Loading...
HomeMy WebLinkAboutOil Subsurface Easements - West Newport Parcels F-1 to F-26DATE ORIGINAL RECORDED PARCEL NEGOTIATIONS DEED DEW IN COPY IN NLEBER NAME COMMENCED SIGNED RECORDED CITY'S FILE OUR FILE SERVED SLUI0N5 EFFECTIVE & COMPLAINT DATE & 03p, Olp F.TkTw.rl wt-45-• 1 0 71cl7v I-Prl �Aw F2/4/81 not servel F-1 GAYLORD, JAMES M. 1/15/81 1/26/81 1/26/81 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 1/26/81 of served F-4 SCHUMANN, ROBERT W. 1/15/81 1/20/61 1/ 2 6/8 1 1/15/81 F-5 SHEHANE, RAYMOND 1/31/81 1/26/81 1/26/81 .... ...... .... ..... .......... 1/15/81 F-6 MOODY, ROBERT L. 1/21/81 HUS & WIFI 1/15/81 F-7 CITRANO, VINCENT J. 1/38/8:. ... 1/22/81 2/17/81 .. ............... .... 2/4/81 ...... .. ........ ... ........ .. ... ... ....... .. ...... 1/27/81 I .. ................. not served 2/3/81 .............. 1/26/81 .. .... ... .... ..... ... ........ ...... F-8 MAARSE, JACOB 1/15/81 F-9 NEWSON, IRENE M. 1/15/81 - ------- q+Sj 1/20/81 1/26/81 -- --------- ---- ---- --- SERVED DATE ORIGINAL RECORDED SUIMS. EFFECTIVE PARCEL NEGOTIATIONS pEED DEED DEED IN COPY IN & COMPLAINT DATE NUIZER NAME OCWM4CED SIGNED RECORDED CITY'S FILE OUR FILE & DIP. DIP ANSWERED DISMISSED F -10 NEWSOM, IRENE M. 1/15/81 44-81 F -11 NEWSOM, IRENE M. 1/1.5/81 1/15/81 F -12 HILL, JOHN J. F -13 MEYER, WILLIAM M. 1/15/81 P' V F -14 BLANDI, THOMAS SOLD 10 BRAG •. F -14 BRAGG, MEDROD N. 1/15/81 F -15 WALKER, KENNAN W. 1/15/81 1j20/81 2/4/81 . a.,a�g� not served JACOBY, WILLIAM H. F -16 1/15/81 1/29/81 2/6/81. F -17 KOLL, DONALD M. 1/15/81 .,......-- _.........._......... ... ...... ..,....... I ........_.............,.... .1/30/81 ....... ._.............. I 2/5/81, ._..........�.................. _....................... .... ................ _ ............._........,. � DATE PARCEL NEGOTIATIONS DEED DEED NLMBER NAME COMMENCED SIGNED RECORDED SERVED ORIGINAL RECORDED almiS EFFECTIVE DEED IN COPY IN & campiAw DATE CITY'S FILE OUR FILE & 03P. OIP m�� 1/21/81 1/26/81 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 F-20 NORLUND, BRUCE L. 1/15/81 1/19/81 2/4/81 'rfa� not served .......... F-21 1/15/81 1/21/81 2/4/81 served RFOVN, PCGER & LINDA CO- .. ... ........... F-22 BLACKMAN, ROBERT 1/15/81 1/19/81 ...... -- ....... ... 1 /2 3/ 8 1 1/19/81 1/26/81 ... 1/28/8 1 1/26/81 F-23 RICHARDSON, ALEXANDER 1/15/81 . .......... .... ........... .......... ...... ------- ...... ....... ...... .... . ......... F-24 EATON, MARIAN H. 1/15/81 F-24 WEST PROPERTIES 1/15/81 1/15/81 F-25 DANIEL, LA VEATA B. .. .... .. .. ...•DE. ...Mil NEGODATE TIATIONS . i . . �1it . ill. .• COPY IN .l"rw. I:ul •.u'uyc / SIGNED RECORDED 1 Bt ul9 : Iii .: Yi BARME, MICHAEL F -26 F -27 SCHUMANN, WILLIAM C. 1/15/81 ./19/81 2/4/81 ^� /�Agl� not served 2/4/81 �'�J�D.� F -28 PERRY, . ALLEN W. 1/15/81 1/21/81. served j.1 /1.5./81 /26/81 ALE /26/81 1/15/81 F -30 KELLOGG, DALE 1/21/81 /26/81 1/26/81 F -31 RUDLOFF, LORALYNN 1/15/81 F -32 GAYNER, WALKTER R. 1/1.5/81 1/15/81 1/20/81 1/20/81 1/26/81 F -33 TANSKE, DORIS. J. ..._ ..._._,.. 1/15/81 . ..... _._ ., ..., .,...,._._ __.._.,,__ _. ... ........... Hus &Wife ..... .... 1/26/81 .._.. . .. ..... _. _. .__... .. ._..,... F -34 KESSLER, MARY M. 1/21/81 DATE ORIGINAL PARCEL NEGOTIATIONS DEE) DEED DEED IN cop CT70TIx" 1741B COMMENCED SIGNED RECORDED CITY'S FILE OUR SERVED SUK40NS EFFECTIVE COMPLAINT DATE DIP. Dip not F-35 VOGT, KENNETH F. 1/23/81 2/4/81 Q136 served F-36 DI CORPO, NELLO 0. /21/81 2/4/81 �l not served 1/15/81 (CHEZ Hus&W CHELF, FREDERICK AND 1/15/81 1/21/81 1/26/81 F-37 NEWMAN, JOHN OMAR F-38 PEGRAM, WAUDA 1/15/81 1/22/81 1/26/8L --- ARMSTRONG PETROLEUM 1/15/81 ----------- ------- F-39 ............ ---------- ARMSTRONG PETROLEUM F-40 1/15/81 ..... . ................ . . .. ... ........ 1/28/81 ............. .... 1/28/81 1/28/81 2/3/81 . 2/3/81 2/3/81 F-41 RUMBELLOWf VICTOR G. 1/21/81 ........... . F-42 RUMBELLOW, VICTOR G. 1/21/81 1/21/81 F-43 RUMBELLOWf VICTOR G. SERVED ORIGINAL RECORDED SUMMONS EFFECTIVE DEED IN COPY IN & COMPLAINT DATE CITY'S FITZ OUR FILE & CJP, UP KlTrF l yar 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. 2/3/81 • 1/28/91 F-47 RUMBELLOW, VICTOR G. 1/21/82 not F-48 MORRISON, MEL served 1/15/81 L/30/81 2/17/81 gl ... ..... ....... F-49 MORRISON, MEL 1/15/81 /30/81 2/17/81 not served --- -------- ------ ----- - F-50 MORRISON, MEL 1/15/81 ./31/8J ...... 2/17/81 ....... not served .... ........ ......... F-51 BROWN, VALERA G. --------- - - 1/15/81 1/15/81 ._.- ._..._._..... __.... _------ .. ...... ........... F-52 BROWN, VALERA G- - ------ _..---...,.._ ..,._...__4..- DATE NEGOTIATIONS DEED SERVED RECORDED SUMMONS EFFECTIVE COPY IN PAKEL & CO[W.41 NUMBER NAME COMMENCED SIGNED RECORDED CITY'S FILE CUR FILE & DIP. DIP •ANSVWED DISMISSED G-1 HUNT, JULIA 1/21/81 G-2 HUNT, .JULIA 1/21/81 G-3 HUNT, JULIA 1/21/81 . . ........ ........ ...... .. G-4 HUNT,JULIA. 1/21/81 G-5 HUNT,JULIA 1/21/81 G-6 HUNT,JULIA 1/21/81 .. ......... . .... .... ------ G-7 HUNT,JULIA 1121181 . .......... ... ...... . ...... ......... ........... ....... G-8 HUNT,JULIA 1/21/81 G-9 HUNT,JULIA 1/21/81 .. ......... ................ ................. ------ - ........ ..... SERVED DATE ORIGINAL RECORDED SUMMONS EFFECTrIVE PAS NEGOTIATIONS DEED DEED DEED IN COPY IN & COMPLAINT DATE mmpw NAMF LnMMENCED SIGNED RECORDED CITY'S FILE OUR FILE & OW OIP ANSWERED DISMISSED li!• • •�1/II / il•I !•u VI54M�1/ ! IS/ 9DH' /pI SERVED ORIGINAL RECORDED SDM)MS EFFECPIVE DEED IN OOP: IN & OOWI AINP DATE LITY'S FILE OUR FILE & DIP. OIP Tarr r e:aae Yair I ff . ♦ 1 •ta. DATE ORIGINAL RECORDED PAXIM NEGOTIATIONS DEED IN Copy IN �T%-ffvt V41JR oj �M SIGNED RECORDED CITY'S FILE OUR FILE SERVED a"=S EFFECTIVE & COMPLAINT DATE & Olp• Olp m�g9a'e i r 1 yon G-30 BRADY, PHILIP L. 1/30/81 G-31 REYNOLDS, BERNIECE 1/30/81 G-32 PETERLIN, MARY GRACE 1/30/81 /9/81 2/17/81 G-33 BENSON, BEVERLY /30/81 .. .............. . G-34 PATTISON, GWENDOLYN R. 1/30/81 2/10/81 ------- 2/16/81 G-35 EARLE, HOWARD J. 1/30/81 ------ - G-35 LAWRENCE POLLOCK MD INC. L/30/81 PENSION AND PROFIT G-36 CITIZENS COMMERICAL TRUS9 1/30/81 & SAVINGS BANK OF PASADENA G-37 1/30/81 THOMAS, ROBERT M -- -------- ............ — ------- -------- ----- – ----- -------------- DATE ORIGINAL ROMP0141 PAPCM NEGOTIATIONS IN COPY IN IT 'u 5r. XMIR anmyklewl SIGNED RECORDED CITY'S FILE OUR FILE SERVED SLMONS EFFWrIVE & CCMPIAINT DATE & MR DIP MRWMl 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 ...... ... -... .......... ...... . ........ ........ .. ...... ....... Hus&W .... . ..... .. . G-42 SEMENIUK, WALKER S. 1/21/61 1 . .. .... - --------- ......... L /26/8.1 - . . . ....... Wife 1/31/8 .. . ..... .. ........ ---------- ............ ..... . G-43 PETERSON, JAY T. 1/21/81 1/30/81 2/4/81 .......... ...... . .. - ........... DATE ORIGINAL RECORDED PARM NEGOrIATICNS DEED IN COPY IN Y�5�75-t kl4%rl "VQW'�Xwk smm, RECORDED CITY'S FILE OUR FILE SERVED $JftVS EFFECTIVE & COMPLAINT DATE & DIP, Dip 1 Y 1 YBI G-43 MOE, COURTNEY V. SOLD TO VANORD ?N VANORDE N SOLD r O 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 al�r served �j is G-46 THATCHER, LUCILLE E. 1/21/81 1/30/8 2/17/81 not served G-47 COTTIER, ROSEMARY 1/21/81 WOOD, JACK J. . ............. ..... — - ------- . ........ . ..... ........... .G-48 1/21/81 .............. ... .. . ........... .... .. . . .... ... . .. Hus&Wife ...... .... - G-49 GREENBERG, IRWIN 1/21/81 ,31c?►l9l 1/27/81 .... ..... . ..... - G-50 BOADWAY, SHIRLEY 1/21/81 1/28/81 1/24/81 not .. . .... ..... ..... ...... . ..­,.,__­­.__ __.,,Served SERVED DATE ORIGINAL •EODRDED 5LDWNS EFFECITVE PARM N5GOTIATICNS DEED DEED IN Copy IN & Cae � DATE f,T-Umw kov'17c,654 SIGNED FaXZRDED CITY'S FILE OUR FILE & OIR OIP 1/21/81 G-51 BENFATTI, ROSE Hus&Wife 1/21/81 L/28/81 2/3/81 G-52 PAGE, ALEXANDER E. 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 Bus &Wif-e G-55 DEXTER, EARL H. 1/21/80 1/30/8L 2/17/81 ----- ----------- 1/27/81 --- - ----- 2/3/81 G-56 CRANE, ROBERT 1/21/80 ....... ... .. .. .. ....... ...... .... . ........ ... ............... ..... ............ .............. .... 1/21/80 G-57 JOHNSON, DAVID H. 1/21/80 - ----------- 2/3/81 ......... 2/8/8 ........... ...... .. . . ......... . .... ............... G-57 WILSON, PETER A. --------- - --- -- ORIGINAL FECORDED r, En COPY IN !&E A DEED IN CITY'S FILE OUR F ILE & OIP. O'p r w 'WiT �P ypr 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 /28/81 2/17/81 not G-60 MOORE, J. CLARK 1/21/81 served — - ---- ----------- G-61 BRINTNALL, RUTH E. 1/21/81 ./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 G-63 DEMPSAYf MILDRED 1/21/81 1/22/8: ....... .. 2/4/81 ............. ..... ...... .... ....... ...... .... .. ... ...... ... -.1-1. not served Nus-'&W I i e' G-64 KIMBROUGHf LAVERNE H. ............ . . --.- . 1/21/81 ... ...... G-65 REIFf I. MELVIN 5)V 1/23/81 1/21/81 �/23/81 2/4/81 . ......... ------ .. ............... DATE ORIGINAL RECORDED PAPOM NEGOTIATIONS n IN COPY IN X740 QDMENCED SIGNED RECORDED CITY'S FILE OUR k'ILE Z w on IM • = M 611• wpm� G-66 L M S BEACH PROPERTIES 1/21/81 1/29/81 2/5/81 1/26/81 2/2/81 G-67 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, LAURF 1/21/81 1/29/81 2/17/81 G-70 SANTUCCI, DANNY AND MARY 1/21/81 G-71 HENNINGSGARD, WARREN 1• 1/26/81 not G-72 MCROBERTS, JACK 1/26/81 ... . ...... —1 ....... 2/3/81 ....... 2/17/81 .. . .......... -- ----- served .............. - --- -- - - --- - - - G-73 YOUNG, CHRISTOPHER 1/26/81 1/26/81 G-74 FINCH, BARRETT J. 04M a WON .i ur. r: u: �� �(u�ia�.�?�► r a1 •ra•• • • r1 • . 1 • •a•••. a1 NOON I 0ODIIIIIIN-P, oval • SERVED SJb"S EFFECTIVE & COMPIAn?r DATE S DIP. DIP � •Ia1 • ^' 1 'Ia1 G -75 SAURENMANN, MARGARET P. 1/26/81 2/9/81 2/17/81 G -76 GREITZER, STANLEY 1/26/81 G -77 SPEARS', HARVEY M. 1/2.6/81��� G -78 MUNNS, CHARLES R. 1/26/81 2/10/81 /16/81 f .. ...... ----- --- --------- G -79 FAURIA, RAYMOND L. 1/26/81 G -79 SOKOLOFF, PETER . 1/26/81 /4/81 2/17/81 not served L. 1/26/81 G -80 FAURIA, RAYMOND I ...... not -- - - - °- _..... .... ... _ .......... .. . G -80 SOKOLOFF, PETER 1/26/81. served _ /4/,61 ...217/81._...___..___..__. G -81 FAURIA, RAYMOND L. 1/26/81 (frrl bl ............... - -... -- .:_._._._... DATE PANEL NE00TIATIONS MA MAW. COMM= SERVED ORIGINAL RECORDED SUMONS EFFMCTTV5 D= DEED IN COPY IN & CaAPIAM a= qUila BECORDED CITY'S FILE OUR FILE & DIP. DIP not G-81 SOKOLOFF, PETER 1/26/81 2/4/81 2/17/81 served G-62 WILSON, ANN M. 1/26/81 ?/9/81 2/17/81 G-82 KANEKO, JOHN S. 1/26/81 2/10/81 2/17/81 Sl I G-82 GOODE, AIM 1/26/81 )/9 /81 2/17/61 G-83 KANEKO, JOHN S. 1/26/81 2/10/81 2/17/81 '41 1 It/ G-83 WILSON, ANN 3p* 1/26/81 2/10/81 2/17/81 G-63 GOODE, ALAN L. 1/26/81 ............. . .. ... ............ ------- ------ .... . ............... ...... ... ............... ... ............ .. . ........ .. ... . ............ .......... . G-84 WILSON, ANN M. ....... 1/26/81 2/9/81 2/17/81 . . .......... .. .... - . ......... G-84 KANEKO, JOHN S. 1/26/81 2/10/8 2/17/81 .................... SERVED DATE ORIGINAL RECORDED SUMMONS EM=IVF PARCEL NEGOTIATIONS nEED DEED IN COPY IN & COMPLAINT DATE vm-Rpq NAM =22MM SIGNED 103ORDED CITY'S FIIE CUR FILE & 01P. OIP 1�1- == 1/26/81 G-84 GOODE, ALAN L. I [us & Wife G-85 VALENTI, RUDOLPH J. 1/26/81 2/10/81 2/16/81 1/26/81 3la7l8i 1/28/81 2/4/81 1/2 9/81 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 10 ........ ....... MCCALL . ................... ... . .. ......... ......... . .... .. .............. ... ............ .... 2/3/81 ..... .... 2/8/81 ..... ... 1/26/81 G-89 MCCALLf GEORGE W. . . . . ............ I . Hus&Wife ....... ...... ......... ..... G-90 BERTOLINO, PIERRE 1/26/81 1/29/81 . . ....... /10/81 ....... I ...... 2/11/81 -1— ........ . ..... .. .................... DATE ORIGINAL RECORDED PARCM NEGOTIATIONS DEED DEED IN COPY IN ITN7.�.. XT4VT. &V^T5-0,6-0, SI RECORDED CITY'S FILE OUR FILE 1/26/81 G-91 STOMEL, PATRICIA A. 1/30/81 2/5/81 G-92 MORIARTY, TED J. 1/26/81 �./30/81 2/17/81 310191 1/29/81 (HUS&Wife 2/4/81 G-93 BOOGROV, SAMUEL J. 1/26/81 2/3/81 2/17/81 37/91 G-9.4 ANARADIAN, LEON 1/26/81 1/30/81 2/17/81 lads G-95 LAUTERJUNG, LOIS A. 1/26/81 2/2/71 2/17/81 . ............. . 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 . ............. . .. .. .. ...... . ............ ....... ...... ..... S07/gl ..... . ...... L/28/81 ...... 2/4/81 ...... . .......... .. ... B-98 NUGENT, WILLIAM R. 1/26/81 ./28/81 2/17/81 ............ 3 ... .. .. Wife &HUS . ........ ....... — .. ... ....... --- ... ..... ........... ..... IQ 7191 2/3/81 2/8/81 G-991 MAYS, ROBERT E. 1/26/81 /10/81 2/17/81 ... ... ..... . ... ........ ....... . I . . ............. . ............ SERVED DATE ORIGINAL •oC)ORDE D SU*JONS EFFBCVIVE NEGOTIATIONS eMD DEED DEED IN OOPY IN OUTLAW DATE Noo uTie.Yi% SIGNED 'iN'eiD • e O e ' � •roe . � e •sae �Smi DATE ORIGINAL RECORDED PARCEL NEGO MS DEED DEED IN COPY IN iiz. �' 114tr f§LfLW0,&n Sjtjn, 7,M:GRI_M CITY'S FILE OUR FIM ml ° 1 Yid G-10 SETTLE, J.E. G-11( BRYANT, KENNETH A. G-11 HUNTA, WILLIAM C. G-11 SUBBIONDO, BLAISE OWNED BY CITY OF NEWPCRT BEACH G-11" NEVIN, ROBERT G-111 NEVIN, ROBERT G-11! G-11E NEVIN, ROBERT NEVIN, ROBERT ...... ........ . . .................. ......... . ............ ------ .. .... . .... .. . .... . ................... .. ......... . -- ---- - ......... ----- G-11 NEVIN, ROBERT . ..... ...... ....... SERVED ORIGMAL •a.•••T. 5M"S EFFECTIVE . •M . }Y. IN COPY .• i. DATE • »s•. E. CUR ME Dip. •.• I e. .. SEINED ORIGII4AL RECORDED SUMONS EFFECTIVE DEED IN COPY IN & ca.2i Awr DATE CM-S FILE OUR FILE & O]P. DIP L \l.iill'Ai. . y 'PJ.. DATE ORIGINAL RECORDED PARM NEGOTIATIONS DEED IN COPY IN MvApfm NAME couyl.M1yO,aO siaum EEcoRDED crry-S FILE OUR FILE SERVED 9ZWKS EFFECTIVE & COMPIAIt?r DATE & Olp OIP G-1421 KAGNOFF, DAVID B. SOLD TO T A DEM EQUITIES D G WHICH APARTMEITS WOLD TO MARINA %PARTMENTS BALBOA APT. G-142 MARINA APARTMENTS 1/30/81 2/5/81 2/11/8 G-142 BALBOA APARTMENTS 1/30/81 2/5/81 /11/81 .... .......... ....... 1 .. .. .. ........ . .. ......... . ....................... . ... . G-142 GRANT APARTMENTS 1/30/81 2/5/81 /11/81 G-143 KAGNOFF, DAVID G. SOLD TO PROSPECT APARTMENTS G-193 G-144 PROSPECT APARTMENTS LAFAYETTE APARTMENTS 1/30/81 1/30/81 1/21/81 1/21/81 ......... .. ... ... - ......... .. ... ...... ......... .. .......... 2/5/81 ---------- - . .. .... ....... . ...... ...... 2/11/81 ........... . . .... . G-145 HUNT, JULIA G-146 HUNT, JULIA ........... r- iser SERVED ORIGINAL RECORDED SU*rNS EFFE)CrIVE IN COPY IN & COMPLAINT DATE CITY'S FILE OUR FILE & 03P, OIP 1ff,TMriTj1,T,v 1/30/81 G-13 TURNBOW, MAURICE G-13-) KAGNOFF, DAVID B. Sold o NEWPORT APARTMENTS 1/30/81 2/5/81 2/11/81 G-137 NEWPORT APARTMENTS ... ... ... . G-138 KAGNOFF, DAVID G. sold to SEASHO RE APARTMENTS G-138 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 '_OASTA1 ARTMENTS ........... ........... .. ... ....... .... . .. ........ .... ...... .......... ___ 2/5/81 .... .............. 2/11/81 .. ............ .. ... ........ .......... ..... .. G-140 COAST APARTMENTS . .......... 1/30/81 1/30/81 G-141 KAGNOFF, DAVID G. I SERVED DATE ORIGINAL RECORDED 5UDt'%I`1S EE'F =IVE PAFCEL NEGOTIATIONS DE® HEED D1 D IN COPY IN 6 C MPPIAINT DATE NUMBER NAME CaAES= .SIGNED RECORDED CITY'S FILE. OUR FILE 6 Dip, DIP ANSWERED DISMISSED . 1/21/81 G -141 HUNT, JULIA G -14 HUNT, JULIA 1/21/81 1/21/81 G -14. HUNT, JULIA HUNT, JULIA 1/21/81 HUNT, JULIA 1/2:1/81 I 4616 WHEN RECORDED MAIL TO: In! '�T CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 (;.ry d t;;mk Gee p No. Z b MAIL TAX STATEMENTS TO- CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 �\C � 05:):) sn 13937 Fc 1916 JR /MM 12/8/80 I?arcel F =1' ' RECORDED IN OFFICIAL RECORD*,_ OF ORANGR COUNTY, CAI IFQRNI^ "llg§ AA FEB 4'81 !EP 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, JAMES M. GAYLORD and ELEANOR P. GAYLORD, 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 eauip- 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 gn 1393J 7PC 1917 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'e:xcluding 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 %'Ij937Po 1013 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 sn 1 7 P 1919 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 surface Pangs- Through Ease- ment has been executed this - L`, . day of 198_. /JAMES M. 4AYLORd v EANOR P. GAYLORD Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: SUBSURFACE PASS - THROUGH EASEMENT (F), Page 4 i S • Parcel No. F -1 LEGAL DESCRIPTION B 13 J3' 7nc 9 9201 Lot 5 in Block 54 of Ocean Front Tract as per Map recorded in Book 4 Page 12 of Miscellaneous Maps records of Orange County, California. EXHIBIT "A" Bn 1 %J 07PC 192 1 DESCRIPTION Oxbow Oil Production Condennation 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 mao 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 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 35007135" 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 SoathernPacific Railroad; thence along said southwesterly prolongation, said 'centerline and I the northeasterly prolongation thereof North 34 024'57" 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 a{tgle 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 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 'Tea West. S. B. M. ; thence along said course South 60 028'13" East, 468.00 feet; thence South 11 000'12" 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 watermark of the Pacific Ocean; thence along said ordinary low water mark North 58 °49105 ". Nest, 1010.89 feet to an intersection EXHIBIT "B" - Page 1 B 1 �J03 7Pc 19 2) 2 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 k, 0 EXHIBIT "B" - Page 2 �i Lry i L 1 A, 3 < "`�' I ij W �I y i O �1 W - 3 v C t c S y� 2g ate$.. .� s� ✓ � '1'�i 01 � `�. � � �e a ,1, W ^ay3 a± Js fi ` W mo V n' r \ is r 1 III L_ : a u F r LU cc YMM li(s YatLSU Q Q Z': �i Y. LL JV O. �y O W.w ;i ail -�'Tz EXHIBIT "C" BK 1 '%'1937mu, 1 924 STATE OF CALIFORNIA ) COUNTY OF O_RANGi ) On ; j -i' •f;_r 1`t' , 19% before me, the under- signed, a Notary Public in and for said State personally ap- peared JAMES M. GAYLORD and ELEANOR P. GAYLORD 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 / /,.,; . , 19 =Pbl OFFMAN N.1- CallfoIN �° FFICE INCOUNTYMy .y 20, 1983 Notary Public in for said County and S e CERTIFICATE OF ACCEPTANCE Government Code Sec. 27.281 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 /.hrc.+rr , 19,qi . SUBSURFACE PASS- THROUGH EASEMENT (E), Page 5 1733: BK 14�55P� 100 JK /MM 12/8/80 rce 1 -F_'.2 WHEN RECORDED MAIL TO: RECDRDEO CITY OF 3300 Newport OBoulevard DfDRANGE OUHTY,�ARFCDNDAS Newport Beach, California 92663 .330 P.4 Oil I3'81 161P j � 'Mr, "�" LEEA BRANC}r County Recorder L C13 MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 Cj 2 2 19 0 V c acr, 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, EDITH M. WILLS, KATHERINE LESLIE JENKIN, A MAR- RIED WOMAN AS HER SEPARATE PROPERTY AS TO AN UNDIVIDED 36% AND CONNABLE FARRINGTON WILLS, A MARRIED MAN AS HIS SEPARATE PROPERTY AS TO AN UNDIVIDED 36% INTEREST, AS TENANTS IN COMMON 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 � 1 BK 14255P0 101 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 1(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 I BK 14255FG 102 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, 1951, 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 14255PG 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. Far er- understands - the - -purpose - €or-w 1rant is and Grantor, for itself, its successor nd assigns, hereby waive claim for and all damage t uch Grantor's property or remain n t contiguous t he Grantor's real property interests hereby f 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 &Sally ey , 1981. EDITH M. WILLS KATHERINE LESLIE JENKIN Grantor CONNABLE FA RINGT N WILLS ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: 200 8 ,42 EES A vf_ . 40,VG /loge }T /.r SUBSURFACE PASS - THROUGH EASEMENT (F), Page 4 103 Vf-IL. 0 STATE OF CALIFORNIA ss. COUNTY OF ORANGE 0 BK 14255Pe 104 On February 8 , 19 81, before me, the under- signed, a Notary Public in and for said State personally ap- peared EDITH M WILLS KATHERINE LESLIE JENKIN AND CONNABLE FARRINGTON WILLS 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 8th day of February 1981• M. C. ----- NEWBERGER NOTARY PUBLIC • CALIFORNIA LOS ANGELES COUNTY My Commission Expires Nov. 11, 1984 Notary Public in an�_d%for said County and State CEFVIFICATE 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. rLIN WITNESS WHEREOF, day of I have hereunto set my hand this 11 H SUBSURFACE PASS — THROUGH EASEMENT (F), Page 5 PARCEL NO. F -2 LEGAL DESCRIPTION BK 14255FO 105 Lot 6, Block 54, 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" • 0 BK 1 4255p 106 DESCRIPTION Oxbow Oil Production Condennation 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 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 tieing a point in the boundary line of the land described in the parcel entitled "E.YHIBIT 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 centerlinu 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 "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 34024'57" 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 Counter 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 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° 2628" West 576. 24 feet" and entitled "North Line of Mean High Tide. Rec. 9/19/28. Bk. 201 -253. OR, Ora. Co. Sup. Court Case No. 23686" on a map filed in Book 27. Page 47 of said Records of Surreys. which point is in the Southerly line of the 80 foot California State Highway as described in a deed recorded in Book 508. Page 65 of Deeds. records of said County: said point being South 830 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 Six South. Range Ten West. S. B. M.: thence along said course South 60 028'13" East. 468.00 feet: thence South 11 °00112" 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 water mark of the Pacific Ocean: thence along said ordinary low water mark. North 58 °49'05 ". West. 1010.89 feet to an intersection EXHIBIT "B" - Page 1 BK 14255PO 107 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 33629'45" East, 376. 20 feet, more or less, to the point of beginnine. CONTAINING 23, 404 Acres, more or less EXHIBIT "B" - Page 2 r: & • 4614 E,YE �,pT WHEN RECORDED MAIL T0: ` C; ; CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 9.2663 Clty C(crk Deed - , . No. Jb MAIL TAX STATEMENTS TO: CITY OF NEWPORT BEACH 3300 Newport Boulerd Newport Beach, Cali ornia 92663 Nle C� �\C ex 7In 1898 JK /MM 12/8/80 Parcel­?—, 3 OF ORC�gDry COUNTY, CIL RECORDS D _)i 3s A.M. FEB 4'81 LEE A. BRANCH, Couft 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, RICHARD L. RIDGWAY and GEORGIANA S. RIDGWAY, 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 sx 13937F-c 13a9 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 Bh I %J %J ( U 1 Q 00 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 ,3JJ; ru 1 90 i 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'; 198L. RICHARD L. RIDGWAY GtORGIANA S. RIDGWAY —� Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT. SUBSURFACE PASS - THROUGH EASEMENT (F), Page 4 BK 13937FS 1902 PARCEL No. F -3 LEGAL DESCRIPTION Lot 1, Block 55, Ocean Front Tract as per map recorded in Book 4, Page 12 Miscellaneous Maps, in the office of the County Recorder, County of Orange, State of California. EXHIBIT "A" B 13 931 7P 0 1 Q03 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 is Book 4, Page 12 of Miscellaneous Maps in the Office of the Count Recorder of said County with the north - eas'teAy 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 point therein; thence continuing along said city boundary South 4'31'33' Last, 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 °26'28" West 576.24 feet" and entitled "North Line of Mean High Tide, Rec. 9/19/28, Bk. 201 -253, OR, Ora. Co: Sup. Court Case No. 23686" on a map filed in Book 27, Page 47 of said Records of Surreys, which point is in the Southerly line of the 80 foot California State Highway as described in a deed recorded in Book 508, Page 65 of Deeds, records of said County, said point being South 83° 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 Six South, Range Ten West, S_ B. M. ; thence along said course South 60' 28' 13" East, 468.00 feet: thence South 11 ° 00' 12" West. 396.95 feet to the intersection of the southwesterly prolongation of the South- easterly line of Lot.5 in Block 54 of said 'Ocean Front Tract, Newport Beach" with the centerline of Ocean Front (formerly Ocean Avenue) as said street is shown on said map of the "Ocean Front Tract "; thence South 11 °00112" 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 039105 ". West, 1010. 89 feet to an intersection EXHIBIT "B" - Page 1 I ";Yi i r BK 109 07Po 1904 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 these of North 33029145" East. 376.20 feet. more or less. to the point oEbeginning. CONTAINING 23. 404 Acres. more or Iess c EXHIBIT "B" - Page 2 Y t, .j. r e • `NY, ` � V ir' U r aw • v� I 3 � + 3 W �\ U 1.'q 3I Y .7 I v —+ . 7 S2 elf Q till a d=9 a -s 9 W z Y 0 a 0 0 �i <_s Y2 m Cr �� so o <s X Ya s uo e- LUM-0 LU W C in YM O < s WWW Z y �LL a: o'er u rl�o< W, (•" i a Z W'Woi STATE OF CALIFORNIA ) zj:. vrx /-_ ) ss. COUNTY OF Qi2ilN6E-" ) BK 13J37Ft- 1906 On 1' 4 1-11: ^N. /G , lg ?j before me, the under- signed, a Notary Public i' for said State personally ap- peared RICHARD L. RIDGWAY and GEORGIANA S. RIDGWAY 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 • 7 day of J ' ROBERT B. HOFFMAN NOtOry pubLC- COIROIn10 pRINCIpAI. OFFICE IN _._ / �/ I LOS ANGELES COUNTY MY C C' ommission Expires MW 20, 1983 Notary Public in for said County and Sete 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 19B /. CTI �vL SUBSURFACE PASS - THROUGH EASEMENT (F), Page 5 113;2 WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 City Clerk Deed '0. MAIL TAX STATEMENTS TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California Y Cl! LCC�trfp`� Nov 2 3 1981 CITY HEWPR1 S' 'EACH, 81( 1 4286P 1572 JK /MM 12/8/80 Parcel F- 4 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA -255 PM Nov 10'81 EXEMPT] C13 tJBrk BRANCH, County Recorder DOCUMENTARY TRANSFER TAX .Computed on the con- 92663 side ration 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, ROBERT W. SCHUMANN, a single man, 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 /dr 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 r, Cj • BK 1 4286p 1578 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 BK 1428GPo 1574 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 1 4286p 1575 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?-IV day of 1981 ROBERT W. SCHUMANN ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: REAL E�q_TAR_ �lE;Tr a9Q S. SFPI11 VFOA , PA44ATTAN BEACH, CA 90266 SUBSURFACE PASS - THROUGH EASEMENT (F), Page 4 Grantor BK 14286Po 1575 PARCEL No. F -4 LEGAL DESCRIPTION Lot 2 in Block 55 of Ocean Front Tract, as per map recorded in Book 4, Page 12 of Miscellaneous Maps, in the office of the County Recorder of the County of Orange, State of California. EXHIBIT "A" BK 1 4286p 1577 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 - easterIty 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 2527, 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 south•,vesterly prolongation of the centerline of-61st Street as shown on a map of "River. Section, Ne:voort 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 °24'37" 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 V36'30' West, 244.09 feet to an angle �oint therein; thence continuing along said city boundary South 4 °31'33' East, 439.65 feet to an angle point therein;thence continuing along said city boundary and the southeasterly prolongation thereof South 20° 11'42" East, 370. 