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HomeMy WebLinkAboutOil Subsurface Easements - West Newport Parcels F-27 to F-52DATE ORIGINAL Z••IZE PAFC& NEGOTIATIONS DEED DEED DEED IN Y llhv.� zalm.m� C:TFTYm, —4554751"M, r�wull.c: VTTF�fuv A FI DID S114.0 91 N4 4 F ff,welp•9,11, 31 tip •] not serve, i F-1 I GAYLORD, JAMES M. 1/15/81 1/26/81 2/4/81 a1ol.J /26/81 1/15/81 1/26/81 F-2 WILIS, EDITH M. F-3 BIDGWAY, RICHARD L. 1/15/81 1/19/81 2/4/81 A)ZI 1�� .t se�.'� 1/26/81 F-4 SCHUMANN, ROBERT W. 1/15/81 1/20/81 1/26/81 1/15/81 ' 1 F-5 SHEHANE, RAYMOND 1 /26/81 1/31 /81 1/15/81 1/26/81 F-6 MOODY, ROBERT L. 1/21/81 HUS & WIFI 1/15/81 F-7 CITRANO, VINCENT J. 1/38/8 ....... .... ... 2/17/81 ....... .............. - --------- - ...... ... . ..... . ...... .... 1/27/91 ----- -------- 2/3/81 --------- ...... F-8 MAARSE, JACOB 1/15/81 1/22/81 2/4/81 not served .... . ...... ...... ... 1/26/81 ......... 1/15/81 1/20/81 1/26/81 F-9 NEWSON, IRENE M. — -- ----- --- ---- ----- I -------------------- ---- ---- - - --j.— ....... ... . .... ......... - ------------ I ----------- .1 DATE ORIGINAL •d••itia NEGOTIATIONS DEED IN COPY IN ••"%waw eFunmramum crry-S FILE CUR FILE SERVED SUMNS EFFECTIVE & 00MPIAIt?r DATE & DIP. OIP 44.81 F-10 NEWSON, IRENE M. 1/15/81 F-11 NEWSON, IRENE M. 1/15/81 F-12 HILL, JOHN J. F-13 MEYER, WILLIAM M. 1/15/81 F-14 BLANDI, THOMAS SOLD 10 BRA • F-14 BRAGG, MEDROD N. 1/15/81 -15 WALKER, KENNAN W. 1/i5/81 1/20/81 ...... .. ...... 2/4/81 .. ....................... ... . .............. 7F .............. erved ot ..... .. 1/29/81 2/6/81 ..... F-16 JACOBY, WILLIAM H. 1/15/81 1/30/81 2/5/81 ........... . ......... .......... F-17 KOLL, DONALD M. 1/15/81 .. ........ . . ............ SERVED ORIGINAL RECORDED smials EFFECTIVE DEED IN COPY IN & CamPLAINT DATE CITY'S FILE OUR FILE & 03P. Olp EWKMV�=y F-18 LINICK, HAROLD M. 1/15/81 1 us & Wife F-19 BANNAN, BERNARD J. 1/15/81 1/22/81 2/4/81 not served P-20 NORLUND, BRUCE L. 1/15/81 ./19/81 2/4/81 c�hrJSJ PW not served not F-21 1/15/81 L/21/81 2/4/81 served BFUU, ROGER & LIMA CO-- F-22 BLACKMAN, ROBERT 1/15/81 1/19/81 1/26/81 F-23 RICHARDSON, ALEXANDER 1/15/81 ...... ...... ............... ...... ----------- ---- - ------------ ----- -- -------- ------- ----- I - -- ---------- -- ---- 1/23/81 ... ........... 1/19/81 --- ---------- 1/28/81 ........ 1/26/11 -- F-24 EATON, MARIAN H. 1/15/81 F-24 WEST PROPERTIES .... . . .... 1/15/81 F-25 DANIEL, LA VEATA B. 1/15/81 DATE ORIGINAL RECORDED SERVED 5MMS EFFBCrIVE NEGOTIATIONS DEED DEm DEED IN COPY IN & COMPLAINT DATE a� mhw ryvmy r n I;tcwm REmRDED rSTY'S FILE CUR FILE & DIP. DIP ANSWERED DISMISSED BARME, MICHAEL F -26 F -27 SCHUMANN, WILLIAM C. 1/15/81 /19/81 2/4/81 ��/ not served a�a5�g� not F -28 PERRY, ALLEN W. 1/15/81 1/21/81 2/4/91 served 1/15/81 /26/81 P-29 KELLOGG, LE 1/15/81 /26/81 F -30 KELLOGG, DALE 1/21/81 /26/81 F -31 RUDLOFF, LORALYNN 1/15/81 F -32 GAYNER, WALKTER R. 1/15/81 1/26/81 1/20/81 1/20/81 1/26/81 1/15/81 F -33 TANSKE, DORIS J. 1/15/81 Hus &Wife 1/21/81 1/26/81 F -34 KESSLER, MARY M. DATE ORIGINAL PAPOM NEGOTIATIONS nFm DEED IN COPY K7701wt 1111%7 AlL AM4CED SIG= GCORDED CITY'S FILE UJR F SERVED SLUiONS EFFECTIVE & COMPLAINT DATE 6 DIP, DIP not F-35 VOGT, KENNETH F. 1/23/81 2/4/81 served F-36 DI CORPO, NELLO 0. 1/15/81 L/21/81 2/4/81 not served cNELF, FREDERICK AND (CHELF) Hu s &W F-37 NEWMAN, JOHN OMAR 1/15/81 1/21/81 1/26/81 ........ . ....... - F-38 PEGRAM, WANDA. 1/15/81 1/22/61 1/26/8L ARMSTRONG PETROLEUM 1/15/81 P-39 ARMSTRONG PETROLEUM F-40 1/15/81 . ... ............ ..... ------- ............... .. ...... 1/28/81 ............... 1/28/81 1/2 8 /81 2/3/81 2/3/81 2 ..... . F-41 RUMBELLOW, VICTOR G. 1/21/81 ................. .... ..... F-42 RUMBELLOW, VICTOR G. ... .. 1/21/81 1/21/81 . . F-43 RUMBELLOW, VICTOR G. SERVED ORIGINAL RECORDED SLKWUS Em)C•lVE DEED IN COPY IN & CaVIAINT DAM CITY'S FILE OUR FILE & OIP. Olp mir- 14-25 1/21/81 1/28/81 2/3/81 F-44 RUMBELLOW, VICTOR G. 1/28/81 2/3/81 F-45 RUMBELLOW, VICTOR G. 1/21/81 1/21/81 1/28/81 2/3/81 F-46 RUMBELLOW, VICTOR G. - - -------- 1/28/91 2/3/81 F-47 RUMBELLOW, VICTOR G. 1/21/81 not F-48 MORRISON, 14EL served 1/15/81 1/30/81 2/17/81 gl F-49 MORRISON, 14EL 1/15/81 L/30/81 2/17/81 not served F-50 MORRISON, 14EL 1/15/81 L/31/81 ...... ... . 2/17/81 ..................... ......... ... ..... not served ............ F-51 BROWN, VALERA G. .. 1/15/81 1/15/81 ........... ....... .... .... F-52 BROWN, VALERA G. i I SERVED DATE ORIGINAL •a••'uo-■ sul"S EFFEMIVE •.Y]1 NEGOTIATIONS ■ X16■ • 7IBI/ IN •• ' IN CUdnAINT DATE .I'797 eW l•4W7\.M. -s C 17• 'DN' ■E■ CUR FILE 03P. • ■• ANSWERED • " 1 M SERVED DATE ORIGINAL RVOORDED =-"S EnUCTIVE PARCEL EGO . DEED /aka. .M IN COPY IN COMPLAINT DATE .i -rw lJOILIF. Ra Ye WO.Fr , SIlA TED RECORDED OUR 1 DIP OIP ANS&RED DISMSSED I SERVED D= ORIGMAL •a.•-.. a. SLVMS E PARCEL NEGUMMONS nRFn DEED DEED IN COPY IN & MaYLAIM DATE .I 'u1.151 ♦ : ul 1•Y Vla \.tea■ ! \Ia■ FOOMMED CITY'S FILE CUR FILE CUR • ■' ANSWERED •la. . y i 70■ SERVED DATE ORIGINAL BECOMES SUMMMS EFETLTIVE PANEL NEGDTIMONS DEED DE® DEED IN COI'X IN & COdyIAINP DATE --_ -- --- S. ORIGINAL P=Fum DEED IN COPY IN rTTY'.q FTTF. OUR FILE SEMM Sa*M EFFMCTM & •U4qAUU DATE & DIP. DIP rlv '1lDlcip� r - INDV G-30 BRADY, PHILIP L. 1/30/81 G-31 REYNOLDS, BERNIECE 1/30/81 GRACE G-32 PETERLIN, MARY 1/30/81 Z/9/81 2/17/81 G-33 BENSON, BEVERLY /30/81 G-34 PATTISON, GWENDOLYN R. /30/81 2/10/81 2/16/81 G-35 EARLE, HOWARD J. 1/30/81 G-35 LAWRENCE POLLOCK MD INC. 1/30/81 PENSION AND PROFIT ... ........ ............. ...... --- ---- G-36 CITIZENS COMMERICAL TRUSI 1/30/81 & SAVINGS BANK OF PASADENA G-37 1/30/81 THOMAS, ROBERT M --------- - - N441 y guys wlylylllgw&;�- FMM�M*lq` G-38 LOMMIS, STEPHEN C. 1/21/81 1/21/81 NOT G-38 STEPHENS, LUCILLE 1/30/8. 2/17/81 SERVED G-39 not 1/21/81 served G-39 GRIFFITH, RUSSELL 2/3/81 2/17/81 ... . . ... ... G-40 GRIFFITH, RUSSELL 1/21/81 2/3/81 2/17/81 not served G-41 SORK, LAWRENCE J. 1/21/81 ---------- Wife ...... -- ----- . ......... G-41 ELLER, RICHARD J. 1/21/81 2/3/81 2/5/81 1/21/81 G-42 FAGER, A. EUGENE ....... ....................... .. . ........... I ..... ...... ... . .... ............ Hus&W G-42 SEMENIUK, WALKER S. 1/21/81 --------------- /26/81 ......... Wife 1/31/8 - ----------------------- G-43 PETERSON, JAY T. 1/21/81 1/30/81 2/4/811 -- - ------------ - -------------- ----- --- ----- --- -1 ------- •• 1 - SERVED SLUICKS EFFECTIVE & CQ!4qAINT DATE 6 Olp. DIP rlp"M�" M51 G-43 MOB, COURTNEY V. SOLD To VANORDEN VANORRDEI SOLD PO SAAR G-43 SAAR, JOHN 1/21/81 G-44 MANOOKIAN, DAVID 1/21/81 not G-45 GILL, JEAN E. 1/21/81 1/26/81 2/4/81 served G-46 THATCHER, LUCILLE E. THAT 1/21/81 1/30/81 2/17/81 not served G-47 COTTIER, ROSEMARY 1/21/81 G-48 WOOD, JACK J. 1/21/81 ............. ... . --.1 .......... .. ........ . .......... .. ...... Hus6Wife .. ....... ..... G-49 GREENBERG, IRWIN 1/21/81 ... ........... . ... ..... ..... . . ........... JPq/91 1/27/81 .. . . ......... . ......... a ..... .. .... . . ............ G-50 BOADWAY, SHIRLEY 1/21/81 1/28/81 1/24/81 not s........ ..... 0• es � kl SERVED ORIGINAL RECORDED SL"M EFFECTIVE DEW IN COPY IN & CDTIAINT DATE CITY - S FILE OUR ilLE & OIP. OIP rw.lr�7147�10 �,"pp 1/21/81 G-51 BENFATTI, ROSE Hus&Wife 1/21/81 L/28/81 2/3/81 G-52 PAGE, ALEXANDER E. ,310191 1/21/81 G-52 BEDOR, PRESTON C. 2/5/81 2/17/81 G-53 HOLMES, DALLAS S. 1/21/81 G-54 NEVIN, ROBERT B. 1/21/80 Hus &Wife G-55 DEXTER, EARL H. 1/21/80 1/30/81 2/17/81 ... .... ..... 1/27/81 . ...... 2/3/81 G-56 CRANE, ROBERT 1/21/80 .... . .. ..... .... — ........... . ... .......... .. . ...... . ........ 1/21/80 q.1-91 G-57 JOHNSON, DAVID H. 1/21/80 ............ .. .... ...... ......... I ... I ................ .... 2/3/81 ....... .. 2/8/81 ..... . ..................... G-57 WILSON, PETER A. DATE ORIGINAL RECORDED PARCEL NEGOTIATIONS rws-n DEED DEED IN COW IN NAM rrVUIi�YAI SIGNED T98Y•'•�I/ CITY'S FILE OUR FILE 1.11 1 IL-A 2%, G-58 MEMIROFF, ALLAN I. 1/21/81 1/27/8 2/4/81 not served Hus&Wife G-59 SINDELAR, JOHN A. 1/21/81 1/30/81 2/5/81 1/28/81 2/17/81 not G-60 MOORE, J. CLARK 1/21/81 served G-61 BRINTNALL, RUTH E. 1/21/81 1/26/8: 2/17/81 Vore -1/30 2/5/81 G-61 TUTTLE, JAMES 0. 1/21/81 G-62 . ............... . G-62 BRINTNALL, RUTH 1/26/8. 2/17/81 1/21/81 C -63 DEMPSAY, MILDRED 1/21/81 1/22/8 2/4/81 .. . .......... I ....... ........... ....... .... .......... C16 P ............ ......... .......... net served ......... Hus &Wife .... G-64 KIMBROUGH, LAVERNE H. .... ....... . . 1/21/81 G-65 REIF, I. 14ELVIN ':/23/81 1/23/81 1/21/81 2/4/81 --------- - ----- DATE ORIGINAL RECORDED SERVED S-R*=S EFFOCrM PAPOM NEGOTIATIONS DEED DEED DEED IN COPY IN & 00MAINT DATE ATF05V MSlJ"T*ED r-W 9,1Z' FIlB & OIR OIP ANSWERED DMAIZZE) w G-66 L M S BEACH PROPERTIES 1/21/81 1/29/81 2/5/81 1/26/81 2/2/81 G-671 LANCIA, BENNY 1/21/81 Hus &W G-68 BOYDSTON, ANNETTE 1/21/81 1/30/81 2/5/81 1/29/81 2/4/81 G-69 ABU-HAYDAR, LAURE 1/21/81 1/29/81 2/17/81 SANTUCCI, DANNY AND MARY 1/21/81 G-70 G-71 HENNINGSGARD, WARREN 1. 1/26/81 ... . .... . .. not G-72 MCROBERTS, JACK 1/26/81 2/3/81 2/17/81 . ... served ... ........ -- --- ------- -- -------- G-73 YOUNG, CHRISTOPHER 1/26/81 ........ ... . 1/26/81 ..... . . ... .. .. ............ ..... ........ .. G-74 FINCH, BARRETT J. I SERVED DATE ORIGINAL RECORDED SLHM EFFECTIVE PAPrEL NEGOTIATIONS DEED DEED DEED IN COPY IN & COMPLAINT DATE (ywfAplw'Fn qTQqFn RECIORDED CTTY'S FUR OUR FILE & 03 P. Oip •ANSWMW DISMISSED G-75 SAURENMANN, MARGARET P. 1/26/81 2/9/81 2/17/81 G-76 GREITZER, STANLEY 1/26/81 1/26/81 G-77 SPEARS, HARVEY M. G-78 MUNNS, CHARLES R. 1/26/81 2/10/81 2716/81 G-79 FAURIAt RAYMOND L. 1/26/81 G-79 SOKOLOPFt PETER .1/26/81 Z/4/81 2/17/81 not served 3166till 1/26/81 ('ICI , G-80 FAURIA, RAYMOND L. ..... ....... I .............. ------------- .... . ...... .... ......... not G-80 SOKOLOFF, PETER 1/26/81 served 2/4/81 2717/81 .... ....... .... .. ... ......... .—.— ...... I. ... ...... ....... ..... ... ........ ... G-81 FAURIAt RAYMOND L. 1/26/81 ---- - ------ I ----------- . ......... . ............ ............ DATE ORIGINAL •+a•• •m» w*rNS uTwrm PAPCEL NEMTIATICNS DEED DEED DEED IN OW'� IN & 0243LAINT DATE STifi-1-57bi V56CRIE• CW'S 'WIE 14-11, FILE & OIR OIP ANSKIM DISMISSED not G-81 SOKOLOFF, PETER 1/26/81 2/4/81 2/17/81 PAW served G-82 WILSON, ANN M. 1/26/81 �/9/81 2/17/81 !CIS( G-82 KANEKO, JOHN S. 1/26/81 2/10/61 2/17/81 .. . ....... . G-82 GOcDE, ALAN 1/26/81 /9 /81 2/17/81 G-83 KANEKO, JOHN S. 1/26/81 2/10/81 2/17/81 G-83 WILSON, ANN 2/10/81 2/17/81 1/26/81 G-83 GOODE, ALAN L. 1/26/81 .... . ....... I.- ............. ....... . ..... ..... .... ........ ...... ...... ....... G-84 WILSON, ANN M. 1/26/81 2/9/81 2/17/81 .. . ............. .. ..... ............. L3d 6 1 ... .. .......... . ....... . ... ... .. G-84 KANEKO, JOHN S. 1/26/81 2/10/81 2/17/81 ----- -- ------- - I SEINED DATE ORIGINAL REOMUM $U*7C1`1S EM=IVP PARCEL NEGOTIATIONS DEED DEED DEED IN CORY IN & COMPLAINT DATE wxwuc ,rMacwv�wi CT(]:iF.fl T1RfYAt Tm rTTYI.q FITF. rm FTL? & O7P. OIP ANSWERED DISMISS 1/26/81 G -84 GOODE, ALAN L. us & Wife G -85 VALENTI, RUDOLPH J. 1/26/81 2/10/81 2/16/8 - - - 1/26/81 3Ia7�s� 1/28/81 2/9/81 —_ 1/2 9/8 2/17/81 G -86 JACOBS, JOHN W. HILBERT, BEULAH. 1/26/81 G -87 G -88 NIXON, MARIAN W. 1/26/81 - .. G-88 TARANTELLO, ROCCO D. 1/26/81 - G-89 WHITE, NORMAN PROPERTY SOLD 90 MCCALL 2/3/81 2/8/81 - 1/26/81 G -89 MCCALL, GEORGE W. ....... _._ ... ... ,_ _ ._.._ .... _..::..._ .... ....... - .... ...... .. I�jtI ....f__..,...:. Hus&Wife ........ ........ .......... - ...... ... _ ._ ....... G -90 BERTOLINO., PIERRE 1/26/81 1/29/81 /10/81 2/17/81 { I i DATE ORIGT14AL FBmRrm SERVED SU?"3NS EE?BcrlVz PARCEL NEGOTIATIONS rFTn DEED DEED IN COPY IN & ComPLAINT DATE CYV&AF?Jrm qTrIJM RFMRrffU) rTTY's FnE CUR FILE & OIP. oIp ANSWERED DISMISSED t 1/26/81 G-91 STOMEL, PATRICIA A. gp 1/30/81 2/5/81 G-9; MORIARTY, TED J. 1/26/81 1/30/81 2/17/81 1/29/81 (Hus&Wife 2/4/81 G-93 BOOGROV, SAMUEL J. 1/26/81 2/3/81 2/17/81 G -94 ANARADIAN, LEON 1/26/81 1/30/81 2/17/81 G-95 LAUTERJUNG, LOIS A. 1/26/81 2/2/71 2/17/81 3JA711 ---- - ------- . ...... G-96 RICHARDSON, EDWARD 1/26/81 /29/81 2/29/81 G-97 BRIETHAUPT, PAUL D. 1/26/81 /29/81 ....... ...... ... 2/17/81 ...... ... . ...... 307ffi .......... ... .... L/28/81 2/4/81 ..... .......... B-98 NUGENT, WILLIAM R. 1/26/81 /28/81 2/17/81 3 Wife &Hus IQ 7) 91 2/3/81 2/8/81 G-99 MAYS, ROBERT E. 1/26/81 * /10/81 2/17/81 .. .... ..... .. SERVED DATE ORIGINAL RECORDED SLZ940NS EFFEMIVE .,My NEONLATIMS •aa• •aal 1aa1 IN OWY 1 & OCMLAW WE jk yyl}, •lal SIGNED 'ia••' 1 71 CITY I S FIIE OUR • • ' • ' ANSKERED 1 } 1 •M SEE WED ORIGINAL RECOMED SLUMS EFTECTrVE JfED IN C07J IN & MVLAINT DAM crIVS FILE 'CUR FbLE & Olk OIP G-10 SETTLE, J.E. G-111 BRYANT, KENNETH A. G-11: HUNTA, WILLIAM C. G-IL- SUBBIONDO, BLAISE OWNED BY MY OF NEWPCRT BEACH G-111 NEVIN, ROBERT G-11 NEVIN, ROBERT G-11! NEVIN, ROBERT .. . ........ G-11 E NEVIN, ROBERT - ------- --- . ............ ....... .... ...... . ................. G-111 NEVIN, ROBERT SERVED DATE ORIGINAL RECORDED SUKTNS PAP=, NEGOTIATIONS DEED DEED IN, COPY IN & COMPLAINT DATE ,.i salU "w" lua. 95&.:475. C.W. - S FILE—RUP. OIR • p ANSWERED DISMISSED G -118 DEAN WALKER G -119 O'CONNOR, PATRICK G -120 HANSFORD, CLAIRE G -121 ZARRINNEGAR,. ALI G -122 JENSEN, FRANK G -123 JENSEN, FRANK G -124 G-125 JENSEN, FRANK TURNBOW, MAURICE I i G -126 TURNBOW,. MAURICE DATE ORIGINAL RECORDED SERA SRMS EFFEC M PAS, NEGDTIATICNS DEED DEED DEED IN CMV IN & CCI+IPIABC DATE - mm= MWOR rff4off7lW7D STG[]ED RECORDED CITY'S FIIE OUR FILE & 07P. OIP ANSWERED DI99SSED G -12. TURNBOW; MAURICE G -12 TURNBOW, MAURICE G -.129 TURNBOW, MAURICE G -130 TURNBOW, MAURICE G -131 TURNBOW, MAURICE G -132 TURNBOW, MAURICE G -133 TURNBOW, MAURICE i G-134 TURNBOW, MAURICE G-135 TURNBOW, MAURICE . •.rte WNW CNa a BIND L1I ��V YIi \.r9I ! 19I 16N•I81I SERVED ORIGINAL RECORDED . EFFECTIVE 1 . }�. IN O I . COAPLAINT DATE CITY'S FILE CUR FILE • DIP i9 181. . " I YBI G -142. RAGNOFF, DAVID B. SOLD TO T DWGRANT EQUITIES ICH WOLD MARINA PARTMENTS BALBOA APT. D APART ME TS 1/30/81 G -142 MARINA APARTMENTS 2/5/83 2/11/8 1/30/81 G -142 BALBOA APARTMENTS /5/81 /.11/81 1/30/81 1 G -142 GRANT APARTME NTS 2/5/81 2/11/81 G -143 RAGNOFF, DAVID G. SOLD TOP OSPECT 777 S G -143 PROSPECT .APARTMENTS 1/38/81 /5/81 2/11/81 G -144 LAFAYETTE APARTMENTS 1/30/81 - G -145 HUNT, JULIA 1/21/81 1 /21 /81 - • G -146 HUNT, JULIA DATE ORIGINAL Z,0RDED PARCM NEGOTIATIONS DEED DEED DEED IN IN N114m H= CMgMm * SIQED RMOFUM CrrY IS FIIZ * OUR FILE • N44 a I • ialY al 1 •' 1 Val 1/30/81 G-13 TURNBOW, MAURICE G-131 KAGNOFF, DAVID B. Sold :0 NEWPORT APARTMENTS 1/30/81 2/5/81 2/11/81 G-137 NEWPORT APARTMENTS ......... .. G-1381 KAGNOFF, DAVID G. sold to SEASHORE APARTMENTS G-136 SEASHORE APARTMENTS 1/30/81 2/5/81 2/11/81 G-139 NEPTUNE APARTMENT 1/30/81 2/5/81 2/11/81 G-140 NEPTUNE APARTMENT sold to "OASTAIARTMENTS ........... ...... 1-- ... ........ ..... ............. G-140 COAST APARTMENTS 1/30/81 1/30/81 ------ ---------- 2/5/81 .......... 2/11/81 — ...... - ....... ... ............ .... ...... G-141 KAGNOFF, DAVID G. i SERVED DATE ORIGINAL REODRDW $LJ* $ EFTBMTVE PARCEL NEGOTIATIONS DEED DEED DEED IN OWY IN 6 Oa4gA= DATE _� f_ F -9q 0 WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California L Cleed OQ . MAIL TAX STATEMENTS TO: EXENVIPT C5 92663 CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 B 1%*393 7tC 1US 62 JR /MM 12/8/80 Parcel F- 27 RUIFNIA OF ORANGE COUNTY, CALORNI -112� A.M. FEB 4 '8 1 LEE A. BRANCH, County Recorder DOCUMENTARY TRANSFER TAX Computed on the con- sideration or value of property conveyed. Computed on the con- 0 sideration or value less RECEINED 9 liens or encumbrances re- CITY C<EM maining at time of sale. FEB 201981► 10 CITY OF RNPORT t3EAtFl Signature of Declarant or CALIF. Agent determining tax - - Firm Name c� SUBSURFACE PASS - THROUGH EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, WILLIAM C. SCHUMANN AND LILLIAN A. SCHUMANN, as Trustees of THE SCHUMANN FAMILY REVOCABLE TRUST, dated July 8, 1980 hereby GRANT(S) and conveys to the CITY OF NEWPORT BEACH, a municipal corporation, and its successors and assigns, a perpetual easement and right of way to drill, test, com- plete, equip, maintain, repair, clear, redrill, deepen, operate, produce, dismantle (remove casing and other equip- ment from), plug and abandon under and through the subsur- face 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 ver- tically below the surface thereof, a well or wells for the purpose of exploring for and /or producing oil, gas and /or other hydrocarbon 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 re- ference is made a part hereof as though set forth at length. SUBSURFACE PASS- THROUGH EASEMENT (F), Page 1 0 1__I B 13937F0% 1863 The rights granted herein to Grantee are for the pur- pose of drilling for, producing, extracting, taking, and removing oil, gas and other hydrocarbon substances by means of slant holes or wells drilled through and beneath the lands described 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; pro - vided, however, that the provisions of this instrument shall not entitle the Grantee, in any of its operations hereunder, to use any part of the Grantor's real property between the surface of the land's described in Exhibit "A" attached here - to.and the depth above - specified, or to bottom any well within the boundaries of the Grantor's real property. A plat showing 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 in- stall materials of good quality and condition, and all wells shall be drilled and maintained by Grantee in the best work- manlike manner and in accordance with good oil field prac- tice, and all water sands encountered therein shall be, ef- fectively and in a proper manner, plugged off; all drilling and other operations 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 property of Grantor; and Grantee shall take all rea- sonably necessary precautions to prevent the discharge or escape of mud, oil, debris or other matter onto the beach or adjoining property 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 granted hereunder, shall pay to Grantor a 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 bottomed beyond the outer boundaries described in Exhibit "B," as the square footage of Grantor's real prop- erty, as described 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 fur- ther 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 compen- sation 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 repressuring any oil bearing formation in an attempt to further production from any such well or wells; nor shall Grantee be obligated hereunder to save any gas, except as there is a reasonable market and value for the same. Grantee shall be entitled to deduct from the compen- sation hereunder the Grantor's proportionate share of any SUBSURFACE PASS - THROUGH EASEMENT (F), Page 2 BK 13937F^V 1864 mineral 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, 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 sentence shall be deemed to be the actual cost thereof, but not to exceed ten cents ($0.10) 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; pro - vided, 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 amounts 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 particular 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 assign- ment 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 successors 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. Furthermore, 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 prorate the compensation accruing to Grantor accordingly. This Subsurface Pass - Through Easement shall be and be- come effective from and after the date that Grantor executes the same, or January 26, 1981, whichever is later. Grantor hereby agrees to make no claims in eminent domain against Grantee relating to the herein - described land, including without limitation any claims for fees, costs, attorneys' fees, abandonment costs, interest, those claims which may arise out of Grantee's immediate pos- session of Grantor's real property and any claims pursu- SUBSURFACE PASS- THROUGH EASEMENT (F), Page 3' 0 0 BK 13037F3 1365 ant to California Code of Civil Procedure Sections 1036, 1263.410, 1263.420, 1268.610, 1268.620 and 1268.710. Gran- tor also agrees and consents to the dismissal of any emi- nent domain action in the Superior Court wherein Grantor's real property is included. 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. 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 P ss— Through Ease- ment has been executed this � day of 198/. WILLIAM C. SCHUMANN, Trustee LILLIAN A. SCHUMANN, Trustee Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: SUBSURFACE PASS— THROUGH EASEMENT (F), Page 4 PARCEL No. F -27 LEGAL DESCRIPTION Lot 1 in Block 59 of the Ocean Front Tract as per map recorded in Book 4, Page 12 of Miscellaneous Maps, records of the County of Orange, State of California. EXHIBIT "A" B" 887 1867 DESCRIPTION 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 Orange,' State of California. more particularly described as follows:. PARCEL "F": Beginning at 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 Count Recorder of said County with the north - easteAy 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 man of "River. Section. Newport Beach" recorded in Book 4. Page 25 of said Miscellaneous Maps with the Southwesterly boundary line of said "Rives 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 °24'57 " 'East. 901.10 feet to an intersection with the Newport Beach City Boundary as shown on a maD 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 Foint 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 20° 11'42" East. 370_59 feet to the northwesterly terminus of the course shown as "North 600 26128" West 576. 24 feat" and entitled "North Line of Mean High Tide. Rec. 9119128. Bk_ 201 -253. OR. Ora. Co. Sup. Court Case No. 23686" on a map filed in Book 27. Page 47 of said Records of Surveys. 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 6'0° 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 °00'12" West. 248_30 feet. more or less. to an intersection with the ordinary lo%v watermark of the Pacific Ocean; thence along saidordinary low water mark North 58 049105 ". West. 1010.89 feet to an intersection EXHIBIT "B" - Page 1 • 3J37 PC 18 6) 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 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 33°29'45" East, 376. 20 feet, more or less, to the point or beginning. CONTAINING 23.404 Acres, more or less A i. EXHIBIT "B" - Page 2 BK 13037n 18C9 b� m; i It RRyy { S LiL QZ r 3 u � N 8 y 2 al i e Q > y s� ±q Q 31 It - • � •$ �= U �r L j 0 > W / l 1Yf ...... co < w me 72,:1 7M2 co Uj a> °1 Z >' 3 �LLe ri. 4f A' oiFTm 'sue m: =03 EXHIBIT "C "' • STATE OF CALIFORNIA ss. COUNTY OF ORANGE Bit I'J'7e 1370 On /9 , IVf /, before me, the under- signed, apbtary Public in and for said State personally ap- peared WILLIAM C. SCHUMANN AND LILLIAN A. SCHUMANN, as Trustees of the Schumann Family Revocable Trust dated July 8, 1980 known to me to be the person(s) whose name(s) are subscribed to the within instrument, and acknowledged that they exe- cuted the same, as such trustees. IN WITNESS REOF, I have hereunto set my hand this day of 19. -d•:: r: rxr OFFICIAL L SEAL hrnr rr WILLIAM J. GLUM{ 3 NOTARY PUBLIC. }{ SAN PRINCIPA SAN DIEG OFFICE IN DIEGO COUNTY My Commission Exp. Nov. 15, 1982 Notary PubK)ec' in and for said County and State 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 NEWPORT 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 , i4aR , and the Grantee consents to recordation thereof by its duly authorized officer or agent. IN WITNESS WHEREOF, I have hereunto set my hand this day of 1961. SUBSURFACE PASS - THROUGH EASEMENT (F), Page 5 4609 BA f 3J3/ I n, 1353 3 JK /MM 12/8/80 Parcel F- 28 WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH EXEMPT RECORDED IN O OFFICIAL LREFO�A 3300 Newport Boulevard C Newport Beach, California 92663 A.M. FEB 4'81 City Clerk Dced No. �� MAIL TAX STATEMENTS TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 RECEIVED CITY CLERK FEB 201981` CITY Of NeWp9RT BEACH, CALIF. Lu p. BRANCH, County Reeordw 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. r, Signature of Declarant or Agent determining tax Firm Name SUBSURFACE PASS- THROUGH EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ALAN W. PERRY AND YVONNE M. PERRY, husband and wife, as Joint Tenants hereby GRANT(S) and conveys to the CITY OF NEWPORT BEACH, a municipal corporation, and its successors and assigns, a perpetual easement and right of way to drill, test, com- plete, equip, maintain, repair, clear, redrill, deepen, operate, produce, dismantle (remove casing and other equip- ment from), plug and abandon under and through the subsur- face 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 ver- tically below the surface thereof, a well or wells for the purpose of exploring for and /or producing oil, gas and /or other hydrocarbon 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 re- ference is made a part hereof as though set forth at length. SUBSURFACE PASS - THROUGH EASEMENT (F), Page 1 B 1 3Jv7fv i 85 The rights granted herein to Grantee are for the pur- pose of drilling for, producing, extracting, taking, and removing oil, gas and other hydrocarbon substances by means of slant holes or wells drilled through and beneath the lands described 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; pro- vided, however, that the provisions of this instrument shall not entitle the Grantee, in any of its operations hereunder, to use any part of the Grantor's real property between the surface of the lands described in Exhibit "A" attached here- to and the depth above - specified, or to bottom any well within the boundaries of the Grantor's real property. A plat showing 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 in- stall materials of good quality and condition, and all wells shall be drilled and maintained by Grantee in the best work- manlike manner and in accordance with good oil field prac- tice, and all water sands encountered therein shall be, ef- fectively and in a proper manner, plugged off; all drilling and other operations 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 property of Grantor; and Grantee shall take all rea- sonably necessary precautions to prevent the discharge or escape of mud, oil, debris or other matter onto the beach or adjoining property 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 granted hereunder, shall pay to Grantor a sum equal to such proportionate share of three and two hundred seventy -five thousandths percent (3.2758) 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 bottomed beyond the outer boundaries described in Exhibit "B," as the square footage of Grantor's real prop- erty, as described 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 fur- ther 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 compen- sation 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 repressuring any oil bearing formation in an attempt to further production from any such well or wells; nor shall Grantee be obligated hereunder to save any gas, except as there is a reasonable market and value for the same. Grantee shall be entitled to deduct from the compen- sation hereunder the Grantor's proportionate share of any SUBSURFACE PASS - THROUGH EASEMENT (F), Page 2 B 1%3J3) 7rc 1UO 55 mineral 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, 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 sentence shall be deemed to be the actual cost thereof, but not to exceed ten cents ($0.10) 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 six 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 amounts 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 pay- ment period in payment of all of the interests in and to any particular lot and parcel, or any two or more lots or par - cels 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 successors 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. Furthermore, 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 prorate the compensation accruing to Grantor accordingly. This Subsurface Pass- Through Easement shall be and be- come effective from and after the date that Grantor executes the same, or January 26, 1981, whichever is later. Grantor hereby agrees to make no claims in eminent domain against Grantee relating to the herein- described land, including without limitation any claims for fees, costs, attorneys' fees, abandonment costs, interest, those claims which may arise out of Grantee's immediate pos- session of Grantor's real property and any claims pursu- SUBSURFACE PASS- THROUGH EASEMENT (F), Page 3 sh 1 3037In 1 U56 ant to California Code of Civil Procedure Sections 1036, 1263.410, 1263.420, 1268.610, 1268.620 and 1268.710. Gran- tor also agrees and consents to the dismissal of any emi- nent domain action in the Superior Court wherein Grantor's real property is included. 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. 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 Ease- ment has been executed this .� ; /" day of 1981. 'ILAN W. PERRY NNE M. PERRY antor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT. r SUBSURFACE PASS- THROUGH EASEMENT (F), Page 4 �10�.,r BK 1,,,,,,�i r� 1 „57 PARCEL No. F -28 LEGAL DESCRIPTION Lot 2 of Block 59 of the Ocean Front Tract as per map recorded in Book 4, Page 12 of Miscellaneous Maps, records of the County of Orange, State of California. EXHIBIT "A" B 1 3937P0 1 US 58 DESCRIPTION Oxbow Oil Production Conderuiation All those certain lands situated partly in the City of Newport Beach and partly in the unincorporated territory of the County of Orange,' State of California, more particularly described as follows!. PARCEL "F" Beginning at 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 Count Recorder of said County with the north - easteAy 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 °07135" East, 120.05 feet to the intersection of the southwesterly prolongation of the centerline: of 61st Street as shown on a man 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 line of the Southern Pacific Railroad; thence along said southwesterly prolongation, said 'centerline and the northeasterly prolongation thereof North 34 °24'57" 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 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 11'42" 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. .Sur). Court Case No. 23686" on a map filed in Book 27, Page 47 of said Records of Surveys, 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 $L\ 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°00'12" West, 248.30 feet, more or less, to an intersection with the ordinary low v:atermarl, of the Pacific Ocean: thence along said ordinary low water mar'<. North 58 049'05 ". West, 1010.89 feet to an intersection EXHIBIT "B" - Page 1 L. sic 1 � 37P� 1059 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 59° 1.0'05" 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 33 °29'45" East, 376.20 feet, more or less, to the point of beginning. CONTAINING 23.404 Acres, more or less t EXHIBIT "B" - Page 2 z 1 ' •� d� ^� FYI 1p ir It Y s T��', I'I• Criu � i o z • 4' V LL O is F 11 'P LU ca � i� W ' 8 �m • i � 4.. L —J7 � 8,. a ° ♦ T i i t 'f7 � isxn su uxw a O < W ° ci s. 4 W o: oIF—�s EXHIBIT "C" sh 130 37PC 1861 STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On � ' / , 19E/, before me, the under- signed, a Not dry Public in and for said State personally ap- peared ALAN W. PERRY AND YVONNE M. PERRY, husband and known to me to be the'person(s) whose name(s) are subscribed to the within instrument, and acknowledged that they exe- cuted the same. N WITNESS WHEREOF, I have hereunto set my hand this day of n 19E „ .. R .:RT L. CARROLL ha ory Poblic- Colilorn is PRINCIPAL OFFICE IN LOS ANGELES COUNTY My ommhslo�FxPirmal14•1983 Notary Public in and for said County and State 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 NEWPORT 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 May 13, 1968 , and the Grantee consents to recordation thereof by its duly authorized officer or agent. �i;r IN WITNES HEREOF, I have hereunto set my hand this 'L day of , 196'/ . SUBSURFACE PASS — THROUGH EASEMENT (F), Page 5 • • 2'' WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 City Clerk — Deed No, MAIL TAX STATEMENTS TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 8K 1413cPG 334 JK /MM 12/8/80 Parcel F -29 Parcel F -30 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALJFOR,NIA EXE t.ii�T C j 95 AM QUC 4 '81 LEE A BRANCH, County Recorder 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, DALE KELLOGG hereby GRANT(S) and conveys to the CITY OF NEWPORT BEACH, a municipal corporation, and its successors and assigns, a non - exclusive easement and right of way to