Loading...
HomeMy WebLinkAboutOil Subsurface Easements - West Newport Parcels G-18 to G-50SERVED ORIGINAL RECORDED 5LZVWS EFFECTIVE DEED IN COPY IN & COMPLAINT DATE CITY'S FILE OUR FILE & DIP, DIP not served F-1 GAYLORD, JAMES M. 1/15/81 1/26/81 2/4/81 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 of served 1 /26/81 . . .......... . . .. ....... • F-4 SCHUMANN, ROBERT W. 1/15/81 1/20/81 1/26/81 1/15/81 F-5 SHEHANE, RAYMOND 1/26/81 1/31�/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 .... ........ I ........ 2/4/81 ... . .... .......... ...... 1/27/81 ... ....... ------- ,ot served 2/3/81 -- 1/26/81 ------- - - F-8 MAARSE, JACOB ..... ...... . . . . ........ 1/15/81 F-9 NEWSON, IRENE M. 1/15/81 1/20/81 1/26/81 ........ ... ......... ...... .... . .............. ------ DATE ORMVI'L Ryf#:*9—w PARCEL NEGOTIATIONS DEED DEED IN COPY IN NLVlBER. NAME OCbtAaA= SIGNED RECORDED CITY'S FILE OUR FILE A OW, �-� Wk9pp-al 0 iffifflM I — -M rmapl.elfl- mFmyGlwl�*jp@l F-10 NEWSON, IRENE M. 1/15/81 F-11 NEWSON, IRENE M. 1/15/81 1/15/81 F-12 HILL, JOHN J. F-13 MEYER, WILLIAM M. 1/15/81 F-14 BLANDI, THOMAS SOLD 90 BRAG F-14 BRAGG, MEDROD N. 1/15/81 F-15 WALKER, KENNAN W. 1/15/81 1/20/81 2/4/81 ...................... ...... ... .......... Rla57'apl .. ....... not served ......... 1/29/81 2/6/81 . ......... F-16 JACOBY, WILLIAM H. 1/15/81 .. ......... .. 1/30/81 2/5/81 F-17 KOLL, DONALD M. 1/15/81 ....... ... ..... ....... ...... .... DATE ORIGINAL RECORDED PARM late O I,aal ribm IN COPY IN IT. tTl "r^-5V&9W Siran, CITY'S FILE CUR FILE SERVED WK,M$ EFFECTIVE & COMPLAINT DATE & DIP. DIP 1/21/81 1/26/81 F-18 LINICK, HAROLD M. 1/15/81 1 us & Wife F-19 HANNAN, BERNARD J. 1/15/91 1/22/81 2/4/81 --,inelSj not served F-20 NORLUND, BRUCE L. 1/15/81 L/19/81 2/4/81 a 0 <IS not served II not • F-21 RFMN, ROGER & LINDA CO-- 1/15/81 1/21/81 2/4/81 served F-22 BLACKMAN, ROBERT 1/15/81 1/19/81 1/26/81 F-23 RICHARDSON, ALEXANDER 1/15/81 .... ...... .. . . ... ...... F-24 EATON, MARIAN H. 1/15/81 ------------- -- .... ....... ....... ....... .. .... ...... . ...... ..... ............ l-..-.-.-- . .... - .......... . .. 1/23/81 ........ .... 1/113/131 ............. 1/28/8 ............... 1/26/81 ...... F-24 WEST PROPERTIES 1/15/81 1/15/81 ..... ...... --- ----- F-25 DANIEL, LA VEATA B. ...ya i >em m: m.aam maim a u¢a- Je �i Huu' »A keel �'m 7�N •m am SERVED ORIGINAL RECORDED aNIONS EFF=IV5 DEED Ri COPY IN Cc P 1 m CITY'S FILE OUFR F ILE & OIP, m P BARME, . MICHAEL F -26 F -27 SCHUMANN, WILLIAM C. 1/15/81 /19/81 2/4/81 not served aia5��.� not F -28 BERRY, . ALLEN W. 1/15/81 1/21/81 2/4/81 served • 1/15/81 /26/81 F-29 KELLOGG, DALE /26/81 .1/15/81 F -30 KELLOGG, DALE /26/81 F -31 RUDLOFF, LORALYNN 1/15/81 1/21/81 F -32 GAYNER,WALKTER R. 1/15/81 1/26/81 1/20/81 1/20/81 1/26/81 1/15/81 F -33 TANSKE, DORIS T. ._.. ........_. 1/15/81 ......_.... .. _........ _ ....:..... .. ..._..... ...___._ Hus &Wife ........... 1/26/81 ......... ....__. F -34 KESSLER, MARY M. 1/21/81 ly.1•.0v 11 1 Llljlk!�w R 911 " 0, 1p.N�l �Dl ID6 144 A* -9 No SERVED ORIGINAL RECORDED $UbVCNS EFFfrrIVE DEED IN COP: IN & COMPLAINT DATE CITY'S FILE CUR FILE & 01 P. OiP F-35 VOGT, KENNETH F. /23/81 F 2/4/81 F2/4/81 not served not F-36 DI CORPO, NELLO 0. 1/15/81 ./21/81 served (CHELF) Hus&W CHEEP FREDERICK AND 1/15/81 1/21/61 1/26/8 F -37 NEWMAN, JOHN OMAR ---------- • F-38 PEGRAM, WANDA 1/15/81 1/22/81 1/26/8 L ARMSTRONG PETROLEUM 1/15/81 F-39 ARMSTRONG PETROLEUM F-40 1/15/81 F-41 RUMBELLOW, VICTOR G. 1/21/81 ........... . ....... ......... ...... ........ .... .. . ...... ... . ..... . ........ 1/28/81 ................. .... 1/28/81 2/3/81 ......... 2/3/81 . 1/21/81 F-42 RUMBELLOW, VICTOR G. ..... . . ..... . .. .. ......... — F-43 RUMBELLOW, VICTOR G. 1/21/81 - 1/28/81 -------- -- -- 2/3/81 .1 .. I M ORIGINAL RECORDED DEED IN COPY IN C.ui7Y'S FILE OUR FILE SERVED $214DNS EFFECTIVE & COtTIAINT DATE & 03B OIP 1/21/81 1/28/81 2/3/81 F-44 RUMBELLOW, VICTOR G. 1/28/81 2/3/91 F-45 RUMBELLOW, VICTOR G. 1/21/81 1/21/81 1/28/81 2/3/81 F-46 RUMBELLOW, VICTOR G. • 1/28/61 2/3/81 F-47 RUMBELLOW, VICTOR G. 1/21/8 2 not F-48 MORRISON, MEL served 1/15/81 -/30/83 2/17/81 - - -------- - F-49 MORRISON, MEL 1/15/81 L/30/81 2/17/81 not served P-50 MORRISON, MEL 1/15/91 1/31/81 2/17/81 .. ....... .... . ... ........... not served F-51 BROWN, VALERA. G. ....... . . . ........ ...... .... .... ......... 1/15/81 .1/15/81 . ........ ... ... ............ . .. ...... .. ..... F-52 BROWN, VALERA G. DATE ORIGINAL RECORDED SERVED SUWJCNS EFFECTIVE PARCEL NEGOTIATIONS DfF.D DEED DEED IN COPY IN & CCMPLAINT DATE NUMBER NAME COM+ENNCED SIGNm RECORDED CI'M'S FILE OUR FILE & O1P. OIP ANSWERED DI24ISSHI 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 11/21/81 G -5 HUNT, JULIA G -6 HUNT, JULIA 1/21/81 G -7 HUNT,JULIA 1/211/81 G -8 HUNT, JULIA 1/21/81 :1/21/81 • G -9 I HUNT,JULIA 0�1" G-101 HUNT, JULIA G -11 HUNT, JULIA G-12 HUNT, JULIA G-13 HUNT, JULIA G-141 HUNT, JULIA G-151 SIGNAL LANDMARK, INC. G-15 WILLIAM, W. G-16 SIGNAL LANDMARK G-16 ORMEROD, MELVILLE J. SERVED DATE ORIGINAL RECORDED SL"=S EFFECTIVE NEGOTIATIONS DEED DEED DEED IN COPY IN & CO!43L. PP DATE COMMENCED SIGNED RECORDED CITY'S FILE OUR FILE & DIP. DIP •ANSWElUl) DISUSSED 1/21/81 1/21/81 1/21/81 1/21/81 ..... .......... l I . I PATM NUMBER NAME G -17 SIGNAL LANDMARDK, INC. G -17 BRADLEY, MYRON BRUCE G -18 MIJARES, ERNEST R. DE YOUNG, ROGER AND MAC GREGOR, CHARLES E. G -20 SIGNAL LANDMARK, INC. G -20 JARVIS, JON G -21 SIGNAL LANDMARK, INC. G -22 TERRILL, P. G -231 BORTHWICK, DONALD G. SERVED DATE ORIGINAL RECORDED SUD"S EFFECTIVE NEGOTIATIW C£.£D DEED DEED IN COPY IN & OaT AINP DATE COM4m4CED SIGNED RECORDED CITY'S FILE OUR FILE & O]R OIP RTCl yap .. •,ter G -231 SIGNAL LANDMARK, INC. G -241 SIGNAL LANDMARK, INC. G-241 BRADY, P.L. G -251 SIGNAL LANDMARK G-251 WILLIAMS, EVAN G -26 DEMOND, ELAINE G -27 MILLIGAN, ALAN L. G -28 BORTHWICK, DONALD G -291 GRAHAM, JAMES K. SERVED .DATE ORIGINAL RECORDED 5M43NS EM=IVE NEGUrIATIONS DEED DEED DEED IN COPY IN & COMPLAINT DATE CaNIA LACED SIGNED RECORDED CITY'S FILE CUR FILE & O]P DIP ANSWERED •I .I DATE ORIGINAL PECOPI)ED PARCEL NEGOTIATIONS DEED DEED DEED IN COPY IN XT %mmll IT�brl k6mTyc*-Ql-b' SIGNED RECORDED CITY'S FILE CUR FILE SERVED WKM LNS EFFECTIVE & COMPLAINT DATE & DIP DIP mvrMl 'IiY G-30 BRADY, PHILIP L. 1/30/81 G-31 REYNOLDS, BERNIECE 1/30/81 G-32 PETERLIN, GRACE 1/30/81 31 MARY )/9/81 2/17/81 G-33 BENSON, BEVERLY /30/81 G-34 PATTISON, GWENDOLYN R. L/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 TRUSI 1/30/81 & SAVINGS BANK OF PASADEb 1/30/81 G-37 THOMAS, ROBERT M ...... ...... . ...... ..... DATE ORIGINAL RECORDED PARCEL NEGOTIATIONS nEED a E a vale IN COPY IN NT -0,21 V 0 VE CC la CE D SIGNED RECORDED CITY'S FILE OUR FILE SERVED SLUMS EFFECTIVE & COMPLAINT DATE & 01 P. DIP 0lal•, ale eNpl G-38 LOMMIS, STEPHEN C. 1/21/81 .311 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 EAGER, A. EUGENE ......... . H us&W G-42 SEKENIUK, WALKER S. 1/21/81 I /26/81 ......... 1/31/8. ... ..... ...... ------ - • Wife G-43 PETERSON, JAY T. 1/21/81 1/30/81 2/4/81 - ---------- ... ... ...... ............ ................. — 11 SERVED ORIGINAL RECORDED SUMMONS EFFECTIVE DEED IN COPY IN & CCmPIAINT DATE CITY, S FILE OUR FILE & DIP, DIP i vas E'Trlyrl yap G-43 KOE, COURTNEY V. SOLD TO VANORDLN VANORDEM SOLD PO SAAR G-43 SAAR, JOHN 1/21/81 G-44 MANOOKIAN, DAVID 1/21/81 not • G-45 GILL, JEAN E. 1/21/81 1/26/81 2/4/81 al�1g� served G-46 THATCHER, LUCILLE E. 1/21/81 1/30/8 . not served G-47 COTTIER, ROSEMARY 1/21/81 .G-48 WOOD, JACK J. ............. .......... 1/21/81 .. .... ...... ....... .. ..... ...................... .. ... . ....... ..... ... Hus&Wife ....... .......... ..... G-49 GREENBERG, IRWIN 1/21/81 1/27/81 ...... .............. ... ............ . ............. .. G-50 BOADWAY, SHIRLEY 1/21/81 1/28/81 1/24/81 not ..... ............... served DATE ORIGINAL ffyORJI�jl L-AFOM NEGOTIATIONS mon DEED IN VARF.R NAME COMMENCED SIGNED REcoRDE:D crry-S FILE OUR FT—D SERVED $UW=S EFFECTIVE & COMPLAINT DATE & DIP. OIP 1/21/81 G -51 BENFATTI, ROSE us &Wife 1/21/81 /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 1/21/81 G -54 NEVIN, ROBERT B. 1/21/80 Hus &Wife G -55 DEXTER, EARL H. 1/21/80 1/30/8 2/17/81 �4•r5 1/27/81 2/3/81 G -56 CRANE, ROBERT 1/21/80 0 2/3/81 2/8/8 G-57 JOHNSON, DAVID H. 1/21/80 1/21/80 G -57 WILSON, PETER A. DATE ORIGINAL RECORDED PARCEL NEGOTIATIONS DEED DFM DEED IN COPY IN YFTlqr sr� 17MIR SIFOR, --m-6-PPED CW'S FILE OUR FILE SERVED SWIONS EFFECTIVE & COMPLAINT DATE & Olp, DIP ANSWERED DISMISSED G-581 MEMIROFF, ALLAN 1. 1/21/81 1/27/8 L 2/4/81 aja�Sj not served Hus&wife G-59 SINDELAR, JOHN A. 1/21/81 1/30/81 2/5/81 lx)pr� /28/81 2/17/81 not G-60 MOORE, J. CLARK 1/21/81 served 3PO G-61 BRINTNALL, RUTH E. 1/21/81 1/36/6 2/17/81 7ore -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 DEMPSAY, MILDRED- 1/21/81 1/22/8: ... ..... 2/4/81 .......... ..... .......... . .. ..... — ..... ....... ...... not served ... .. ...... . ....... .... ...... G-64 KIMBROUGH, LAVERNE H. ..... ....... 1/21/81 nus &iulfe G-65 REIF, I. MELVIN 1/13/11 1/21/81 23/81 2/4/81____ . ............ ....... DATE ORIGINAL RECORDI—A PARCM NEGOTIATIONS DEED DEED IN COPY IN XT11 al0l v4v' kr,%TYJf-Aj, SIGNED RECORDED CITY'S ME CUR FILE SERVED SUKuis EFFECTIVE & COMPIAINT DATE & 03B DIP Mi ',a• . . � •�a• G-66 I 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, LAURE 1/21/81 1/29/81 2/17/81 G-70 SANTUCCI, DANNY AND MARY 1/21/81 . ... . ....... -- -------- ---- G-71 HENNINGSGARD, WARREN I. 1/26/81 - --------- — ------ ---- not G-72 MCROBERTS, JACK 1/26/81 . ......... 2/3/81 ..... . ..... — 2/17/81 ...... served G-73 YOUNG, CHRISTOPHER 1/26/81 1/26/81 G-74 FINCH, BARRETT J. DATE ORIGINAL RECORDED F 'S T PARCEL NEGOTIATIONS EZED DEED IN COPY IN 'T. VDIt'R ��p 10*04CED SIGNED PBCORDM CITY'S FILE CUR FILE & 03P. 0 �l Zi •,ar . � r Tar G- . 1/26/81 2 , G-76 GREITZER, STANLEY 1/26/81 G-77 SPEARS, HARVEY M. 1/26/81 .......... - -- - ----------------- G-78 MUNNS, CHARLES R. 1/26/81 2/10/81 /16/81 G-79 FAURIA, RAYMOND L. 1/26/81 G-79 SOKOLOFF, PETER .1/26/81 /4/81 2/17/81 not served --- - ---------- ----- ----- 1/26/81 G-80 FAURIA, RAYMOND L. ......... ................. ....... ... ......... - ----- not - ............ ....... ............ G-80 SOKOLOFF, PETER 1/26/81 served .. ............. .... .. . ... ........ ........ ............. G-81 FAURIA, RAYMOND L. 1/26/81 .......... .... ...... 1 145"00 1 aDv SERVED ORI IRAL REMRDED SUM ONS EFFECTIVE DEED IN OOPY IN & Cad?LAINT DATE CITY'S MZ OUR FILE & DIP DIP E�,ixvae eNpl not G-81 SOKOLOFF, PETER 1/26/81 2/4/81 2/17/81 served G-82 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 1/26/61 . .. ........... . . ......... G-82 GODM, AIM �/9 /81 2/17/81 /Al G-83 KANEKO, JOHN S. 1/26/81 2/10/81 2/17/81 '4 G-83 WILSON, ANN 2/10/81 2/17/81 1/26/81 y�i Lei G-83 GOODE, ALAN L. 1/26/81 ..... .. .... I .. ......... ------ -- - ------------ --------------- ------ ---- G-84 WILSON, ANN M. 1/26/81 . -- ----- ------ L ..... 2/9/91 2/17/81 ...... ............. ---------------- -- - ........ .............. 0 G-84 KANEKO, JOHN S. 1/26/81 2/10/8 2/17/81 --- - -- - ------ - --'--- --..I......._..,....... - - ---- . ...... .... - PAFCM MII pn NWAR DATE ORIGINAL RECORDED NEGOTIATIONS DEED IN COPY IN salrosov" SIFL-v;Pv 7m4UMED CITY'S FILE CUR FIM SERVED SLHMS EFFECTIVE & COMPLAINT DATE & 03p, Olp ffuFwN=F0v 1/26/81 G-84 GOODE, ALAN L. lus & Wife G-85 VALENTI, RUDOLPH J. 1/26/81 2/10/81 2/16/81 1/26/81 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 90 MCCALL 2/3/81 2/8/81 ...... ........ -.1 ...... — ........ ...... 1/26/81 G-89 Mc CALL, GEORGE W. ............... 1301�1 .... . . ................. Hus&Wife .... - ....... .. .. ... .. ... ......... .. ...... .. G-90 BERTOLINO, PIERRE 1/26/81 /10/81 ...... - - 2/17/81 ---- I ......... ......... . ....... .... ... ....... ..... .. .......... DATE ORIGINAL RECORDED PA•CEL NIan NATICKS r=) DEED IN COPY IN mmru MAM CONK214CED SIGNED RECORDED CITY'S FILE OUR FILE SERVED SU?4,rNS EFFECTIVE & Ca4)IAINT DATE & 01 P. DIP 11 �'W- �m "OV610"Dol 1/26/81 G-91 STOMEL, PATRICIA A. 30%, 1/30/81 2/5/81 G-9 MORIARTY, TED J. 1/26/81 /30/81 2/17/81 1/29/81 (Hus&Wife 2/4/81 G-93 BOOGROV, SAMUEL J. 1/26/81 2/3/81 2/17/81 - ----- ------- G-94 ANARADIAN, LEON 1/26/81 1/30/81 2/17/81 G-95 LAUTERJUNG, LOIS A. 1/26/81 2/2/71 2/17/81 . .......... . . .... .... . ....... G-96 RICHARDSON, EDWARD 1/26/81 ./29/81 2/29/81 I G-97 BRIETHAUPT, PAUL D. 1/26/81 ./29/81 2/17/81 ... ... ....... .. ....................... B-98 NUGENT, WILLIAM R. 1/26/81 ./28/81 2/17/81 31$7)$1 W2/i3f/%&lHu5 2/,/,l G-99 MAYS, ROBERT E. 1/26/81 /10/81 2/17/81 .. . . ..... . .... ...... .... .... SERVED DATE ORIGINAL RECORDED SLHrNS EFFECTIVE PA[CEL NEGOTIATIONS DEED DEED DEED IN COK IN & COMPIAIEYF DATE NU4BER NAME CObY+lajcED SIGNED RECORDED CITY'S FILE CUR FILE & 01P OIP ANSWERED DISMISSED 1/26/81 G -10 HOAGLAND, DONALD L. G-101 BOYSTON, ANNETTE F. G -10 BIKHAZI, HENRY B. G -10 HORNER, JOHN H. G-104 EISEN, HERBERT L. .- __— ...-- ___.._...._..---:_..._. G -10 BOILHAUMER, JOHANNES G -10 BOELHAUMER, JOHANNES , . _.._, ... . ...... _ . .................. DANA H. ..... ..... __. ........ . G-101, I G-10E JOHNSON, JAMES L. 0. —1w DATE ORIGINAL RECORDED riota LTLTlctqs DEED DEED IN COPY ni •j is SIGNED RECORDED CITY 'S FILE OUR FILE SERVED $L"-rNS EFFECTIVE Ca&nAINT DATE olp. DIP FT M ME, Ml N a RP G-10 SETTLE, J.E. G-11( BRYANT, KENNETH A. G-11 G-11 HUNTA, WILLIAM C. SUBBIONDO, BLAISE OWNED BY CITY OF NEWPCRT BEACH 7 • G-11 NEVIN, ROBERT G-114 NEVIN, ROBERT ...... . ....... . G-11 G-11E NEVIN, ROBERT NEVIN, ROBERT ....... .... .......... ... .... ----- ---- --- ...... ---- ... ....... ....... ...... .......... ... ..... ...... ........ I ...... ...... G-11 NEVIN, ROBERT . ... . ................ ....... 0.wm G-1181 DEAN WALKER G-1191 O-CONNOR, PATRICK G-1201 HANSFORD, CLAIRE G-1211 ZARRINNEGAR, ALI G-1221 JENSEN, FRANK G-1231 JENSEN, FRANK G-124 JENSEN, FRANK G-125 TURNBOW, MAURICE G-1261 TURNBOW, MAURICE SERVED DATE ORIGINAL RECORDED SUMMONS EFFECTIVE NEGOTIATIONS DEED DEED IN COPY IN & COMPLAINT DATE COMMENCED SIGNED RECORDED CITY'S FILE OUR FILE & DIP, Dip ANSWERED DISMISSM) •I - - - - - i.. - ---- - - - - -1 - - -- -- -.-. --I - -------- -4- - .- - - ---- 4 - - -.. - . - I . I ---- *1 - -- I_._ -------------- I I!JLI I• ff 9 VMS alas tol IN. -'--MD eo, SEFUM ORIGIfIAL RSMRDED SLZ"S EFFECTIVE DEED IN COPY IN & CWIAW DATE CITY'S ME CUR FILE & OJP olp mww 11 6 SERVED ORIGINAL RECORDED SUKION6 EFFECTIVE DEED IN COPY IN & Ca4PIAlNT DATE CITY'S FILE OUR FILE & olp� DIP G-142 KAGNOFF, DAVID B. SOLD T O T kNDEM EQUITIES WHICH WOLD TO MARINA PARTMENTS, BALBOA APT. A.11D GPM T &PARTMEITS 1/30/81 G-142 MARINA APARTMENTS 2/5/81 2/11/81 1/30/81 G-142 BALBOA APARTMENTS '/5/81 2/11/81 ..... --- - ------ ------- • 1/30/81 ---- - ------ - ...... ... . .. G-142 GRANT APARTMENTS 2/5/81 2/11/81 G-143 KAGNOFF, DAVID G. SOLD TO P OSPECT APARTMENTS G-143 PROSPECT APARTMENTS 1/30/81 2/5/81 - --------- 2/11/81 -- ------ ---- G-144 LAFAYETTE APARTMENTS 1/30/81 . ..... ............ ...... ...... .................. .... ....... ...... ----------- .. ... ......... ----------------- --- ------- --- G-145 HUNT, JULIA 1/21/81 1/21/81 • G-146 HUNT, JULIA DATE ORIGINAL •E••••E• PARCEL NEGOTIATIONS nmD DUD DEED IN copy ' IN N7 1 1 �-wl XT-UTZI *jVjg�nm SIGNED RECORDED CITY'S FILE OUR FILE SERVED $UK13NS EFFECTIVE & CU41AM DATE & DIP Dip 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 SEASHOiE APARTME11TS 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 'OASTAIARTMENTS . .. .............. -.1-1....1.1- . . ......... — ....... .. .. ............. .... .... ........ 2/5/81 ..... . 2/11/91 .. ... ......... ........... ... ... ....... G-140 COAST APARTMENTS . .... ... .. 1/30/81 G-141 KAGNOFF, DAVID G. 1/30/81 ....... ... G-14J HUNT, JULIA 1/21/81 G-150 HUNT, JULIA G-152 HUNT, JULIA 1/21/81 1/21/81 .... . . .. .......... ...... 1, . - 1. . - - I . ---- -- - - -'I ' ...... ............ . . .............. 0- SERVED DATE ORIGINAL 1000RDED Szms EFFECTIVE PARCEL NEGOTIATIONS DEW IN COPY 24 & COWLAINT DATE NLI48M NAM COtl4aiCED . SIGNED RECORDED CITY'S FILE, CUR FILE & 01 B OIP ANSWERED DISMISSED 1/21/81 G-14 HUNT, JULIA G-Ij HUNT, JULIA 1/21/81 G-14J HUNT, JULIA 1/21/81 G-150 HUNT, JULIA G-152 HUNT, JULIA 1/21/81 1/21/81 .... . . .. .......... ...... 1, . - 1. . - - I . ---- -- - - -'I ' ...... ............ . . .............. 