59 feet to the northwesterly terminus of the course shown as "North 60 °26'28" West 576.24 feed'' 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° 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 Six South, Range Ten West, S. B. Al. ; thence along said course South 60 028'13" East, 468.00 feet; thence South 11 °0.0'12" 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 mart North 58 049'05 ". Nest, 1010.89 feet to an intersection EXHIBIT "B" - Page 1 BK 1428GPo 1578 with the southwesterly prolongation of the northwesterly line of Block A -58 as shown on said mao 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 norih•uesterly line of Block A -60 as shown on said mao of the "Ocean Front Tract "; thence along said southwesterly prolongation, said northwesterly line of Block A -60 and the nor heasteriy 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 beginninz. CONTAINING 23.401 ,acres,, more or less I, +. EXHIBIT "B" - Page 2 i BK 1 4286p 1579 i fl. 83 � i Ws s j/ 4 COI I> lf� .]u(f.ii.ltx y 311 � s• - 4: y .( h :� � t 'S •8 N U T= � io .e r1rY 6- S .SI .cl•\ UPI _ C() r t V ..��•'_ Y'Iyb 1 w 't f 1r.rro io nnn r — \\ ` tf (.Ilx ^ v`wlf Oxnxn�x I it ca a< . c i wnf Y tia W <o �. z: LL 0o w<A ¢ Uis EXHIBIT "C]] BK 14286PO 1530 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On /✓ayed fkX— 9, AVI before me, the undersigned, a No- tavy Public in and For said State, personally appeared ROBERT 1-7. SCHUMANN , known t0 me t0 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. Awuamlumtenn iciAL1SEAL OfFIGAL SEAL DOREEN C. BLOW } NOTARY Not dry Public ANGELES COUNTY. Y. ornrnission Expires April 30, 1982 i1111111tt1111111111111t111111111W111W11 -- 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 Maw i� l 96 , 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 (7U - , 19L(. SUBSURFACE PASS- THROUGH EASEMENT (F), Page 5 r 28204+ WHEN RECORDED MAIL '1"0' CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 926.63 MAIL TAX STATE14ENTS TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 VaRDED 10 OF71VAE AECC90 OF 021AGE CDDRTY. CA IMPAIA -. so P MAR20'81 UE A. BRACH, CCLM4 ilKwdBf EUA Nff L C4 BK 13989Po 1560 JK /MM,12 /8/80 P, DOCUMENTARY TRANSFER TAX a .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, WAYMON D. SHEHANE, Trustee of the Shehane Family Trust es- tablished March 7, 1976, by Waymon D. Shehane and Velda C. Shehane, Trustors 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, redr.ill, 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 describled 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 1 n n BK 13989PB 1561 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 BK 13989PG 1562 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 13989PG 1563 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 198/. WAYM N D. SHEHANE Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: SUBSURFACE PASS- THROUGH EASEMENT (F), Page 4 i BK 13989PB 1564 PARCEL F -5 LEGAL DESCRIPTION Lot 3, Block 55 in Ocean Front Tract, in the City of Newport Beach, as shown on a map thereof recorded in Book 4, Page 12, Miscellaneous Maps, records of the County of Orange, State of California_ EXHIBIT A BK 13989Po 1565 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- easte:'ly 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 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 Sout:ern 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 County 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 24igle 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 °28'28" West 576.24 feet" and entitled "Nort h 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 Leeds, records of said County: said point being South 83 °17'15" East as measured along said Southerly line 115.62 feet from its intersection with the centerline running North and South through Section Twenty - nine. Township Six South. Range Ten West. S. B. M.: thence along said course South 60 °28'13" East. 468.00 feet; thence South 11 °00'12" West. 396.95 feet to the intersection of the southwesterly prolongation of the South- easterly line of Lot. 5 in Block 54 of said 'Ocean Front Tract. Newport Beach" with the centerline of Ocean Front (formerly Ocean Avenue) as said street is shown on said map of the "Ocean Front Tract ": thence South 11 °00'12" V,'est. 248.30 feet, more or less. to an intersection with the ordinarf`Iow c:atcrrnark of the Pacific Ocean; thence along said ordinary low water mark North 58 °'49'05 ". West. 1010.89 feet to an intersection EXHIBIT "B" - Page 1 t BK 13989PG 1566 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° 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, 376.20 feet, more or less, to the point of beginning. CONTAINING 23.404 Acres, more or less .t 6. EXHIBIT "B" - Page 2 i ov 1']lTnn__ _ � Lw ` 3 U 8 i O n. n ' , •IY' T C S.. o Q_ =I L_ a I s h ° • � Nz 2 l.• 1H la LUZr 00 si co � \p '. ` � W f rya � a�--♦ -i I i� � j� a ro xa z < o Cl. $e ors <U�o s� v W os W =oz 41L—nz EXHIBIT "C" A • . BK 13989po 1563 STATE OF CALIFORNIA ) } ss. COUNTY OF ORANGE ) On %;r�:r' before me, the undersigned, a No- tar Public in and for said State, personally appeared WA&ON D. SHEHANE , 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 0.s. sL.v I I V LkXA -,�_, WITNESS my hand and official seal. = ROOERT L CARROLL Notory Public - Caiifomia c ^ ^t PRINCIPAL OFFICE IN Notary Public LOS ANGELES COUNTY Y Commission Expires October 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 Z34 day of /el�;2u;4T?y 198, . SUBSURFACE PASS- THROUGH EASEMENT (F), Page 5 Ll 0 28205 BK 1 3989P 156 WHEN RECORDED MAIL TO: CITY OF NE14PORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 MAIL TAX STATEMENTS TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 $EC09DEDINDffICIAI Rf^OROS OF 01111SE CCUAIT7. EaIIFORNIA -2 so Pra t020 181 LEE A. E "r.A11CH, Cuu.^,tty Recorder JK /MM 12/8/80 EXCEMPT C4 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, ROBERT L. MOODY and JANET A. MOODY, husband and wife, as Trustees under Declaration of Trust dated November 8, 1979, 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,'Sta.te 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 sK 13989PB 1570 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 "3" 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 I BK 1 3989P 1571 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 13989po 1572 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 ,23-? day of _;.,,, .,.:Y 1981. (ROBERT L. MOODY/ JANET A. MOODY Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: SUBSURFACE PASS- THROUGH EASEMENT (F), Page 4 I. 1 gK 13989PO 1573 PARCEL No. F -6 LEGAL DESCRIPTION Lot 4 in Block 55 of "Ocean Front Tract, Newport Beach ", in the City of Newport Beach, as shown on a map thereof recorded in Book 4, Page 12, Miscellaneous Maps, records of the County of Orange, State of California. 8k 13989pc 1574 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 Maos in the Office of the County Recorder of said County with the north - easteisly 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.YHIBIT II TO SUBSURFACE EASEMENT" recorded in Book 2527, Page 85 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 34 024'57" 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 4'31133' 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 60'26'28" 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 Sur-,reys,. 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. I14. ; thence along said course South 60'28'13" East, 468.00 feet; thence South 11000'12" 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 watermark of the Pacific Ocean; thence along said ordinary low water mark North 58'49'05 ". West, 1010.89 feet to an intersection EXHIBIT "B" - Page 1 8K 13989po 1575 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 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 ofbeginning. CONTAINING 23.404 Acres, more or less t EXHIBIT "B" - Page 2 BK 13989PG 1576 t � ' 'S 5•p111�.� � S i�1 s ), �M1 i h I ��I lyy lH; • � t •e... �' �:.F yr , ? r ie1 �• , ` o t .ti xvf I _ �'• ___ T 3 r •9 a 1 a LLJ M •� ;i: `3i �!�� o c iil'1 �p :G •' s W Ip 9 U. � V e° •a -5• isU ;� 4,Fns EXHIBIT "C" STATE OF CALIFORNIA COUNTY OF ORANGE On signed, peared BK 13989Po 1577 ss. 19e', before me, the under - a Notary Public in and for said State person lly ap- ROBERT L. MOODY and JANET L. MOODY r :1 � ✓ _ y 9 known to 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 023 day of y_�; , 19 V.11L, 10.4 J GLUM ? ` i Iv SM: D1 COUNTY '{f}' My Commission UP Nov. 15, 1982 7 Notary Pub c in and for said Coudtly 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 %nn._,?. , 19/�` /-. SUBSURFACE PASS- THROUGH EASEMENT (F), Page 5 0 19109 0 c00? 6� WHEN RECORDED MAIL TO: PV CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 City Clerk Deed no. 5� MAIL TAX STATEMENTS T0: • gx 13951 Pc JK /MM 12/8/80 'a►rc82',F- 7 RECORDED IN OFFlCIAL RECORM OF ORANGE COUNTY, CALIFORNIA 'ass �'•(�• FE317'81 EXEMPT C, 2 LEE A BRANCH, County Recorder CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 DOCUMENTARY TRANSFER TAX Computed on the con- sideration or value of property conveyed. Computed on the con- sideration or value less liens or encumbrances re- maining at time of sale. Signature of Declarant or Agent determining tax - Firm Name SUBSURFACE PASS- THROUGH EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, VINCENT J. CITRANO and MARIAN B. CITRANO, 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 substancesr 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 1 282 0 0 . BK 1395 1 Po 283 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 "S," 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 s S 0 BK 13951 PG 284 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 13951 PG 285 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 '::r day of 198/. VINCENT J. CITRANO MARIAN B. CITRANO Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: / ( ._ SUBSURFACE PASS - THROUGH EASEMENT (F), Page 4 LEGAL DESCRIPTION Lot 5 in Block 55 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" 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 - eastei+ly 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 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�r Recorder of said County; thence along said city boundary South 1 036130' West, 244.09 feet to an angle point therein; thence continuing along said city boundary South 4031133' East, 439.65 feet to an angle point therein; thence continuing along said city boundary and the southeasterly prolongation thereof South 200 11142" East, 370. 59 feet to the northwesterly terminus of the 'course shown as "North 60 °26'28" West 576.24 feet" and entitled "North Line of Mean High Tide, Rec. 9/19/28, Bk. 201 -253, OR, Ora. Co. Sup. Court Case No. 23686" on a map filed in Book 27, Page 47 of said Records of Surreys, which point is in the Southerly line of the 80 foot California State Highway as described in a deed recorded in Book 508, Page 65 of Deeds, records of said County, said point being South 839 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 Su South, Range Ten West, S. B. M. ; thence along said course South 60 °28'13" East, 468.00 feet; thence South 11 000'12" 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 I1 °00'12" 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 °49'05 ". West, 1010.89 feet to an intersection EXHIBIT "B" - Page 1 BK 13851 PG 288 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° 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, 376. 20 feet, more or less, to the point of beginning. CONTAINING 23. 404 Acres, more or less 1, 1 EXHIBIT "B" - Page 2 U 0 • EXHIBIT "C" i BK 1395 1 PO 290 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On 19�/, before me, the under- signed, a Notary Public in and for said State personally ap- peared VINCENT J. CITRANO and MARIAN B. CITRANO 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 here an • day of , 19 i. OFF .k IDA M. CLAWSON m NOTARY PUBLIC CALIFORNIA ORANGE. COUNTY My comm. expim NOV 14, 1991 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. ,,,! IN WITNES���WI,HER��EOF, I have hereunto set my hand this /ZZZ day of �, lgiiy. SUBSURFACE PASS - THROUGH EASEMENT (F), Page 5 4615 BK 1 3037Fr' 1907 JR /MM EX 12/8/80 E�"PT Parcel: €- 8 WHEN RECORDED MAIL TO: C 5 RECORDED IN OFFICIAL RECORDS* CITY OF NEWPORT BEACH OF ORANGE COUNTY. CALIFORNIA 3300 Newport Boulevard Newport Beach, California 92663 -]]35 AA FEB 4'$1 i City Clerk LEE A BRANCH, County Retarder Deed No. MAIL TAX 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. !- GO . .Computed on the con- �q Q sideration or value less liens or encumbrances re- maining at time of sale. N�p°R`8 Signature of Declarant or Ca Agent determining tax - - 4' !C\ T Firm Name SUBSURFACE PASS - THROUGH EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, JACOB MAARSE and CLARA MAARSE, husband and wife as com- munity 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 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 BK 1 3,0 %7FG 1008 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 Bra 1 %3J37PC 19 0 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 r. BK 1 �0 %.1/ 1 9 1 0 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 - went has been executed this[:,--,, ,�. . day of 198_. CLARA MAARSE ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: SUBSURFACE PASS - THROUGH EASEMENT (F), Page 4 Grantor 4 PARCEL No. F -8 LEGAL DESCRIPTION BK 1.'