drill, test, com- plete, equip, maintain, repair, clear, redrill, deepen, operate, produce, dismantle (remove casing and other equip- ment from), plug and abandon under and through the subsur- face 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 ver- tically below the surface thereof, a well or wells for the purpose of exploring for and /or producing oil, gas and /or other hydrocarbon 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 re- ference is made a part hereof as though set forth at length. SUBSURFACE PASS - THROUGH EASEMENT (F), Page 1 • • By, 1416r PG 335 The rights granted herein to Grantee are for the pur- pose of drilling for, producing, extracting, taking, and removing oil, gas and other hydrocarbon substances by means of slant holes or wells drilled through and beneath the lands described 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; pro- vided, however, that the provisions of this instrument shall not entitle the Grantee, in any of its operations hereunder, to use any part of the Grantor's real property between the surface of the lands described in Exhibit "A" attached here- to and the depth above - specified, or to bottom any well within the boundaries of the Grantor's real property. A plat showing 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 in- stall materials of good quality and condition, and all wells shall be drilled and maintained by Grantee in the best work- manlike manner and in accordance with good oil field prac- tice, and all water sands encountered therein shall be, ef- fectively and in a proper manner, plugged off; all drilling and other operations 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 property of Grantor; and Grantee shall take all rea- sonably necessary precautions to prevent the discharge or escape of mud, oil, debris or other matter onto the beach or adjoining property 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 granted hereunder, shall pay to Grantor a 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 bottomed beyond the outer boundaries described in Exhibit "B," as the square footage of Grantor's real prop- erty, as described 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 fur - ther 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 compen- sation 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 repressuring any oil bearing formation in an attempt to further production from any such well or wells; nor shall Grantee be obligated hereunder to save any gas, except as there is a reasonable market and value for the same. Grantee shall be entitled to deduct from the compen- sation hereunder the Grantor's proportionate share of any SUBSURFACE PASS- THROUGH EASEMENT (F), Page 2 • BK 1 41 G6' PG 336 mineral 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, 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 sentence shall be deemed to be the actual cost thereof, but not to exceed ten cents ($0.10) 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; pro- vided, 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 (510.00), Grantee may defer payment of the same until the amounts 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 particular 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 assign- ment 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 successors 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. Furthermore, 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 prorate the compensation accruing to Grantor accordingly. This Subsurface Pass - Through Easement shall be and be- come effective from and after the date that Grantor executes the same, or January 26, 1981, whichever is later, and shall continue for a term of fifty (50) years, or until oil, gas and other hydrocarbon substances are no longer produceable in paying quantities, whichever occurs earlier. Grantor hereby agrees to make no claims in eminent domain against Grantee relating to the herein - described SUBSURFACE PASS - THROUGH EASEMENT (F), Page 3 0 • B',c 14168po 33i land, including without limitation any claims for fees, costs, attorneys' fees, abandonment costs, interest, those claims which may arise out of Grantee's immediate pos- session of Grantor's real property and any claims pursu- ant to California Code of Civil Procedure Sections 1036, 1263.410, 1263.420, 1268.610, 1268.620 and 1268.710. Gran- tor also agrees and consents to the dismissal of any emi- nent domain action in the Superior Court wherein Grantor's real property is included. Grantor further understands the purpose for which this Subsurface Pass - Through Easement is hereby made and Grantor, for its successors and assigns, hereby waives any claim for any and all damages to Grantor's remaining prop- erty contiguous to the property hereby conveyed which might be recoverable under Section 1263.410 et seq. of the Cali- fornia Code of Civil Procedure as thouse code sections exist on the date of the execution of the deed; provided, however, that such waiver shall not be construed to include a waiver of damages for any other cause except those enumerated in this paragraph. 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 Ease- ment has been executed this 2nd day of O,nrE , 1981. DALE KELLOGG Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: a$ �e /bva Coy�� SUBSURFACE PASS - THROUGH EASEMENT (F), Page 4 0 PARCEL NO. F -29 LEGAL DESCRIPTION 9 BK 14 16 PG 333 Lot 3, Block 59, Ocean Front Tract, City of Newport Beach, County of Orange, State of California. PARCEL NO. 30 Lot 4, Block 59, Ocean Front Tract, City of Newport Beach, County of Orange, State of California. EXHIBIT "A" • • BK 14168PS 339 DESCRIPTI0I 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 Orange,' 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 Mans in the Office of the Count Recorder of said County with the north - easteAy 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 11 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 °07135" 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 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 °24'57" 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 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" `Nest 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 11 000'12" Nest, 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 ordinarry low •;;atermark of the Pacific Ocean; thence along said ordinary low water mark North 58 049'05 ". `.Vent, 1010.89 feet to an intersection EXHIBIT "B" - Page 1 • • BK 14166PS 346 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 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 33 029'45" East, 376.20 feet, more or less, to the point of beginning. CONTAINI \?G 23.403 Acres, more or less .ti EXHIBIT "B" - Page 2 • • BK 14 1 68Pe 34 x lP loq I I o V L R / 0� I. u L co go i e a •� 3 6 n_ -I O T ~ �G IF a e I 2 's LU o lo t \ !eztr ;OEM', LL, W_mW 4:Fmz EXHIBIT "C" BK 1416FPG STATE OF CALIFORNIA ) COUNTY OF ORANGE ; ss. On c.+C (9F% before me, the undersigned, a No- tary Public in and for State, personally appeared DALE KELLOGG , known to me to be the person whose name is subscribed to the within Instrument, known to me to be the person who executed the within Instrument, and ac- knowledged to me that he executed the within Instrument. WITNESS my hand and official seal. �- --.� OFFICIAL SEAL i LOIS MC KEON ; {�a_e� �, N;,tary v „t�iv. Cr.iUnsua i iVOt ry Public °fir' ORANGE COUNTY 1 my Commissron Expues August 19, 1983; 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 NEWPORT 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 May 13, 1968 , and the Grantee consents to recordation thereof by its duly authorized officer or agent. IN WITNES WHEREOF, I have hereunto set my hand this day of 14iArl.14 5.= 19fl. (/0 SUBSURFACE PASS- THROUGH EASEMENT (F), Page 5 342 0 REC�pit10 17585 WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 4 o'rt 33 ewport Boulevard , e Beach, California 92663 :MAT L''I^ STATEMENTS T0: Clerk II Dcrd i EXEMPT 1 No. /S Y3 C 2 CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 • en 1 4020 P 1567 JK /MM 12/8/80 Parcel F- 31 RECORCED IN OFFICIAL RE,=DS OF OF=G1 CCURTY. CALIFORNIA -11M s AM APR 15 '81 LEE A. BRANUH, County Rv-wdar DOCUMENTARY TRANSFER TAX S 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, LORALYNN ANN RUDLOFF, a Married Woman as Her Sole and Separate Property hereby GRANT(S) and conveys to the CITY OF NEWPORT BEACH, a municipal . corporation, and its successors and assigns, a perpetual .easement and right of way to drill, test, com- plete, equip, maintain, repair, clear, redrill, deepen, operate, produce, dismantle (remove casing and other equip- ment from), plug and abandon under and through the subsur- face that certain real property hereinafter described in which Grantor has reserved the right to control subsurface pass - ::.rough easements ( "Grantor's real property" herein) at a dent:+: not less than Four Hundred (400) feet measured ver- ticalLy below the surface thereof, a well or wells for the pu,—,cs< of exploring for and /or producing oil, gas and /or other -hydrocarbon substances; the easem ?nt and right of way grainzec: herein shall lie under that ce.. ain parcel of real property situated in the City of Newport Beach, County of 0_a'c:e, State of California, and more particularly described in "A" to this Deed and such description by this re- fere-_e is made a part hereof as though set forth at length. SUBSUF:_nCE PASS- THROUGH EASEMENT (F), Page 1 i • BK 14020 PG 1 568 The rights granted herein to Grantee are for the pur- pose of drilling for, producing, extracting, taking, and removing oil, gas and other hydrocarbon substances by means of slant_ holes or wells drilled throu ^!: and beneath t'aa lands described in Exhibit "B," which by this reference made a part hereof as though set forth at len h, into tide waters .beneath the Pacific Ocean and connecting waters; pro- vided, however, that the provisions of this instrument shall not entitle the Grantee, in any of its operations hereunder, to use any part of the Grantor's real property between the surface of the lands described in Exhibit "A" attached here- to and the depth above - specified, or to bottom any well within the boundaries of the Grantor's real property. A plat showing 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 in- stall materials of good quality and condition, and all wells shall be drilled and maintained by Grantee in the best work- manlike manner and in accordance with good oil field prac- tice, and all water sands encountered therein shall be, ef- fectively and in a proper manner, plugged off; al'. drilling and other operations 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 property of Grantor; and Grantee shall take all rea- sonably necessary precautions to prevent tare discharge or escape of mud, oil, debris or other matter onto the beach or adjoining property 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 granted hereunder, shall pay to Grantor a sum equal to such proportionate share of three and two hundred seventy -five thousandths percent (3.2758) 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 bottomed beyond the outer boundaries described in Exhibit "B," as the square footage of Grantor's real prop- erty, as described in Exhibit "A ", bears to the total square footage cf -the lards lying within the outer boundaries of Exhibit "B," excluding public streets and highways owned in fee s ale by the City of Newport 3each and also any lands owned "'- fee simple by the City of Newport Beach, and fur- ther excluding streets and lands lying within the former Facific Electric Railway Company right of way; provided, however;, that Grantor shall not be entitled to any compen- sation ''ased upon oil lost through evaporation, leakage, or otheri'se, or upon gas used, consumed or lost in extraction of or upon any oil or gas used in connection with any well drilled or operated hereunder, or upon any gas which « .rsed for repressuring any oil bearing formation in an ar._e-._t to further production from any such well or well-:• nor shall Grantee be obligated hereunder to save any gas, t as there is a reasonable market and .value for the sa -e Gra^-ee shall be entitled to deduct from the compen- sationr.e_eunder the Grantor's proportionate share of any SUBSURFACE PASS - THROUGH EASEMENT (F), Page 2 • 0 BK 14020 PG 1 569 mineral 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, 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 sentence shall be deemed to be the actual cost thereof, but not to exceed ten cents ($0.10) 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; pro- vided, 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 amounts 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 particular 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 assign- ment or transfer by operation of law, or otherwise, in whole or in part of the compensation shall be bin,iing upon Grantee until Grantee or its successors 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. Fur therrr:Ore, if it should be determined that Grantor owns less t".zn all of the rights to provide Grantee the easement right _:._ right of way conveyed herein, Grantee shall be entitled to accept such rights as are granted herein by Grants;., and prorate the compensation accruing to Grantor accorc' -= Subsurface Pass- Through Easement shall be and be- come •effe.Ztive from and after the date that Grantor executes the same; or January 26, 1981, whichever is later. Grzni= hereby agrees to make no claims in eminent domain. ,=inst Grantee relating to the herein- described land, _..eluding without limitation any claims for fees, costs; ac- orneys' fees, abandonment. costs, interest, those claims :::,ion may arise out of Grantee's immediate pos- session of Grantor's real property and any claims pursu- SUBSURFACE PASS - THROUGH EASEMENT (F) Page 3 • • BK 14020 PG 1 570 ant to California Code of Civil Procedure Sections 1036, 1263.410, 1263.420, 1268.610, 1268.620 and 1268.710. Gran- tor also agrees and consents to the dismissal of any emi- nent domain action in the Superior Court wherein Grantor's real property is included. 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. 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 Ease- ment has been executed this 19,_ day of 1981 1 A *0 , r;. N RUDLOFF Grantor ADD ESS OF GRP.NTOR TO WHICH COMPENSATION 1`'.. PA X_'.S ARE TO BE SENT: SUBSURFACE PASS-THROUGH EASEMENT (F), Page 4 PARCEL NO. F -31 LEGAL DESCRIPTION eK 14020 PG 157 1 Lot 5 in Block 59 of Ocean Front Tract, in the City of Newport Beach, as per map thereof recorded in Book 4, Page 12 of Miscel- laneous Maps, records of the County of Orange, State of California. EXHIBIT "A" 0 DEtCRIPTION • BK 14020 PG 1 572 Oxbow Oil Production Condern?.tion All those certain lands situated partly in the City of Newport Beach and partly in the unincorporated territory of the County of Orange,` State of California, more particularly described as follows:. PARCEL "F" Beginningat the intersectionof the northeasterly prolongation of the center- line of 61s' 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 Cffice of the Cow-it� Recorder of said County with the north - easteilly bo:_n.dary line of said 'Ocean Front Tract ", said point of begin- ning being a cint in the boundary line of the land described in the parcel entitled EX iIBIT 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 35 007'35" Eas's, 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 lire 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 °24'57" East, 901. 10 feet to an intersection with the Newport Beach City Boundary as shown on a map filed in Book 68, 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' Wes`., 244.09 feet to an angle Foint therein.; thence continuing along said city boundary South 4 °31'33' East, 439.'05 feet to an arzgle point therein;thence continuing along said city boundary and the southeasterly prolongation thereof South 20°11'42" East, 376.59 feet to the northwesterly terminus of the 'course shown as "North 60 °26'28" West 576.24 feet" and entitled "North Line of 14ear. High Tide, Rec. 9/.:1/28, 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, recn ds of said County; said point being South 830 17115" East as measured along said Southerly line 115.62 feet from its intersection wi'.h the centerline running North and South through Section Twenty -nine, Township S_: South, Range Ten West, S. B. M. ; thence along said course Sou:h 60 °29'13" East, 468.00 feet; thence South 11000'12" West, 396.95 feet to the intersection of the southwesterly prolongation of the South - eas:erly line oC Lot.5 in Block 54 of said 'Ocean Front Tract, Newport Beach" wit the centerline of Ocean Front (formerly Ocean Avenue) as said s'. ^=c; is shown on said map of the "Ocean Front Tract "; thence South l"0v`i2" West, 248.30 feet, more or less, to an intersec:ion with the ordina: j iJ—c watermark of the Pacific Ocean; thence along said ordinary low water ..._ -'. No.