0- tiny � J NJ a ED MAIL TO: 1759 PORT BEACH uculcvab4 Iah, California 92663 C;1,y Clerk EXEMPT D, c C 2 Ni 0. MAIL TAX STATEMENTS TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 JK /,tea 12/0/80 vc Parcel G-18 BK 14020 P6 1622 a^SMADED IX OFPCtAL RECORDS CF 02AISF CCU r. CALIF'TVA -1115 AM APR 15 'A 1 UE A. 8RA3ZH, County Rxofdo 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 herebv acknowledged, ERN?EST R. MIJARES AND CAROLYN P. MIJARES, 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, redriil, deepen, operate, produce, dismantle (remove casing and other equip- ment fr_:z), plug and abandon under and through the subsur- Face cf -_:at certain real property hereinafter described in which Grantor has reserved the right to control subsurface easements ( "Grantor's real property" herein) at a d°- =` = less than Four Hundred (400) feet measured vex - ticall;- b --low the surface thereof, a well or wells for the purpose c_= exploring for and /or producing oil, gas and /or other - rocarbcn substances; the easement and right of way granter _rein shall lie under that certain parcel of real proper._ situated in the City of Newport Beach, County of Orance, =-ate of California, and more particularly describes in Esca:t__ "A" to this Deed and such description by this re- ferenca _s made a part hereof as though set forth at length. SUBSURFAC- PASS - THROUGH EASEMENT (G), Pace i 0 BK 14020 PG 1623 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" attache :.,: here- to and the depth above — specified, or to bottom any well within the boundaries of the Grantor's =eat 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 dai:.3e 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 si:- le by the City of Newport Beach and also any lands owner fee simple by the City of Newport Beach, and fur - ther ex- luding streets and lands lying within the former Pacic Electric Railway Company right of way; provided, however, that Grantor shall not be entitled to any compen- satie.. based upon oil lost through evaporation, leakage, or othe_,ise, or upon gas used, consumed or lost in extraction of ga_oiine, or upon any oil or gas used in connection with anv Ka11 drilled or operated hereunder, or upon any gas which _s used for repressuring any oil bearing formation in an ?::�r;m.pt to further production from any such well or wells; -: r shall Grantee be obligated hereunder to save any gas, _::capt as there is a reasonable market and value for the _a. _ G_antee shall be entitled to deduct from the compen- satios i.ereunder the Grantor's proportionate share of any SUBSURFACE PASS - THROUGH EASEMENT (G), Page 2 BK 14 0 20 P6 1 624 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 pay a,nt 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 =ass- 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. €ur*_: ^e- ore, if it should be determined that Grantor owns less t_. n all of the rights to provide Grantee the easement rieht � ^ right of way conveyed herein, Grantee shall be en.tit %ed to accept such rights as are granted herein by Granter, and prorate the compensation accruing to Grantor accorcin�ly. _t_'s Subsurface Pass- Through Easement shall be and be- come effective from and after the date that Grantor executes the sale, or January 26, 1981, whichever is later. _ =antor hereby agrees to make no claims in eminent dcma'- against Grantee relating to the herein - described land, including without limitation any claims for fees, costs, _ttorneys' fees, abandonment costs, interest, those claims xhich may arise out of Grantee's immediate pos- sess-._:- of Grantor's real property and any claims pursu- SUBSURFACE 'PASS - THROUGH EASEMENT (G), Page 3 BK 14020 Pe 1 625 ant to California Code of Civil Procedure Sections 1036, 1263.410, 1_263.420, 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 Hut day of l") 198L. -�< 0 CAROLYN %P. MARES Grantor SUBSURFACE PASS — THROUGH EASEMENT (G), Page 4 WH'LC,. c',= ENSA IDN PAYMENT_ P.RE TO BE SENT: { 0 SUBSURFACE PASS — THROUGH EASEMENT (G), Page 4 LEGAL DESCRIPTION BK 1 4020 PG 1 626 Lot 1 of Block 9 of Tract No. 772, as shown on a map recorded in Book 23, Pages 5 and 6 of Miscellaneous Maps, records of orange County, California EXHIBIT "A" taT nl+PT (l ri• i� 1 Calal.0 u av V • J LEGAL DESCRIPTION BK 1 4020 PG 1 626 Lot 1 of Block 9 of Tract No. 772, as shown on a map recorded in Book 23, Pages 5 and 6 of Miscellaneous Maps, records of orange County, California EXHIBIT "A" BK 1 4020 P6 1627 DESCRIPTION Oxbow Oil Production Condemmation All those certair. '_ands situated in the City of flewnort Beach, Countv of Orange, State of California, more particular described as follows: PARCEL "G" Beginning at ':e intersection of the centerline of Ocean Front (fornerly Ocean avenue) as said streetis shown on a -nap of the Seashore ColonyTrac_ recorded in Book 7, Page 25 of Miscellaneous Maps in the Office of the County Recor�l•er cl said Coun °y with the northwesterly boundary line of the City of `kewoor. Beac :, said north•vesterly boundary line being the southeasterly line Of Surarnit Street, 30.00 feet in width, as shown on said map of the Seas; ore Colon -,- Tract, said point of beginning being a point in the boundary line of t ^e land described in the parcel entitled "EXF?IBIT A TO SU$SURFACE EASEMENT " recorded in Book 2524, Page 391 of Official Records of said County; thence along said last naentioned boundary line through the folio-,=ring courses. along said northwesterly boundary lire of the Ci :y of Newport Beach North 350 57130" East ?72.31 feet . to the cen *.erl ?r.e of the Santa A River as described in Case No. 22797 of the superior Courtoi t:':e State of California in and for the County of Orange and as sho:•;n on a rnaa filled in. Book 65, Pages 31 through 36 of Records of Su: reys in the Off ce of the County Recorder of said County; thence along said centerline South 78'00122" East, 515.70 feet and South 660s!2120" East, 643.27 feet to the northerly prolongation of the line dividing Lots 6 and 7 in Block 1', of Tract No. 772 as shown on a roan recorded in Bock 23, Pages 5 a ° ; 6 of said i`aiscellanecus Mans; thence along said ncr'.heriv prolo,egar.or„ said dividing line and the southerly prolongat;on thereof Sout° 7'44'51" West 148.87 feet to a point on a curve in the oenteri r c of Cana'_ Street as said street is shown on said man of Tract No. 772, said cu:-. e being concave northerly and 'having a radius of 685.00 fee:: thence easterly along said curse and centerline 10. 63 feet through a cent al angle of 0'53121" to the centerline of Fern ` meet as said street.:S Sl ^ -a-. n on said rnap of Tract No. 772; thence aio,:g said centerline o; . e7n Street South 35'51`00" West:, 26.45 feet to the north- westerly c.-c1 anon of *.he northeasterly line of Lot 10 in Block 8 of said Traci `:'o. -72; thence along said northwesterly prolongation, said nor...ieaste l" `"e of Lot '0 and the southeas -.erly prolongation thereof Sou:h 54 °0'?'01 " — _st. 10-. 94 feet to the centerline of the 10 foot alley in said C thence aions said centerline of the 10 foot alley Sou-.^ 'z �s ^ -0. 0!0 feet to the south westerly lire of said Trap: No. ? '_ a ._cpt in the centerline of the 10 foot alley in Bloc'.", 8 of said S s = ny Tr c*.; .hence along said centerline of the 10 foot a!:ev in 3 ck 3 �euth 35'?i'il" West, 120.00 feet to the north%vesterly prc!: :^ z; cn. r nort;casterly line of Lot 4 in Block 8 of said Sea- s;or_ Co'.cc% ..-_ -.. theln__ along said nor- ," %vesterly prolongation, said e ar, -I the southeasterly prolongation thereo[ EXHIBIT "B" - Page 1 a 0 BK 1 4020 P6 1 628 South 54 °09'00" East, 114.93 feet to the centerline of Orange Street as said centerl. ".e is shown on said map of the Seashore Colony Tract; thence along said centerline and the southwesterly prolongation thereof South 35 °47130" Viest, 137. 17 feet to the northeasterly right -of -way line of the Pacific Electric Railway, being the northeasterly line of Tract No. 4400 as s: -own on a map recorded in Book 162, Pages 20 through 26 of said Miscellaneous Maps: thence along said northeasterly right -of -way line So:ah 54 °02'30" East, 118.67 feet to. the northeasterly prolongation of the line di:idi-:g Lots 7 and 3 in Block G of said Seashore Colony Tract; thence along said northeasterly prolongation, said dividing line and the southwesterly prolongation thereof South 35 157'30" West, 276.10 feet to said centerline of Ocean Front as said street is shown on said map of the Seas.aore Colony Tr: =.a; thence along said centerline North 550 51'30" West, 1520. 63 feet to the POINT OF BEGINNING. I CONT =NG 21.333 Acres, more or less EXHIBIT "B" - Page 2 eK 14020 Po 1 620 .•40p14t 5. C x IQ OZ _ 6 ww m I. r `F ri. `o= lz - Y IL Wm t. 5 o lz ��--•e �6i _ � � � � y4.� s � '�_ � i'_itr .�5 a W 2rt EXHIBIT "C" STATE OF CALIFORNIA ss. COUNTY OF ORANGE • BK 14020 P6 1 630 On 2L :,t,, /% , 19,E /, before me, the under- signed, a rotary Public in and for said State personally ap- peared ERNEST R. MIJARES AND CARC,YN P. MIJARES 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 1 g . r WILLIAM J. GLU it Notary P., "lic in and for said FUNCIPY PUBLIC County and State PAN DIED OFFlCE. IN SAN DIEGO COUNTY My Commission Exp. ;Nov. 15, 1982 N4A7tiL•. S`dLi °_9lS•.°d4'J'.Yr1 °,#`.:`. 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 arsuant to authority conferred by an adopted resolution by '..le City Council dated May 13, 1968 , and the Grantee consents to recordation thereof by its duly authorized officer or agent. IN 9 TN�GS WHEREOF, I have hereunto set my hand this SUBSURFACE PASS- THROUGH EASEMENT (F), Page 5 • 'ORIGINAL JK /MM C71961B3 :. Parcel, G -19 ,:: RECORDED IN OFFICIAL R =CORDS WHEN RECORDED MAIL TO ,LA., OFOga+cE000r+rv, au =oaau CITY OF NEWPORT BEACH 3300 Newport Boulevard LC -j7�0 PpA AUu 9 83 Newport Beach, California; 9.2 EXEMPT C H CDUNrY EN1.1Zfk d ) i MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX CITY OF NEWPORT BEACH Computed on the 3300 Newport Boulevard consideration or value Newport Beach, California 92663 of property conveyed. Computed on the consideration or value less liens or encum- brances remaining at time of sale. Signature of Declarant or Agent determining tax - - Firm Name r SUBSURFACE PASS- THROUGH EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ROGER De YOUNG, a married man, as his sole and separate property an undivided one -half interest and DONALD B. AYRES, Jr., a married man, as his sole and separate pro- perty as an undivided one -half interest hereby GRANT(S) and conveys to the CITY OF NEWPORT BEACH, a municipal corporation, and its successors and assigns, an easement and right of way, for a term of seventy -five (75) years, to drill, test, complete, equip, maintain, repair, clear, redrill, deepen, operate, produce, dismantle (remove casing and other equipment from), plug and abandon under and through the subsurface of that certain real property herein- after described in which Grantor has reserved the right to control subsurface pass- through easements ( "Grantor's real property" herein), at a depth not less than Four Hundred (400) feet measured vertically below the surface thereof, a well or wells for the purpose of exploring for and /or pro- ducing oil, gas and /or other hydrocarbon substances; pro- vided, however, that any well or wells drilled subsequent to the date of execution of this easement shall be drilled at a depth not less than Five Hundred (500) feet measured verti- cally below the surface of Grantor's real property. The easement and right of way granted herein shall lie under that certain parcel of real property situated in the City of Newport Beach, County of Orange, State of California, and more particularly described in Exhibit "A" to this Deed and such description by this reference is made a part hereof as though set forth at length. The rights granted herein to er:�ntee are Eor the purpose of drilling for, pro<]L.cin <.is extract 1_*;, irk` arld removing SUBSURFACE PASS - THROUGH EASEMENT (G), Page 1 0 83- 31040 0 oil, gas and other hydrocarbon substances by means of slant holes or wells drilled through and beneath the lands des- cribed in Exhibit "B," which by this reference is made a part hereof as though set forth at length, into tide waters beneath the Pacific ocean and connecting waters; provided, however, that the 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 sur- face of the lands described in Exhibit "A" attached hereto and the depth above- specificed, or to bottom any well within the boundaries of the Grantor's real property. A plat show- ing the area affected by such easement is attached hereto as Exhibit "C." This grant is made on the condition that Grantee, in its drilling and production operations, shall use and install materials of good quality and condition, and all wells shall be drilled and maintained by Grantee in the best workmanlike manner and in accordance with good oil field practice, and all water sands encountered therein shall be, effectively and in a proper manner, plugged off; all drilling and other operations of Grantee hereunder shall at all times be con- ducted 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 reasonably 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 Gran- tee, as compensation for the easement and right of way gran- ted hereunder, shall pay to Grantor a sum equal to such pro- portionate share of three and two hundred seventy -five thousandths percent (3.275$) of the market value of all oil, gas and other hydrocarbon substances produced, saved and sold by means of any and all oil wells drilled and /or operated by Grantee during the term hereof under and through any part or parts of the lands described in Exhibit "B" hereto and bot- tomed beyond the outer boundaries described in Exhibit "B," as the square footage of Grantor's real property, as des- cribed in Exhibit "A," bears to the total square footage of the lands lying within the outer boundaries of Exhibit "B," excluding public streets and highways owned in fee simple by the City of Newport Beach and also any lands owned in fee simple by the City of Newport Beach, and further excluding streets and lands lying within the former Pacific Electric Railway Company right of way; provided, however, that Grantor shall not be entitled to any compensation based upon oil lost through evaporation, leakage, or otherwise, or upon gas used, consumed or lost in extraction of gasoline, or upon any oil or gas used in connection with any well drilled or operated hereunder, or upon any gas which is used for 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 mineral rights, severance, production or other similar tax which may be levied against or in connection with the pro - duction 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 propor- tionate share of the cost of treating and transporting for treatment any unmerchantable oil upon the basis of which com- pensation is paid hereunder. For the purpose of this Subsur- face Pass- Through Easement, "the cost of treating and trans- porting for treatment any unmerchantable oil" mentioned in the preceding sentence shall be deemed to be the actual cost SUBSURFACE PASS- THROUGH EASEMENT (G), Page 2 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 Gran- tee shall be entitled to continue to mail compensation pay- ments hereunder to that address set forth below until noti- fied by Grantor in writing of any change in the address to which such payments hereunder are to be sent; provided, fur- ther, that whenever any such payment is less than Ten Dollars (510,00), Grantee may defer payment of the same until the amounts accumulating thereto shall be at least equal that amount; and provided further, that Grantee shall not be required to issue more than one check per payment period in payment of all of the interests in and to any particular lot and parcel, or any two or more lots or parcels now owned by the same Grantor or group of Grantors. No change in the ownership of land or interests covered by this Subsurface Pass- Through Easement and assignment or transfer by operation of law, or otherwise, in whole or in part of the compensation shall 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. Further- more, if it should be determined that Grantor owns less than all of the rights to provide Grantee the easement right and right of way conveyed herein, Grantee shall be entitled to accept such rights as are granted herein by Grantor, and pro- rate the compensation accruing to Grantor accordingly. This Subsurface Pass - Through Easement shall be and become effective from and after the date that Grantor exe- cutes 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 possession of Grantor's real property and any claims pursuant 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 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 continguous to the Grantor's real property interests hereby conveyed for the purposes described herein. SUBSURFACE PASS- THROUGH EASEMENT (G), Page 3 83- 3abo40 0 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 1st day of August 1983. R GE De YOUNG Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: Roger D- • n• Donald B. Ayres. Huntington Beach, r;4- 92648 SUBSURFACE PASS - THROUGH EASEMENT (G), Page 4 p3-3' -- „040 STATE OF CALIFOF�I IA ss. ”' 3 I -11.?. LJ COUNTY OF _U Y'dnge on P_u just 1 , 1983 ,before me, the unaers)gnod. a Notary Public in Ana for said State. personally appeared Roger DeYoung and Donald B. Ayres, Jr. C E t personally known to mej MXiXXdAg{rXW"%IIXXX0"i §Xx XaCNXbWXX0Cto be the pe rson(s) whose namelsl is/are sub- ;. ;* OFFICIAL SEAL Barbara A. Flannelly - scribed to the within instrument and acknowledged to me that .p NOTARY PUBLIC-CALIFORNIA. a he/she /they executed the same. ` PRINCIPAL OFFICE IN p✓ ORANGE COUNTY N °J WITNESS my hand andoWcial seal, •My Commission Expires Feb. 6. 