.037PG 1 1 1 Lot 6 in Block 55 of "Ocean Front Tract ", Newport Beach, in the City of Newport Beach, County of Orange, State of Califor- nia, as per map recorded in Book 4, page 12 of Miscellaneous Maps, in the office of the County Recorder of the County of Orange, State of California. r • BK 73937PG 1 0 - 1 2 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 "; Begiaringat 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 - 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 35 007'35" 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 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 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 Si-,,: 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 11000112" West, 248.30 feet, more or less, to an intersection with the ordinary low v:atermark 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 I Bh v9V/ U 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 029145" East, 376.20 feet, more or less, to the point of-beginning. CONTAINING 23.404 Acres, more or less k: EXHIBIT "B" - Page 2 U i r pp s� xY yy I � sS 1.11 p Z ♦ • "1 a o i ' w 20 LL k4 Lu Et ..,n1 I x sr• it " $Ix ° � V .i � A�� _ ,,ii mss' ,(,y^^1 r•_ m ` � N �uwn Yh W > °�\ a 9 W_ O Z s} LL t+ ¢'O a• 4 r o' o 41�"•wi EXHIBIT "C" B 7F� 19 15 STATE OF CALIFORNIA ) ss. COUNTY OF ORAMGE'�' ) '7 , On Z ,_,,�i.,� -�,> , 19�, before me, the under- signed, a Notary Public in and for said State personally ap- peared JACOB MAARSE and CLARA MAARSE 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 4.4niROBERT B HOEEMAN on Notary :Public CaidornFo PRINCIPAL OFFICE IN LOS ANGELES COUNTY Notary Public in ar for said Ex&ft May 20, 1983 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 ✓ ac�rla.0 , 199/ . SUBSURFACE PASS - THROUGH EASEMENT (F), Page 5 282,00 BK 13989Po 157E JK /MM 12/8/80 WHEN RECORDED MAIL TO: EXE MPT X 81 F -10 t CITY OF NEWPORT BEACH C4 ?,4iced F =11 3300 Newport Boulevard RECORDEDiMOfPCIALRECO?{bS Newport Beach, California 92663 OF ORANGE COUNTY. CAUFO:V41A -3 ,24 Pit t4AR20'81 City Clerk Deed eeJS �S LEE A. 8Rfl'r:CH, County RzcordA MAIL TAX STATEMENTS TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 DOCUMENTARY TRANSFER TAX Computed on the con - sideration or value of property conveyed. . . .Computed on the con- sideration or value less liens or encumbrances re- maining at time of sale. Signature of Declarant or Agent determining tax - - Firm Name SUBSURFACE PASS- THROUGH EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, IRENE M. NEWSOM as Trustee for STELLA L. MONTGOMERY, U/T dated December 14, 1964, 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, coerate, 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 - THRCUGH EASEMENT (F), Page BK I 3 989PG 1579 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 *c* 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 BK 13989PG 1580 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 is 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 13939Po 1581 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 wharein 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 17th day of February 198-VA '7` 7 IRE14E M. NEWSOM as Trustee for STELLA L. MONTGOMERY Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: 970-"= a = 91 en' IME p Mod irml SUBSURFACE PASS — THROUGH EASEMENT (F), Page 4 r. BK 13989PG 1582 PARCEL NOS. F -9, F -10 and F -11 LEGAL DESCRIPTION Lots 1, 2 and 3 in Block 56 of the Ocean Front Tract, in the City of Newport Beach, as shown on the map thereof re- corded in Book 4, Page 12 of Miscellaneous Maps, records of the County of Orange, State of California. EXHIBIT "A" 8K 13989pe 1583 DESCRIPTION Oxbow Oil Production Conderna 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 - eas'terily 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 Boundar- y 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; (hence along said city boundary South 1 °36'30' West, 244.09 feet to an angle ?oint therein; thence continuing along said city boundary South 4 °31'33' East, 439.65 feet to an a{igle 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 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 ll'00112" 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 11 600'12" West, 248.30 feet, more or less, to an intersection with the ordina; f log, :eatcrmark of the Pacific Ocean; thence along said ordinary Icw water mark North 58 °49'05 ". West, 1010.89 feet to an intersection EXHIBIT "B" - Page 1 BK 1398 9p 1584 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 °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 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 oP beginning. CONTAINING 23.404 Acres, more or less �, i. EXHIBIT "B" - Page 2 r.A '1. Ila EXHIBIT "C" 8K 13989po 1585 Qzz. Z f. U u ig Jx O Jx Ff X' No UJ Had LLA -C co cz: tu z ZaN I° STATE OF CALIFORNIA COUNTY OF �D4�Neles ) ss. BK 13989po 1586 On February 17th , 198L, before me, the under- signed, a Notary IRENE Public in and for said State personally ap- peared M. NEWSOM as Trustee for STELLA L. MONTGOMERY, Known to me to be the person(s) whose name(s) are subscribed to the within instrument, and acknowledged that she exe- cuted the same., as such trustee -- IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of February , 1921 . \ h E a CKU SON Cc ifcrnia CMCE IN Icy Co!ml;roii): vchC 28,'l'8I Notary Public -in and for said County and State CERTIFICATE OF ACCEPTANCE Governrn- -nt 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'S WHEREOF, I have hereunto set my hand this day of DC SUBSURFACE PASS - THROUGH EASEMENT (F), Page 5 S��No ar�t[ifl� � TLLCKt-1e WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California it ). A F MAIL TAX STATEMENTS T0: 83- 551621 92663 CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 JR /MM 12/8/80 Parcel F -12 RECORDED IN OFFICIAL RECORDS Of DUN[ COUNTY, CALIFORNIA -150 PM DEC 2'83 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 i FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, JOHN J. HILL, a single man, and EUGENE H. HILL, a single man, 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 MAIL TAX STAWAENU As DHIECKID AIIIIMI! C.r 'l 83- 551621 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 Grantor, and prorate accordingly. such rights as are granted herein by the compensation accruing to Grantor 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 83- 551621 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.yubsurface P ss -Th ough Ease- ment has been executed this //, day of` , 198 .1. •a i • F EUGENE H. HILL Grantor i ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: 0 6 7 / 9/7 SUBSURFACE PASS - THROUGH EASEMENT (F), Page 4 F" 4 0 L STATE OF CALIFORNA 1 couNwoF SAN BERNARDINO J Ss. the State personally appeared 83-551621 A ed. a Notary Public in and for said . Hill personally known to me (or proved to me on the basis of satisfactory evidence) to be the person S whose name are subscribed to the within instrument and acknowledged that they executed the same. WITNESS my hand and official seal. THOMAS D. KENNELLY i Notory Rublic- Coiitornq Signature Ifs—i '` -4 pRINGIFAt OFFICE IN Thomas D. Kennelly In ionEwl.�Ot�i gas Name (Typed or Printed) PR-43 (10) Rev. 6$2 (This area to( official seal) CERTIFICATE OF:ACCEPTANCE Government Code Sec. 27281 This is to certify that the interest in real property conveyed by the Deed as set forth above to the CITY OF 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 WITNES5,WHEREOF, I haVe hereunto set my hand this a r day of , 19 c SUBSURFACE PASS - THROUGH EASEMENT (F), Page 5 . PARCEL No. F -12 LEGAL DESCRIPTION Lot 4 in Block 56 of "Ocean Front Tract" as shown on a :Zap recorded in Book 4, page 12 of Miscellaneous Maps, records of the County of Orange, State of California. EXHIBIT "A" 83- 551621 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 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 - easteriy 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 I 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 4.31133' East, 439. 65 feet to an angle point therein; thence continuing along said city bound_ ary 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 Line of Mean High Tide, Rec. 9119/28, 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 830 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 Six South, Range Ten West, S. B. M. ; thence along said course South 60 028113" East, 468.00 feet; thence South 11°00112" 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 000112" West, 248.30 feet, more or less, to an intersection-with the ordinary low watermark of the Pacific Ocean; thence along saidordinary low water mark North 58 °49105 ". West, 1010. 89 feet to an intersection EXHIBIT "B" —Page 1 83- 551621 with the southwesterly prolonFatibr..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° 10105" 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 k: EXHIBIT "B" - Page 2 83- 551621 1 did r ` t %9: n I lK j •� 1+ I a w. rx+ s • 1 Z(f a y > .•'�.� as - .. Y Y Ji p �a •' � � x I I 3 y ^' s ;� � w .a • CYi ws is FS �2 ae4_ ei a T � •ys �L I J � /\ rd y`i: • T .g:: q Ida vt u.i ma` iz i I� R.1 49 LLo1 4 �1F�s EXHIBIT "C" RECORDING • RFOUFSTED 8% �w 12�,e� � y� yl WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California MAIL TAX STATEMENTS TO: a4- 45'555 EXEMPT C5 (Ity Glerk Ceed p 92663 E XOn i3 T 6011. CupL CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 Np�,3p 1 C,i���° 984 . J K7P[Si 12/ a / s 0 Parcel F -.13 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY. CALIFORNIA -1222 Pld NOV 6'84 r / cOU "r. 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, WILLIAM M. MEYER, a single man, 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 .. 6 84 -4575 C r 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. S 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 perce':nt (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 \ �u 0 84- 457541 C C 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 84- 4575559 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 meat has been executed this %?P � day of �D(/ , , 198 31/S' 3z ,290 110�a� <)/;, Social Security No. WILLIAM M. MEYER Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT. wo2Lo W P911*t_ r-744-`1i -1r A - P- 0. 6�aC �O�loZ LA- CA 01,00011 SUBSURFACE PASS- THROUGH EASEMENT (F), Page 4 84- 45754 PARCEL F -13 LEGAL DESCRIPTION r Lot 5 in Block 56 in Ocean Front Tract, in the City of Newport Beach, as per map as shown recorded in Book 4, Page 12 of Miscellaneous Maps in the office of the Recorder of the County of Orange, State of California. r ' EXHIBIT "A" • 84 -4575 DESCRIPTION C_ 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 - easteFsy boundary line of said 'Ocean Front Tract ". said point of begin- ning tieing 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 81st 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 SouthernPaci €icRailroad ;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 County Recorder of 'said County: thence along said city boundary South 1 °36130' 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 20° 11142" East. 370. 5;5 feet to the northwesterly terminus of the "course shown as "North 60 °26'28" West 576.24 feet" and entitled "North Line of Mean High Tide. Rec. 9/19/28. Bk. 201 -253. OR. Ora. Co. Sup. Court Case No. 23686" on a map filed in Book 27. Page 47 of said Records of Surreys. which point is in the Southerly line of the 80 foot California State Highway as described in a deed recorded in Book 508. Page 65 of Deeds. records of said Countyc 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 Su 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 southtvesterl 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 watermark of the Pacific Ocean: thence along said ordinary low water mark North 58 049105 ". West. 1010.89 feet to an intersection EXHIBIT "B" - Page 1 - I i 84- 45 ?55` 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° 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, 376.20 feet, more or less, to the point of beginning. CONTAINING 23.404 Acres, more or less EXHIBIT "B" - Page 2 • 84 -45751 L 111 ;rL. ta.�aa ,1 x V4.ioap+ N s .�•'3 lr 1L! I as a �• -�lua. �__..� Y 4 � I� I� s W ~ `'(•• +Sf y °S ^ if a «.ao L� m � g�.o 1: 's s °', .'• 591 I , 1« I' s F i e W .y "``� sa:o• ! ua ».. »,1» i ::, a a,ww» g . 6 j J �. " <y I 1� a. v q i to g F u l J r.. ac I = 0 • .past° r agJ ,,s�tc•' � rl W l- 8y a« " f, x cc IC �' 0. °i }1a Yti II ly nw3 LU ei a a LY a: a his EXHIBIT "C" STATE OF CALIFORNIA COUNTY OF _ CALIFORNIA } SS. 84 -45*55 On November 1, 1984 before me. the undersigned. a Notary Public in and for said State. personally appeared WILLIAM M. MEYER . personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged that he exe- cuted the same. WITNESS my hand and official seal. Signature,�`T (Thu area for official notarial seal) CERTIFICATE OF ACCEPTANCE Government Code Sec. 27281 This is to testify 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 I " ` , and the Grantee consents to recordation thereof by its duly authorized officer or agent. IN WITNESS WHEREOF, I have hereunto set my hand this .,t day of 1 19F4( r i 84- 518103 Cxtw& Pf WHEN RECORDED MAIL TO:, CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California MAIL TAX STATEMENTS TO: 92663 CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 l�P .a EXErr1PT� C14 6103 .. JK /MM 12/8/80 Parcel F -14 RECORDED IN OFFICIAL' RECORDS OF ORANGE COUNTY. CALIFORNIA PtA DEC 14'84 COUNTY RECONOEA 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, MEDFORD N. BRAGG 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 acid 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 EASE ?TENT (F), Page 1 ' 84- 518103 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 W--.