-:h 580 -;PO ". West, 1010. 89 feet to an intersection EXHIBIT "B" - Page 1 • • eK 14020 P6 1 573 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 59010'05" 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 nort..heasterly prolongation thereof and the centerline of said 61st Street and the northeasterly prolongation thereof North 33 °29145" East, 376.20 feet, more or less, to the point of-beginning. CONTAINING 23.404 Acres, more or less EXHIBIT "B" - Page 2 BK 1 4020 Po 1574 pp Vim. -� „1.r., 1 '•1 1 ml - -'s•l � � 3 p `•i\� :IV.�'� -I��i MI 4;•' .s\� � � low � - '.' 8 =a .,," air!• '�`, �r \py� • �,,� I = ��I i� � M Lf �R� o s n _ w+ iIK s !' U ca Vj UJI J •�n i � .. 1 l� �a�� s {I !sin ua.sassl. /i �m pia W ; o EXHIBIT "C" i SBK 1 4020 PG 1 575 STATE OF CALIFORNIA 1 ss. COUNTY OF.o,,.••,.., ) On before me, the undersigned, a No- tary Public in and for said State, personally appeared Loralynn Ann Rudloff known to me to be the person whose name is subscribed to the within Instrument, known to me to be the person who executed the within Instrument, and ac- knowledged to me that she executed the within Instrument. WITNESS my hand and official/ seal. $ 1NlLLtAAA J Gt��i _ Notary Public NOTARY PUBLIC s+^' PRINCIPAL OFFICE K, IN SAN DIEGO COUNTY d My Comnisston Erp. Nov. 1"5.1932 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 NEWPORT 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 May 13, 1968 , and the Grantee consents to recordation thereof by its duly authorized officer or agent. _r,IN WITNESS WHEREOF, I have hereunto set my hand this day of SUBSURFACE PASS - THROUGH EASEMENT (F), Page 5 Rei%GC'DINA REQUESTED BY WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH Newport Boulevard N8w ort Beach, California Yv TAX STATEMENTS T0: 17586 92663 EXEMPT C2 CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 BK 14020 P6 1576 JK /MM 12/8/80 Parcel F - -42_ RCU! t IN OFFICIAL RECORDS of OR'e �.�i COUNTY, CAUFORRIA - 11!SAM APR 15'81 LEE A. BRAFSCH, County Retarder 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 De. arant or Agent determini � tax - - Firm Name SUBSURFACE 'ASS - THROUGH EASEMENT FOR VALUABLE CONSIDERATION; receipt of which is hereby acknowledged, WALTER R. GAYNER AND MARILYN L. GAYNER, husband and wife hereby G'2S T(S) and conveys to the CITY OF NEWPORT BEACH, a Mull: cipal corporation, and its successors and assigns', a pe r'etual easement and right of way to drill, test, com- pleta equip, maintain, repair, clear, redrill, deepen, oner_Ce, produce, dismantle (remove casing and other equip- mer._ °___m), plug and abandon under and through the subsur- face of that certain real property hereinafter described in whit- Grantor has reserved the right to control subsurface pass - :Lough easements ( "Grantor's real property" herein) at a dc= to not less than Four Hundred (400) feet measured ver- tica ='z below t e surface thereof, a well or wells for the purmoSe of exploring for and /or producing oil, gas and /or othe- nydrocarbon substances; the easement and right of way granted herein shall lie under that certain parcel of real prep =r`y situated in the City of Newport Beach, County of Ora-c" State of California, and more particularly described in ?bit "A" to this Deed and such description by this re- fer=n =e is made a part hereof as though set forth at length. SUBSURFACE PASS- THROUGH EASEMENT (F), Page 1 • 0 Bx 1 4020 PG 1 577 The rights granted. herein to Grantee are for the pur- pose of drilling for,. producing, extracting, taking, and removing oil, gas and other hydrocarbon substances by means of slant holes or wells drilled through and beneath the lands described 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; pro- vided, however, that the provisions of this instrument shall not entitle the Grantee, in any of its operations hereunder, to use any part of the Grantor's real property between the surface of the lands described in Exhibit "A" attached here- to and the depth above - specified, or to bottom any well within the boundaries of the Grantor's real property. A plat showing 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 in- s?,all materials of good quality and condition, and all wells shall be drilled and maintained by Grantee in the best work- manlike manner and in accordance with good oil field prac- tice, and all water sands encountered therein shall be, ef- fectively and in a proper manner, plugged off; all drilling and other operations 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 property of Grantor; and Grantee shall take all rea- sonably necessary precautions to prevent the discharge or escape of mud, oil, debris or other matter onto the beach or adjoining property 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 granted hereunder: shall pay to Grantor a 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 bottomed beyond the outer boundaries described in Exhibit "3," as the square footage of Grantor's real prop- erty, as described in Exhibit "A ", bears to the total square footage of the lands lying within the outer boundaries of Exhibit "3," excluding public streets and highways owned in Lee si:-ple by the City of Newport Beach and also any lands owned in fee si:miple by the City of Newport Beach, and fur- ther _,eluding streets and lands lying within the former Pacific electric Railway Company right of way; provided, however. that Grantor shall not be entitled to any compen- saticn Dazed upon oil lost through evaporation, leakage, or other'Ai - =el . or upon gas used, conswmed or lost in extraction of , =_oi.ce, or upon any oil or gas used in connection with anv well drilled or operated hereunder, or upon any gas whit.-, is used for repressuring any oil bearing formation in an a_tempt to further production from any such well or wells: nor shall Grantee be obligated hereunder to save any gas, a_:_ept as there is a reasonable market and value for the same. :-rantee shall be entitled to deduct from the compen- sation eereunder the Grantor's proportionate share of any SUBSURFACE PASS - THROUGH EASEMENT (F), Page 2 0 BK 1402O P-0 1578 mineral 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, 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 sentence shall be deemed to be the actual cost thereof, but not to exceed ten cents ($0.10) 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; pro- vided, 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 amounts 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 particular 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 assign- ment 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 successors and assigns have been furnished with written evidence thereof sati:factory to Grantee. Grantor hereby agrees that should it be determined that Grantor does not own the rights granted herein, Grantee's obligati -n to pay the consideration provided for hereunder shall teYminate, and Grantee shall be entitled to recover the amounts of compensation previously paid to Grantor. Furti:er'.:re, if it should be determined that Grantor owns less aa:? all of the rights to provide Grantee the easement right right of way conveyed herein, Grantee shall be entitle^ to accept such rights as are granted herein by Grantor; and prorate the compensation accruing to Grantor a C.C::r�i -;ice ✓. T`,i=. Subsurface Pass - Through Easement shall be and be- core e?f-i =ive from and after the date that Grantor executes the sa-_, or January 20, 1981, whichever is later. Cr _-.-.tor hereby agrees to make no claims in eminent domai >inst Grantee relating to the herein- described land, _...iuding without limitation any claims for fees, costs, a_torneys' fees, abandonment costs, interest, those claims which may arise out of Grantee's immediate pos- session of Grantor's real property and any claims pursu- SUBSURFACE PASS - THROUGH EASEMENT (F), Page 3 0 0 BK 14020 PG 1579 ant to California Code, of Civil Procedure Sections 1036, 1263.410, 1263.420, 1268.610, 1268.620 and 1268.710. Gran- tor also agrees and consents to the dismissal of any emi- nent domain action in the Superior Court wherein Grantor's real property is included. 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. 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 Pa� -Th ugh Ease - ment has been executed this Z day of j z g , 1981. /MARILYN L/ GAYNER Grantor ADI)P.-E-55 OF GRANTOR TO k il_._ MPENISATiON' PAYXE TN ARE TO BE SENT: SUBSURFACE PASS- THROUGH EASEMENT (F), Page 4 0 STATE OF CALIFORNIA ss. COUNTY OF ORANGE 0 BK 14020 PG 1 580 On February 26 , 19 81, before me, the under- signed, a Notary Public in and for said State personally ap- peared WALTER R. GAYNER AND MA'tILYN L. GAYNER, husband and wife known to me to be the person(s) whose name(s) are subscribed to the within instrument, and acknowledged that they exe- cuted the sai„e. IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of March , 1981 . uli1, ., ,L SEAL Cw.ry My Ccnlmi „inn EF!Jila: Oc;c�cr 9, 19;1 § uu i..,.uu iyn ...v �. n.. i. �.•., omit •.iw:.:.nvrvmnnani9r:IgtA4en. �9uA• !$lot ry Public in and for said County and State 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 NEWPORT BEA_CH 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 May 13, 1968 and the Grantee consents to recordation thereof by its duly authorized officer or agent. WITNESS WHEREOF, I have hereunto set my hand this dav of 19X/. SUBSURFACE PASS- THROUGH EASEMENT (F), Page 5 6� PARCEL No. F -32 LEGAL DESCRIPTION 0 BK 14020 PG 158 1 Lot 6 of Block 59 of Ocean Front Tract, as shown on a Map recorded in Book 4, Page 12 of Miscellaneous Maps, records of the County of Orange, State of California. EXHIBIT "A" 10 BK 1402OP6 1582 DESCRIPTION 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 Orange,' State of California, more particularly described as follows:. PARCEL "F ": Beginningat theintersectionof 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 Maas in the Office of the County Recorder of said County with the north - easte?ly boundary line of said 'Ocean Front Tract ", said point of begin- ning being a point in the boundary line of the lan,.:: described in the par ^el entitled "=1i1.-=!T_ II TO SUBSURFACE EASEMENT" recorded in Beek 2627, Page 86 of Official Records of said County; thence along said last mentioned boundary line through the following courses: North 35007135" East, 120.05 feet to the intersection of the southwesterly prolongation of the centerline: of 61st Street as shown on a man of "River. Section, Newport Beach" recorded in Book 4, Page 2.5 of said Miscellaneous Mans 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 34024157" 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 35 of Records of Surreys in the Office of the County Recorder of 'said County; thence along said city boundary South 1 °38'30' 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 bounda ^r and the southeasterly prolongation thereof South 20° 11142" East, 370. 59 feet to the northwesterly terminus of the 'course sho;.n. as "North 600 26'28" West 576_ 24 feet" and entitled "North Line of `,lean high Tide, Rec. 9119/28, Bk. 201 -253, OR, Ora. Co. Sup. Court Case No. 23686" on a man filed in Book 27, Page 47 of said Records of Su:r=_ys, which point is in the Southerly line of the 80 foot California Sta.e 'riighwav as described in a deed recorded in Book 508, Page 65 of Deeds, reco;--.is of said County, said point being South 83 °17'15" East as measured along said Scutherly line 115.62 feet from its intersection with the centerline running North and South through Section Twenty -nine, Township 5a� Scum, Range Ten West, S. B. M.; thence along said course South 60=2c`i�" East, 463.00 feet; thence South 11 000'12" West, 396.95 Sect to the in.c-...ecticn or the southwesterly prolongation of the South- caste r-lY line c Lot.5 in clock 54 of said {'Ocean Front Tract, Newport Beach •.vi;h tt:e centerline of Ocean Front (formerly Ocean Avenue) as said is shown o:, said map of the "Ocean Front Tract" thence Sou:l•: li :Vest, 243.30 feet, more or less, to an intersection with the ordiaa '� :: rater ar.: 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 0 BK 14020 PG 1583 with the southwesterly prolongation of the northwesterly line of Block A -58 as shown on said -,zap of the ' Ocean Front Tract "; thence continuing along said ordinarf 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 north•.jesterly 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 oc beginning. CONTAIN'I \TG 23.404 Acres, more* or less .41. EXHIBIT "B" - Page 2 BK 1 4020 PG 1 584 • i y� pVv v�y CI � ol• '�V�i a �i i �d i � �e�� � IO <II �F I•I � �• Y 4 ♦ j J =\ �'• e� Lim I� z ZZ � r ie, a .a 8 � s• I. < c cri 6 F X o H L ��11 I, .� i3i ,;L�J�- LI�o , �y r l \\ f, 1 r _ IF Lu \\ 1 Y6 ;\ •� o, O m °si yy �uj Z. 41�ni EXHIBIT "C" • 4607 WHEN RECORDED MAIL T0: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 City Clerk Deed No. lS d3 MAIL TAX STATEMENTS TO: E B 13637P^U 1335 JK /MM 12/8/$0 Parcel F -35 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY. CALIFORNIA EXEMPT -llss A.M. FEB 4'81 C5 LEE A BRANCH, County Recorder DOCUMENTARY TRANSFER TAX CITY OF NEWPORT BEACH 3300 Newport Boulevard Computed on the con - Newport Beach, California 92663 sideration or value of property conveyed. Computed on the con- e sideration or value less liens or encumbrances re r` tF"\VF91K \ maining at time of sale. rte FEg� gF )J Signature of Declarant or �yppF Agent determining tax Firm Name i SUBSURFACE PASS- THROUGH EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, KENNETH F. VOGT AND MYRNA J. VOGT, husband and wife, as joint tenants hereby GRANT(S) and conveys to the CITY OF NEWPORT BEACH, a municipal corporation, and its successors and assigns, a perpetual easement and right of way to drill, test, com- plete, equip, maintain, repair, clear, redrill, deepen, operate, produce, dismantle (remove casing and other equip- ment from), plug and abandon under and through the subsur- face 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 ver- tically below the surface thereof, a well or wells for the purpose of exploring for and /or producing oil, gas and /or other hydrocarbon 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 re- ference is made a part hereof as though set forth at length. SUBSURFACE PASS - THROUGH EASEMENT (F), Page 1 • 0 8 13937 PO 1336 The rights granted herein to Grantee are for the pur- pose of drilling for, producing, extracting, taking, and removing oil, gas and other hydrocarbon substances by means of slant holes or wells drilled through and beneath the lands described 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; pro- vided, however, that the provisions of this instrument shall not entitle the Grantee, in any of its operations hereunder, to use any part of the Grantor's real property between the surface of the lands described in Exhibit "A" attached here- to and the depth above - specified, or to bottom any well within the boundaries of the Grantor's real property. A plat showing 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 in- stall materials of good quality and condition, and all wells shall be drilled and maintained by Grantee in the best work- manlike manner and in accordance with good oil field prac- tice, and all water sands encountered therein shall be, ef- fectively and in a proper manner, plugged off; all drilling and other operations 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 property of Grantor; and Grantee shall take all rea- sonably necessary precautions to prevent the discharge or escape of mud, oil, debris or other matter onto the beach or adjoining property 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 granted hereunder, shall pay to Grantor a sum equal to such proportionate share of three and two hundred seventy -five thousandths percent (3.2758) 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 bottomed beyond the outer boundaries described in Exhibit "B," as the square footage of Grantor's real prop- erty, as described 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 fur- ther. 