1987 c Y 0 Signatur C (This area for official notarial seal) B bA. lannel1 CERTIFICATE OF ACCEPTANCE Government Code Sec. 27281 unde r- csonally =o me to within ne . nd this id 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 duty authorized officer or agent. IN WITN SS WHEREOF, I have hereunto set my hand this day of Ll arli 5 19. SUBSURFACE PASS - THROUGH EASEMENT (G), Page 5 PARCEL No. G -115 LEGAL DESCRIPTION Lot 2 of Block 9 of Tract 772, as shown on a map thereof, recorded in Book 23, Pages 5 and 6 of Miscellaneous Maps, records of the County of Orange, State of California. EXHIBIT "A" 9 83- 344040 DESCRIPTION Oxbow Oil Production Condemnation All those certain lands situated in the City of Newport 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) as said street is syo:vn on a -nap of .he Seashore Colon,rTract recorded in Book 7, Page 25 of Miscellaneous Maos in the O.'fice of the County Recorder of said County with the northwesterly boundary line of the City of Newport Beach, said northweserly bou ndar-y line being the southeasterly line of Sum-nit Street, 30. 00 feet in wid.h, as shown on said man of the Seashore Colony Tract, said point of beginni. ^.g being a point in the boundary line of the land described in the parcel entitled "E:i f_iT A TO SUBSURFACE EASE.AENT" 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 350 57'30" East 472.31 feet to the centerline of the Santa Ana R:.ver as described in Case No. 22797 of the SuperiorCourtof .he State of California in and for the County of Orange and as sho-.vn on a map filed is 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 78 000122" East, 515.70 feet and ScuL! 660 42'20" East, 643. 27 feet to the nb*-therly 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 °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 rnao of Tract No. 772, said curve being concave northerly and having a radius of 685.00 feet; thence easterly along said curve and centerline 10. 63 feet through a central angle of 0° 53121" to the centerline of Fern St-eet as said street.is shown on said map of Tract No. 772; thence along said centerline of Fern Street South 35 °51'00" West, 26.45 feet to the north- westerly prolongation of the northeasterly line of Lot 10 in Block 8 of said Tract No. 772; thence along said northwesterly prolongation, said nori°easterly line of Lot 10 and the southeasterly prolongation thereof South 54° 09' 00" East, 104.94 feet to the centerline of the 10 foot alley in said Block 8; thence along said centerline of the 10 foot alley South 35 051'00" ,Vest, 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 Seashore Colony Tract; thence along said = enterline of the 10 foot alley in Block 8 SOU:h 35'47'11" West, 120.00 feet to the northwesterly prolongation of the northeasterly line of Lot 4 in Bloch. 8 of said Sea- shore Colony Tract; thence along said northesterly prolongation, said nor'!:easterl; lire and the so u. heas.erly prolongation thereof EXHIBIT "B" - Page 1 83- 344040 South 54 °09'00" 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" Nest, 137.17 feet to the northeasterly right -of -way line of the Pacific Electric Railway, being the northeasterly lire of Tract No. 4400 as shown on a mar) recorded in Book 162, Pages 20 through 26 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 3 in Block G'of said Seashore Colony Tract; thence along said northeasterly prolongation, said dividing line and the southwesterly prolongation thereof South 35057'30" West, 275.10 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 55° 51'30" West, 1520. 68 feet to the POIPIT OF BEGINNING. I, i CONTAENTUti'G 21.363 Acres, more or less F. EXHIBIT "B" - Page 2 W • 83- 344040 0 ✓,x °'i�S e��� I�,r�� �y 12J x Ic _ � \ Y = U r Yo s 1 i JIB L:-_ zo. �� I¢ I \ u3 I 1 -., � d o W. W �L EL -'(7 r-- m` AC\ a.• a H EXHIBIT "C" RE( DRD!NG REQUESTED gY WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 At, 7 • JK /MM 12/8/80 Parcel G -24 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA EXEMPT -2s2 PM AUG 9'85 C C>4�,_ y / U Vno+..tl�� COUNTY RECORDEV r, T Gov 0—L)A 6/D 3 MAIL TAX STATEMENTS TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 r� % NrrF4 {uJAT 8�� 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, PHILIP L. B2PDY, APP. P. L. BRADY 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 (G), Page 1 • Ss -z�cs �' • 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 (G), Page 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 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 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 (G), Page 3\ n 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 3r L`' day of Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS1p ARE TO 1B(E/; SENT: SUBSURFACE PASS- THROUGH EASEMENT (G), Page 4 sq -377 - - Social Security Number PHILIP L. BRADY Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS1p ARE TO 1B(E/; SENT: SUBSURFACE PASS- THROUGH EASEMENT (G), Page 4 STATE. OF CALIFORNIA COUNTYOF GI�AfJC� U SS' On cJ I'N i `S5 before me, the undersigned. :a Notary Public in and for said State, personally appeared !`� i. +I L) f' L • f �P 21 E) `9 _ proved to me on the basis of satisfactory evidence to be the person_ whose name I S subscribed to the within instrument and acknowledged that )1 P exe- cuted the same. WITNESS my hand and official seal. Signature L P OFFICIAL SEAL GWYNNE CHEUNG m NOTARY PUBLIC - CALIFORNIA ORMNGE COUNTY My comm. expires AN 21. I5ag (Thu area for official notarial seal CERTIFICATE OF ACCEPTANCE Government Code Sec. 27281 This is to certify that the interest in real property conveyed by the Deed as set forth above to the CITY OF 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 WITNESq WHEREOF, I day of 19 I {/ reunto set my hand this SUBSURFACE PASS— THROUGH EASEMENT (G), Page 5 u Lot 4 in Block 10 of Tract 772, as shown on a map there- of recorded in Book 23, Pages 5 and 6 of Miscellaneous Maps, in the office of the County Recorder of Orange County, California, and the alley adjoining said Lot 4 abandoned December 14, 1953, by resolution of the City Council of the City of Newport Beach, a certified copy of which resolution was recorded December 16, 1953, in Book 2634, Page 426, of Official Records. EXHIBIT "A" S' DESCRIPTION Oxbow Oil Production Condemnation All those certain lands situated in the City of Newport 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) as said street is shown on a map of the Seashore Colony Tract 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 Newport 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 centerline of the Santa Ana River as described in Case No. 22797 of the Supei- iorCourt of 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 78 000122" East, 515.70 feet and South 66 042'20" East, 643.27 feet to the nor herly 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 685_00 feet; thence easterly along said curve and centerline 10.63 feet through a central angle of 0'53121" to the centerline of Fern Street as said street.is shown on said map of Tract No. 772; thence along said centerline of Fern Street South 35 °51'00" West, 26.45 feet to the north- westerly prolongation of the northeasterly line of Lot 10 in Block 8 of said Tract No. 772; thence along said northwesterly prolongation, said northeasterly line of Lot 10 and the southeasterly prolongation thereof South 54 °09'00" East, 104.94 feet to the centerline of the 10 foot alley in said Block 8; thence along said centerline of the 10 foot alley South 35 051'00" West, 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 Seashore Colony Tract; thence along said centerline of the 10 foot alley in Block 8 South 35 °47'11" West, 120.00 feet to the northwesterly prolongation of the nort. ".easterly line of Lot 4 in Block 8 of said Sea- shore Colony Tract: thence along said northwesterly prolongation, said northeasterly line and the southeasterly prolongation thereof EXHIBIT "B" — Page 1 South 54 °09'00" 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 35 047'30" 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 26 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 °57130" 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 55° 51'30" West, 1520. 68 feet to the POINT OF BEGINNING. CONTAINE'gG 21.383 Acres, more or less ►' EXHIBIT "B" - Page 2 \` • S5 -- ,1 'ar / Vi 1p iv i �• � F /� ,r I F . R gl V r1�'t I I IA ; 4i V o <, m z Ft B 2 LS 3 n� �o s^ /' 'r•�yrr \ \r8 � I � Illy. /I W tae cc \9� P /gyp /�E""\ iE'2LI LVf:(,SYn ~^E qmQ ma, uj O °\ Z lu- Sy ,s\ ¢yam YDmx 6Ci T\ M1rOtt. S Il }Cw e of ;m W o ° EXHIBIT "C" SEC ES E� e� J f�4 WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beaeh�y.C�fariY'a Deed i No. MAIL TAX STATEMENTS TO: CITY OF NEWPORT BEACH 83- 553784 92663 JK /MM 12/8/80 Parcel G -27 RF.0 ^��ED '; pi OFFtG IAL i?�Gt�. ^,CS OF pflANGt G�"f y,pALrFJiitdlA. bt -'EAPT ,zo p u�C 518, CIO /J '.G OU NTY DOCUMENTARY TRANSFER TAX 3300 Newport Boulevard .Computed on the con - Newport Beach, California 92663 sideration or value of N m property conveyed. ✓\ Computed on the con - y,_TY OF S9 P� € "':'OI;T 3cA H, `;.;�: sideration or value less 'liens or encumbrances re ma at time of sale. JAiNif 5 1984:0 ; yj g Signature of Declarant or Agent determining tax - - Firm Name SUBSURFACE PASS - THROUGH EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ALAN L. MILLIGAN and ARMIDA F. MILLIGAN, 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 (G), Page 1 83- 553784 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 "bf 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 (G), Page 2 r ..w - . , ..,. -.. . .- . 83- 553784 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 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 (G), Page 3 83- 55.3184 ant to California Code of Civil Procedure Sections 1036, 1263.410, 1263.420, 1268.610, 1268.620 and 1268.710. Gran- tor also agrees and consents to the dismissal of any emi- nent domain action in the Superior Court wherein Grantor's real property is included. Grantor further understands the purpose for which this Grant is being made and Grantor, for itself, its successors and assigns, hereby waives any claim for and all damage to such Grantor's property or remaining property contiguous to the Grantor's real property interests hereby conveyed for the purposes described herein. This Subsurface Pass- Through Easement and each and all of its provisions shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, this Subsurface Pass- Through Ease- ment has been executed this /c/ day of 1983 Dglcr=�� A A L. LIGAN • IDA F. MILLIGAN ' Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: SUBSURFACE PASS - THROUGH EASEMENT (G), Page 4 83- 553784 PARCEL No. G -27 LEGAL DESCRIPTION Lot 2, in Block 11 of Tract 772, as per map recorded in Book 23, Pages 5 and 6 of Miscellaneous Maps, in the Office of the County Recorder of the County of Orange, State of California. EXHIBIT "A" 83- 553784 DESCRIPTIOt4 Oxbow Oil Production Condemnation All those certain lands situated in the City of Hewoort 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) as said street is shown on a man of the Seashore ColonyTract 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 Newport 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 ooint.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 350 57130" East 472.31 feet to the centerline 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 cente rline South 780 00' 22" 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 °44151" 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 685.00 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.is shown on said map of Tract No. 772; thence along said centerline of Fern Street South 35 051'00" West, 26.45 feet to the north- westerly prolongation of the northeasterly line of Lot 10 in Block 8 of said Tract No. 772; thence along said northwesterly prolongation, said nor heasterly line -of Lot 10 and the southeasterly prolongation thereof South 54 009'00" East, 104.94 feet to the centerline of the 10 foot alley in said Block 8; thence along said centerline of the 10 foot alley South35051'00" West, 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 Seashore Colony Tract: thence along said centerline of the 10 foot alley in Block 8 South 35 047111" West, 120.00 feet to the northwesterly prolongation of the northeasterly line of Lot 4 in Block 8 of said Sea- shore Colony Tract; thence along said northwesterly prolongation, said northeasterly line and the southeasterly prolongation thereof EXHIBIT "B" - Page 1 a_ 83 -5r3 784 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 °47'30" 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 26 of said Miscellaneous Maps; thence along said northeasterly right -of -way line South 54'02130" East, 118. 67 feet to. the northeasterly prolongation of the line dividing Lots 7 and 3 in Block G of said Seashore Colony Tract; thence along said northeasterly prolongation, said dividing line and the southwesterly prolongation thereof South 35057'30" 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. CONTA1 i1 iG 21.383 Acres, more or less A: EXHIBIT "B" - Page 2 I 83- 553784 I F'. I 1 T\\ 1 I u C w x44 3 �W. • e'4 '' °aL' J�' � °'�+:: i i{. yp 4x144 yi C13 I • U +"°AO 3.51. t' ,^ xs�_ i l }�II�� IL II In i., F p ce. u..m 3. Qal (fin e\ L ^ I iY1 3d0 3 r LL 1s e° vss ¢ U W 3, v W o0 EXHIBIT "C" 83- 553784 STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On X116&6 7 / `j , 19,13, before me, the under- signed, a Notary Public in and for said State personally ap- peared ALAN L. MILLIGAN and ARMIDA F. MILLIGAN, 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 A ,� -4 S7 , 19,x• - Of FICIAL SEAL PEGGY MICHEL NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Exp. Jan. 31, 19 Notary 'Public in and for sa 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 . 1968 and the Grantee consents to recordation thereo13f by its duly authorized officer or agent. IN WITNESS WHEREOF, I have hereunto set my hand this 5- day of Ilec 19yi. SUBSURFACE PASS- THROUGH EASEMENT (G), Page 5 M r�p1 a� WHEN CITY 3300 RECORDED MAIL TO: OF NEWPORT BEACH Newport Boulevard rrt— Seach., Califon IDeed 07, /' No. ORIGINAL 83- 344037 JK /MM 12/8/80 EXEMPT Parcel G -28 CIO RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY. CALIFORNIA y CITY (1p `' -lion PM AUG 9'83 COUNTY 'iE1yP %; c6ifH, ) R ORDER SEP 7 i983�' :_ � C Rri.El!h� t::�l +.,711' GIERK ;r MAIL TAX STATEMENTS TO::'T r'• / /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, DONALD G. BORTHWICK and DONNA JOAN BORTHWICK, 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 (G), Page 1 NAULWt'tKMMENTS TO RETURN ADDRESS A13016 g3- 344037 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 (3.2753) 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 ((7), Page 2 83- 344037 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 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 (G), Page 3 t • 83- 344037 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 _ol -sr day of SULY 1983. DONALD G. BO HWICK DONNA OAN BORTHWICK Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: AL'S" C- %�/✓'3� ,5i-. SUBSURFACE PASS- THROUGH EASEMENT (G), Page 4 I y G w Irtl N W a v c �t Q N m m • a ch 10 U 83- 344037 STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) STATE OF CALIFORNIA • O SAFECO TITLE INSURANCE Orange 1 )SS. COUNTY OF On this the _ 1s day of _,__ July _ _ _ 19 83 , before me the undersigned, a Notary Public in and for said County and State, personally appeared _...._.._— — _ :............___ —__.. . ..... _......._ personally known to me or proved to me on the basis of satisfactory evidence to be the person s whose name S__a1;Abscribed to the within instrument and acknowledged that theyexecuted the same. Signature of Notary Doris B. Baer FOR NOTARY SEAL OR STAMP • OFFICIAL SEAL • DORIS S. BAER • NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY" • My Commission Expires Aug. 22, 1986 iili HH•• N• ••�•••••�N•N••e 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 Mai 13, 196A ' and the Grantee consents to recordation thereof by its duly authorized officer or agent. IN WITNESS WHEREOF, I have hereunto set my hand this C day of , 19 SUBSURFACE PASS - THROUGH EASEMENT (G), Page 5 33- 344037 PARCEL NO. G -28 LEGAL DESCRIPTION Lot 3, Block 11, of Tract No. 772, as shown on a Map thereof recorded in Book 23, Pages 3 through 6, Inclusive, of Miscellaneous Maps, in the office of the County Recorder of the County of Orange, State of California. EXHIBIT "A" 0 • 83- 344037 DESCRIPTIOti oxbow Oil Production Condemmation All those certain lands situated in the City of ilewoort 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 Ave :nue)as said street is shomm on a mao of the Seashore Colon-,-Tract recorded in Book 7, Page 25 of Miscellaneous Maps in the Office of 'he County Recorder of said County with the northwesterly boundary line of the City of Newpor-6 Beach, said northwesterly bounda_ f line being the southeasterly line of Summit Street, 30. 00 feet in width, as shown on said mat) of the Seashore Colony Tract, Said point of beg,.nning being a point in the boundary line of the land described in the parcel entitled "EX-- .i121T A TO SUBSURFACE' EASEMENT" recorded in Book 2524, Page 391 of C:`ficial 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 35057'30" East 472.31 feet to the centerline of the Santa Ana River as described in Case No. 22797 of the Suoei•iorCou:-tof 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 Surreys in the Offce 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 man of Tract No. 772, said curve being concave northerly and 'having a radius of G85. oo feet; thence easterly along said curve and centerline 10. 