& 84- 518103 ant to California Code of Civil Procedure Sections 1036, 1263.410, 1263.420, 1268.610, 1.268.620 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 C3 day of Llee , 198 MED N. BRAGG Grantor S� 'Vc- ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: /yIED�� n . EW4E?' I� KZ SUBSURFACE PASS - THROUGH EASEMENT (F), Page 4 84- 518103 PARCEL F -14 LEGAL DESCRIPTION Lot 6, Block 56 of the Ocean Front Tract, in the City of Newport Beach, as shown on a map recorded in Book 4, page 12 of Miscellaneous Maps, in the office of the County Recorder of Orange County. EXCEPT THEREFROM all oil, gas, minerals and other hydrocarbon sub- stances lying below a depth of 500 feet without any right to. enter upon the surface or-the subsurface of said land above a depth of 500 feet, as provided in instruments of record. EXHIBIT "A" ti 4 84- 5181.03 4 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 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 \daps in the Office of the Count Recorder of said County with the north - easter�ly 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 e.. ^.titled "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 Mans with the Southwesterly boundary line of said "River Section ". said southwesterly boundary line being the southwesterly right -of -way line of the Southern Pan.ific 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 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 apgle point therein; thence continuing along said city boundary and the southeasterly prolongation thereof South 20° 11112" East. 370. 59 feet to the northwesterly terminus of the course shown as "North 60 °2 &'28" West 576.24 feet" and entitled "North Line of Mean High Tide. Rec. 9/19/28. Bk. 201 -253. OR. Ora. Co. Sup. Ccur' 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 Leeds. records of said County. said point being South 83 °17'15" East as measured along said Southerly line 115.62 feet from its intersection with the centerline running North and South through Section Twenty, -nine. Township Six South. Range Ten West. S. B. M.; thence along said course South 60° 28`13" East. 468. 00 feet; thence South 11° 00' 12" West. 396. 95 feet to the intersection of the southwesterly prolongation of the South- easterly line of Lot.5 in Block 54 of said 'Ocean Front Tract. Newport Beach" with the centerline of Ocean Front (formerly Ocean Avenue) as said street is shown on said map of the "Ocean Front Tract "; thence South 11 000'12" 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 marl: North 58 °49'05 ". West. 1010.89 feet to an intersection, EXHIBIT "B" - Page 1 84- 518103 with the southwesterlyprolonFation 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 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, 376. 20 feet, more or less, to the point of beginning. CONTAINING 23.404 Acres, more or less EXHIBIT "B" Page 2 0 1-518103 tit I m �Ppo. m pp ax fIIp IP U •1• It X W. t 14 UJ t Lj 101 7 wns Mt iACaYS,. LL. uj .0 EXHIBIT "C" i - 84- 518103 STATE OF CALIFORNIA COUNTY OF ORANGE } Ss. On December 3. 1984 before me. the undersigned. a Notary Public in and for said State, personally appeared mrnFnR0 Al PRAe -r, . personally known to me or proved to me on the basis of satisfactory evidence to be the person_whosc name i3 subscribed to the within instrument and acknowledged that he exc- cutcd the same. WITNESS my hand and official fs seal, . Signature �_ CFRCIA EEL ' q"' tMORY CROSBY O h'.✓'��T"" I Tf RY 7UCL C C1 1FGRHIA I rR 4CIPA! l rl t IN c Up. fl.a. l?. 1585 (This area for official notarial am]) 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 , 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 19 �Ly L ROBERT L. WYNN CITY 14ANAGER CITY OF NEWPORT BEACH 7 JK /MM 12/8/80 8arce 1 F- 15 WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH RECORDED IN OFFICIAL RECORDS 3300 Newport Boulevard OF ORANGE COUNTY. CALIFORNIA Newport Beach, California 92663 [!C EPr'�T •llss A.M. FEB 4'81 City Clerk LEE A BRANCH, County Recorder Deed No. �f6 MAIL TAX STATEMENTS T0: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 roc 101 `� c51 2� FAO can °g�ysa�. 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, KENNA14 W. WALKER and DORA E. WALKER, 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 r a BK 13037PO 1846 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 l.',0317Fu ] 847 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 20th day of January , 1981. . z KENNAN W. WALKER DORA E. WALKER Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: Mr. and firs. Kennan W. Walker 8469 to Vela Drive Whittier, California 90605 SUBSURFACE PASS - THROUGH EASEMENT (F), Page 4 BK t 2C 37Po 1848 PARCEL No. F -15 LEGAL DESCRIPTION Lot 1 in Block 57 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 W Y �A BK 1 3J37P6 13 4 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 County 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" recopied in Book 2627. Page 86 of Official Records of said County; thence along said last mentioned boundary line . through the following courses: North 35 007135" 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 °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 °36130' West. 244.09 feet to an angle Point therein; thence continuing along said city boundary South 4 031'33' 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 terminus of the 'course shown as "North 60 °26'28" West 576.24 feet" and entitled "North_ Line of glean Htgh Ttde. 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 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'(2" 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 watermark of the Pacific Ocean; thence along saidordinary low water mark North 58 °49105 ". West. 1010.89 feet to an intersection EXHIBIT "B" - Page 1 0 BK 13193 7 PC 1850 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* 10105" 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 I ti, EXHIBIT "B" - Page 2 _ p +r r,9 1 v n, bl n 2 t f` f pie de 1_ a 4 �r 4 L 1 Y�1 i lK W = ` y c 6 3= ° u :a V °o lK 3' yv O = a. -f. Ll 'g � ✓ 4 J"�"i yl ' � 1. ^ � Ire. "o 2 4� pp 1 1 e • :+ 33 I � ¢ W 6 W cc Alp a ,° w O S. W W s t'V ii aj a:W e� EXHIBIT "C" On January 20 -, 1981, before me, the under- signed, a Notary Public in and for said State personally ap- peared KENNAN W. WALKER and DORA E. WALKER 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 20th day of January , 1981. Kivion ExpilCS 1dacA 28; t981 C Not dry Pdb i 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.. `Z IN WITNESS WHEREOF, I have hereunto set my hand this — day of ..�4,v.;.)n y , 199/. SUBSURFACE PASS - THROUGH. EASEMENT (F), Page 5 ,, i i 10 0 o �O WHEN CITY 3300 MAY 7 04" KEI\s CITY f;�� ►++�,c: TO: MAIL TAX STATEMENTS TO: 84- 133368 JR /MM 12/8/80 EXEhtPT Parcel F- 1 _ C10 RECORDED Rd OFFICIAL RECORDS OR ORANGE COUNTY. CALIFORNIA is 92663 crty Clerk -3 LO PM W30'84 Deed No. �� + a COUNry ' ""�^�-"�/ RECORDER DOCUMENTARY TRANSFER TAX CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 .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, WILLIAM H. JACOBY and MMIDRA MARY JACOBY, Trustees of the WILLIAM JACOBY FAMILY TRUST, dated July 21, 1977, as owners of a 1/2 interest in certain subsurface rights, and JOHN J. RENIMM and MAXIM HAGEN R12VaKEt, husband and wife, as owners of a-1/2 interest in certain subsurface rights, as tenants in camun, 1,1x6B�1bsficoer�, co � 219, in Book8pPi 253l0fial Records of deed 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 I 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 84- 133368 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 unto 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 r v 84-133368 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, thirYbsurface lass -TT rough Ease- ment has been executed this 9 day of ���`^� -f , 198/. WILLIAM H. JACOBY Tk SiCC ` KENDRA MARY J OBY TF6 rantor ADDRESS OF GRANTOR TO WHICH COMPENSATION Jacoby) PAYMENTS ARE TO BE SENT: c.fl u r f 2 4- W� I JOHN. J. RENAKER AR5, MARINE GEN RENA6ER Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION (RENAKER) PAYMENTS ARE TO BE SENT 335 Sunset Drive Encinitas, CA 92024 SUBSURFACE PASS - THROUGH EASEMENT (F), Page 4 84- 133368 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On November 21, 1983, before me, the undersigned, a Notary Public in and for said State, personally appeared John J. Renaker and Maxine Hagen Renaker , proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same. WITNESS my hand and official seal. THOMAS D. KENNELLY � Notary Public - Califomlo SlgnatUre - PRINCIPAL LOS ANGELES COUNTY OMy ." ion Expire, October 14, 1986 Thomas D. Kennelly (Seal) (Individual) rSTATE OF CALIFORNIA COUNTY OF Orange }SS. On March -6.r 1981 -- before Slate, personally appeared W11 lam H. Jacoby Y r Y l to be the person S whose name S a£0 subscribed to the within instrument and acknowledged that executed the same. WITNESS my hand and official seal. Signature Maly Name (Typed or Printed) me, ancthe said known to me OFFICIAL SEAL MARY GERUM c NOTARY PUBLIC- CALIFORNIA ORANGE COUNTY My comm. expires NOV 24, 1981. 3215 wast l4'arner PWt=. Saeb Ana, CA 92104 (This area for official notarial Teal) 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, d this , day of 1983. Subsurface Pass - Through Easement (F), Page 5 EL-133368 Parcel No. F-16 LEGAL DESCRIPTION Lot 2 in Block 570f"Ocean Front Tract, Newport Beach" as per map recorded in Book 4, Page 12 of Miscellaneous Maps records of-the County of Orange, State of California. EXHIBIT "A" �1 84- 133368 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 ": Begianingat 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 - easteriy 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 007135" 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 inBook 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 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 °26128" 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 028113" 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 watermark of the Pacific Ocean: thence along said ordinary low water mark North 58 049105 ". West, 1010.89 feet to an intersection EXHIBIT "B" - Page 1 ,i 9 N I i X°SI ��, S �•� - y ¢S ' 4 f4 Jy a =i ¢ I11 •�5 y 4 Y : I a At a 2 s � N h \. i• }9 C v y�1 h C/� M : e e A 'a1 ?.P.N.1i• iii0 • W, �L ^ 4 f i ,. xi caw .g I Ih" 3ai FE LU ul . :, z., w.xm, EXHIBIT "C" BK 1 4255P 82 17330 JK /MM 12/8/80 Parcel F- 17 = WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California �92663 bocci iGINAL r'°tQ /6/9` C9 MAIL TAX STATEMENTS TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA -3 so PM OCT 13'81 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, DONALD M. KOLL and DOROTHY B. KOLL, as Co- Trustees of The Koll Family Trust, dated December 14, 1976, 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 • BK 14255Pa 83 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 BK 14255P6 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 s • • BK 7-4255F6 8-5 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" s- Through Ease- ment. has been executed this /_)jA day of DONALD M. KOLL, Trustee DOROTHY B. KoLL, Trustee Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: 7 �0 vl% C,o SUBSURFACE PASS— THROUGH EASEMENT (F), Page 4 • A I P • STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) • BK 14255PG 8S On i „:. 19,Y//, before me, the under- signed, a Notary Public in and for said State personally ap- peared DONALD M. KOLL AND DOROTHY B_ KnT.T. as Co- Trustees of the Koll Family Trust, dated December 14, 1976 known to 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 WHEREOF, I have hereunto set my hand this day of OMIAL SF:AL KAREN L. KIRCHOFF' NOTARY PUBLIC -CAIJ A Potary Public in and f � PRINCIPAL U IN Said ORANGE COUNTY County and State , My Commission Esp. Au& 12,1983! 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. 3 IN o WITNESS WHEREOF, I hi3ve hereunto set my hand this y vr,t , 19d SUBSURFACE PASS - THROUGH EASEMENT (F), Page 5 PARCEL No. F -17 LEGAL DESCRIPTIONS • BK 14255Po 87 Lot 3 in Block 57 of Ocean Front Tract, City of Newport Beach, County of Orange, State of California, as shown on a Map recorded in Book 4, Page 12 of Miscellaneous Maps, Records of Orange County, California. EXHIBIT "A" I. 0 0 BK 14255PS 88 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 inte rsection 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 - easter+ly 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 Surreys 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 4031133' 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 High Tide, Rec. 9/19/28, Bk. 201 -253, OR, Ora. Co. Sup. Court Case No. 23686" on a map filed in Book 27, Page 47 of said Records of Surreys, which point is in the Southerly line of the 80 foot California State Highway as described in a deed recorded in Book- 508, Page 65 of Deeds, records of said County; said point being South 83 °17'15" East as measured along said Southerly line 115.62 feet from its intersection with the centerline running North and South through Section Twenty -nine, Township Six South, Range Ten West, S. B. M. ; thence along said course South 60.28'13" East, 468_00 feet; thence South 11 °00'12" West, 396.95 feet to the intersection of the southwesterly prolongation of the South- easterly line of Lot. 5 in Block 54 of said 'Ocean Front Tract, Newport Beach" with the centerline of Ocean Front (formerly Ocean Avenue) as said street is shown on said map of the "Ocean Front Tract "; thence South 11'00'12" West, 248.30 feet, more or less, to an intersection with the ordinary low watcrmark of the Pacific Ocean: thence along saidordinary low water mark North 58 049105 ". West, 1010.89 feet to an intersection EXHIBIT "B" - Page 1 BK 14255Po 89 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 y: EXHIBIT "B" — Page 2 BK 14255Po 90 If q p •� i i ♦ � a O � p ° dG i •I • n S a = i %.