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 compen- sation based upon oil lost through evaporation, leakage, or otherwise, or upon gas used, consumed or host 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 repressuring any oil bearing formation in an attempt to further production from any such well or wells; nor shall Grantee be obligated hereunder to save any gas, except as there is a reasonable market and value for the same. Grantee shall be entitled to deduct from the compen- sation hereunder the Grantor's proportionate share of any SUBSURFACE PASS - THROUGH EASEMENT (F), Page 2 0 0 sx I3037Ps 13371 mineral 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, 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 sentence shall be deemed to be the actual cost thereof, but not to exceed ten cents ($0.10) 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; pro- vided, 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 amounts 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 particular 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 assign- ment 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 successors 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. Furthermore, 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 prorate the compensation accruing to Grantor accordingly. This Subsurface Pass - Through Easement shall be and be- come effective from and after the date that Grantor executes the same, or January 26, 1981, whichever is later.. Grantor hereby agrees to make no claims in eminent domain against Grantee relating to the herein - described land, including without limitation any claims for fees, costs, attorneys' fees, abandonment costs, interest, those claims which may arise out of Grantee's immediate pos- session of Grantor's real property and any claims pursu- SUBSURFACE PASS - THROUGH EASEMENT (F), Page 3 ax 1 93, 7 1838 ant to California Code of Civil Procedure Sections 1036, 1263.410, 1263.420, 1268.610, 1268.620 and 1268.710. Gran- tor also agrees and consents to the dismissal of any emi- nent domain action in the Superior Court wherein Grantor's real property is included. 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. 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 Subsurfac ass - Through Ease- ment has been executed this day of 1981 /ov KEANETH F. VOGT MYR14AJ J. Vdk.T Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: /l T //0 G -% SUBSURFACE PASS - THROUGH EASEMENT (F), Page 4 B t 3J37Po 133J PARCEL No. F -35 LEGAL DESCRIPTION Lot 3 in Block 60 of the Ocean Front Tract as per map recorded in Book 4, Page 12 of Miscellaneous Maps, records of the County of Orange, State of California. EXHIBIT "A" B h ���J/ �u ;840 DESCRIPTION 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 Orange, State of California. Wore particularly described as follows:. PARCEL "F ": Beginningat the intersectionof 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 - easteF'iy 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 mao 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 line of the Southern Pacific Railroad: thence along said southwesterly prolongation. said 'centerline and the northeasterly prolongation thereof North 34 °24'57" 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 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 11'42" 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. 23636" 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 83-17115" 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 Sbc South. Range Ten West. S. B. M:: thence along said course South 60028'13" 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" 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 °49105'*. West. 1010.89 feet to an intersection EXHIBIT "B" - Page 1 0 0 B„ 13 931 7Pc It US 4 i 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 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 33 °29'45" East, 376.20 feet, more or less, to the point of beginning. CONTAINING 23.404 Acres, more or less t+. EXHIBIT °B" - Page 2 i IR T � LY •i R• lam`: y = lz �_ R 3y OI e _ Y'O eye 3 �ey W '5 as L�cj lz 6 a.p.i I �� W .Su T.. 81 • oil`'^,^ � -ice ♦'\ � •.y.+ . ♦ C�\ \aj? c M .:can ui.tLtta .n O < ��cC .a .Ti �• a I 14, Ix ^ iii LU LL mx a o:O T Np � ti. ,� s •l. }sa s i:Woa EXHIBIT "C" STATE OF CALIFORNIA ss. COUNTY OF ORANGE '? n r 1 0 BK 1 „ / r L, I U •} .i On 3 , 19&, before me, the under- signed, Notary Public in and for said State personally ap- peared KENNETH F. VOGT AND MYRNA J. VOGT, husband and wife known to me to be the person(s) whose name(s) are subscribed to the within instrument, and acknowledged that they exe- cuted the same. IN WITNESS EREOF, I have hereunto set my hand this d 3 day of 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 NEWPORT 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 May 13, 1968 , and the Grantee consents to recordation thereof by its duly authorized officer or agent. t� IN WITNESS WHEREOF, I have hereunto set my hand this r - day of 7•z iu'1+. ' _, L9 qi. SUBSURFACE PASS - THROUGH EASEMENT (F), Page 5 WILLIAM J. GLUM Notary lic in and for said a NOTARY PUBLIC PRINCIPAL OFFICE County and State IN SAN DIEGO COUNT' }. MY Commission EXP. : Nov. 15,1982 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 NEWPORT 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 May 13, 1968 , and the Grantee consents to recordation thereof by its duly authorized officer or agent. t� IN WITNESS WHEREOF, I have hereunto set my hand this r - day of 7•z iu'1+. ' _, L9 qi. SUBSURFACE PASS - THROUGH EASEMENT (F), Page 5 • WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California City Clerk Deed No. /,S-0,4,Z- MAIL TAX STATEMENTS TO: 4606 92663 CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 006 EE cm ems' EXE,'OY7 C5 BK 1.',937F- 1 u26 JK /MM 12 /8 /80 Parcel F- 36 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY. CALIFORNIA -1135 A.M. FEB 4'81 LEE A. BRANCH, County Recorder 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, NELLO C. DI CORPO AND EMILIA G. DI CORPO, husband and wife as joint tenants hereby GRANT(S) and conveys to the CITY OF NEWPORT BEACH, a municipal corporation, and its successors and assigns, a perpetual easement and right of way to drill, test, com- plete, equip, maintain, repair, clear, redrill, deepen, operate, produce, dismantle (remove casing and other equip- ment from), plug and abandon under and through the subsur- face 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 ver- tically below the surface thereof, a well or wells for the purpose of exploring for and /or producing oil, gas and /or other hydrocarbon 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 re- ference is made a part hereof as though set forth at length. SUBSURFACE PASS- THROUGH EASEMENT (F), Page 1 7 BK 13937F 0 1327 The rights granted herein to Grantee are for the pur- pose of drilling for, producing, extracting, taking, and removing oil, gas and other hydrocarbon substances by means of slant holes or wells drilled through and beneath the lands described 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; pro- vided, however, that the provisions of this instrument shall not entitle the Grantee, in any of its operations hereunder, to use any part of the Grantor's real property between the surface of the lands described in Exhibit "A" attached here- to and the depth above- specified, or to bottom any well within the boundaries of the Grantor's real property. A plat showing 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 in- stall materials of good quality and condition, and all wells shall be drilled and maintained by Grantee in the best work- manlike manner and in accordance with good oil field prac- tice, and all water sands encountered therein shall be, ef- fectively and in a proper manner, plugged off; all drilling and other operations 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 property of Grantor; and Grantee shall take all rea- sonably necessary precautions to prevent the discharge or escape of mud, oil, debris or other matter onto the beach or adjoining property 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 granted hereunder, shall pay to Grantor a 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 bottomed beyond the outer boundaries described in Exhibit "B," as the square footage of Grantor's real prop- erty, as described 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 fur - ther 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 compen- sation 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 repressuring any oil bearing formation in an attempt to further production from any such well or wells; nor shall Grantee be obligated hereunder to save any gas, except as there is a reasonable market and value for the same. Grantee shall be entitled to deduct from the compen- sation hereunder the Grantor's proportionate share of any SUBSURFACE PASS- THROUGH EASEMENT (F), Page 2 BK 13037P0 1 So 23 mineral 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, 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 sentence shall be deemed to be the actual cost thereof, but not to exceed ten cents ($0.10) 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; pro- vided, 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 amounts 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 particular 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 assign - ment 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 successors 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. Furthermore, 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 prorate the compensation accruing to Grantor accordingly. This Subsurface Pass - Through Easement shall be and be- come effective from and after the date that Grantor executes the same, or January 26, 1981, whichever is later. Grantor hereby agrees to make no claims in eminent domain against Grantee relating to the herein- described land, including without limitation any claims for fees, costs, attorneys' fees, abandonment costs, interest, those claims which may arise out of Grantee's immediate pos- session of Grantor's real property and any claims pursu- SUBSURFACE PASS - THROUGH EASEMENT (F), Page 3 • BK 130 v7fu 1vc2.s ant to California Code of Civil Procedure Sections 1036, 1263.410, 1263.420, 1268.610, 1268.620 and 1268.710. Gran- tor also agrees and consents to the dismissal of any emi- nent domain action in the Superior Court wherein Grantor's real property is included. 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. 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 Ease- ment has been executed this 21st day of January , 1981. J EMILIA G. DI CORPO Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: Mr. and Mrs. NP110 C.. Di Cnroo 8642 Cherokee Drive Downey, California 90241 SUBSURFACE PASS- THROUGH EASEMENT (F), Page 4 PARCEL No. F -36 LEGAL DESCRIPTION • B 13 10;37^^ , °3 Lot 4 of Block 60 of "Ocean Front Tract ", as shown on a map recorded in Book 4, Page 12, Miscellaneous Maps, in the office of the County Recorder of the County of Orange, State of California. EXHIBIT "A" B 13937/ PC 1 UO 3 1 DESCRIPTION Oxbow Oil Production Condermation All those certain lands situated partly in the City of Newport Beach and partly in the unincorporated territory of the County of Orange,` State of California, more particularly described as follows:. PARCEL "F ": Beginningat the intersectionof 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 Count 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 °07'35" East, 120.05 feet to the intersection of the southwesterly prolongation of the centerline of 61st Street as shown on a mao 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 line of the Southern Pacific Railroad; thence along said southwesterly prolongation, said 'centerline and the northeasterly prolongation thereof North 34 °24157" 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 Foint therein; thence continuing along said city boundary South 4 °31133' East, 439.65 feet to an angle point therein;thence continuing along said city boundary and the southeasterly prolongation thereof South 20° 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 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 Surveys, 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" Nest, 396.95 feet to the intersection of the southwesterl7 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" V9est. 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 °49105 ". West, 1010.89 feet to an intersection EXHIBIT "B" - Page 1 BK 13937rU 1832 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 20'05" 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 33° 29'4.5" East. 376. 20 feet, more o r less, to the point of beginning. CONTAINING 23.404 Acres, more or less ,y A. EXHIBIT "B" — Page 2 i I L , . ,Ox Y W 1s BPI 1 'O"-7P- 1333 1 Sa4�.y^1 w(0yl I I :i I `L zI Il CG Y YG(4sse V Q. Y w 4 'I Li y - Cv 3` l 9 sF� � • w� 8 N U p a^ w I I Li Fit L� _ + ♦ w' as sG.na ' I r F Z. vt �Y a a �4! V w I _ z O O r v � �O J2 jW O 2 Y2 im 20 n� uo <> o, X Vo a �Oo wo EXHIBIT "C" CG Y YG(4sse o 43, �a W >i °1 2:- y o p': ~im W. : vas a.W a W =O; \IFT2 STATE OF CALIFORNIA ) Los Angeles ) ss. COUNTY OF 0J/1�0r., ) Cl BK 13037 Fu 1334 On January 21, , 1981, before me, the under- signed, a Notary Public in and for said State personally ap- peared NELLO C. DI CORPO AND EMILIA G. DI CORPO known to me to be the person(s) whose name(s) are subscribed to the within instrument, and acknowledged that they exe- cuted the same. IN WITNESS WHEREOF, I have hereunto set my hand this 21st day of January , 1981. EP14ci:_ H E h. C�SONo � c Cvtifcmip FRS l'�� OFFICE ,v Notary Public in and for said Lr., ...�.:...; =5 rnur�7v n [xp;:es March 28, 1981 County and State 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 NEWPORT 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 May 13, 1968 , and the Grantee consents to recordation thereof by its duly authorized officer or agent. IN WITNESS WHEREOF, I have hereunto set my hand this day of SUBSURFACE PASS - THROUGH EASEMENT (F), Page 5 i • REcoRoi 1 `wv tED gY WHEN RECORDED CITY 17587 MAIL TO: RT BEACH Boulevard California 1 1'C"y Cierk ed Clt° 0F rri 1 /T 0W - lPr%_21 ATEMENTS TO: CITY OF NEWPORT BEACH 92663 E!C'2:] E 3300 Newport Boulevard N3 wport Beach, California 92663 BK 1 4020 Pu 1 585 JK /MM 12/8/80 Parcel F- 37 }tECORDED IN OFFICIAE RE008DS Of ORANSE COUATY. CAEIFO NIA -11 M APB APR 15 '81 LEE A. BRAM. County Recorda DOCUMENTARY TRANSFER TAX S .Computed on '.:.::e 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, JOHN OMAR NEWMUd4 AND FRAN M. NEWMAN, husband and wife as joint tenants as owners of an undivided one -half interest; and FREDERT.CK N. CHELF AND ELIZABETH S. CHELF, husband and wife as joint tenants as owners of an undivided one -half interest hereby GRANT(S) and conveys to the CITY OF NEWPORT BEACH, a munici`aAl corporation, and its successors and assigns, a per^.