63 feet through a central angle of 0° 53121" to the centerline of Fern Street as said street.is shown on said map of Tract No. 772; thence along said centerline of Fern Street South 35 °51'00" West, 26.45 feet to the north- westerly prolongation of the northeasterly lire of Lot 10 in Block 8 of said Tract No. 772; thence along said northwesterly prolongation, said northeasterly line of Lot 10 and the southeasterly prolongation thereof South 54 °09'00" East, 104.94 feet to the centerline of the 10 foot alley in said Block 8 thence along said centerline of the 10 foot alley South 35 °51'00" West, 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 Seashore Colony Tract; thence along said :cnterline of the 10 foot alley in Block 8 Sou-.h 35'47'11" Nest, 120.00 feet to the northwesterly prolongation of :he northeasterly line of Lot 4 is Block 8 of said Sea- shore Colony Tract: thence along said nort.hwesterly prolongation, said northeasterly lire and the southeasterly prolongation thereof EXHIBIT "B" - Page 1 83- 344037 South 54'09'00' 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 °47'30" 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 26 of said Miscellaneous Maps: thence along said northeasterly right -of -way line South 54° 02'30" East. 113. 67 feet to. the northeasterly prolongation of the line dividing Lots 7 and 3 in Block G of said Seashore Colony Tract: thence along said northeasterly prolongation. said dividing line and the southwesterly prolongation thereof South 35 057'30" West. 276.10 feet to said centerline of Ocean Front as said street is shown on said man of the Seashore Colony Tract: thence along said centerline North 550 51'30" West, 1520. 68 feet to the POIVT OF BEGINNING. CONTAZN7NG 21. 333 Acres. more or less k•. EXHIBIT "B" — Page 2 w itk F. 3 83 -3 L O37 EXHIBIT "C" LLL Ft 1A. te U.J T 11 ",Lj 14 uj uj.l • • BK 14168PG 35� 291-1 JK /MM 12/8/80 Parcel G- 29 WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 City Clerk I Deed No. /(�/ MAIL TAX STATEMENTS TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 M C10 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY. CALIFORNIA 'I1 45 AM AUG 4 '81 LEE A BRANCH, County Recorder DOCUMENTARY TRANSFER TAX . . .Computed on the con- sideration or value of property conveyed. .Computed on the con - sideration or value less liens or encumbrances re- maining at time of sale. Signature of Declarant or Agent determining tax - - Firm Name SUBSURFACE PASS - THROUGH EASEMENT FOR VALUABLE CON IDERATION, receipt of which is hereby acknowledged, j jj2/l /cs� JAMES K. GRAHAM, a ' gle 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 (G), Page 1 BK 1416CPG 353 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 (G), Page 2 0 BK 1416CPG 354 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 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 (G), Page 3 • BK 14 Pu 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 )V day of i?._.,.1�,,, 198/. Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: SUBSURFACE PASS - THROUGH °ASEMENT (G), Page 4 B 14 163PG 315 G PARCEL No. G -29 LEGAL DESCRIPTION Lot 4 of Block No. 11 of Tract No. 772, as per Map recorded in Book 23, Pages 5 and 6 of Miscellaneous Maps, recorded in the office of the County Recorder of the County of Orange, State of California. EXHIBIT "A" nESCRIPTI01i 0 BK 14163PS 35 Orsbow Oil Production Condemnation All those certain lands situated in the City of `lexport Beach, County of Orange, State of California, more particular described as follows: PA RC EL "G" Beginning at the intersection of the centerline of Ocean Front (formerly Ocean Avenue) as said street is shown on a snap of the Seashore Colon,-Tract recorded in Book 7, Page 25 of Miscellaneous Maps in the Orrice of the County Recorder of said County with the northwesterly boundary line of the City of Newpor Beach, said nor'hwesierly boundary line being the southeasterly line of Summit Street, 30. 00 feet in width, as shown on said mao of the Seashore Colony Tract, said point of beginning being a point in the boundary lire of the land described in the parcel entitled "E,7 ?H=T A TO SUBSURF.kCE EASEiv1ENT" recorded in Book 2824, Page 391 of Official Records of said County; thence along said last -mentioned 'ooundar-r I!.-.e through the following courses: along said northwesterly boundary line of the City of Newport Beach North 33 °57'30" East 472.31 feet to the certe.rl:ae of the Santa Ana River as described in Case No_ 22791 of the Super :orCourtof the State of California in and for the County of Orange and as shown on a reap 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 73'00'22" East, 515.70 feet and South 66042'20" East, 643.27 feet to the northerly prolongation of the line dividing Lots o" and 7 in Block 11 of Tract No. 772 as shown on a map recorded in Sook 23, Pages S and 6 of said Miscellaneous Maps: thence along said northerly prolongation, said dividing line and the southerly prolongation thereof South 7 °44151" West 148.87 feet to a point on a curve in the centerline of Canal Street as said street is shown on said mao of Tract No. 772, said curve being concave northerly and having a radius of 685.00 feet: thence easterly along said curve and centerline 10.63 feet through a central angle of 0'53'91" to the centerline of Fern Street as said street.is shown on said map of Tract No. 772; thence along said centerline of Fern Street South 35'51'00" West, 26.45 feet to the north- westerly prolongation of the northeasterly line of Lot 10 in Block 8 of said Tract No. 772; thence along said northwesterly prolongation, said nor easterly line of Lot 10 and the southeasterly prolongation thereof South 54'09100" East. 104.94 feet to the centerline of the 10 foot alley in said Block 8; thence along said centerline of the 10 foot alley South 35' 51'00" West. 90.00 feet to the south westerly line of said Tract No_ 772 and a point in the centerline of the 10 foot alley in Block 8 of said Seashore Colony Tract: thence along said centerline of the 10 foot alley in Bloc!; 8 South 35'47'11" Nest. 120.00 feet co the northwes :erly prolongation of the northeasterly line of Lot 4 in Bloc' 8 of said Sea- shore Colony Tract: thence along said northwesterly prolongation. said northeasterly line and the soucheas :erly prolongation thereof EXHIBIT "B" - Page 1 LI BK 1416SPG 35- 3' South 51 °09'00" 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 26 of said Miscellaneous Mans; thence along said northeasterly right -ot -way line South 54'02130" East, 118.67 feet to.. the northeasterly prolongation of the line dividing Lots 7 and 3 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' I West, 276.10 feet to said centerline of Ocean Front as said street is shown on said man of the Seashore Colony Tract; thence along said centerline North 55051130" West, 1520. 00 "8 feet to the POINT OF BEGINNING. f. 1 CONT3'`iNG 21.383 Acres, more or less ►'•. EXHIBIT "B" - Page 2 I • • 'A BK 14 1 68Po 350 aL, ILL-1 EXHIBIT "C" C.) z Jx Wu O JZ O < 1. uz LU15, 8 m U CD cr Lu Z�: LL Lu iJ- • STATE OF CALIFORNIA ss. COUNTY OF ORANGE E BK 14160PG 360 On 3 -Q_q -9 1 before me, the undersigned, a No- tary Public in-and JAMES K. GRAHAM name is subscribed be the person who knowledged to me t for said State, personally appeared , known to me to be the person whose to the within Instrument, known to me to executed the within Instrument, and ac- hat _he executed the within Instrument. WITNESS my hand and official seal. OFFICIAL SEAL » , P.L. GALLAUGHER .� NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY MY Commission Exp. Dec. 15, 1983 CERTIFICATE OF ACCEPTANCE Government Code Sec. 27281 tary Public 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 WHE ,.EOF, I have hereunto set my hand this day of �_. 19� SUBSURFACE PASS - THROUGH EASEMENT (G), Page 5 83- 418820 JK /MM 12/8/80 WHEN RECORDED MAIL T0: [EXEMPT C rJ CITY OF NEWPORT BEACH 3300 Newport Boulevard [OF ROEOINOFFICIAERECOROS Newport Beach, California 92663 ANGECOUNry CAUF�'RRIA y Nei SE ? ' .3 RANCH. County Recorder MAIL TAX STATEMENTS TO: 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, PHILIP L. BRADY and ELAINE G. BRADY, 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 (G), Page 1 0,0 / �_ 7z. 83- 418820 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 sand's 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 (G), Page 2 d�& )Y 83- 418820 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 pray 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, 19.81, 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 (G), Page 3 83- 418820 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 fef t , 198,x. .v Dated: August 31, 1983 ELAINE G. BRADY Grantor ADDRESS OF GRANTORS TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: ONE -HATS' TO: Elaine G. Brady 209 Canal Street Newport Beach, CA 92663 ONE -HALF TO: SUBSURFACE PASS- THROUGH EASEMENT (G), Page 4 0_/6 -7 v Philip L. 'Brady 2209 Seabright Avenue Long Beach, CA 90810 G 83- 413820 PARCEL No. G -30 LEGAL DESCRIPTION Lot 5, 'Block 11 of Tract No. 772 as per map recorded in Book 23, Page 5 and 6 of Miscellaneous Maps in the office of the County Recorder of the 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, 1890. Also except any portion thereof lying below the mean high water line of the Santa. Ana. River. EXHIBIT "A" v 8,s- 418820 DESCRIPTION Oxbow Oil Production Condemnation All those certain lands situated in the City of tlewoort 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) as said street is shown on a map of the Seashore ColonyTract 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 Ciiy of Newport 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 35057130" East 472.31 feet to the centerli ne of the Santa Ana River as described in Case No. 22797 of the SuperiorCourtof the State of California in and for the County of Orange and as shov.,n on a map filed in Book 65, Pages 31 through 36 of Records of Surreys in the Office of the County Recorder of said County; thence along said centerline South 78 000122" 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 044151" 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 685.00 feet; thence easterly along said curve and centerline 10.63 feet through a central angle of 00 53121" to the centerline of Fern Street as said street.is shown on said map of Tract No. 772; thence along said ccnterline of Fern Street South 35 051'00" West, 26.45 feet to the north- westerly prolongation of the northeasterly line of Lot 10 in Block 8. of said Tract No. 772; thence along said northwesterly prolongation. said northeasterly line of Lot 10 and the southeasterly prolongation thereof South 54 003'00" East, 104.94 feet to the centerline of the 10 foot alley in said Block 8: thence along said centcrline of the 10 foot allcy South 35 °51'00" Nest, 90.00 feet to the southwesterly line of said Tract No. 772 and a point in the centcrline of the 10 foot alley in Block 8 of said Seashorc Colony Tract; thence along said = cnterline of the 10 foot allcy in' Block 8 South 35 °47'11" West, 120.00 feet to the northvesterly prolongation of the northeasterly lint of Lot 4 in Block 8 of said Sea- shore Colony Tract: thencc along said northwesterly prolongation, said northeasterly line and the southeasterly prolongation thereof EXHIBIT "B" - Page 1 __:.� ::: :............_..: _:..tea..::. 83- 418820 South 54 °09'00" 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 26 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 55 °51'30" West, 1520.68 feet to the POINT OF BEGINNING. i i CONTAINING 21.383 Acres, more or less 6' EXHIBIT "B" - Page 2 .. - +x., N' 4..rt: •C"..�� Y J'J".?.?in'crr.CJ'wF:1. rxy/.: 83- 418820 I� \C ' xi• lil s i.11 ♦� lI C _ 3 , EqK Ct - /.• � i � C tl i of C zi k v ax ae .V •/. ° I O ; .Y xlrl W K °a a 3 m \ EE`L �f 3S 1F- x�•ol 6� UO U — s= �• s ,. I U L= s a. • 1 14, •11M $n Ito x•IWx i5 x I W B n rI •° T 1 I° L _ 4 - ( o• e^ � a 1' I� l__ a cr CL LL O _ m oC fEp x)F Six a wns O a \ �- 0�1 � zJ 6 O �\ Li•1�� i �l:%� i ai w W Q c:f+ ;a i� wt =mW 41F -mi EXHIBIT "C" i Y Z Y i `Ia W r Y S J CAT. NO. NNO0627 10 1946 CA 17 -82) llndividual) (� p p ^ ®r TITLE INSURANCE V 3- L,i.8820 — AND TRUST — %�- AIICnnCOM~ STATE OF CALIFORNIA ) COUNTY OF ORANGE J On September 2, 1983 before me, the undersigned, a Notary Public in and for said State, personally appeared PHILIP L. BRADY 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 CAT. NO. NNO0627 TO 1944 CA 17 -82) (Individual) STATE OF CALIFORNIA COUNTY OF ORANGE On August 31, 1983 said State, personally appeared _ SS. 1 a t (�: � »���� <- �.a.-�� cam. c •�-�-��v::.'�x. (This area for official notarial seal) JAND TRUSTRANCE TITLE AMOn COMPMrY before me, the undersigned, a Notary Public in and for BRADY , 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 she exe- cuted the same. WITNESS my hand and official seal. 1 Signature i� 0FRWI.SFJLL UMRA LEE IJNG8LEY -m IWARYPUBUC- CA()FORM ORANGE COUNTY My Co,-.m. Expires March 22, IR5 (This area for official notarial. seal) CERTIFICATE OF ACCEPTANCE r Government Code Sec. 27281 r- d is 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 1,11 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 �er1�i 19 SUBSURFACE PASS - THROUGH EASEMENT (G), Page 5 117 .. - +R�a_� a'•w`�' {Yi. .. .9A �:n' ^f M�igt .`Y' lie 4i \F yy `"�' a3- 418820 EXEMPT WHEN RECORDED MAIL TO: C rJ CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 r� Deed r No. MAIL TAX STATEMENTS TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 JK /MM 12/8/80 '.Parcel G- 30 RECORDED IND IN GFFIC! OF ORANGE CODNrY. CALIFORNIA -909 Pb" LF.E A. SEP Z -1 Recorder DOCUMENTARY TRANSFER TAX S . . .Computed on the con - sideration or value of property conveyed. Computed on the con- sideration or value less liens or encumbrances re- maining at time of sale. Signature of Declarant or Agent determining tax - - Firm Name SUBSURFACE PASS- THROUGH EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, PHILIP L. BRADY and ELAINE G. BRADY, 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 (G), Page M- ��:..� �,;• --f-r KY ` �i. x, �' i' 5., 4¢` F:..£ i» �r 'if�Cdla+4�'@!!Y*em- C�sVa -. «:;r _... ai '^' `- sH'Cna+�i6 {-,. ..- Al( 7v 83- 418820 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 (G), Page 2 .. _.. _ _. ,a 4.x.+`5. s., .. w:w.ac?.i'�`+. �e°'- wo�r✓1 r- a., ., r -: � -.. �1 83- 418820 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 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 (G), Page 3 -) v 83- 418820 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 P day of Yegt , 198S. PHILIP L. BRADY Dated: August 31, 1983 L /�? �z — —_ ELAINE G. BRADY Grantor ADDRESS OF GRANTORSTO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: ONE -HALF TO: Elaine G. Brady 209 Canal Street Newport Beach, CA 92663 B -16.7 ONE -HALF TO: Philip L. Brady 2209 Seabright Avenue Long Beach, CA 90810 SUBSURFACE PASS- THROUGH EASEMENT (G), Page 4 M .y`:S.F"+C6 -"' a..vT.c . wW.. y� .,,•yy�cwi+iba= 4<w,+3,'+Sk!�L. :.'':s 1 .s.- �;?vs'+..+i x¢..'.iw�t .�,. ,._ .._� a:.., r:. � 83- 418820���?" PARCEL No. G -30 LEGAL DESCRIPTION Lot 5, Block 11 of Tract No. 772 as per map recorded in Book 23, Page 5 and 6 of Miscellaneous Maps in the office of the County Recorder of the 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, 1890. Also except any portion thereof lying below the mean high water line of the Santa Ana River. EXHIBIT "A" 53- 418820 DESCRIPTION Oxbow oil Production Condernnation All those certain lands situated in the City of Newport Beach, County of Orange, State of California, more particular described as fellows: PARCEL "G" 0 - /d- ?v Beginning at the intersection of the centerline of Ocean Front (formerly Ocean Avenue) as said street is shown on a map of the Seashore Colony Tract 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 Newport Beach, said northwesterly boundary line being the southeasterly line of Summit Street, 30.00 feet in width, as shown on said man 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° 57 +30" East 472. 31 feet to the centerline of the Santa Ana River as described in Case No. 22797 of the SupeNorCourtof 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 78 °00122" East, 515.70 feet and South 66 042'20" 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 685,00 feet; thence easterly along said curve and centerline 10.63 feet through a central angle of 0 053121" to the centerline of Fern Street as said street.is shown on said map of Tract No. 772; thence along said centerline of Fern Street South 35 °51`00" West, 26.45 feet to the north- westerly prolongation of the northeasterly line of Lot 10 in Block 8 of said Tract No. 772; thence along said northwesterly prolongation, said northeasterly line of Lot 10 and the southeasterly prolongation thereof South 54 °09,00" East, 104. 