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