% - � IV I l' - � ` W zo Vii: •e � ;�� iI4 •V��"• W •$� i.N.L{ .J Ci • M'• .A • i W T ' lw r'P•. t I V iW •_ �^ ••yyA ♦ I v I Fm•• Al 41.I.0 Q•' W Y °w s Y 9a � •� a. s �'!' `o W o� s LA{ h�i ti �y kLu of \�f••n2 EXHIBIT "C" EK 1 4020 Pu 15 4 0 17582 kzEospGg� Parcel. F 8 12/8/80, WHEN RECORDED MAIL TO: Y OF NEWPORT BEACH 30 Newport Boulevard UECOgoto IB CFFICIAI AE Cs N V� rt Beach, California 92663 O� sECtuyn.GUFCan:" (.. Yl. p tTi =V'ft J r` arty Clerk P� `rr Deed EXEMPT£ MAIL TAX 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, HAROLD M. LINICK and MADELINE LINICK, as trustees of the -arold and Madeline Linick Inter -Vivos Trust Agreement, dated September 3, 1975, hereby GRANiT(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, oper—e, produce, dismantle (remove casing and other equip - ment from), 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 - through easements ( "Grantor's real property" herein) at a dapth not less than Four Hundred (400) feet measured ver- t ica_'. below the surface thereof, a well or wells for the purccse of exploring for and /or producing oil, gas and /or otter tydrocarbon substances; the easement and right of way gran ed ':herein shall lie under that certain parcel of real preae_ty situated in the City of Newport Beach, County of Ora:ce, State of California, and more particularly described in Ex-,-"Zit "A" to this Deed and such description by this re- ference s made a part hereof as though set forth at length. SUBSUR=:.CE PASS - THROUGH EASEMENT (F), Page Z BK 14020 PG 154 1 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 offs 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 sir.:ple 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, howev =_r, 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 4 -020 P6 1542 mineral rights, severanbe, 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 transporti.ng 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. a d 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 domai^ 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 z BK 1 4020p6 1543 ant to California Code of Civil Procedure Sections 1036, 1263.410, 1263.420, 1768.610, 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 PasU- Through Ease- ment has been executed this /9 day of 19V . i �AR OLD M. LINIQI' MADELINE LINICK 1 Grantor �fJSlee ADORZSJ OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT:. SUBSURFACE PASS - THROUGH EASEMENT (F), Page 4 BK 14020 Po 1544 PARCEL No. F -18 LEGAL DESCRIPTION Lot 4 of Block 57 of "Ocean Front Tract Newport Beach" as per map recorded in Book 4., Page 12 of Miscellaneous Maps, in'the Office of the County Recorder, County of Orange, State of California.. EXHIBIT "A" 0 • BK 1 4020 pe 1545 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 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 - 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 "&M-.1-91T entitl"&M-.1-91T 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 35007135" 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 10 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 glean 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 Surrevs, 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 830 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 S_: South, Ran,,- -e Ten West, S. B• M. ; thence along said course South 50° 28' 1 ;" East, 463. 00 feet; thence South I V 00' 12" West, 396. 95 feet to the i-ie.,ection of the southwesterly prolongation of the South - eas:erly 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°001:2" :'Wes:. 243.30 feet, more or less, to an intersection with the ordina 1c-.v watcr mark of the Pacific Ocean; thence along said ordinary lo%v water Mark North 58 °49'05 ". West, 1010.89 feet to an intersection EXHIBIT "B" - Page 1 BK 1 4020 Pc 1 546 with the southwesterly prolongation of the northwesterly line of Block A -5a 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 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. r. CONTAINING 23. 404 Acres, more or less .ti i EXHIBIT "B" - Page 2 i BK 1 4020 P6 1 547 I Yl .iii s Va i r" U !/ D 2'L� a f I �a� •w W ixI y 4yx � <; U W �C 3 +hs+>� XX NZ ran r o_ ; ll tt.e �� = w � ,ICI! i = 11 U uj tIII ca .+ ♦ r+-- �4, ,rtraaxtasn . ' � W» i s Z+< LL, o. -v U s� rJ u W =T I V C�113 EXHIBIT "C" S BK 14020P6 1548 STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On �� ��:�� /i - 19;x, before me, the under- signed, a Notary Pubic in and for said State personally ap- peared HAROLD M. LINICK and MADELINE LINICK as Trustees of the Harold and Madeline Linick Inter —ViVOS Trust Agreement dated September 3, 1975 known to me to be the person(s) whose names) are subscribed to the within instrument, and acknowledged that th4— exe- cuted the same. �FrtciAt. SEAL -,�. D GF.RSTEIJ cTaarvv ©.c- cauvoz�ia Notary Public in and for said LOS Atiu °_LFe COUi7Ty County and State jT jz" My vMM. e1XP1res DEC 28, 1931 v 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 res.olution.by the City Council dated May 13, 1968 , and the Grantee consents to recordation thereof by its duly authorized officer or agent. IN WITNESS WHER PF, I have hereunto set my hand this C3v of SUBSURFACE PASS - THROUGH EASEMENT (F), Page 5 IN WITNESS WHEREOF, I have hereunto set my hand this day of 19-LI. �FrtciAt. SEAL -,�. D GF.RSTEIJ cTaarvv ©.c- cauvoz�ia Notary Public in and for said LOS Atiu °_LFe COUi7Ty County and State jT jz" My vMM. e1XP1res DEC 28, 1931 v 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 res.olution.by the City Council dated May 13, 1968 , and the Grantee consents to recordation thereof by its duly authorized officer or agent. IN WITNESS WHER PF, I have hereunto set my hand this C3v of SUBSURFACE PASS - THROUGH EASEMENT (F), Page 5 4613 E� WHEN RECORDED MAIL TO: C5 CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 cry Clerk Deed No. /S /7c MAIL TAX STATEMENTS TO: CITY OF NEWPORT BEACH 3300 Ne ulevard NewpgPhlifornia 92663 x, BK 1393 -/7pG 11 u319 JR/MM 12/13/80 Pace l F 19 �. RECORDED IN OFFICIAL REC0R03Y O'%'N'GE COUNTY, CALIFORNIA .112s A.M. FEB 4'81 WE A. BRANCH, County Recorder DOCUMENTARY TRANSFER TAX Computed on the con- sideration or value of property conveyed. Computed on the con it 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, BERNARD J. BANNAN and CATHERINE L. BANNAN, husband and wife as community 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 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 BK 13037PG 1890 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 s' BK 1 %937FG 1 30 9 1 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 r. BK 13937pe 18 9 ant to California Code of Civil Procedure Sections 1036, 1263.4.10, 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 ss- Through Ease- ment has been executed this 2day of 1981. HER 14ARD J. B eG . ,d ,,.,�/ CATHERINE L. BANNAN Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: Mr. and Mrs. Bernard J. Bannan 1000 Buena Vista Avenue South Pasadena, California 91030 SUBSURFACE PASS - THROUGH EASEMENT (F), Page 4 BK 1 3) J37PC 18 9 PARCEL No. F -19 LEGAL DESCRIPTION Lot 5 in Block 57 of Ocean Front Tract as per map recorded in Book 4, page 12 of Miscellaneous Maps, in the office of the Recorder of Orange County, State of California. EXHIBIT "A" 0 0 BK l 33031 pro 18 9 4 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 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 - eastefiy 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: .forth 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 °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 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 °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. Sun. 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 i1000'12" West, 396.95 feet to the intersection of the southwestert 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 watermark of the Pacific Ocean; thence along said ordinary low water marl: North 58 °49'05 ". West, 1010. 89 feat to an intersection I BK 13087n 1805 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° 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,. 376.20 feet, more or less, to the point of beginning. CONTAINING 23. 404 Acres, more or Iess k: EXHIBIT "B" - Page 2 i W / � Iz a {'��•. O �yg P �... S1 T w N ci 3 <" '] a a • V E � � s i .wj',�n° a0 02 gL Vii. w''ba • jsss 'C` I : °> ti z X.5 LLI mm m r iij :$.�a �✓ W w i Iii. ••w PIR _ • x h ♦ m t� o ` ys. 2 am .i w W °o• 411= —ni EXHIBIT "C" BK 1393/ 1897 STATE OF CALIFORNIA } Los Angeles J ss. COUNTY OF On January 22, , 1981, before me, the under- signed, a Notary Public in and for said State personally ap- peared BERNARD J. BANNAN and CATHERINE L. BANNAN 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 22d day of January , 1981. ' h NICKERSON [ tlt I ?AL DFFIC. IN ` " s fO N to Public in and for said �'�'Y Comma. oo ..�,. es Mach 28, 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 199 i. (�t"l SUBSURFACE PASS— THROUGH EASEMENT (F), Page 5 4612 WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 MAIL TAX STATEMENTS TO: EXEMPT C5 CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 q* c t BK 1 � , �/ FU 1 0c"j0 JK /MM 12/8/80 Parcel F- 20 PCMED OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA -U35 A.M. FEB 4'81 (EE 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, BRUCE L. NORDLUND and MARCIA Y. NORDLUND, husband and wife, as community 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 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 BK 131 0 IV Pu 1$$ 1 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 A 8h 139 V! PU 13 30 2 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 B 1�'1'3 7PG iuu3 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 198L. BRUCE L. NORDLbND MARCIA Y. N07t6ND Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: Gtr and tire. Bruce L. Nordlund 5710 W. Ocean Front Newport Beach, Ca. 92663 SUBSURFACE PASS - THROUGH EASEMENT (F), Page 4 i BK 130 37P0 180 $4 PARCEL NO. F -20 LEGAL DESCRIPTION Lot 6, in Block 57 of Ocean Front Tract, Newport Beach, as per map recorded in Book 4, Page 12 of Miscellaneous Maps, Records of Orange.County, State of California. EXHIBIT "A" } BK 13 J 317 Pup 13 38 5 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 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 - eastecity boundary line of said 'Ocean Front Tract ", said -point of begin- ning Tieing 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 007135" 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 °26128" 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° 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 Six South. Range Ten West. S. B. M.: thence along said course South 60 °28'13" East. 468.00 feet: thence South 11 °00112" West. 396.95 feet to the intersection of the southwesterty 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" Nest. 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 ". Nest. 1010. 89 feet to an intersection EXHIBIT "B" - Page 1 BK l ��'1 PG l U0Oq 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 °10105" 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 029145" East, 376.20 feet, more or less, to the point of beginning. r CONTAINING 23.404 Acres, more or less k. EXHIBIT "B" - Page 2 0 I , %. 1 "a1 e Ir•f +' Jill nE q i��..• \`J. 11 F iYN ll. iili 'Jqq� a°j I.ai�,J `•J� 3 Bit i i y2� ii a 1 Q4µ V J! x K ,-,OOx a P• a �. 7 � Y s �� � 4 ;� r •� i s Q x_S L` 'ttj S Sy C W¢ < 6 3 Z a 3:. 7 °a as v Oa xi •'1'� may' f � a+' .. � T z .1 . � �.� I �i_ u w 's .Aas u• l � I !Rn �ni 1r pez $ II \Y 3 r W W. S 3 rc' O 1- .3t e W Uzi i W' =Oi 41Hni EXHIBIT "C" 0 STATE OF CALIFORNIA COUNTY OF ORANGE On signed, peared BK 1 V" 9,37Pou 1 v38 ss. January 19 1981 , before me, the under - a Notary Public in and for said State personally ap- BRUCE L. NORDLUND and MARCIA Y. NORDLUND 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. 19th IN WITNESS WHEREOF, I have hereunto set my hand this �a day of Y 1981 . .nor H. N;CKERSON Ncicry Pub ".=- COGfornia PRINCIPAL OFFICE IN LOS ANGELi_5 COUNTY My Convnissio Explr" March 28, 1981 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. IN WITNESS WHEREOF, I have hereunto set my hand this day of'% -/'�,e / , 19S/ . SUBSURFACE PASS - THROUGH EASEMENT (F), Page 5 I . • WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 MAIL TAX STATEMENTS TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 • 4611 BK 13937n 1 80 7 1 JR/MM 12/8/80_ �!arcel F =.21 ' RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA -113,1 A.M. FEB 4'81 EXEMPT C 5 LEE A BRANCH, County Recorder DOCUMENTARY TRANSFER TAX Computed on the con- r ' sideration or value of property conveyed. ter' Computed on the con- sideration or value less liens or encumbrances re- `,.; maining at time of sale. Fig � of � tt CSR` gFA Signature of Declarant or Agent determining tax - \ IU Firm Name SUBSURFACE PASS - THROUGH EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ROGER A. BROWN and LYNDA L. BROWN, Co- Trustees U /D /T dated August 8, 1978, F /B /O The Brown Family, 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 sK 937Pc 1872 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 BK 13037Peo 1373 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 • r sx 13937 €U 1374 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 Bass- Through Ease- ment has been executed this 21st day of �anuar� 1981 l ROGER(. BROWN Co- Trustee .%YNDA L. BROWN Grantor Co- Trustee ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: Mr. and Mrs. Roger A. Brown 201 So. Lake Avenue, Suite 513 Pasadena, California 91101 BK 139. %7Pe IS 75 Parcel No. F -21 LEGAL DESCRIPTION Lot 1 Bock 58 Ocean Front Tract; in the City of Newport Beach, County of Orange, State of California as per map recorded in Book 4 Page 12, of Miscellaneous Maps, records of said Orange County. EXHIBIT "A" Bx 7 Pu 976 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 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 - eastersly boundary line of said 'Ocean Front Tract ", said point of begin- ning tieing 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 centerlines 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 °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 boundary South V31'33' 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. 