94 feet to the centerline of the 10 foot alley in said Block 8; thence along said centerline of the 10 foot alley South 35051'00" West, 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 Seashore Colony Tract; thence along said ^ enterline of the 10 foot alley in Block 8 South 35 047'11" West, 120.00 feet to the northwesterly prolongation of the northeasterly line of Lot 4 in Block 8 of said Sea- shore Colony Tract: thence along said northwesterly prolongation, said northeasterly line and the southeasterly prolongation thereof EXHIBIT "B" - Page 1 33- 418820 South 54 °09'00" 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" Nest, 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 26 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 559 51130" Nest, 1520. 68 feet to the POINT OF BEGINNING. CONTAIN ,PIG 21.383 Acres, more or less EXHIBIT "B" - Page 2 0 -(6 7 v i r -. . _ � � �.. E . ^Fx z +^' �':.� a w ,;,�•r ,�;� s S J?%`7•;'�:,"WsYMfi .t•, ,wp;f;;: 83- 418820 )t- 6 ?v Y 1 d x 1 A4 j •/ �r�es W r8 Yry/ - F t y i _ y s YO •.• � * 6 �� ili r b'. ♦ Yls.� jnu i � �g al I �� � j�U � ° n ca sw � ��' W \ ens o LL . vu ac. sa ! ale doh \ \\y Ya W < o W oO ai F-mz EXHIBIT "C" 0 t e Y S JY y CAT. NO. NNO0627 f in 19as CA (7 -92) THE INSURANCE 6 3— (f 1.8 8 2 0 . --0ANO TRUST Individual) Anton wrxwar STATE OF CALIFORNIA COUNTY OF ORANGE } Ss' On September 2,. 1983 before me, the undersigned, a Notary Public in and for said State, personally appeared PHILIP L. BRADY , 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 �J 1 CAT. NO NNW627 TO 1964 CA (7 -62) (Individual) STATE OF CALIFORNIA COUNTY OF ORANGE SS. On August 31, 1983 befor said State, personally appeared ELAINE G. BR y personally known to me or .proved to me on the basis of satisfactory evidence to be f C the person whose name >_s subscribed to the within instrument and acknowledged that She exe- cuted the same. WITNESS my hand and official seal. �+ Signature �r: r r 1 •: (This area for official notarial seal) fJTITLE INSURANCE J AND TRUST AMOacoMaaer the undersigned, a Notary Public in and for OFFIM6EN, TAMRA LEE IONGSIEY -s NOTARY PUBUC- CAUF0RN1A ORANGE COUNTY ` ttj C2mm. Expires Llarch 22, l9E5 (This area for official notarial seal) CERTIFICATE OF ACCEPTANCE Government Code Sec. 27281 LS I 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 there, by its duly authorized officer or agent. IN WITNESS WHEREOF, I have hereunto set my hand this day of 19 SUBSURFACE PASS - THROUGH EASEMENT (G), Page 5 e)L, , / 83 —tai fl8 ?_2 EXEMPT C5 WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 CI, r'x C:d }t1 Pao. /lo I3 MAIL TAX STATEMENTS TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 JnKK /MM 12/8/80 RECORDED IN OFFICIAL RECORDS OF DRAKE COUNTY, C }.0 G.11(i AA LEE A. BRANCH. COUITty ReCOTdeT 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, BERNIECE LINDSEY REYNOLDS, an unmarried 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, 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 (G), Page 1 -4- 16 73 g3- 418822 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 time's 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 (G), Page 2 63- 418822 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 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 (G), Page 3 1-1a��) 83- 4'18822 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- Througgh Ease- 19 8:�. ment has been executed this day of /7, �f i BERNIECE LINDS .t YN .DS ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: �-z 9� 5' ,A,j7-S2 141VA , C'AI SUBSURFACE PASS - THROUGH EASEMENT (G), Page 4 Grantor ,D-16 -7z> . 63- 418822 Parcel No. G -31 LEGAL DESCRIPTION Lot 6 in Block 11 of Tract No. 772, as shown on a map thereof recorded in Book 23, at pages 5 and 6 of Miscellaneous Maps, records of said Orange County, California. EXHIBIT "A" -�3 83- 418822 DESCRIPTION Oxbow Oil Production Condemnation All those certain lands situated in the City of Newport 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 ?.venue) as said street is shown on a man 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 Necvnor 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 EXEIBIT 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 350 57130" East 472. 31 feet to the centerline of the Santa Ana River as described in Case No. 22797 of the Superior Court of the State of California in and for the County of Orange and as shown on a man filed in Book 65, Pages 31 through 36 of Records of Sur-,,eys in the Office of .the Cbuaty Recorder of said County; thence along said centerline South 78 °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 Mans; 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 G85,00 feet; thence easterly along said curve and centerline 10.63 feet through a central angle of 00 53121" to the centerline of Fern Street as said street.is shown on said map of Tract No. 772; thence along said centerline of Fern Street South 35 °51'00" West, 26.45 feet to the north- westerly prolongation of the northeasterly line of Lot 10 in Black 8 of said Tract No. 772; thence along said northwesterly prolongation. said northeasterly line of Lot 10 and the southeasterly prolongation thereof South 54 °09'00" East. 104.94 feet to the centerline of the 10 foot alley in said Block 8: thence along said centerline of the 10 foot alley South 35 °51'00' West_ 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 Seashore Colony Tract: thence along said _enterline of the 10 foot alley in Bock 8 South 35 °47'11" West. 120.00 feet to the northwesterly prolongation of the noutheasterly line of Lot 4 in Block 8 of said Sea- shore Colony Tract: thence along said northwesterly prolongation. said northeasterly lire and the southeasterly prolongation thereof EXHIBIT "B" - Page 1 8 15 -41 822 �D- /6 /3 South 54 °09'00" 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 man recorded in Book 162, Pages 20 through 26 of said 'Miscellaneous Mans; thence along said northeasterly right -of -way line South 54 °02130" East, 118.67 feet to. the northeasterly prolongation of the line dividing Lots 7 and 3 in Block G*of said Seashore Colony Tract; thence -alone 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 centerli ne North 55 °51'30" West, 1520.68 feet to the POINT OF BEGINNING. CONTaLNIN- G 21.333 Acres, more or less A:. EXHIBIT "B" - Page 2 i $3- !18822 e l ff ^:s s �. is 1- _ .. ae mM Z � W wl fir��h ; $ 8 co li Ft .a ^o 44 t__ co 6 cc CL crn aaatisa» O < EXHIBIT "C" STATE OF C. COUNTY OF On said State, appeared } SS. , personally known to me or proved to me on the basis of satisfactory evidence to be the person_ whose name /_S subscribed to the within instrument and acknowledged that _4� exe- cuted the same. WITNESS my hand and official seal. Signature "/i7�.,% ' "Z" x/0'73 83-418822 the undersigned, a Notary Public in and for ifs OfflcULSFAL TA M LEE KINGSLEY -� NOTARY PUBLIC • CALIFORNIA GRANGE COUNTY My Comm. Expires March.-22,1985 (This area for official notarial will 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 T3 1968 and the Grantee consents to recordation thereof by its duly authorized officer or agent. IN WITNESS- WHEREOF, I day of �� , 19 Ye hereunto set my hand this SUBSURFACE PASS - THROUGH EASEMENT (G), Page 5 8822 �EXEMP7 7 C5 WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 Clek V:: .C, MAIL TAX STATEMENTS TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 73 E JK /MM 12/8/80 Parcel G -31 RECORDED IN OFFICIAL RECORDS Of ORANGE COUNTY. CkUFGRk;A _4 H) Ple, cc^ 83 tai L- LEE A. BRANCH, County ROCOFdeT 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, BERNIECE LINDSEY REYNOLDS, an unmarried 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, 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 (G), Page -r/-)- 16 73 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 (G), Page 2 63- 41.8822 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 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 (G), Page 3 lb- /b 73 83-418822 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 -Throu h Ease- ment has been executed this day of 19. BERNIECE LINDS YN DOL S Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: SUBSURFACE PASS - THROUGH EASEMENT (G), Page 4 �-/6�3 s3- 418822 Parcel No. G -31 LEGAL DESCRIPTION Lot 6 in Block 11 of Tract No. 772, as shown on a map thereof recorded in Book 23, at pages 5 and 6 of Miscellaneous Maps, records of said Orange County, California. EXHIBIT "A" 8"- 418$22 DESCRIPTION Oxbow Oil Production Condemnation All those certain lands situated in the City of Newport 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) as said street is shown on a man of the Seashore Colony Tract 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 Newport 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 "'=hEIBIT 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° 57'30" East 472.31 feet to the centerline of the Santa Ana River as described in Case No. 22797 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 78'00122" 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 7044151" 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 G85.00 feet; thence easterly along said curve and centerline 10. 63 feet through a central angle of 00 53121" to the centerline of Fern Street as said street.is shown on said map of Tract No. 772; thence along said centerline of Fern Street South 35 °51100" West, 26.45 feet to the north- westerly prolongation of the northeasterly line of Lot 10 in Block 8 of said Tract No. 772; thence along said northwesterly prolongation, said nort.�easterly line of Lot 10 and the southeasterly prolongation thereof South 54 °09100" East, 104.94 feet to the centerline of the 10 foot alley in said Block 8; thence along said centerline of the 10 foot alley South 35 °51'00" West, 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 Seashore Colony Tract; thence along said = enterline of the 10 foot alley in Block 8 Sough 35 °47'11" West, 120.00 feet to the northwesterly prolongation of the nor °easterly line of Lot 4 in Block 8 of said Sea - shore Colony Tract: thence along said northwesterly prolongation. said norlheas.erly line and the southeasterly prolongation thereof EXHIBIT "B" - Page 1 .:-r }.,:..o- �s,;.ga%`^��E'.e -b se ' s�.� °�"5 rScti^:sn.*"°.�y rr`L`i'i•f 3 v a.:i;�� �t:G_i�••r 's tia:��+�i;i.g1,. -.' 83- 418822 J-/6-�3 South 54 °09'00" 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 °47 ^30" 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 man recorded in Book 162, Pages 20 through 26 of said Miscellaneous Mans; 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 55° 51'30" West, 1520. 68 feet to the POINT OF BEGINNING. CONTAL`ENG 21,383 Acres, more or less k: EXHIBIT "B" - Page 2 I W Y 1. J S j a cl 3 33- 418822 .o EXHIBIT °C" u Y PP aT -1D- 1 (-73 z 0 r N 3 W� .,�I T= Cp o n io rw" — �o til^ iIII;;':II �� v sa VII 'b[ W i l I T Pr Q I,n cc cc -4�':. K �• ell t' - LL m � O W zU: z 0 r N 3 W� .,�I T= Cp o n io rw" — �o til^ iIII;;':II �� v sa VII 'b[ W i l I T IM )I L Q I,n cc cc \' K M1� - LL m � O W zU: 4 Way O: f••mx STATE OF CALIF RN.(A COUNTY OF i �/?}7C�Q. } SS. _ r On ' �'+ said State, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the person_ whose name /S subscribed to the within instrument and acknowledged that _4" exe- cuted the same. WITNESS my hand and official seal. Signature iU�rk i 83- 418822 x/673 the undersigned, a Notary Public in and for RM LLSEAL EE KINGSLEY LIC - CALIFORNIA E COUNTY ires March-2 2, 1 °85 otarial 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 Matt T3, 796;8 and the Grantee consents to recordation thereof by its duly authorized officer or agent. IN WITNESS,. WHEREOF, I day of 19 hereunto set my hand this SUBSURFACE PASS - THROUGH EASEMENT (G), Page 5 BK 1 3 9 5 1 PG 1 9 1 JK /MM 12/8/80 ; �Fa 19099 $gree 1: G- WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA City Clerk -3 ss P, M. FEB 17'81 deed EXEMPT No. S ,� C 2 LEE A BRANCH, County Records MAIL TAX STATEMENTS TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 DOCUMENTARY TRANSFER TAX S Computed on the con- sideration or value of property conveyed. . Computed on the con - sideration or value less liens or encumbrances re- maining at time of sale. Signature of Declarant or Agent determining tax - - Firm Name SUBSURFACE 'PASS- THROUGH EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MARY GRACE PETERLIN, a married woman, who acquired title as MARY GRACE HOHEISAL, "a widow ", 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 wag 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 (G), Page 1 BK 1395 1 Po 192 . 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 (G), Page 2 • BK ) 395 1 PG 193 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 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 (G), Page 3 a � BK 1 395 1 Ps 194 ant to California Code of Civil Procedure Sections 1036, 1263.410, 1263.420, 1268.610, 1268.620 and 12 68.710. 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 .:.NT, 198/. -MA"- G RAICV H Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: <<'r�r.rxac.0 Qlaw SUBSURFACE PASS- THROUGH EASEMENT (G), Page 4 a . E Parcel G -32 LEGAL DESCRIPTION 0 BK 1 395 1 Pc 1 95 The Southwesterly 60 feet of lot 4 in Block "G" of Seashore Colony Tract, as per map recorded in book 7 page 25 of Miscel- laneous Maps, in the office of the County Recorder of the County of Orange, State of California, together with the Northeasterly 15 feet of abandoned Ocean Front Street adjoining, in the City of Newport Beach, County of Orange, State of California. EXHIBIT "A" BK 1 395 1 PG 196 DESCRIPTION oxbow Oil Production Condemnation All those certain lands situated in the City of Llewport Beach, County of Orange, State of California, more particular described as fellows: PARCEL "G" Beginning at the intersection of the centerline of Ocean Front (formerly Ocean Avenue) as said street is shown on a man of the Seashore ColonyTract recorded in Book 7, Page 25 of Miscellaneous Maps is the Office of the County Recorder of said County with the northwesterly boundary line of the City of Newport Beach, said northwesterly boundary line being the southeasterly line of Summit Street, 30. 00 feet in width, as shown on said man 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 35057'30" East 472.31 feet to the centerline of the Santa Ana River as described in Case No. 2,2791 of the SuperlorCourtof the State of California in and for the County of Orange and as shown on a man filed in Book 65, Pages 31 through 35 of Records of Surveys in the Office of the Countv Recorder of said County; thence along said centerline South 78000'22" 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 G85.00 feet: thence easterly along said curve and centerline 10.63 feet through a central angle of 0 °53121" to the centerline of Fern Street as said strcet.is shown on said map of Tract No. 792; thence along said centerline of Fern Street South 35 °51'00" West, 26.45 feet to the north - wcsterly prolongation of the northeasterly line of Lot 10 in Block 8 of said Tract No. 772; thence along said northwesterly prolongation, said nor' :eastcrly line of Lot 10 and the southeasterly prolongation thereof South 54 °09'00" East. 104.94 feet to the centerline of the 10 foot alley in said Block 8: thence along said centerline of the 10 foot alley South 35° 51'00" %Vest. 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 Seashore Colony Tract: thence along said = cnterline of the 10 foot alley in Block 8 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 - s"cre Colony Tract; thence along said northwesterly prolongation. said northeastcrl; lime and the southeasterly prolongation therccf EXHIBIT "B" - Page 1 BK 1395 1 pG 197 South 54 °09'00" 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 °47'30" 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 26 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 55 °51'30" West, 1520. 68 feet to the POINT OF BEGINNING. J. CONTAINLNG 21. 383 Acres, more or less EXHIBIT "B" — Page 2 L • BK 1 395 1 po 198 EXHIBIT "C" . z ?�; a. S f. 17. Ui ui of O C131Cr .e X-1m. 0.0 Q LU cck CL. uj uj ni A .1V .42 < ryl EXHIBIT "C" . z ?�; a. S f. 17. Ui ui of O C131Cr .e X-1m. 0.0 Q LU cck CL. uj uj ni • 0 BK 1395 1 PG STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE On / ?"I" rte` ?i Before me, the undersigned, a No- tary Public in and for;,.s&id�§tate, personally appeared MARY GRACE HQHEI$A � /jkn6`Wn` 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. ROBERT B. HOFFMAN Notary PRINCIPAL OFFICE I is PRINCIPAL OFFICE M 101mot-inion N:o�tfTCT� LL 4 Public LOS ANGELES COUNTY Expires May 20, 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 / day of6GU.yaf' 198/. 