=_tc.a easement and right of way to drill, test, com- plet_, equip, maintain, repair, clear, redrill, deepen, operate, produce, dismantle (remove casing and other equip - Mant from), plug and abandon under and through the subsur- face of that certain real property hereinafter described in whl:-_. Grantor has r,2served ch? right tG control subsurface pass-through easements ( "Grantor's real property" herein) at a d=ot:^ not less than Four Hundred (400) feet measured ver- ticai below the surface thereof, a well or wells for th- purpc_s�_ of exploring for and /or producing oil, gas and /, other `::rocarbon substances; the easement and right of w,..: grantef ^.erein 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 re- ference is made a part hereof as though set forth at length. SUBSURFACE PASS - THROUGH EASEMENT (F), Page • BK 14020 PG 1586 The rights granted herein to Grantee are for the pur- pose of drilling fox, producing, extracting, taking, and removing oil, gas and other hydrocarbon substances by means of slant holes or wells drilled through and beneath the lands described 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; pro- vided, however, that the provisions of this instrument shall not entitle the Grantee, in any of its operations hereunder, to use any part of the Grantor's real property between the surface of the lands described in Exhibit "A" attached here- to and the depth above - specified, or to bottom any well within the boundaries of the Grantor's real property. A plat showing 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 in- stall materials of good quality and condition, and all wells shall be drilled and maintained by Grantee in the best work - manlike manner and in accordance with good oil field prac- tice, and all water sands encountered therein 'shall be, ef- fectively and in a proper manner, plugged off; all drilling and other operations 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 property of Grantor; and Grantee shall take all rea- sonably necessary precautions to prevent the discharge or escape of mud, oil, debris or other matter onto the beach or adjoining property 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 grantee hereunder, shall pay to Grantor a sum equal to such proportionate share of three and two hundred seventy -five thousandths percent (3.2753) of the market value of all oil, aas 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" heretc and bottored beyond the outer boundaries described in Exhibit "3," as the square footage of Grantor's real prop- erty, as descri'ed in Exhibit "A ", bears to the total square fOOt'a ^_e of t'ne lands lying within the outer boundaries of Exhibit "B," excluding public streets and highways owned in fee sizs__ by the City of Newport Beach and also any lands owned fee simple by the City of Newport Beach, and fur- ther exc_'udipg streets and lands lying within the former Paci -i7 Electric Railway Company right of way; provided, hcwe•.er, that Grantor shall not be entitled to any compen- sation 'cased upon oil lost through evaporation, leakage, or other--­.'se, or upon gas used, consumed or lost in extraction of gasciie, or upon any oil or gas used in connection with any ws °' drilled or operated hereunder, or upon any gas which Is used for repressuring any oil bearing formation in an attem-pt to further production from any such well or wells; nc r shall Grantee be obligated hereunder to save any gas, e-cept as there is a reasonable market and value for the sane. Grantee shall be entitled to deduct from the compen- sation hereunder the Grantor's proportionate share of any SUBSURFACE. PASS- THROUGH EASEMENT (F), Page 2 sK 14020 PG 1587 mineral 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, 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 sentence shall be deemed to be the actual cost thereof, but not to exceed ten cents ($0.10) 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; pro- vided, 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 amounts 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 particular 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 assign- ment 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 successors and assigns have been furnished with written evidence thereof satisfactory to Grantee. Grantor hereby agrees that should it be determined that Grantor .:oes 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. Furthermore, if it should be determined that Grantor owns less t:;an all of the rights to provide Grantee the easement right and right of way conveyed herein, Grantee shall be entitle; to accept such rights as are granted herein by Grantor, and prorate the compensation accruing to Grantor accordiagi This Subsurface Pass- Through Easement shall be and be- come ef'fsctive from and after the date that Grantor executes the same, or January 26, 1981, whichever is later. Grantor hereby agrees to make no claim; in eminent domain against Grantee relating to the herein - described land, including without limitation any claims for fees, costs, attorneys' fees, ihandonmont coc;tr, inL!,rest, the? ;e claims which may arise out of Grantee's :immediate pos- session of Grantor's real property and any claims pursu- SUBSURFACE PASS - THROUGH EASEMENT (F), Page 3 BK 1 4020 PG 1 588 V ant to California Code of Civil Procedure Sections 1036,. 1263.410, 1263.420, 1268.610, 1268.620 and 1268.710. Gran- tor also agrees and consents to the dismissal of any emi- nent domain action in the Superior Court wherein Grantor's real property is included. 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. 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 Ease- ment has been executed this day of =p.F(? its' 1, 1981. FREDERICK N. CHELF ELIZ6bETH S. CHELF '1 Grantor r FRAN N. NEWMAN ADDRESS " GRANTOR TO WHICH C- ''-ENSATION PAYMENTS ARE TO BE SENT: I SUBSURFACE PASS — THROUGH EASEMENT (F), Page 4 BK 14020 Ps 1 589 PARCEL NO. F -37 LEGAL DESCRIPTION Lot 5, Block 60, Ocean Front Tract, City of Newport Beach, County of Orange, State of California. EXHIBIT "A" DESCRIPTION Oxbow Oil Production Condemnation All those 'certain lands situated partly in the City of Newport Beach and partly in the unincorporatzd territory of the County of Orange,' State or California, more particularly described as follows:.' PARCEL "F ': Beginningat the intersection of the northeaste rly prolongation of the cente r- 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 - easte>sly 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 35 007'35" East, 120.05 feet to the intersection of the southwesterly prolongation of the centerline of 61st Street as shown on a man of "River Section, Ne:veort 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 line of the Southern Pacific Railroad; thence along said southwesterly prolongation, said ' centerlinc and the northeasterly prolongation thereof North 34 °24157" 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 continuin along said city boundary South 4 "31'33' g East, 439.65 feet to an angle point therein:thence continuing along said ctt_y boundary and the southeasterly prolongation thereof South 20 °11'42" 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 cf Mean High Tide, Rec. 9/19/28, Bk. 201 -253, OR, Ora. Co. Sup. Court Case No. 23636" on a map filed in Boos 27, Page 47 of said Records of Surveys, 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, reccrds of said County; said point being South 83° 1 7' 15" East as measured along said Southerly line 115.62 feet from its intersection with the cen;c__r`nc running North and South ti .-ough Section Twenty -nine, Township Six South, Range Ten West. S. B. M.: thence along said course South 60° 25' 1 3" East. 468.00 feet: thence South 11'00 , 12" West. 396.95 feet to the i-m.e rsection of the southwestc rl7 prolongation of the South- easterly lire cS Lot. S in Block 54 of said 'Ocean Front Tract, Newport Beach" wiih the centerline of Ocean Front (formerly Ocean Avenue) as said str° ^t is shown on said map of the "Ocean Front Tract ": thence South I1 °00':2'" West, 248.30 feet. more or less. to an intersection with the ordinar; 1 vaterrnark of the Pacific Ocean; thence along said ordinary low water ... -% North 58 049105 ". West, 1010.89 feet to an intersection EXHIBIT "B" - Page 1 i .BK 14020 p6 159 1 with the southwes:erly 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 59030105" 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 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 a j✓ s V T � 41" �I ~,C•IIi� I i i 0 0 I I I II (L'J'L__! WE I I rn j e1 I f J a yl i i> It LL s •. � Z EXHIBIT "C" STATE OF CALIFORNIA ) ( COUNTY OF Orange } SS. On February 23, 1981 ) ll John Dinar Necrnan and Fran BK 1 4020 P6 1 594 undersigned, a Notary Public in and for said State, personally appeared —known to me to be the person(s) whose name(s) subscribed to the within Instrument and acknowledged that . they executed the same. jt7tt ?IAN Y RMNS (Seal) 4i.. �3".,.) NOW" PUBLIC CA6I-_C': A f j�n PRi.NCIPAL OFFICE sjf < ORANGE COUNTY 2 My CCImm"Wn Expires Jc'y 23. 1934 023200 !- 2 PS^ ntl rviTual Notarial Acknowletlo A ( taryPublic's Signature) Notary PujxTic in and for said Coufity and State 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 NE;1POR7 'E'EACH is hereby accepted by the undersigned officer or agent on behalf of the City Council of such City pursuant to autlorivy conferred by an adopted resolution by the City Council d.�tad May 13, 1968 , and the Grantee consents to reccrdation thereof by its duly authorized officer or agent. IN WITNESS WHERgOF, I have hereunto set my hand this /.� day of SUBSURFACE PASS - THROUGH EASEMENT (F), Page 5 • eK 14020 P6 1 595 17588 JK /MM 12/8/80 Eta ( vq Parr.P l F- 38 R�QUt WHEN RECORDED MAIL TO: CJTY°�WPORT BEACH RECORDED IN OFFICIAL RECORDS 330.O�ifewpc Boulevard OF ORANGE CCLIM.CALIFORNIA Newgrt� B4a:c, , California 92663 -11!5 AM APR 15 '81 City Clark EXEAIPT 3 �y� Deed C2 LEE A. BRA ISH. County Recorder V No. �v MA STATEMENTS TO: DOCUMENTARY TRANSFER TAX ?' CITY OF NEWPORT BEACH 3300 Newport Boulevard Computed on the con— Newport Beach, California 92663 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, TKANDA R. PEGRAM, A WIDOW herebv GRANT(S) and conveys to the CITY OF NEWPORT BEACH, a municipal corporation, and its successors and assigns, a perpetual easement and right of way to drill, test, com- plete, equip, maintain, repair, clear, redrill, deepen, operate, produce, dismantle (remove casing and other equip- ment `ro:n), plug and abandon under and through the subsur- face cf that certain real property hereinafter described in which Grantor has reserved the right to control subsurface pass -thr -ugh easements ( "Grantor's real property" herein) at a death not less than Four Hundred (400) feet measured ver- ticall-: below the surface thereof, a well or wells for the purpose of exploring for and /or producing oil, gas and /or other fttdrecarbon substances; the easement and right of way grant =_ .-_` i-erein shall lie under that certain parcel of real prope_t_ situated in the City of Newport Beach, County of Oranca.. State of California, and more particularly described in E :,_bzt "A" to this Deed and such description by this re ference is made a part hereof as though set forth at length. SUBSURFACE PASS — THROUGH EASEMENT (F), Page 1 • BK 14020 PG 1596 The rights granted herein to Grantee are for the pur- pose of drilling for, producing, extracting, taking, and removing oil, gas and other hydrocarbon substances by means of slant holes or wells drilled through and beneath the lands described 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; pro- vided, however, that the provisions of this instrument shall not entitle the Grantee, in any of its operations hereunder, to use any part of the Grantor's real property between tr. surface of the lands described in Exhibit "A" attached here- to and the depth above- specified, or to bottom any well within the boundaries of the Grantor's real property. A plat showing the area affected by such easement is attached hereto as Exhibit "C." This arrant is made on the conditi,.:-i that Grantee, in its drilling and production operations, shall use and in- stall materials of good quality and condition, and all wells shall be drilled and maintained by Grantee in the best work- manlike manner and in accordance with good oil field prac- tice, and all water sands encountered therein shall be, ef- fectively and in a proper manner, plugged off; all drilling and other operations 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 property of Grantor; and Grantee shall take all rea- sonably necessary precautions to prevent the discharge or escape of mud, oil, debris or other matter onto the beach or adjoining property or into the waters of the Pacific Ocean. Grantor further makes this grant on condition that Grantee, as compensation for the easement and ::.ight of way granted hereunder, shall pay to Grantor a 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 bottomed beyond the outer boundaries described in Exhibit "B," as the square footage of Grantor's real prop- erty, as described in Exhibit "A ", bears to the total square footage of the lands lying within the outer boundaries of Exhivi°_ "n," excluding public streets and highways owned in fee si ,ple by the City of Newport Beach and also any lands owned i:: fee simple by the City of Newport Beach, and fur- ther >:c ^luding streets and lands lying within the former Pacific Electric Railway Company right of way; provided, however, that Grantor shall not be entitled to any compen- satic. 'orsed u_on oil lost through evaporation, leakage, or otherw_se, or upon gas used, consumed or lost in extraction of casolir.e, or upon any oil or gas used in connection with any -ell drilled or operated hereunder, or upon any gas which _S used for repressuring any oil bearing formation in an att,277,pt to Further production from any such well or wells; -or shall Grantee be obligated hereunder to save any gas, as there is a reasonable market and value for the .:rar.tee shall be entitled to deduct from the compen- satior. 'hereunder the Grantor's proportionate share of any SUBSURFACE PASS - THROUGH EASEMENT (F), Page 2 • 0 BK 1 4020 P6 1597 mineral 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, 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 sentence shall be deemed to be the actual cost thereof, but not to exceed ten cents ('$0.10) 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; pro- vided, 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 amounts 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 particular 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 assign- ment 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 successors 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 a =unts of compensation previously paid to Grantor. Furt_-e- a—ore, if it should be determined that Grantor owns less tZn all of the rights to provide Grantee the easement right =nd right of way conveyed herein, Grantee shall be entitle-n' to accept such rights as are granted herein by Gra ^tor, and prorate the compensation accruing to Grantor Thi:= Subsurface Pass- Through Easement shall be and be- come "_Zfective from and after the date that Grantor executes the sam.'e,. or January 26, 1981, whichever is later. r_ ^tor hereby agrees to make no claims in eminent domai' acainst Grantee relating to the herein - described land, -including without limitation any claims for fees, costs, attorneys' fees, abandonment costs, interest, those claims -which may arise out of Grantee's immediate pos- session of Grantor's real property and any claims pursu- SUBSURFACE PASS- THROUGH EASEMENT (F), Page 3. 0 0 Bit 14020 PG 1598 ant to California Code of Civil Procedure Sections 1036, 1263.410, 1263.420, 1268.610, 1268.620 and 1268.710. Gran- tor also agrees and consents to the dismissal of any emi- nent domain action in the Superior Court wherein Grantor's real property is included. Grantor further understan.s 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. 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 §ubsurface Pass- Through Ease- ment has been executed this !, day of /, , 198 -1. WANDA R. PEGRAM Grantor ADDRESS Or GRANTOR TO WHICE COMPENSATION PAYE_: ?TS ARE TO BE SENT: SUBSURFACE PASS - THROUGH EASEMENT (F), Page 4 PARCEL NO. F -38 LEGAL DESCRIPTION E BK 1 4020 PB 1599 Lot 6, Block 60 of Ocean Front Tract, as shown on a Map recorded in Book 4, page 12 of Miscellaneous Maps, Records of the County of Orange, State of California. EXHIBIT "A" BK 1 4020 Po 1600 DESCRIPTION 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 orange,' State of California, more particularly described as follows:. PARCEL "Ft': 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 a line of said 'Ocen Front Tract ", said point of begin- ning being a point in the boundary line of the land described in the parcel entitled "EXHIBIT lI 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 in -section of the southwesterly prolongation of the centerline of 61st Stref_ �s shown on a man of "- <_ver. Section, Newport Beach" recorded in Book 4, Page 25 of said Miscella. :ous 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 the reoi 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 Sur ✓eys in the Office of the County Recorder of ',. :aid County; thence along said city boundary South 1 °36'30' West, 244.09 -et to an angle oint therein; thence continuing along said city boundary' South 4'31'331P East, 439. 