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 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 Six South, Range Ten West, S. B. M. ; thence along said course South 60 928'13" 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 Bcach" 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 watermark of the Pacific Ocean; thence along said ordinary low water mark North 58 049105 ". West, 1010.89 feet to as intersection EXHIBIT "B" - Page 1 BK 13937PC- 7 877 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° 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, 376.20 feet, more or less. to the point of beginning. CONTAINING 23.404 Acres, more or less .s. tilt 1 1878 g IN 41 Q r-- TO L) va u le 22 a. Vs. t4 UJ -j it r-6 Lnn PO z UA LL. EXHIBIT "C" 0 STATE OF CALIFORNIA ) Los Angeles ) s s. COUNTY OF 6V&t i ) eI 1 �9317PU 18 7 9 On January 21, " 1981, before me, the under- signed, a Notary Public in and for said State personally ap- peared, ROGER A. BROWN and LYNDA L. BROWN, Co- Trustees 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 Co- Trustees IN WITNESS WHEREOF, I have hereunto set my hand this 21st day of January , 19881 . A!. OFFICE IN os A;.!: _,a Notary Public in and for said My Commission Exp!: es hl arch 28, 1561 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 T,vU.iar' 15E. \ SUBSURFACE PASS - THROUGH EASEMENT (F), Page 5 17583 _ � o1Nti REQUESTED Ei- N EN RECORDED MAIL TO: $ OF NEWPORT WPORT BEACH 330 "(• N�wport Boulevard- ' :`•; '. •Newper• Beach, California 92663 - -- r =4 r c ad EXEMPT L TAX STATEMENTS TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 0 BK 14020 Pu 1 549 JK /MM 12/8/80 Parcp'l F; i2.. RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY. CALIFORNIA -11 15. APR 15'81 LEE A. BRANCH. County Recoido 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, ROBERT BLACKMAN, a married man, as his 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- pieta, equip, maintain, repair, clear, redrill, deepen, cpera__, produce, dismantle (remove casing and other equip - meerr from), 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- throuch easements ( "Grantor's real property" herein) at a depth not less than Four Hundred (400) feet measured ver- tir_esly below the surface thereof, a well or wells for the purpsse of exploring for and /or producing oil, gas and /or othe-r hydrocarbon substances; the easement and right of way granted herein shall lie under that certain parcel of real pro-er ? situated in the City of Newport Beach, County of State of California, and more particularly described in Exibit "A" to this Deed and such description by this re- fe rence is made a part hereof as though set forth at length. SUBSU ='FACE PASS- THROUGH EASEMENT (F), Page 1 • • BK 1 4020 Pu- 1550 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 makers 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 "8" 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 an,; 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 s sK 14020 PG 1551 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 accrped 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 ('110.00), 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. Furthermo-re, 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. Gr=_.n._or hereby agrees to make no claims in eminent domai:e 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 purse- SUBSURFACE PASS - THROUGH EASEMENT (F), Page 3 r s Bx 1 4020 PG 11552 ant to California Code of Civil Procedure Sections 1036, 1263.410, 1263.420, 1268.610, 1268.620 and 1268.710. Grantur also agrees and consents to the dismissal of any eminent dumain`action in the Superior Court wherein the Grantor's real property is included. This Subsurface Pass- Through Easement and each and all of its provisions shall be binding upun and inure to the benefit of the heirs, executors, admini- strators. successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, this Subsurface Pass- Through Easement has been executed this 12th day of March , 1981. MAIN Robert ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: Yx. Robert B1aClman 5802 Seashore Drive Newport Beach, California 92663 SUBSURFACE PASS- THROUGH EASEMENT (G), PAGE 4 Grantor a s • BK 1 4020 Pe 1553 Parcel No. F -22 LEGAL DESCRIPTION Lot 2 in Block 58 of Ocean Front Tract as shown on a map recorded on Page 12 in Book 4 of Miscellaneous Maps, records of Orange County, California. EXHIBIT "A" DESCRIPTION 0 eK 14020PS 1554 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 Maps in the Office of the County Recorde-r of said County with the north - easter�iy boundary line of said 'Ocean Front Tract ", said .int of begin- ning being a point in the boundary line of the land described in the parcel entitled' "EYHIBIT 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 centerlin< 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 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 36 of Records of Surveys in the Office of the Count; Recorder of 'said County; thence along said city boundary South 1 °36130' West, 244.09 feet to an angle Point therein; thence continuing along said city boundary South 4 °31'33' Last, 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 °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° 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 Six South, Range Ten West, S. B. M. ; thence along said course South 60 °26'13" 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 71 Ocean Front Tract, Newport Beach" wit, the centerline of Ocean Front (formerly Ocean Avenue) as said st_eet is shown on said map of the "Ocean Front Tract "; thence South 11°00'12" west. 243.30 feet, more or less, to an intersection with the ordinary do:: watcrmark of the Pacific Ocean; thence along said ordinary low water, mark North 58 °49'05 ". West, 1010,89 feet to an intersection EXHIBIT "B" - Page 1 eK 1 4020 P6 1555 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° 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 mao 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 330 29'45" East, 376. 20 feat, more or less, to the point of beginning. CONTAINING 23.404 Acres, more or less t: EXHIBIT "B" — Page 2 C BK 14020 Po 1556 a 11 On M, vP- -iv z ,U 111 4 - ? Z 0 L4 0 U, 0 Z 2 42 oil \ [[ XW M L4 LLJ 0. 8q 1 Xt 2 LL arl .41 LU cl: 0-04 uj Wa z e0. Lu EXHIBIT "C" a BK 1 4020 Pe 1557 STATE OF CALIFORNIA ). ss. COUNTY OF Orange ) On btarch 12, 1981 before me, the undersigned, a No- tary Public in and for said State, personally appeared ROBERT BLACKMAN , 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. �-'� H. E. NICKEP..iON yypp Notary Public 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 l - day of / % <'?</l�!lf 199/. rr r SUBSURFACE PASS - THROUGH EASEMENT (F), Page 5 0. r WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, Californ city Cled( Deed MAIL TAX STATEMENTS TO: 84. 14004.6 EXEMPT C10 CITY OF �C N NE4YPMHI BEACH, MAY 101984 CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 lo 3 JK /MM 12/8/80 Parcel. F-23 iMCURUED IN OfrICIAL RECORDS OR ORANGE COUNTY, CALIFORNIA -225 PM APR 4 '84 ^CONY 1 % UMENTARY TRANSFER TAX �v 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, ALEXANDER O. RICHARDSON, a widower, as to his undivided three - quarter (3/4) interest, as his sole and separate property; and ALEXANDER O. RICHARDSON, Trustee, as to an undivided one- quarter (1/4) interest under the will of Grace Richardson, deceased, hereby GRANT(g) 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, tedrill, 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 MAIL TAX STATEMEM As DIRECTED ABOVE 84 140046 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 84 140046 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 84 140046 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 S bsurface P Through Ease- ment has been executed this 2F day of 1987/ ADDRESS OF GRANTOR-TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: 4314 Fairlawn Drive La Canada, California 91011 ALEXANDER • • • Grantor YOUR SOCIAL SECURITY NUMBER 567 -44 -1802 SUBSURFACE PASS - THROUGH EASEMENT (F), Page 4 X 84 140046 Parcel No. F -23 LEGAL DESCRIPTION Lot 3 in Block 58 of "Ocean Front Tract, Newport Beach" as shown on a map recorded in Book 4 Page 12 of Miscellaneous Maps, record of Orange County, California. EXHIBIT "A" n 84 140046 Oxbow Oil Production Condertnation 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 man 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 - easter3iy 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 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. 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 Rccords 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 afigle 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 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 Sur ✓eys, 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, recc rds 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 Six South, Range Ten West, S. B. M. i 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 - eastcrly line of Lot.5 in Block 54 of said 'Ocean Front Tract, Newport Bcach" with the centerline of Occan Front (formerly Ocean Avenuc) 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 watermark of the Pacific Ocean; thence along said ordinary low water mark North 58 049105 ". West, 1010. 89 feet to an intersection EXHIBIT "B" - Page 1 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 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 .k +. EXHIBIT "B" - Page 2 i S8 QN4 x z Z 0 WW I I UL IM 2 Z. ���� /r� ��� f WI r LU mo > z Is 2 lit E 4c LU ca CL LU W. z ALL p0 aNX ku; UA EXHIBIT "C" r' s 84 140040^ STATE OF CALIFORNIA COUNTY OF LOS ANGELES 1 SS. On JANUARY 18, 1984 before me, the undersigned, a Notary Public in and for said State, personally appeared ALEXANDER 0. RICHARDSON , personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name. is subscribed to the OFFICIAL SEAL within instrument and acknowledged that he exe- I, PATRICIA J. HALEY cured the same. > NOTARY PUBLIC— CALIFORNIA WITNESS my hand and official seal. PRINCIPAL OFFICE IN n 1 /J Qs _ LOS ANGELES COUNTY f C= ce;_;ion Ergires Fctrmfy 12, 1984 f Signature (This mu for official notarial seal) CERTIFICATE OF ACCEPTANCE Government Code Sec. 27281 This is to certify that the interest in real property conveyed by the Deed as set forth above to the CITY OF 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 Matj 13 1x68 , and the.Grantee consents to recordation thereof s by its duly authorized officer or agent. IN WITNE WHEREOF, I have hereunto set my hand this day of /(i , 19 SUBSURFACE PASS - THROUGH EASEMENT (G), Page 5 WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 City Clerk I eed MAIL TAX STATEMENTS TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 2 a68 gK 14166PG 325 JK /MM 12/8/80 Parcel F -, 24. . RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA -j1 45 AM AUG 4 '81 EXUAPT C 10 M LEE A BRANCH, County Recorders 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, PROPERTIES WEST, INC., a California corporation 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 (P), Page • • BK 141 SE-PG 326 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 0 0 BK 14 16 USPO 327 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 9 0 BK 1416CFG 328 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 21stday of Janaury , 1981. PROPERTIES WEST, INC., a California corporation By ana H. Smith - Grantor President " Sri ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: MMIT-STWIMETHEIM SUBSURFACE PASS - THROUGH EASEMENT (F), Page 4 1 0 PARCEL No. F -24 LEGAL DESCRIPTION • BK 1416 &PG 32'' Lot No. 4 of Block 58, Ocean Front Tract, as shown on a map recorded in Book 4, Page 12 of Miscellaneous Records, County of Orange, State of California. EXHIBIT "A" 0 DESCRIPTION 0 BK 1416 S, PG 33 '3 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 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- 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 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 924157" 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 -� 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 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 Sur ✓eys, 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" West, 396.95 feet to the intersection of the southwestert 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 water marl: of the Pacific Ocean: thence along said ordinary low water mark North 58 049105 ". West, 1010.89 feet to an intersection EXHIBIT "B" - Page 1 . 