1 1 SUBSURFACE PASS - THROUGH. EASEMENT (G), gage 5 199 EXEMPT C1 RECORDING REQUESTED BY AND. WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California A Y.2- MAIL TAX STATEMENTS TO: 84 130340 • (� -3) JK /MM 12/8/80 Parcel G- 92663 RECORDE01 0 Al RECORD! OF ORANGE COUNTY, CALIFORNIA CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 -2 ?5 PM APR 20'82 tad A. BR KK County Rewdo DOCUMENTARY TRANSFER TAX . .Computed on the con- sideration or value of property conveyed. Computed on the ccn- 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, BEVERLY BENSON, an unmarried woman, as seller, and MARTIN E. SCHLO11 and JEANNE SCHLOM, husband and wife, as Joint Tenants, as buyer,, under a Contract of Sale dated March 17, 1980 hereby GRANT(Sj 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 i.n 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 t ".a purpose of exploring for and /or producing oil, gas and;'cr other hydrocarbon substances; the easement anal right of way granted herein shall lie under that certain parcel of :eat property situated in the City of Newport Beach, County or 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 lenct:;• SUBSURFACE PASS - THROUGH EASEMENT (G), Page UO2-136340 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 thee 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 (G), Page 2 2- 13Go 340 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 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 (G), Page 3 82- 136340 ant to California Code of Civil Procedure Sections 1036, 1263.410, 1263.120, 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 G'rantor'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 $ass- Through Ease- ment has been executed this g� ofd „tL�_ 1981 i BEVE Y BENSON MARTIN E. SCHLDM JEAME SCUM ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: SUBSURFACE PASS - THROUGH EASEMENT (C), Page 4 5 • 82- 136340 Parcel No. G -33 LEGAL DESCRIPTION The Southerly 60 feet of Lot 5, in Block G, of the Seashore Colony Tract, as shown on a map thereof, recorded in book 7, page 25 of Miscellaneous Maps, records of said Orange County, California together with the Northeasterly 15 feet of abandoned Ocean Front Street adjoining. EXHIBIT "A" i 82- 136340 OESCRIPTIO14 Oxbow Oil Production Condemnation .=,11 those certain lands situated in the City of tlewport Beach, County of Orange, State of California, more particular described as follows: PARCEL ❑G": Beoinntn; at the intersection of the centerline of Ocean Front (formerly Ocean .4 veaue) as said street is shown on a map of the Seashore Colony Tract 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 Newport, Beach, said northwesterly boundary line being the scus!:easterly line of Summit Street, 30. 00 feet in %vidth, as shown on said man of the Seashore Colony Tract, said point of beginning being a point in the boundary lire of the land described in the parcel entitled "F:SHIBIT A TO SL'BSUR :1C E EASEMENT" recorded in Book 2324, Page 3.91 of C`£icial Records of said County; thence along said last mentioned boundary lime through the following courses: along said northwesterly boundary line of the City of Newport Beach North 35 °57130" East 472.31 feet to the centerli -e of the Santa Ana River as described in Case No. 22797 of tae the State of California in and for the County of Orange and as sho,sn 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 78 °00122" East, 515.70 feet and South 66 °4 2'20" East. 643.27 feet to the northerly prolongaiion of the line dividing Lots 6 and 7 in Block 11 of Tract No. 772 as shown on a map recorded in Look 23,' Pages 5 and 6 of said Miscella eous ;/caps: thence alor.g said northerly prolongation., said dividing line and the southerly prolongation thereof South 7 044151" West 143.87 feet to a point on a curve in the centerline of Canal Street as said street is shown on said map of Troct No. 772, said curve being concave northerly and having a radius of 635. 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.is shown on said map of Tract No. 772; thence along said centerline of Fern Street South 35 °51100" West, 26.45 feet to the north- westerly prolongation of the northeasterly line of Lot 10 in Block 8 of said Tract No. 772; thence along said northwesterly prolongation, said nor: "easterly line of Lot 10 and the southeasterly prolongation thereof South 54 °09100' cast, 104.94 feet to the centerline of the 10 foot alley in said Block 8: thence along said centerline of the 10 foot alley South 35 251100" West, 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 Seashore Colony Tract: thence along said centerline of the 10 foot alley in Block 8 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 Colony Tract: thence along said northwesterly prolongation, said northeasterly line and the southeasterly prolongation thereof EXHIBIT "B" - Page 1 6? 136340 • South 54 °09'00" 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" Nest, 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 mao recorded in Book 162, Pages 20 through 26 of said Miscellaneous Maps: thence along said northeasterly right -of -way line South 54 °02130" 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 sout!:wester :y prolongation thereof South 35 057130" West, 276.10 feet to said centerline of Ocean Front as said street is shown on said map of t.e Seashore Colony Tract; thence along said centerline ?forth 53'5l'20" West, 1520.88 feet to the POINT OF BEGINNING. 1 i CCVNT'.--NL�G 21.333 Acres, more or less k•. EXHIBIT "B" - Page 2 82- 136340 • yy Y 7. 11 I� al LL Fli s i °•e V° • Vii- ' I � _ �/ j ✓i \ U, i 3 W �` � •° a1a � `.. ........ � .r I•��n < V' . � m u• - ^i K tY I y, d bn y� J 4tLoi EXHIBIT "C" STATE OF CALIFORNIA ) ss. COUNTY OF Orange ) 82- 136340 On March 12, 1981 before me, the undersigned, a No- tary Public in and for said State, personally appeared BEVERT,y RPNSON , 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 ap- knowledged to me that she executed the within Instrument. WITNESS my hand and, fo fic ai l —seal. f• - - - - - - - - - - - - - - - - - - Y - - - - - -, �i r .; OFFICIAL SEAL , \�__ �:. /).. �. .,i{ :.. C .. T ISti KcEHE ; Notary Pu }' Notary Puu c Caflfomlo f 1 Fnrcpo! Ot'.ice in i IOrange County 1 lAy Ccarn:Azn Expires Mom'., 3, 1993 1 �, -------------- . - --- -I 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 WITNES§ WHEREOF, I' have hereunto set my hand this day of R 1'1_ 195r 1 STATE OF CALIFORNIA ) )ss COUNTY OF ORANGE On February 23, 1981 before me, the undersigned, a Norary Public in and for said State, personally appeared Martin E. Schlom and Jeanne Schlom , known to to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand this 23 day of February 19 ^1 71ILLIP„1 J GLut Notary Public ` No,,.R! PU CLII, f, PP .:IPAL OFFICEit IN SAN DICGO COUNTY T my commission Exp. NOV. 15, 1982 SUBSURFACE PASS- THROUGH EASEMENT (G), Pace 5 EiEQU� W HEN Y' �c liiewp.c 0 17592 RECORDED MAIL TO: OF NEWPORT BEACH Newport Boulevard rt Beach, California 92663 111 city Clark t/ V V lJ No. TAX STATEMENTS TO: EXEMPT C2 CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 • BK 14020 PG 163 1 JK /MM 12/8/80 $Yi`41, sd- RECORDED M OFFMIAL RECORDS OF ORA .ISE COUNTY. CALIFORYIA -1115 AM APR 15 '81 LEE A. BRANCH. County Recorder DOCUMENTARY TRANSFER TAX S . . .Computed on the con- sideration or value of property conveyed. Computed on the con- sideration or value less liens or encumbrances re- maining at time of sale. Signature of Declarant or Agent determining tax - - Firm Name SUBSURFACE-PASS-THROUGH EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledced, GWENDOLYN R. PATTISON, a widow, hereby G *iT(S) and conveys to the CITY OF NEWPORT BEACH, a municipai corporation, and its successors and assigns, a perpetual easement and right of way to drill, test, com- plete, e -u_p, maintain., repair, clear, redrill, deepen, operate, roduce, dismantle (remove casing and other equip- ment froml, --lug and abandon under and through the subsur- face of t:at certain real property hereinafter described in which Grantor has reserved the right to control subsurface Gass -th_a. `_ easements ( "Grantor's real property" herein) at a dept: n__ less than F our Hundred (400 ) feet measured ver- tically ce_ _-w the surface thereof, a well or wells for the purpose cf exploring for and /or producing oil, gas and /or ot: '-er h•.•_rccarton substances; the easement and right of way granted `..er_in shall lie under that certain parcel . of real propert,� Situated in the City of Newport Beach, County of Orange, S_a_e of California, and more particularly described in Exh_ i ': to this Deed and such description by this re- ference LS made a par*_ : -ereOf as though set forth at length. SUBSURFACE cASS- TBROUGo E_ASEM£NT (G), Page 1 i BK 14020 P6 1 632 The rights grantee 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 h to and the depth above- specified, or to bottom any 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 wdck- 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 foot._ce of the lards lying within the outer boundaries of Exhibit "B," excluding public streets and highways owned in fee si.T:w,e by the City i_,f Newport Beach and also any lands owned fee simple by the City of Newport Beach, and fur- ther ux- ciudina streets and lands lying within the former Pacific Electric Railway Company right of way; provided, howe•.,er, that Grantor shall not be entitled to any compen- sation 'eased upon oil lost through evaporation, leakage, or othe ise, or upon gas used, consumed or lost in extraction of gz ^_ne, or upon any oil or gas used in connection with any :e_i drilled or operated hereunder, or upon any gas which used for repressuring any oil bearing formation in an a__e pt to further production from any such well or wells; -or shall Grantee be obligated hereunder to save any gas, aNzept as there is a reasonable market and value for the sa:7�e . Grantee shall be entitled to deduct from the compen- sation ^e reunder the Grantor's proportionate share of any SUBSURFACE PASS - THROUGH EASEMENT (G), Page 2 0 0 eK 1 4020 P6 1 633 mineral rights, severarfce, 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 we]: =s 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 oavable 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 ($10.00), Grantee may defer payment of the same until the amounts accumulating thereto shall be at least equal that amount; and provided further, that Grantee shall not be required to issue more than one check per payment period in payment of all of the interests in and to any particular lot and parcel, or any two or more lots or parcels now owned by the same Grantor or group of Grantors. No charge in the ownership of land or interests covered by this Subsurface Pass- Through Easement and assignment or transfer by operation of law, or otherwise, in whole or in part of the compensation shall be binding upon Grantee until Grantee or its successors and assigns have been fur- n. shed with written evidence thereof satisfactory to Gran- tee. Grantor hereby agrees that should it be determined that Grant= does not own the rights granted herein, Grantee's obligation to pay the consideration provided for hereunder shall terminate, and Grantee shall be entitled to recover the e:r.ounts of compensation previously paid to Grantor. if it should be determined that Grantor owns less t..E.. all of the rights to provide Grantee the easement right _and right of way conveyed herein, Grantee shall be eatitl d to aczect such rights as are granted herein by Grntc_, and prorate the compensation accruing to Grantor ac-_ ort_-`ly. _his Subsurface Pass - Through Easement shall be and be- come = Effective from and after the date that Grantor executes the s_=-:e, or January 25, 1981, whichever is later. gyrator hereby agrees to make no claims in eminent domain e-gainst Grantee relating to the herein - described lana, including without limitation any claims for fees, costs, attorneys' fees, abandonment costs, interest, those claims which may arise out of Grantee's immediate pos- session: of Grantor's real property and any claims pursu- SUBSURFACE PAS$- THPOUGH EASEMENT (G), Pape 3 BK 14020 PG 1634 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�ubsurface Pass-Through Ease- ment has been executed this ,Tr day of ��.(,— 1981. GWENDOLYN R.: ATTISON Grantor ADDRESS OF GRANTOR TO WHICH _ONIFENSATION rAYME`:TS ARE TO BE SENT: SUBSURFACE PASS- "HROUGH EASEMENT (G), Page 4 i Parcel No. G -34 LEGAL DESCRIPTI014 BK 1 4020 PB 1635 The southwesterly 60 feet of Lot 6 in Block G of the Seashore Colony Tract, in the city of Newport Beach, county of Orange, state of California, as per map recorded in book 7 page 25 of Miscellaneous Maps, in the office of the county recorder of said Orange County, together with the northeasterly 15 feet of abandoned Ocean Avenue adjoining said land on the southwest. EXHIBIT "A" 0 0 BK 14020 BB 1 636 DES CI �T1014 Oxbow Oil Production Condemnation All those certain lands situated in the City of Newport Beach, County of Orange, State of California, more particular described as follows: PARCEL "G" Beginning at the ir.tersect:on of the centerline of Ocean Front (formerly Ocean Avern;e) as said street is s' )wn on a :nap of the Seashore Colony Tract recorded in Book 7, Page . 5 of Miscellaneous Mans in the Office of the County Recorder of said County with the northwesterly boundary line of the City of 7e sort Beach, said north•,jesterly boundary line being the southeasterly line of Summit Street, 30.00 feet in width, as sho •in on said man of the Seashore Colony Tract, said point of beginning bei: a point in the boundary line of the lard described in the parcel entitled "r_,X1hBIT A TO SUBSURFACE EAS: MIENT" 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 35057130" East 472.31 feet to the centerline of the Santa Ana River as described in Case No. 22797 of the Supei:orCou -of :he State of California in and for the County of Orange and as shown on a rnap ::led in Book 65, Pages 31 through 36 of Records of Sur-;eys in :he C lice of the County Recorder of said County; thence along said cen:erline South 78 000122" East, 515.70 feet and South 66042'20" East, 64.1. 27 feet to the no7herly prolongat {on 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 Mays; thence along said :northerly prolcngation, said dividing line and the southerly prolongation. thereof South 7044'51" West 148.37 feet to a point on a cure in the c_r.ter'i -c of Canal Street as said street is shown on said map of Tract No. ?72, said curve being concave northerly and having a radius of 685.00 Ceet; thence easterly along said curve and cente rline 10.63 feet through a cent-al angle of 0 °53'21" to the centerline of Fern Street as said stree <t.is sewn on said nap of Tract No. 772; thence along said ccnte ^line of Fern Street South 35 °51'00" ',Nest, 26.45 feet to the notth- westerly orcionZation of the northeasterly line of Lot 10 in Block 8 of said Tract 772; thence along said not thtivesterly prolongation, said northeasterly line of Lot 10 and the southeasterly prolongation thereof South 5400n-"011" Eas:, 104.94 feet to the centerline of the 10 foot alley in said Bloc: 8; thence along said cente rime of the 10 foot alley South 3505110,0' '.Nest, 90.00 feet to the southwesterly line of said Traci No. 772 and c point in the centerline of the 10 foot alley in Block 8 of said Seashc rc '-:,lent' Tract; thence along said �ente rline of the 10 foot alicv is £inch: South 35° .7111" VVest, 120. 00 feet to :he no. hweste rly prolonyatic o. : : -e nor-t casterly line of Lot s in Block 8 of said Sea- shore Ccic 7: - -c:: thence along said nor-thxester'y prolongation, said nort::easter; :i. ^.e and the southeas:erly prolongation. tlercof EXHIBIT "B" - Page 1 LI BK 1 4020 Ps 1 637 South 54 °09'00" East, 11:.93 feet to the centerline of C:•ange Street as said centerline is shown on said man of the Seashore Colony Tract; thence along said centerline and the southwesterly prolongation thereof South 35'47'30" West, 137. 17 feet to the northeasterly right -of -way line of the Pacific Electric Rail,.vay, being the northeasterly tine of Tract No. 4400 as shown on a map recorded in Book 162, Pages 20 through 26 of said 34iscel'_aneous Maps; thence along said northeasterly right -of -way line South 54 °02130" East, 113.67 feet to. the northeasterly prolongation of the'Une dividing Lots 7 and 3 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 ce.n.teriiae of Ocean Front as said street is shown on said map of the Seashore Colony Tract; thence along said centerline North 55° 51130" West, 1520. 53 feet to the POINT OF BEGINNTING. I, i CONTAENZING 21.383 Acres, more or less k' EXHIBIT "B" - Page 2 BK 1 4020 pG 1633 LS q y p ` -e Iy �AA,, ry u91 ,oerro r 9. a it y 4\ a• \� S .. I I i I c " uj al �.. \`•8 a v � 1� I I��r`I � nnf �lC 4 Lt.>;. y, EXHIBIT "C" BK 1 4020 PG 1639 STATE OF CALIFORNIA _) ) ss. COUNTY OF rp7 ) i On ;��..� .