65 feet to an angle point therein; thence continuing along said city boundary and the southeasterly prolongation thereof South 20 °11'42" 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 lHigh Tide, Rec. 9119128, 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 X08, Page 65 of Deeds, records of said 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 Scc South, Range Ten West, S. B. M. ; thence along said course South 50 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. f Lot. 5 in Block 54 of said "Ocean Front Tract, Newport Beach" with t centerline of Ocean Front (formerly Ocean Avenue) as said stre•_t is shown on said map of the "Ocean Front Tract "; thence South 1l'09`121;1 ',Vest, 243.30 feet, more or less, to an intersection with the ordinara'or: • ;atcI r'.k of the Pacific Ocean; 'hence along said ordinary low water .....r.. North 58049105 ". West, 1010.39 feet to an intersection EXHIBIT "B" - Page 1 0 0 Bx 14020 PG 1601 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 59010'05" West, 420.38 feet to an intersection with the southwesterly prolongation of the northwesterly line of Block A -60 as shown on said man of the "Ocean Front Tract "; thence along said southwesterly prolongation, said north:•iesterly line of Block A -60 and the northeasterly prolongation thereof and the centerline of said 61st Street and the northeasterly prolongation thereof North 33 °29145 "East, 376.20 feet, more or less, to the point of-beginning. CONTAINING 23.404 Acres, snore or less t, 6 EXHIBIT "B" —page 2 i BK 1 4020 P6 1 6C2 ` I IMF•' »'' a. _ as o `` wLa +• � •ice •Y: V� K _ � Y t j f EllU �^ W N.O co V i �l �s �� '\� / ��, 0•\ �� � �� it f"' v � . uenns O i �\ = GO =L t•x i Ll } a v �� �,vs• x U _ Z Lu EXHIBIT "C" STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) 0 BK 1 4020 PG 1603 OnFy /� 19cF/, before me, the under- signed, a Notary Public in and for said State personally ap- peared W NDA R REGRAM known to me to be the person(s) whose name(s) are subscribed to the within instrument, and ack- nowledged that she exe- cuted the same. IN WITNESS WHEREOF, I have her =,unto set my hand this /e day of�lr 1` "'. Notary Pu c in and for said WILLIAM J. GLUIri 1, y County and State �.�- -•max^ PRINCIPAL PUBLIC IN SAY DIEGO COUNTY My Coms issio Up. Nov. 15. 1982 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 NEWPORT 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 iday 13, 1968 and the Grantee consents to reccrdation thereof by its duly authorized officer or agent. IN WITNESS WHEREOF, I have hereunto set my hand this day ofr.,< SUBSURFACE- PASS - THROUGH EASEMENT (F), Page 5 • tNO U�gO gY WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 36 . NI wlp, Boulevard A�?odrt"B ac Califon GIerK iC 1 > G 3 � f 1L- TO: SEA 14020 pal 604 17589 JR /MM 12 /8/e0 Parcel F -41, 42, 43, 44, 45, 46 and 47 RECO2DED 13 OFFICIAL RECORDS `926 6 3 of DaAnc[ MM., caLIFO;MIA CITY OF NEWPORT BEACH 3390 Newport Boulevard Newport Beach, California 92663 - 11!sAM APR 15'81 LEE A. RRAHPH. County Recorder DOCUMENTARY TRANSFER TAX .Computed on the con- s ideration 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, VICTOR G. RUMBELLOW AND OLIVE F. RUMBELLOW, husband and wife as Joint Tenants hereby GR.A.NT(S) and conveys to the CITY OF NEWPORT BEACH, a municipal corporation, and its successors and assigns, a perpetual easement and right of way to drill, test, com- plete; equip, maintain, repair, clear, redrill, deepen, opera-__, produce, dismantle (remove casing and other equip - men= rc-,.), pluci and abandon under and through the subsur- face that certain real property hereinafter described in which Grantor has reserved the rigL.. to control subsurface pass - trough easements ( "Grantor's real property" herein) at a c. ,.ii not less than Four Hundred (400) feet measured ver- ti wli;r below the surface thereof, a well or wells for the purpose of exploring for and /or producing oil, gas and /or oth_= :-ydrecarbon substances; the easement and right of way Aran herein shall lie under that certain parcel of real prope-rty situated in the City of Newport Beach, County of Oran-,e, State of California, and more particularly described in E,:b_t "A" to this Deed and such description by this re- fer_--__ is made a part hereof as though set forth at length. SUBSURTA..E PASS- THROUGH EASEMENT (F), Page 1 BK 14020 PG 1 605 The rights granted herein to Grantee are for the pur- pose of drilling for, producing, extracting, taking, and removing oil, gas and other hydrocarbon substances by means of slant holes or wells drilled through and beneath the lands described 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; pro- vided, however, that the provisions of this instrument shall not entitle the Grantee, in any of its operations hereunder, to use any part of the Grantor's real property between the surface of the lands described in Exhibit "A" attached here- to and the depth above - specified, or to bottom any well within the boundaries of the Grantor's real property. A plat showing 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 in- stall materials of good quality and condition, and all wells shall be drilled and maintained by Grantee in the best work- manlike manner and in accordance with good oil field prac- tice, and all water sands encountered therein shall be, ef- fectively and in a proper manner, plugged off; all drilling and other operations 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 property of Grantor; and Grantee shall take all rea- sonably necessary precautions to prevent the discharge or escape of mud, oil, debris or other matter onto the beach or adjoining property 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 war. granted hereunder, shall pay to Gra -)r a sum equal to suc;: proportionate share of three and : hundred seventy -five thousandths percent (3.275 %) of t..: market value of all oil, gas and other hydrocarbon sub:- tances 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 bottomed beyond the outer boundaries described in Exh ib to B," as t',-e square footage of Grantor's real prop - erty, as described in Exhibit "A ", be..:s to the total square foctae of the lands lying within the outer boundaries of Exh »i "3," excluding public streets and highways owned in fee sim, -Ie by the City of Newport Beach and also any lands owned ;I fee simple by the City of Newport Beach, and fur- ther e::= luding streets and lands lying within the former Pacific Electric Railway Company right of way; provided, however, that Grantor shall not be entitled to any compen- sation cased upon oil lost through evaporation, leakage, or othe_az-e, or upon gas used, consumed or lost in extraction o _=soiine, cr upon any oil or gas used in connection with any a_i'_ drilled or operated hereunder, or upon any gas whin= is used for repressuring any oil bearing formation in an act = -;pt to further production from any such well or wells nor shall Grantee be obligated hereunder to save any gas, _:-s2pt as there is a reasonable market and value for the same. Grantee shall be entitled to deduct from the compen- sation aereunder the Grantor's proportionate share of any SUBSURFACE PASS - THROUGH SASEMENT (F), Page 2 BK 14020 PG 1606 mineral rights, severan.ee, 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, 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 sentence shall be deemed to be the actual cost thereof, but not to exceed ten cents ($0..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; pro- vided, however, that Grantee shall be entitled to continue to mail compensation payments hereunder to th-t 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 amounts 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 particular 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 assign- ment 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 successors 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. Furthe acre, if it should be determined that Grantor owns less than all of the rights to provide Gra -tee the easement right and right of way conveyed herein, 'rantee shall be entitled to accept such rights as are granted herein by Granto -, and prorate the compensation accruing to Grantor accord'_:.,. °igly. i'h_ Subsurface Pass - Through Easement shall be and be- come e=' ective from and after the date that Grantor executes the s or January 26, 1981, whichever is later. to hereby agrees to make no claims in eminent domain ._^ainst Grantee relating to the herein - described land, including without limitation any claims for fees, costs, 4_torneys' fees, abandonment costs, interest, those claims ,;<ich may arise out of Grantee's immediate pos- session. Grantor's real property and any claims pursu- SUBSURFACE PASS- THROUGII EASEMENT (F), Page 3 i 0 BK 1 4020 Pe 1607 ant to California Code of Civil Procedure Sections 1036, 1263.410, 1263.420, 126. 8.610, 1268.620 and 1268.710. Gran- tor also agrees and consents to the dismissal of any emi- nent domain action in the Superior Court wherein Grantor's real property is included. 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. 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 Ease- ment has been executed this -�1— day of �eaNC .r ^ 1981. VICTOR G. RUMBELLOW OLIVE F. RUMBELLOW Grantor ADrRESE OF GRANTOR TO Wr.IC: i PE SAT1ON PAYM_-2F —_S ARE TO BE SENT: •.cc ; ">...� I ?rte J SUBSURFACE PASS — THROUGH EASEMENT (F), Page 4 Parcel Nos. F -41, 42, 43, 44 45, 46, 47 LEGAL DESCRIPTION BK 14020 pal 608 Lots 4, 5, 6, 7, 8, 9 and 10 inclusive in Block 160 of . River Section, Newport Beach, in the city of Newport Beach, county of Orange, state of California, as per map recorded in book 4, page 25, Miscellaneous Naps, in the office of the county recorder of the County of Orange, State of California. EXHIBIT "A" DESCRIPTION 0 BK 14020 P6 160-0 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 Orange,' State of California, more particularly described as follows:. PARCEL "F" Begicnningat the intersectionof the northeasterly prolongation of she cent 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 Maos in the Cffice of the Count Recorder of said County with the north - eastersly 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 "E.KHIBIT 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 35907135" East, 120. 05 feet to the intersection of t.:e southwesterly prolongation of the centerliae of 61st Street as shown on a map of "River. Section, Newnbrt Beach" recorded in Book 4, Page 25 of said Miscellaneous Maps with the Southwesterly boundary line of said "Rives Section ", said southwesterly boundary line being the southwesterly right- of -,­ay line of the Southern Pacific Railroad; thence along said southwesterly prolongation, said 'centerline and the northeasterly prolongation thereof North 34 °24`57" East, 901.10 feet to an intersection with the Newport Beach City Boundary as shown on a m -= -=.) filed in Book 65, Pages 31 through 36 of Records of` Surveys in the OL. :-:e of the County Recorder of *said County: thence along said city bounda.f South 1 °36'30' West, 244.09 feet to an angle oint therein thence continuing along said city boundary South 4 °31'331? East, 439.65 feet fo an apgle point therein; thence continuing along said city boundary and the southeasterly prolongation thereof South 20° 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 Lire of Mean High Tide, Rea. 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 Surveys, which point is in the Southerly line of the 80 foot California State High ay as described in a deed recorded in Book 508, Page 65 of Deeds, records of said 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 Sic South, Range Ten West, S. B. M. ; thence along said course South 60 028':3" .East, 468.00 feet; thence South 11 °00112" West, 396.95 feet to the intersection of the southwesterly prolongation of the South - easterl; 1i ^.e of Lot.S in Block 54 of said 'Ocean Front Tract, Newpor. Beach" wiia ,he centerline of Ocean Front (formerly Ocean Avenue) as said s: -eel is shown on said map of the "Ocean Front Tract "; thence South 11 °00'.2" ':'lest, 248.30 feet, more or less, to an intersection with the ord'nar-; c: :•:atermark of the Pacific Ocean; thence along said ordinary low water ,,.ark North 58 °49105 ". West, 1010.89 feet to an intersection EXHIBIT "B" - Page 1 4 0 BK 14020 P6 16 10 with the southwesterly prolonFat•ion 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 10105" West, 420.38 feet to an intersection with the southwesterly prolongation of the northwesterly line of Block A -60 as shown on said mao of the "Ocean Front Tract "; thence along said southwesterly prolongation, said northwesterly lire of Block A -60 and the northeasterly prolongation .hereof 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 BK 14020 P6 16 A, ISLI TZM iq i.. z % t I s se.yvo v. C13 Ft x LS UJ z L LU ZZ LU LL 10 Lu EXHIBIT "C" STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE I On signed, peared BK 14020 Pu 16 1 2 17 19 4/, before me, the under- a Notary Public in and for said State personally ap- VICTOR G. RUMBELLOW AND OLIVE F. RUMBELLOW. husband and wife known to me to be the person(s) whose name(s) are subscribed to the within instrument, and acknowledged that they exe- cuted the same. IN WITNESS WHEREOF, I have hereunto set my hand this /? day of.... -z_ oFFmla�S_nt n� / /GJ ;:ate >_� / �WILLIAM J. GLUP., Notary Public in and for said ^_; NOTARY. PUIILIC .. IN gqy pl EGO GDUH7Y County and State .. yr My Ca inission Exp. Nom+• 15, 1932 } 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 NEWPORT BEACH is hereby accepted by the undersigned officer or agent on behalf of the City Council of such City pursuant to aut: -ority conferred by an adopted resolution by the City Council dated May 13, 1968 , and the Grantee consents to reccr3>tion thereof by its duly authorized officer or agent. IN WITNESS WHEREOF, I have hereunto set my hand this ZS �av of f ':te<uar `l � t i I SUBSURFACE PASS- THROUGH EASEMENT (F), Page 5 R' i 19110 V Nt> WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 LN fy "" " C ed . �S MAIL TAX STATEMENTS TO: EXEMP-i 22 CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 41 BK 1 395 1 PG JKIMM 12/8/80 Parcel F- 48 Parcel F -49 Parcel F -50 RECORDED IN OfFICtAL RECORDS OF ORANGE COUNTY, CALIFORNIA .3 s5 P.M. FEB 17'81 LEE A. BRANCH. County Recorder DOCUMENTARY TRANSFER TAX S .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, MEL MORRISON AND MAXINE MORRISON, husband and wife, as joint tenants hereby GRANT(S) and conveys to the CITY OF NEWPORT BEACH, a municipal corporation, and its successors and assigns, a perpetual easement and right of way to drill, test, com- plete, equip, maintain, repair, clear, redrill, deepen, operate, produce, dismantle (remove casing and other equip- ment from), plug and abandon under and through the subsur- face 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 ver- tically below the surface thereof, a well or wells for the purpose of exploring for and /or producing oil, gas and /or other hydrocarbon 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 re- ference is made a part hereof as though set forth at length. SUBSURFACE PASS - THROUGH EASEMENT (F), Page 1 291 0 Bic 1 395 i P6 292 The rights granted herein to Grantee are for the pur- pose of drilling for, producing, extracting, taking, and removing oil, gas and other hydrocarbon substances by means of slant holes or wells drilled through and beneath the lands described 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; pro- vided, however, that the provisions of this instrument shall not entitle the Grantee, in any of its operations hereunder, to use any part of the Grantor's real property between the surface of the lands described in Exhibit "A" attached here- to and the depth above - specified, or to bottom any well within the boundaries of the Grantor's real property. A plat showing 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 in- stall materials of good quality and condition, and all wells shall be drilled and maintained by Grantee in the best work- manlike manner and in accordance with good oil field prac- tice, and all water sands encountered therein shall be, ef- fectively and in a proper manner, plugged off; all drilling and other operations 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 property of Grantor; and Grantee shall take all rea- sonably necessary precautions to prevent the discharge or escape of mud, oil, debris or other matter onto the beach or adjoining property 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 granted hereunder, shall pay to Grantor a 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 bottomed beyond the outer boundaries described in Exhibit "B," as the square footage of Grantor's real prop- erty, as described 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 fur- ther 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 compen- sation 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 repressuring any oil bearing formation in an attempt to further production from any such well or wells; nor shall Grantee be obligated hereunder to save any gas, except as there is a reasonable market and value for the same. Grantee shall be entitled to deduct from the compen- sation hereunder the Grantor's proportionate share of any SUBSURFACE PASS- THROUGH EASEMENT (F), Page 2 BK 13951 P6 293 mineral 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, 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 sentence shall be deemed to be the actual cost thereof, but not to exceed ten cents ($0.10) 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; pro- vided, 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 amounts 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 particular 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 assign- ment 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 successors 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. Furthermore, 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 prorate the compensation accruing to Grantor accordingly. This Subsurface Pass- Through Easement shall be and be- come effective from and after the date that Grantor executes the same, or January 26, 1981, whichever is later. Grantor hereby agrees to make no claims in eminent domain against Grantee relating to the herein- described land, including without limitation any claims for fees, costs, attorneys' fees, abandonment costs, interest, those claims which may arise out of Grantee's immediate pos- session of Grantor's real property and any claims pursu- SUBSURFACE PASS- THROUGH EASEMENT (F), Page 3 • • BK 13951P ant to California Code of Civil Procedure Sections 1036, 1263.410, 1263.420, 1268.610, 1268.620 and 1268.710. Gran- tor also agrees and consents to the dismissal of any emi- nent domain action in the Superior Court wherein Grantor's real property is included. 