1 • • BK 14168PC 33 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 59'10105" 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 By, 14168pG 332 Z lop • rm Iz E4 qK fs J1 10 iz Uo t;l Re— m LU J 7"1 UJ Z�a tu EXHIBIT oCn 1�1 STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On January 21 , undersigned, a Notary Public in and ally appeared Dana H. Smith 0 sx 14166PO 19 81, before me, the for said State, person- known to me to be the President of the corporation and acknowledged to me that such corporation executed the same and further acknowledged to me that such corporation executed the within instrument pursuant to its by -laws or a resolution of its Board of Directors. E W OFFICIAL SEAL LANA HUGH NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN ORANGE COU CommlWon E*rae Dec. I8 I98x No a PU is in aria Cou arld State Lana 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 WITNESR WHEREOF, I have hereunto set my hand this day of 5^` 19F. SUBSURFACE PASS - THROUGH EASEMENT (F), Page 5 Y / cfl i J-1 17584 RECURDE a' AEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 00 Newport Boulevard e'w..Qrt Beach, California 92663 BK 1 4020 pa 1 558 JK /MM 12/8/80 2ECORDEDIN CffICIAL RECORDS of DRAW CCUAfl'. CALIfOnIA j c Clork -1115 AM APR 15'81 -� EXEMPT ,• 2J o• /S�3 C2 lhk OL BRANCH, Cooaty Recorder TAX STATEMENTS TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 DOCUMENTARY TRANSFER TAX . . .Computed on the con- sideration or value of property conveyed. .Computed on the con - sideration or value less liens or encumbrances re- maining at time of sale. Signature of Declarant or Agent determining tax - - Firm Name SUBSURFACE PASS - THROUGH EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, LA VETA B. DANIEL hereby GRANT(S) and conveys to the CITY OF NEWPORT BEACH, a municipal corporation, and its successors and assigns, a per etual easement and right of way to drill, test, com- plete, equip, maintain, repair, clear, redrill, deepen, oper_''-a. produce, dismantle (remove casing and other equip - ment = rz)m), plea and abandon under and through the subsur- face c`_ that certain real property hereinafter described in whit: Grantor has reserved the right to control subsurface pas_-through easements ( "Grantor's real property" herein) at a =z . not less than Four Hundred (400) feet measured ver- ica11 °° below the surface thereof, a well or wells for the pur cse of exploring for and /or producing oil, gas and /or other :,ydrecarbon substances; the easement and right of way gra-_ed herein shall lie under that certain parcel of real prec_• ry situated in the City of Newport Beach, County of Orax.e, State of California, and more particularly described in - ­'-:zit "A" to this Deed and such description by this re- fer�_;n_—a is made a part hereof as though set forth at length. SUBSURFACE PASS- THROUGH EASEMENT (F), Page 1 0 0 BK 14020 PG 1559 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 mariner 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 owner 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- satic:: based upon oil lost, through evaporation, leakage, or otherwise, or upon gas used, consumed or lost in extraction ci gazoline, 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 weirs; 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 s BK 1 4020 PG 1560 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 ($4.10) 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 sae, 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 14020 P6 156 i ant to California Code of Civil Procedure Sections 1036, 1263.410, 1263.420, 1268.610, 1268.620 and 1268.710. Grantor also agrees and consents to the dismissal of any eminent domain action in the Superior Court wherein the Grantor's real property is included. 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, admini- strators. successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, this Subsurface Pass- Through Easement has been executed this 10th day of March , 1981. La Veta B. Daniel ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: Mrs. La Veta B. Daniel 5809 Seashore Drive Newport Beach, California 92663 SUBSURFACE PASS- .THROUGH EASEMENT (G), PAGE 4 Grantor Parcel No. F -25 LEGAL DESCRIPTION 0 BK 1 4020 Ps T 562 Lot 5 in Block 58 of Ocean Front Tract, Map in 4/12 of MM, in the office of the County Recorder of Orange County, California. EXHIBIT "A" R 0 • BK 1 4020 P8 1563 .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 nbrth- 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 centerlintt 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 °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 Faint therein; thence continuing along said city boundary South 4 °31133' East. 439.65 feet to an a{igle 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 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 Su:-,reys. 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 60023".3" 13" East. 4G8. 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" wilh. the centerline of Ocean Front (formerly Ocean Avenue) as said street is shown on said map of the "Ocean Front Tract ": thence South 1100,0'12" West. 248.30 feet. more or less. to an intersection with the ordinary low %vatcrmark of the Pacific Ocean: thence along said ordinary low water mark North 58'49'05 ". West. 1010.89 feet to an intersection EXHIBIT "B" - Page 1 V"-\ • eK 14020 PG 1 564 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 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 330 29145 "E3 st, 376. 20 feet, more or less, to the point of beginning. CONTAINING 23.404 Acres, more or less i EXHIBIT "B" - Page 2 q i BK 1 4020 PB 1 565 • ���Q �i m LJ •' v�Ay I � •�,• .aq it ��y 2i a .. .Va � •n G �,:N.N,tin � I I T sa 3 a z = _ z < S :,3 i• tj Fl F-z LLI a h :' • Nz •— ) A � la �� • j \c u• 'J �G.i •' i S NGn�wi. I I I i ppt2 4; , x z• —•. !I IJzi�f IIII` �yS� °ec •% io�''� sl z �Iu I�j` A.l \\ S • I • • • I co °• gym OC LLJ cl U. 0 4 W o x ai F•ni EXHIBIT "C" 0 STATE OF CALIFORNIA ss. COUNTY OF Orange ) • 6K 14020 po 1566 On March 10, 19$1 before me, the undersigned, a No- tary Public in and for said State, personally appeared LA META DANIEL , 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. f� 1 LExp;7es Notary Public WAL OFFICE N UE ZS COUNTY My C=m.loi. Mgrth 23.1981 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 byy an adopted resolution by the City Council dated May 13, 1-968 , 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 lj .ee , 19 ,6/. SUBSURFACE PASS— THROUGH EASEMENT (F), Page 5 0 t'. 1 37655 WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 1 geed MAIL TAX STATEMENTS TO: 0 BK 14040 PG 56 JK /MM 12/8/80.,, Of OWGj COUNTY! CALIFORNIA EXEMPT ':332 PM APR 30'81 C5 LEE A. GRAND. County Recor" DOCUMENTARY TRANSFER TAX CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 . . .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 ackncwledged, ELAINE DEMOND, a single woman, 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, opera__; produce, dismantle (remove casing and other equip- ment =r;n), 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 - ^o1_,gh easements ( "Grantor's real property" herein.) at a da not less than Four Hundred (400) feet measured ver- tically below the surface thereof, a well or wells for the purr_se e= exploring for and /or producing oil, gas and /or other �_rocarbon substances; the easement and right of way grante- he*_ein shall lie under that certain oarcel of real crop --ty situated in the City of Newport Beach, County of Orancc; .State of California, and more particularly described in ExI_i_i_ "A" to this Deed and such description by this re- feren,_ is made a part hereof as though set forth at length. SUBSURF CE PASS- THROUGH EASEMENT (G), Page 1 L.. % BK 14040 Pe 5 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 apart 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 w.ithin 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 "S" 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 si,,;rle 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, eXcent as there is a reasonable market and value for the sage.. Grantee shall be entitled to deduct from the compen- sation hereunder the Grantor's proportionate share of any SUBSURFACE PASS- THROUGH EASEMENT (G), Page 2 BK 14040 Pe 52 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 July 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 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 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 fur - nished with written evidence thereof satisfactory to Gran- tee: 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 thar. all of the rights to provide Grantee the easement right and right of way conveyed herein, Grantee shall be entitles to accept such rights as are granted herein by Grantor; and prorate the compensation accruing to Grantor accor_�ingly. This Subsurface Pass- Through Easement shall be and be- core of --ective from and after the date that Grantor executes the sane, 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; 4- .- cluding without limitation any claims for fees, costs, attorneys' fees, abandonment costs, interest, those claims which may arise out of Grantee's immediate pos- ses s or. of Grantor's real property and any claims pursu- SUBSURFACE PASS - THROUGH EASEMENT (G), Page 3 N BK 14040 PB 53 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 qyybsurfac P ss- Through Ease- ment has been executed this ,`,'71 day of 198L. A�0 1 &I .6,7 y &;0700 ELAINE DEMOND ADDRESS OF GRANTOR TO WHICH CCM ?ENSATION PAYMENTS ARE TO BE SENT: Y SUBSURFACE PASS — THROUGH EASEMENT (G), Page 4 Grantor M/N 14 0 4 0 PG %54 Parcel No." G -26 LEGAL DESCRIPTION Lot 1 in Block 11 of Tract No. 772, as per map recorded in book 23 pages 5 and 6 of Miscellaneous Maps, in the office of the county recorder of said county. of Orange, State of California. EXCEPT any portion thereof not included within the lines of Lot 1 in Section 20, Township 6 South, Range 10 West of the San Bernardino Meridian, according to an official plat of said land filed in the district land office, August 4, 1960. ALSO EXCEPT any portion thereof lying below the mean high water line of the Santa Ana River. EXHIBIT "A" DESCRIPTION Oxbow Oil Production Condemnation BK 1 4040 PG 55 All those certain lands situated in the City of flewport Beach, County of Orange, State of California, more particular described as follows: PARCEL "G ": Beginning at the intersection of the centerline of Ocean Front. (formerly Ocean Avenue) a.s said street is shown on a map of the Seashore Colony T ract recorded in Book 7, Page 25 of Miscellaneous Maps in the Office of the County Recorder of said County with the northwesterly boundary line of the City of Nei port Beach, said northwesterly boundary line being the southeasterly line of Summit Street, 30. 00 feet in width, as shown on said map of the Seashore Colony Tract, said point of beginning being a point in the boundary line of the land described in the parcel entitled "EXHIBIT A TO SUBSURFACE EASEMENT" recorded in. Book- 2824, Page 391 of Official Records of said County; thence along said last mentioned boundary line through the following courses: along said northwesterly boundary line of the City of Newport Beach North 35' 57130" East 472.31 feet to the centerl ne of the Santa Ana River as described in Case No.. 22791 of the SuperiorCourtof the State of California in and for the County of Orange and 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 centerline South 73'00122" East, 515.70 feet and South 66'42'20" East, 643. 27 feet to the northerly prolongation of the line dividing Lots 6 and 7 in Block 11 of Tract No. 772 as shown on a map recorded in Book 23, Pages 5 and 6 of said Miscellaneous Maps; thence along said northerly prolongation, said dividing line and the southerly prolongation thereof South 7' 44' 51" West 148. 87 feet to a point on a curve in the centerline of Canal Street as said street is shown on said map of Tract No. 772, said curve being concave northerly and having a radius of 68 5. 00 feet; thence easterly along said curve and centerline 10. 63 feet through a central angle of 0 °'53'21" to the centerline of Fern Street as said street.;s shown on said map of Tract No. 772; thence along said centerline of Fern Street South 35' 51100" West, 26. 45 feet to the not-th- westerly prolongation of the northeasterly line of Lot 10 in Llock 8 of said Tract No.. 772; thence along said northwesterly prolongation, said nortFeaster :y 'Line of Lot i0 and the southeasterly prolongation thereof South 54° 09'00" East. 1104. 94 feet to the centerline of the 10 foot alley in said Block cc ": thence along said centerline of the 10 foot alley South 35' 51'00" Nest, 90.00 feet to the southwesterly line of said Tract No. 772 and a point in the centerline of the 10 foot alley in Block 8 of said Seashorc Cc':ony Tract: thence along said = enterline of the 10 foot alley in Block ° South 35'47'11" West, 120.00 feet to the northwesterly prolongation of the northeasterly line of Lot 4 in Block 8 of said Sea- shore Colcn %, Tract: thence along said northwesterly prolongation, said northeasterly bine and the southeasterly prolongation thereof EXHIBIT "B" - Page 1 BK 14 0 4.0 PG 56 South 54 009'00" East, 114.93 feet to the centerline of Orange Street as said centerline is shown on said map of the Seashore Colony Tract; thence along said centerline and the southwesterly prolongation thereof South 35 °47130" West, 137,17 feet to the northeasterly right -of -way line of the Pacific Electric Railway, being the northeasterly line of Tract No. 4400. as shown on a map recorded in Book 162, Pages 20 through 25 of said Miscellaneous Maps; thence along said northeasterly right -of -way line South 54° 02'30" East, 118. 67 feet to. the northeasterly prolongation of the line dividing Lots 7 and 8 in Block G of said Seashore Colony Tract; thence -along said northeasterly prolongation, said dividing line and the southwesterly prolongation thereof South 35° 57'30" West, 276.10 feet to said centerline of Ocean Front as said street is shown on said map of the Seashore Colony Tract; thence along said centerline North 550 51'30" West, 1520, 68 feet to the POINT OF BEGINNING. i CONTAINI`IG 21.383 Acres, more or less is EXHIBIT "B" - Page 2 EXHIBIT "C" 8K 14 j: s9\. ��\ z 2 SL � / � \ co 212 . X1. uj I .-.- UA co cc PIC \ } \�\ I Uj ��\ z 2 SL � / � \ co 212 . X1. uj I .-.- UA co cc PIC cc 0, Uj el Z Lu 40 ��\ z 2 SL � / � \ co 212 . X1. uj I .-.- UA co cc cc 0, Uj el Z Lu BK 14040 P6 58 STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On g /_ 26, / °8/ before me, the undersigned, a No- tary.Public in and for said State, personally appeared ELAINE DEMOND , 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 s he executed the within Instrument. WITNESS my hand and official seal. . OFFICIAL SEAL . WILLIAM J. GLUM Notary Public NOTARY PUBLIC OFFICE SAN DIEGO IN SRN OIEGO COUNTY 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. IN WITNESS WHEREOF, I have hereunto set my hand this i',' day of j 19 &, Ll. ( / / SUBSURFACE PASS - THROUGH EASEMENT (G), Page 5