` / :��� before me, the undersigned, a No- tary Public in and for said State, personally appeared GWENDOLYN R. PATTISON, known to me to be the person whose name is subscribed to the within Instrument, known to me to be the perF.an who executed the within Instrument, and ac- knowledged to me that she executed the within Instrument. WITNESS my hand and official seal. /J @WILLIMA J. LUP•i NOTARY PUB LIC Notary P1h1iC pRiNCIP IN SAN C EpG00C01UNTY __. My Commission Fx7• _... Nov.1., . .J ;e._ 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 WHER OF, I have hereunto set my hand this la day of 19,r/. SUBSURFACE PASS- THROUGH EASEMENT (G), Page 5 A ,'r.E:Qv1_S; riJ 3'c WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 g),- 321963 JK /MM 12/8/80 Parcel G -35 OF ORAN 1.1 A'dIP, .n . C1 v ) C�h -c. %< .i- �ao•.r - =i bl.,, A'I , T OJr fi' % /Va MAIL TAX STATEMENTS TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 DOCUMENTARY TRANSFER TAX S . . .Computed on the con- sideration or value of property conveyed. Computed on the con - ,..'':- sideration or value less liens or encumbrances re- a maining at time of sale. s,. Signature of Declarant or Agent determining tax - \�: Firm Name SUBSURFACE PASS- THROUGH EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, LAWRENCE POLLOCK M.D. INC. PENSION AND PROFIT, a California Professional 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 (G), Page 1 MAIL TAX STATENZE.',JS P,j n 34- 3219'63 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 mzn ner, 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 (G), Page 2 84- 321J63 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. i 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 (510,00), Grantee may defer payment of the same until the amounts accumulating thereto shall be at least equal that amount; and provided further, that Grantee shall not be required to issue more than one check per payment period in payment of all of the interests in and to any particular lot and =- parcel, or any two or more lots or parcels now owned by the same Grantor or group of Grantors. No change in the ownership of land or interests covered by this Subsurface Pass - Through Easement and 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- j 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 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 (G), Page 3 °`+ -32i G3 la 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 18th day of April , 1984• ADDRESS OF. GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: 91.0 Hillside Drive Long Beach, CA 90815 LAWRENCE POLLOCK'M.D. INC. PENSION AND PROFIT, a California Professional Corporation Grantor GRANTOR'S SOCIAL SECURITY NUMBER -24 -8910 SUBSURFACE PASS - THROUGH EASEMENT (G), Page 4 11 Y Y z n 04-3219- CAT. NO. NNO0737 TO 1945 . CA (7 -82) (Corporation) TITLE INSURANCE AND TRUST AMOR COMPANY STATE OF CALIFORNIA COUNTY OF Los Angeles SS. On April 18, 1984 before me, the undersigned, a Notary Public in and for said State, personally appeared Lawrence Pollock personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the President, and 5>31339gg personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Secretary of the Corporation that executed the within instrument and acknowledged to me that such corporation executed the within instru- ment pursuant to its by -laws or a resolution of its board of directors. WITNESS my hand and official seal. Signature- .�i-.e ROAD, PICA mm 90990 (This area for official notarial seal) CERTIFICATE OF ACCEPTANCE Government Code Sec. 27281 I This is to certify that the interest ir, real property conveyed by the Deed as set forth above to the CITY OF NEi•MORT 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 Ma, 12 lo5P. and the Grantee consents to recordation thereo> by its duly authorized officer or agent. IN WITNESS WHEREOF, I have hereunto set my hand this 2. y day of jL( 11/ 19! _ SUBSURFACE PASS— THROUGH EASEMENT (G), Page 5 84- 321963 PARCEL NO. G -35 LEGAL DESCRIPTION Lot 7 in Block "G" of Seashore Colony Tract, as shown on a Map recorded in Book 7, page 25 of Miscellaneous Maps, in the office of the County recorder of Orange County, California except for the easterly 45 feet of such property. EXHIBIT "A" :- b4- 3121911G, 3 DESCRIPTION A Oxbow Oil Production Condemnation All those certain lands situated in the City of ttewport 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)as saidstreetis shown on a map of the Seashore Colony Tract 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 Newpom Beach, said northwesterly boundary line being the southeasterly line of Surnmit 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 lire of the land described in the parcel entitled "E:iHIBIT A TO SUBSURFACE EASE.MENT" recorded ir. Hook 2824, Page 391 of Cfficial 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° 57'30" East 472.31 feet to the centerline of the Santa Ana River as described in Case No. 22791 of the Supe orCourto.` the State of Cali.`ornia in and for the County of Orange and as shorn on a map fired in Book 65, Pages 31 through 36 of Records of Surreys in the Office of the County Recorder of :,said County; thence along said centerline South 78° 00122 " East, 515. 70 feet and Scuth 66 042'20" East, 643.27 feet to the northerly prolongation of the line dividing Lots 6 and 7 in Block 11 of Tract No. 712 as shown on a map recorded in Book 23, Pages 5 and 5 of said Miscellaneous Maps: thence along said northerly prolongation, said dividing line and the southerly prolongation thereof South 7044;51" West 148.87 feet to a point on a cure 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 685.00 feet; thence easterly along said curve and centerline 10. 63 feet through a central angle of 0° 53121" to the centerline of Fern Street as said street.is shown on said map of Tract No. 772; thence along said centerline of Ferri Street South 35 °51'00" West, 26.45 feet to the north- westerly prolongation of the northeasterly line of Lot 10 in Block 8 of said Tract No. 772; thence along said northwesterly prolongation, said nor-heasterly line of Lot 10 and the southeasterly prolongation thereof South 54 °09100" East, 104. 94 feet to the centerline of the 10 foot alley in said Block 8; thence along said centerline of the 10 foot alley South 35 051'00" West, 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 Seashore Colony Tract; thence along said _enterline of the 10 foot al:eyin Block 8 South 35°47'11" Nest, 120.00 feet to the northwesterly Prolongation of the northeasterly line of Lot 4 in Block 8 of said Sea - shcre Colony Tract: thence along said northwesterly prolongation, said nor :!teas :crly lire and the southeasterly prolongation thereof EXHIBIT "B" - Page 1 84- 321933 South 54009'00" 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" Nest, 137, 17 feet to the northeasterly right -of -way line of the Pacif:c Electric Railway, being the northeasterly line of Tract No. 4400 as shown on a map recorded in Book 162, Pages 20 through 26 of said Miscellaneous Mans; 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 i CONT--'kL1'.rilG 21.383 Acres, more or less EXHIBIT "B" - Page 2 . . I . �.. . I .. . I :. . . . .. . . IN 8 4 - 3 2 li G'3 %N N� I L _j .1p 17 40 Lj ca i X-0 uj co lo LL IQ tk WQ EXHIBIT "C" ti • • 22023 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 ,r , u\ .;;�` "y ���� ` G. City Clerk {iced Ei(E L/ SK 14259 PG 773 JK /MM 12/8/80 Parcel* G -'35 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY. CALIFORNIA .2 M PM OCT 16'81 LEE IL BRANCH, County Re=dir 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, HOWARD H. EARLE, a married man, as his separate property hereby GRANT(S) and conveys to the CITY OF NEWPORT BEACH, a municipal corporation, and its successors and assigns, a perpetual easement and right of way to drill, test, com- plete, equip, maintain, repair, clear, redrill, deepen, operate, produce, dismantle (remove casing and other equip- ment from), plug and abandon under and through the subsur- face 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 (G), Page • • Bx 1 4259 PO 774 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 (G), Page 2 BK 04259PG 775 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 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 (G), Page 3 BK 14259 PG 776 ant to California Code of Civil Procedure Sections 1036, 1263.410, 1263.420, 1266.610, 1268.620 and 1268.710_ Grantor also agrees and consents to the dismissal of any eminent donidin 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 _ %s% day of N 1981. Howard H. Earle ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: Howard H. Earle 1525 Delamare Drive Whittier, California 90601 SUBSURFACE PASS - THROUGH EASEMENT (G), PAGE A ' Grantor PARCEL NO. G -35 LEGAL DESCRIPTION 0 BK 14259 PG 777 The Easterly 45 feet of Lot 7 in Block G of Seashore Colony Tract, as per map recorded in Book 7, page 25 of Miscellaneous Maps, records of the County of Orange, State of California. EXHIBIT "A" BK 14259 PG 778 DESCRIPTION Oxbow Oil Production Condemnation All those certain lands situated in the City of flewoort Beach, County of Orange, State of California, more particular described as follows: PARCEL "G11: Beginning at the intersection of the centerline of Ocean Front (formerly Ocean Avenue) as said street is shown on a :zap of the Seashore Colony Tract 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 Newport Beach, said northwesterly boundary line being the southeasterly line of Summit Street, 30. 00 feet in width, as shown an saic man of the Seashore Colony Tract, said -,oint of beginning being a point in the boundary line of the land described in the parcel entitled "E:SHIBIT A TO SUBSURFACE EASEMENT" recorded in Book 2824, Page 391 of O`ficial 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 centerline of the Santa Ana River as described in Case No. 22797 of the Super :orCourtof the State of Cali;ornia in and `or the County of Orange and as shoran on a reap filed in Book 65, Pages 31 through 36 of Records of Surreys in the Office of the County Recorder of said County; thence along said centerline South 73100122" East, 515.70 feet and South 56 *42120" East, 543. 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 prolongatipnl said dividing line and the southerly prolongation thereof South 7 °44'51 West 143.37 feet to a point on a cur ie in the centerline of Canal Street as said street is shown on said mao of Tract No. 772, said curve being concave northerly and having a radius of 635.00 feet; thence easterly along said curve and centerline 10. 63 feet through a central angle of 00 53121" to the centerline of Fern Street as said street.is shown on said map of Tract No. 772; thence along said centerline of Fern Street South 35 °51'00" West, 26.45 feet to the north- westerly prolongation of the northeasterly lire of Lot 10 in Block 8 of said Tract No. 772; thence along said northwesterly prolongation, said nor-'` :easterly line of Lot 10 and the southeasterly prolongation thereof South 54 °00100" East, 104.94 feet to the centerline of the 10 foot alley in said BIock 8; 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 Seashore Colony Tract; thence along said = Interline of the 10 foot al'.ev in Block 8 South 35 °ro7'11" West, 120.00 feet to the northwesterly prolongation of the northeasterly line of Lot 4 in Block 8 of said Sea- shore Colony Tract: thence along said northwesterly prolongation, said northeasterlj, lire and the southeasterly prolongation thereof EXHIBIT "B" - Page 1 BK i 4259 PG 779 South 54 °09'00" 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" Nest. 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 26 of said 34iscellanecus Maos; thence along said northeasterly right -of -way line South 54 °03'30" 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 35 057'30" West, 275.10 feet to said center'ine of Ocean Front as said street is shown on said map of the Seashore Colony Tract; thence along said centerline North 55° 51!30" West, 1520. 68 feet to the POINT OF BEGINNING. I: i CONT IENUNG 21.333 Acres, more or less EXHIBIT "B" - Page 2 • j. 8 o U '$ W �e SK 14259 PG 780 , .atiC✓.i1 1'.: J Lai i 1 I i W 1 W jl. �1lr la ••� _:°• .iii °'` � � s.i W � ' I= a. � . to � %:�,. j.•- 1 i ! �� I .�I ; r! j_ _ lvY(x ut M.,e un, 1 s% EXHIBIT "C" Y i 2 O a UY N, JZ 3W 0 Jz 0 m `O S` is XI = Ga a Wl -a s U a W m qQ6 W Lu > �_ Z Y,Q a- O t t z U Sy 4 W a i W =T; n �j. j. i • BK 14259 PG 78 1 STATE OF CALIFORNIA ) Los �A�n�ge�les ) ss. COUNTY OF .Obaw ) On MAY 11981 before me, the undersigned, a No- tary Public in and for said State, personally appeared HOWARD H. EARLE , 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. NICKERSO J —k r � f Z�� Narary P �il�. N Notary Public PRINCIP Californip 105 ANGE` OFFICE IN 'MY mission ENPlrpy LES COUNTY AorR IZ, 1985 CERTIFICATE OF ACCEPTANCE Government Code Sea. 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 Mav 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 c. ✓�g 198/. SUBSURFACE PASS- THROUGH EASEMENT (G), Page 5 L JK /MM 12/8/80 Parcel G- 36 W WHEN RECORDED MAIL TO: RECORDED IN OFFICIAL RECORDS CITY OF NEWPORT BEACH OF ORANGE COUNTY, CALIFORNIR;_ 3300 Newport Boulevard A' .,; Newport Beach, California 92663 E ^�i`6 -jj 45 AM C 10 - nus 4,8 LEE A BRANru r; r Recorderc) MAIL TAX STATEMENTS T0: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 pity Clerk Geed DOCUMENTARY TRANSFER TAX W $ c0 .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, CITIZENS CC M'IERCIAL TRUST AND SAVINGS BANK OF PASADENA, CALIFORNIA, as trustee under that Declaration of Trust known as the ROLA K. EATNIJI trust dated December 31, 1976, as to an undivided 1/4 interest; CITIZENS COMMERCIAL TRUST AND SAVINGS BANK OF PASADENA, CALIFORNIA, as trustee under that Declaration of Trust known as the TAREK K. BATNIJI trust dated December 31, 1976, as to an undivided 1/4 interest; CITIZENS COMMERCIAL TRUST AND SAVINGS BANK OF PASA- DENA, CALIFORNIA, as trustee under that Declaration of Trust known as the RAMI K. BATNIJI trust dated December 31, 1976, as to an undivided 1/4 interest; CITIZENS CQMMERCIAL TRUST AND SAVINGS BANK OF PASADENA, CALIFORNIA, as trustee under that Declaration of Trust known as the NATALIE K. BATNIJI trust dated December 31, 1976, as to an undivided 1/4 interest 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 death 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. BK 1416GOPG 323 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 (G), Page 2 0 BK 14 1 E(,Pa 399 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 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 purse- SUBSURFACE PASS - THROUGH EASEMENT (G), Page 3 • • B 14 1 C2 PG 400 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 2.q day of NAa y-t tj , 1981. CITIZENS COMMERCIAL TRUST AND SAVING Z 7SADERA7,IFORNIA By 1 L,- Ca1gDffir:, L, J _ Yip President Tmrt OBirer Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: C,-x mr—Ps "A WV_ IoosS$ -� I C• O. i+b x c 1 1 tfr%A-lo LNA , CA 91LOZ SUBSURFACE PASS - THROUGH EASEMENT (G) Page 4 0 G -36 BK 14 16 6 Po 40 1 LEGAL DESCRIPTION PARCEL 1: Lot 1 in Block H of the Seashore Colony Tract, as shown on a Map recorded in Book 7, Page 25 of Miscellaneous Maps, records of Orange County, California. Excepting therefrom the Northeasterly 15 feet conveyed to the City of Newport Beach by deed recorded October 30, 1953 in Book 2604, page 627 of Official Records. PARCEL 2: The Northeasterly 15 feet of that portion of Ocean Avenue (Front) adjoining said Lot 1, as abandoned October 26, 1953, by Resolution of the City Council of the City of Newport Beach, a certified copy of which Resolution was recorded November 2, 1953, in Book 2605, Page 567 of Official Records. Excepting from said Parcels 1 and Z that portion thereof lying Northwesterly of the following described line: Beginning at a point in a line that is parallel with and distant 15.00 feet Southwesterly, measured at right angles from the Southwesterly line of said Lot 1, said point being distant 2.50 feet Southeasterly along said parallel line from the intersection thereof with the Southwesterly prolongation of the Northwesterly line of said Lot 1; thence Northeasterly in a direct line to the Intersection of said Northwesterly line with a line that is parallel with and distant Southwest- erly 15.00 feet measured at right angles from the Northeasterly line of said Lot 1. PARCEL 3: The following portion of Orange Street abandoned December 26, 1953, by Resolution of the City Council of the City of Newport Beach, a certified copy of which was recorded December 3, 1953, in Book 2642, Page 22, of Official Records: Beginning at the most Southerly corner of Lot 1 in Block H of Seashore Colony Tract, as said Tract is laid out and shown upon a Map recorded in Book 7, Page 25, of Miscellaneous Maps, records of Orange County, California; thence Southwesterly along the Southwesterly prolongation of the Southeasterly line of said Lot 1 to an intersection with a line lying parallel to and distant 15.00 feet from the Southwesterly line of said Lot 1; thence Southeasterly along the Southeasterly prolongation of said parallel line a distance of 2.50 feet; thence Northeasterly in a straight line to an intersection with the Southeasterly line of said Lot 1, said point of intersection being Southwesterly of and distant 15.00 feet from the most Easterly corner of said Lot 1; thence South- westerly along the Southeasterly line of said Lot 1 to the point of beginning. EXHIBIT "A" 0 BK 14168PG 402 DESCRIPTION Oxbow Oil Production Condemnation All those certain lands situated in the City of Newport Beach, County of Orange, State of California, more particular described as fellows: PARCEL "G" Beginn ?ng at the intersection of the centerline of Ocean Front (formerly Ocean Avenue) as said street is shown on a map of the Seashore Colony Tract recorded in Book 7, Page 25 of Miscellaneous Maps in the Office of the Couay Recorder of said County with the northwesterly bour.da.y line of the City of Neivport Beach, said northwesterly boundary line being the southeasterly line of Sum nit Street, 30. 00 feet in width, as shown on said man of the Seashore Colony Tract, said point of beginning being a point in the'aoundar ^,, line of the land descr_bed in the parcel entitled A TO SUBSURFACE EASEMENT" recorded in Book 2824, Page 391 of Cficial Records of said County; thence along said last mentioned bcundar -y line through the following courses: along said northwesterly boundary line of the City of Ne:vport Beach North 350 57130" East 472. 