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. 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 Ease- ment has been executed this ;,¢day of 1)_, 1981. ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: Tea r4 x_00 \\// �cv�o� L—jwy # ?60 Newport Dead, Co. 92663 SUBSURFACE PASS - THROUGH EASEMENT (F), Page 4 294 BK 1 395 1 PG 295 PARCEL No. F -48, F -49 and F -50 LEGAL DESCRIPTIONS Lots 11, 12 and 13 of Block 160 of River Section as shown on a map recorded in Book 4, page 26 of Miscellaneous Maps, records of the County of Orange, State of California. EXHIBIT "A" • • BK 13951 P6 296 DESCRIPTION Oxbow Oil Production Condernation All those certain lands situated partly in the City of Newport Beach and partly in the unincorporated territory of the County of Orange,' 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 man of the "Ocean Front Tract, Newport Beach" recorded in Book 4, Page 12 of Miscellaneous Mans in the Office of the Count Recorder of said County with the north - easteilly 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" 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 line 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 Count 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 a{igie 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 Surveys, 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° 2'8' 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 °00'12" West, 248.30 feet, more or less, to an intersection with the ordinary lone watermark of the Pacific Ocean; thence along said ordinary low water mark North 58 °49105 ". West, 1010.89 feet to an intersection EXHIBIT "B" - Page 1 BK 1 395 1 PG 297 with the southwesterly prolongation of the northwesterly line of Block A -53 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 33 °29'45" East, 3 76. 20 feet, more or less, to the point of beginning. CONTAINING 23.404 Acres, more or less h: EXHIBIT "B" - Page 2 i ' M aat '1 I •IL fi dv I° ; L ILL-, _ G f\ s < y 2t '- �, L: LJ j mgo si � � t ay ✓i• 1 VOo \ W. .7rt �- W � �\ � ra.law ' L� L rte♦ I a.A t i O, � �La [,• r,�oW ° > ♦aa Y' V Zi W GIF—ni EXHIBIT "C" , 9 8K 1 395 1 Pc STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On January 30th, , 1981 , before me, the under- signed, a Notary Public in and for said State personally ap- peared MEL MORRISON AND MAXINE MORRISON known to me to be the person(s) whose name(s) are subscribed to the within instrument, and acknowledged that they exe- cuted the same. IN WITNESS WHEREOF, I have hereunto set my hand this 30th day of January , 19 81 C DtarY Public/ln and for sa /County and State James H. McGraw 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 NEWPORT BEACH is hereby accepted by the undersigned officer or agent on behalf of the City Council of such City pursuant to authority conferred by as adopted resolution by the City Council dated May 13, 1968 , and the Grantee consents to recordation thereof by its duly authorized officer or agent. IN WITNESS WHEREOF, I have hereunto set my hand this day of �f.L!/a/A��/ 198/. SUBSURFACE PASS — THROUGH EASEMENT (F), Page 5 299 _ r ti:fi;:a ORA, �;r iLV,'/ C DtarY Public/ln and for sa /County and State James H. McGraw 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 NEWPORT BEACH is hereby accepted by the undersigned officer or agent on behalf of the City Council of such City pursuant to authority conferred by as adopted resolution by the City Council dated May 13, 1968 , and the Grantee consents to recordation thereof by its duly authorized officer or agent. IN WITNESS WHEREOF, I have hereunto set my hand this day of �f.L!/a/A��/ 198/. SUBSURFACE PASS — THROUGH EASEMENT (F), Page 5 299 ,t. 17590 y0� O R gVE`'T7HEN RECORDED MAIL TO: CITY OF NEWPORT BEACH �`N Newport Boulevard Beach, California 92663 �ECEIvt_� C ,y Cre, k ME CIZy - Deed STATEMENTS TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 BK 14020.PG 1643 JK /MM 12/8/80 Parcel F- 51 Parcel F -52 RE=- CEO M OFFICIAL RECORUs Ci CIt 4GE CiWATY. CALIFORNIA -11 15 AIM APR 15'P} LEE A. BRAY,%. County Recorder 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; ta2 - - Firm Name SUBSURFACE PASS - THROUGH EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, VALERA G. BROWN , a married woman, has her sole and separate property, who acquired title as Valera G. Romer O ­1 her CNN' eby GRA?�T(S) and conveys to the CITY OF NEWPORT BEACH, a %" municipal corporation, and its successors and assigns, a-1 c "x_c__i_.:_: ;__e:_,_._pe._ a u.al ease -ent and right of way to drill, test, com- plete, equip, maintain, repair, clear, redrill, deepen, eperat.e, produce, dismantle (remoc casing and other equip - Ment prom), plug and abandon under and through the subsur- face o� that certain real property hereinafter described in whi_': 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 ver- ti_e21v below the surface thereof, a well or wells for the purpose of exploring for and /or producing oil, gas and /or ote_ hydrocarbon substances; the easement and right of way gran sd herein shall lie under that certain parcel of real pro -erty situated in the City of Newport Beach, County of Orange_; State of California: and more particularly dPsc -ibed in Zxhibit "A" to this Deed and such description by-hie: ;:e- ference is made a part hereof as though set forth at length. SUBSu::FACE PASS - THROUGH .EASEMENT (F), Page 1 B{( 14020 PO 16 14 The rights granted herein to Grantee are for the pur- pose of drilling for,• producing, extracting, taking, and removing oil, gas and other hydrocarbon substances by means of slant holes or wells drilled through and beneath the lands described 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; pro - vided, however, that the provisions of this instrument shall not entitle the Grantee, in any of its operations hereunder, to use any part of the Grantor's real property between the surface of the lands described in Exhibit "A" attached-here- to and the depth above - specified, or to bottom any well within the boundaries of the Grantor's real property. A plat showing 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 in- stall materials of good quality and condition, and all wells shall be drilled and maintained by Grantee in the best work - manlike manner and in accordance with good oil field prac- tice, and all water sands encountered therein shall be, ef- fectively and in a proper manner, plugged off; all drilling and other operations 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 property of, Grantor; and Grantee shall take all rea- sonably necessary precautions to prevent the discharge or escape of mud, oil, debris or other matter onto the beach or adjoining property 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 granted hereunder, shall pay to Grantor a sum equal to such proportionate share of three and two hundred seventy -five thousandths percent (3.2758) 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 bottomed 'beyond the outer boundaries described in Exhibit "B," as the square footage of Grantor's real prop- erty, as described in Exhibit "A ", bears to the total square t = fooqe of the lands lying within the outer boundaries of Exhibit "B," excluding public streets and highways owned in fee si. le by the City of Newport Beach and also any lands owned -in fee simple by the City of Newport Beach, and fur- ther evaluding streets and lands lying within the former Pacii_ Electric Railway Company right of way; provided, however; that Grantor shall not be entitled to any compen- sation :.aced upon oil lost through evaporation, leakage, or cthec-.4 se, or upon gas used, consumed or lost in extraction of ,__.,line, or upon any oil or gas used in connection with any .ei1 drilled or operated hereunder, or upon any gas whica i; used for repressuring any oil bearing formation in an at_c_mpt to further production from any such well or wells: nor shall Grantee be obligated hereunder to save any gas, czceot as there is a reasonable market and value for the grantee shall be entitled to deduct from the compen- sauce :-: ereunder the G'rantor's proportionate share of any SUBSURFACE PASS - THROUGH EASEMENT (F), Page 2 BK 14020 P6 16 15 mineral 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, 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 sentence shall be deemed to be the actual cost thereof, but not to exceed ten cents ($0.10) 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; pro- vided, 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 amounts 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 particular 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 assign- ment 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 successors 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 am nits of compensation previously paid to Grantor. Furt: ^err:c1.a, if it should be determined that Grantor owns less t ^:_n all of the rights to provide Grantee the easement right right of way conveyed herein, Grantee shall be entitle-6 to accept such rights as are granted herein by Granter, and prorate the compensation accruing to Grantor T`:i= Subsurface Pass-Through Easement shall be and be- come of °ective from and after the date that Grantor executes the sa, -e, or January 26, 1981, whichever is later. hereby agrees to make no claims in eminent domain _-_:ainst Grantee relating to the herein- described land, _-:_luding without limitation any claims for fees, costs, ._ttorneys' fees, abandonment costs, interest, those claims 'wi -rich may arise out of Grantee's immediate pos- session of Grantor's real property and any claims pursu- SUBSURFACE PASS- THROUGH EASEMENT (F), Page 3 BK 1 40 2 0 PG 16 16 ant to California Code of Civil Procedure Sections 1036, 1263.410, 1263.420, 1268.610, 1268.620 and 1268.710. Gran- tor also agrees and consents to the dismissal of any emi- nent domain action in the Superior Court wherein Grantor's real property is included. 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. 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 Ease- ment has been executed this c;?- day of 198/. VALERA G. BROWN Grantor ADDRESS OF GRANTOR TO WE_IC5 COMPE14SATION PAYMENTS ARE TO BE SENT: tip.' /i " -.._:. k✓ �$', �, SUBSURFACE PASS'- THROUGH EASEMENT (F), Page 4 BK 14020 PG 16 17 STATE OF CALIFORNIA ) ss. COUNTY OF On ct.�� i J\ before me, the undersigned, a No- tary Public in and for said State, personally appeared VALERA G. BROWN , known to me to be the person whose name is subscribed to the within Instrument, known to me to be the person who executed the within Instrument, F.ne., ac- knowledged to me that she executed the within Instrument. WITNESS my hand and official seal. CARROLL J / /� J/ /J / (/ (�`�� �L OFF'CE IN T ` Notary Public :�. LOS ANGELES COUNTY My Ccimmiuicn FJ PI,C9 Cacho 14, 1983 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 NEWPORT 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 May 13, 1968 , and the Grantee consents to recordation thereof by its duly authorized officer or agent. IN WITNESS WHEREOF, I have hereunto set my hand this lip day of '1/9�)i. SUBSURPkCE PASS- THROUGH EASEMENT (F), Page 5 7. PARCEL No. F -51 AND F -52 LEGAL DESCRIPTION PARCEL 1: BK 1 4 0 2 0 PG 16 i 8 Lot 14 in Block 160 of River Section, Newport Beach, as shown on a map recorded in Book 4, Page 25 of Miscellaneous Maps, records of the County of Orange, State of California. PARCEL 2: Lot 15 in Block 160 of River Section, Newport Beach, as shown on a map recorded in Book 4, page 25 of Miscellaneous Maps, records of the County of Orange, State of California. EXHIBIT "A" DESCRIPTION • sK 14020 PG 16 19 Oxbow Oi Production Condemnation All those certain lands situated partly in the City of Newport Beach and partly in the unincorporated territory of the County of Orange,' 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 mao of the "Ocean Front Tract, Ne•.cport Beach" recorded in Book 4, Page 12 of Miscellaneous Maps in the Office of the Count Recorder of said County with the north - easterily be�ndary line of said 'Ocean Front Tract ", said point of begin- ning being a poi in the boundary line of the land described in the parcel entitled "EX -nIBIT 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 :n a man of "River. Section, Newuort -each" 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 line of the Southern Pacific Railroad; thence along said southwesterly prolongation, said 'centerline and the northeasterly - prolongation thereof North 34 °24157" 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 point therein; thence continuing along said city boundar —f 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 20° 11142" East. 370. 59 feet to the northwesterly ter: -sinus of the course shown as "North 60 °26'28" West 576.24 feet" and entitled "North Line of Mean nigh 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 Su -revs, w":ch point is in the Southerly line of the 80 foot California State Hiighwa -� as described in a deed recorded in Book 508, Page 65 of Deeds, records of said County, said point being South 83° 17115" East as rneasurc-d along said Southerly line 115.62 feet from its intersection with the centerline running worth and South through Section Twenty-nine, Township S_:. 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 i rsection of the southweste rl prolongation of the South - easter ly ..,,= a ot.5 in Block 54 of said 'Ocean Front Tract, Newport Beach `,vi.;-. tne centerline of Ocean Front (formerly Ocean Avenue) as said st; e =t is shov +n -o on said map of the "Ocean Front Tract" thence Scut.. 1 : ° 0 ". =" ;,'es:. 2 30 feet, more or less, to an intersection with the oz-dir*,�-t of the Pacific Ocean; thence along said ordinary lcw •racer Noma 58 °49'05 ". West, 1010.89 feet to an intersection EXHIBIT "B" - Page 1 11 • BK 1 4020 PG 1620 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 to :v water mark North 59010105" 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 no— heasterly prolongation thereof and the centerline of said 61st Street and the northeasterly prolongation thereof North 33 °29'46" ast, 376.20 feet, more or less, to the point of beginning. CONTAINING 23.404 Acres, more or less y� EXHIBIT "B" - Page 2 BK 14020 po 162 1 ql, EXHIBIT "C" O yo iz ar as L --I LI X IS W co cc: Uj Z-� LL Lu < ql, EXHIBIT "C" O yo iz ar as L --I LI X IS W co cc: Uj Z-� LL Lu