31 feet to the centerline of the Santa Ana River as described in Case No. 22797 of the Supe.. -Court of the State of California in and fo'r the County of Orange and as shown on a man filed in Book 65, Pages 31 through 36 of Records of Surreys in the Office of the County Recorder of said County; thence along said centerline South 78 °00'22" 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 dividin5 line and the southerly prolongation thereof Sout: 7 044'51" West 148.87 feet to a point on a curve in the centerline of Canal Street as said street is shown cn said man of Tract No. 772, said curve being concave northerly and having a radius of 685. 00 feet; thence easterly along said curve and centerline 10. 53 feet through a central angle of 00 53121" to the centerline of Fern Street as said street.is shown on said map of Tract No. 772; thence along said centerline of Fern Street South 35 °51'00" West, 26.45 feet to the north - westerly prolongation of the northeasterly line of Lot 10 in Block S of said Tract No. 772; thence along said northwesterly prolongation, said nor"easterly line of Lot 10 and the southeasterly prolongation thereof South 54 009'00" East, 10 ?.94 feet to the centerline of the 10 foot alley in said Block 8; 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 Seashore Colony Tract; thence along said centerline of the 10 foot alley in "Block 8 Sough 35 °47'11" West, 120.00 feet to the northxesteriy prolongation of she nortt: . "easterly line of Lot 4 in Block 8 of said Sea - s.ore Colony Trac:: thence along said northwesterly prolongation, said northeastern line and the southeasterly prolongation thereof EXHIBIT "B" - Page 1 BK 1416SPri 40-1 South 54 °09'00" East. 114.93 feet to the centerline of Orange Street as said centerline is shown on said :nap of the Seashore Colony Tract; thence along said centerline and the southwesterly prolongation thereof South 35 °47130" Nest. 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 26 of said Miscellaneous Mans: 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 BEGI'NING. I, i CONTALNUNG 21.383 Acres, more or less k EXHIBIT "B" - Page 2 9 BK 14168PG 404 ♦l 4x• i 1 Q��i a . � I I �v, I g �Qi jo tp q IN Im LL 3 �a 1 � ge a.c .L 470- lfl.f(x wny O ¢ W a x•o a XX ' yGf Wov EXHIBIT "C" 0 STATE OF ss. COUNTY OF LOS 4* -GELil ) • 5K 14188P0 4U On ma-'r CL Z. , A\ , before me, the under- signed, a Notary Public in and for said State, personally appeared 'bo. \--v CABS known to me to be the ASS L S2c.Ce'ta.44 2" 01ce of CITIZENS CCiMMERCIFIL TRUST AND SAVINGS BANK OF PASADENA, CALIFORNIA, as trustee under that Declaration of Trust (mown as the BOLA K. BATNIJI trust dated December 31, 1976, as to an undivided 1/4 interest; CITIZENS CCvVERCIAL TRUST AND SAVINGS BANK OF PASADENA, CALIFORNIA, as trustee under that Declaration of Trust ]mown as the TAREK K. BATNIJI trust dated December 31, 1976, as to an undivided 1/4 interest; CITIZENS CCNINIET+CIAL TRUST AND SAVINGS BANK OF PASA- DENA, CALIFORNIA, as trustee under that Declaration of Trust known as the PAMI K. BATNIJI trust dated December 31, 1976, as to an undivided 1/4 interest; CITIZENS COYNaMIAL TRUST AND SAVINGS BANK OF PASADENA, CALIFORNIA, as trustee under that Declaration of Trust known as the NATALIE K. BATNIJI trust dated December 31, 1976, as to an undivided 1/4 interest and acknowledged to me that such Citizens Commercial Trust and Savings Bank-of Pasadena, California executed the same and further acknowledged to me that such Citizens Commercial Trust and Savings Bank of Pasadena, California executed the within instrument pursuant to its by -laws or a resolution of its Board of Directors. Votary Public in and for said OFFICIAL SEAL Uounty and State PATRICIA L. BARN'P" I 4 m NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNTY s. My comm. expires APR 16, 1982 CERTIFICATE OF ACCEPTANCE Government Code Sec. 27231 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 WITNES,P WHEREOF, I have hereunto set my hand this day of 19 SUBSURFACE PASS- THROUGH EASEMENT (G), Page 5 • OF OrFC'J r LOlJ; j7Y C [ } - J . � -2-25 PV • - 9'84 Cz V_ ! Pa r ce %t' /�, WHEN RECORDED MAIL T0: CITY OF NEWPORT BEACH 3300 Newport Boulevard�1� �J Newport Beach, California 92663 EXENiPT�� ' E%em P f: Go ✓. C'. X103 �� ' MAIL TAX STATEMENTS T0: 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, COLONIAL THRIFT & LOAN ASSOCIATION, 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 (G), Page 1 0 84- 523807 o 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 (G), Page 2 0 84- 523807 • 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 Grantors, 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, 1961, whichever is later. Grantor hereby agrees to make no claims in eminent domain against Grantee relating to the herein- described land, including without limitatiDa ar4y claimns fo 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 (G), Page 3 84- 523307 10 ant to California Code of Civil Procedure Sections 1036, 1263.410, 1263.420, 1268.610, 1268.620 and 1268.710. Gran- tor also agrees and consents to the dismissal of any emi- nent domain action in the Superior Court wherein Grantor's real property is included. Grantor further understands the purpose for which this Grant is being made and Grantor, for itself, its successors and assigns, hereby waives any claim for and all damage to such Grantor's property or remaining property contiguous to the Grantor's real property interests hereby conveyed for the purposes described herein. This Subsurface Pass- Through Easement and each and all of its provisions shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, this Subsurface P ss- Through Ease- ment has been executed this /8 day of D ec , 1985.7` N E"1 Oo 4 � u z� g .. N 'L7 STATE OF CALIFORNIA ) I ss. County of Orange ) CIOLONIA RIFT & LOAN ASSOCIATION, X California corporation By: John L.Diamond, Vice President 34- 523807 (Corporation Acknowledgment) On this 18th day of December , in the year 19 84. , before: me, the undersigned; a Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed thewithin - instrument as Vice President or on behalf of the corporation therein named, and acknowledged tome that such corporation executed it. WITNESS my hand and official /R /se/al. OFFCL SEAIA LYNN G KEITH NOTARY PUBLIC C LIFOS 11 ( My comm. up es f C'; 1, 19se Notary Public in and for said County and State. CD -17 ADDRESS Ot' URAN•rux WHICH COMPENSATION PAYMENTS ARE TO BE Tu SENT: COLONIAL THRIFT & LOAN ASSOCIATION 7215 Garden Grove Boulevard Garden Grove, California 92641 (Notary Seal) Fed. I.D. No. 95- 3534129 SUBSURFACE PASS - THROUGH EASEMENT (G), Page 4 S4-523807 • Parcel No. G -37 LEGAL DESCRIPTION Those portions of lots 1 and 2, Block "H" of Seashore Colony Tract, in the City of Newport Beach, as per map recorded in book 7, page 25, Miscellaneous Maps, in the office of the county recorder of said county, together with those portions of Ocean Avenue vacated by Resolution of the City council of said city, recorded January 5, 1932 in book 530, page 54, and November 2, 1953 in book 2605, page 567, Official Records, described, as a whole as follows: Beginning at the most westerly corner of said Lot 2; thence South 35" 59' 20" West along the prolongation of the North- westerly line of said Lot to a line parallel with the South- westerly 15.00 feet from the Southwesterly line of said Lot 2; thence South 55" 17' 00" East 2.50 feet along said parallel line to the true point of beginning; thence South 55" 17' 00" East 30.02 feet to a point on said parallel line South 55" 17' 00" East 2.50 feet from the Southwesterly prolongation of the Northwesterly line of said Lot 1; thence Northeasterly to the intersection of the Northwesterly line of said Lot 1 with a line parallel with the Southwesterly 15.00 feet from the North- easterly line of said Lots 1 and 2; thence North 55" 17' 00" West 30.02 feet along said parallel line to the Northwesterly line of said Lot 2; thence Southwesterly to the true point of beginning. Said land is shown on a map filed in book 27, page 48, of Record of Surveys, in the office of the county recorder of said county of Orange, State of California. EXHIBIT "A" . 84- 523807 9 DESCR.IPTIO14 Oxbow Oil Production Condemnation All those certain lands situated in the City of Hewport 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) as 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 Newport Beach, said northwesterly boundary line being the southeasterly line of Summit Street, 30.00 feet in %vidth, as shown on said man 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° 57'30" East 472, 31 feet to the centerline of the Santa Ana River as described in Case No. 22791 of the SupeiiorCourtof the State of California in and for the County of Orange and as sho,;in 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 78 000122" 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 044151" 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 G85.00 feet; thence easterly along said curve and centerline 10. 63 feet through a central angle of 0° 53121" to the centerline of Fern Street as said street.is shown on said map of Tract No. 772; thence along said centerline of Fern Street South 35 051'00" West, 26.45 feet to the north- westerly prolongation of the northeasterly line of Lot 10 in Block 8 of said Tract No. 772; thence along said northwesterly prolongation, said nor`easterly line of Lot 10 and the southeasterly prolongation thereof -, South 54 °09'00" East, 104.94 feet to the centerline of the 10 foot alley in said Block 8; thence along said centerline of the 10 foot alley South 35 °51'00" West, 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 Seashore Colony Tract; thence along said c enterline of the 10 foot alley in Block 8 South 35 047'11" West, 120.00 feet to the northwesterly prolongation of the northeasterly line of Lot 4 in Block 8 of said Sea - shore Colony Tract: thence along said northwesterly prolongation, said northeasterly line and the southeasterly prolongation thereof EXHIBIT "B" - Page 1 I 0 84- 523807 0 South 54 °09'00" 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 °47'30" 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 26 of said Miscellaneous Maps; thence along said northeasterly right -of -way line South 54 °02130" 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 35 057'30" 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 55051'30" West, 1520.68 feet to the POINT OF BEGINNING. I CONTAIINLNG 21.383 Acres, more or less EXHIBIT "B" - Page 2 • 84- 523 °07 • ✓ ry J � ,B wt:i) 8 , w _ ' 4 V L l - 4f 1 van•v m <? L4 �f W J 444•- - �;\ iii � • y$ C � � � \ � g I U' I C y.. . n v af` 7 II �I�i �� Of lRO 1M ftn unnnc O CL s- a 1W LL o' e\ pOeV_ of p- ai •o.. s �i. }oW EXHIBIT "C" • STATE OF CALIFORNIA COUNTY OF On said State, personally appeared 84- 523807 • l SS. before me, the undersigned; a Notary Public in and for , personally known to me or proved to me on the basis of satisfactory evidence to be the person—whose name subscribed to the within instrument and acknowledged that exe- cuted the same. WITNESS my hand and official seal. Signature IM 0 at,- 523807 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 J — day of Dec , 11(94_ \ i fit,\ y!}lc}V1et� C h SUBSURFACE PASS- THROUGH EASEMENT (G), Page 5 A • RECORDING REQUESTED BY AND 11HEN .RECORDED MAIL To.:, I EXEMPT CITY OF NEti7PORT BEACH (�,1 3300 Newport Boulevard Newport Beach, California 92663 MAIL TAX STATEMENTS TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 RECORDED IN OFFICIAL RECORDS OF ORANOE COUNTY, CALIFORNIA -8 ioAM JAN 2'1 '86 ,p �, j] /% COUNTV C„75.)c[. Y.}nb.�� RECORDER ;ty Cork Deed No. /7-7 JK /CF 12/8;83 Parcel I- C /ly�F /Lw DOCUMENTARY TRANSF'f,LlTj .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 in the total amount of One Thousand Seven Hundred F;ftX and no /100 ($1.750,00) receipt of which is hereby acknowledged, HOLLAND & MERCURIO, A Nevada Partnership hereby GRANT(S) and conveys to the CITY OF NEWPORT BEACH, a municipal corporation, and its successors and assigns, a per - petual easement and right of way to drill, test, complete, equip, maintain, repair, clear, redrill, deepen, operate, produce, dismantle (remove casing and other equipment from), plug and abandon under and through the subsurface of that certain real property hereinafter described in which Grantor has reserved the right to control subsurface pass- through easements ( "Grantor's real property" herein) at a depth not less than Four Hundred (400) feet measured vertically below the surface thereof, a well or wells for the purpose of exploring for and /or producing oil, gas and /or other hydro- carbon 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 Exhi- bit "A" to this Deed and such description by this reference is made a part hereof as though set forth at length. The rights granted herein to Grantee are for the purpose of drilling for, producing, extracting, taking, and removing 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; provided, 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 sur- face of the lands described in Exhibit "A" attached hereto and the depth above- specified, or to bottom any well within the boundaries of the Grantor's real property. A plat show- SUBSURFACE PASS - THROUGH EASEMENT (G), Page 1 ing the area affected by such easement is attached hereto as Exhibit "C." This grant is made on the condition that Grantee, in its drilling and production operations, shall use and install materials of good quality and condition, and all wells shall be drilled and maintained by Grantee in the hest workmanlike manner and in accordance with good oil field practice, and all water sands encountered therein shall be, effectively and in a porper manner, plugged off: all drilling and other oper- ations of Grantee hereunder shall at all times be conducted in a qood and workmanlike manner and so as to prevent and avoid danger of any injury or damage therefrom to the prop- erty of Grantor; and Grantee shall take all reasonably neces- sary precautions to prevent the discharge or escape of mud, oil, debris or other matter onto the beach or adjoining prop- erty or into the waters of the Pacific Ocean. Grantor hereby agrees that should it be determined that Grantor does not own the rights granted herein, Grantee's obligation to pay the consideration provided for hereunder shall terminate, and Grantee shall be entitled to recover the amounts of compensation previously paid to Grantor. Further- more, if it should be determined that Grantor owns less than all of the rights to provide Grantee the easement right and right of way conveyed herein, Grantee shall be entitled to accept such rights as are granted herein by Grantor, and pro - rate the compensation accruing to Grantor accordingly. This Subsurface Pass - Through Easement shall be and become effective from and after the date that Grantor exe- cutes 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 possession of Grantor's real property and any claims pursuant 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 Gran'tor'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. SUBSURFACE PASS - THROUGH EASEMENT (G), Page 2 �g6�02G135 IN WITNESS WHEREOF, this $Ybsurface Pass- Through Ease- ment has been executed this — day of January, 1986. HOLLAND ;& ERCURIO By: Robert C. Holland Grantor By: i4 ',11 L C.'; ...,i , CL -L i -ti Thomas A. Merl rio Grantor TAX ID NUMBER: 88- 0192199 ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENT IS TO BE SENT: Holland & Mercurio c/o 0. R. Rouse 418 Malaga Lane Palos Verdes Estates, CA 90274 SUBSURFACE PASS- THROUGH EASEMENT (G), Page 3 Pi STATE OF NEVADA, ) ss. COUNTY OF WASHOE ) On this 8th day of January before me, a Notary Public, THOMAS A. MERCURIO �6 ( 26135 , A.D.,1986 personally appeared who acknowledged that he executed the above instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official stamp at my office in the County of Washoe the day and year in this certificate first above written. 0 Judith P. ambert - '�AwwwiYlwlwwww111wwwyw�pMw W Wy�ywynyMMYNIwUNwnYlIx1111�n1� z - JUDITH P LAMBERT Notary Public - State of Nevada Appoinlmanl ROC,,d p in WaShp Coont, 3 MY APPOINTMENT EXPIRES APR. 1, 199I iuwrtwerxn��w�uwv. ewmuw�xmwnw .n�wviMwexxemu�uw�pewxw�avuf STATE OF NEVADA, ) 86--026135 ss. COUNTY OF WASHOE On this 8th day of January A.D.,1986 personally appeared before me, a Notary Public, ROBERT C. HOLLAND who acknowledged that he executed the above instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official stamp at my office in the County of Washoe the day and year in this certificate first above written. Judith P. Lab ert i JUDITH P LAMBERT 3 Notary Public - State of Nevada Appointment Recorded in Waahoe Co.my MY APPOINTMENT EXPIRES APP, f. 1987 n n u.wuwmxmxnwenxmwcuww - -- wunwwvxt r � STATE OF NEVADA, ) 86--026135 ss. COUNTY OF WASHOE On this 8th day of January A.D.,1986 personally appeared before me, a Notary Public, ROBERT C. HOLLAND who acknowledged that he executed the above instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official stamp at my office in the County of Washoe the day and year in this certificate first above written. Judith P. Lab ert i JUDITH P LAMBERT 3 Notary Public - State of Nevada Appointment Recorded in Waahoe Co.my MY APPOINTMENT EXPIRES APP, f. 1987 n n u.wuwmxmxnwenxmwcuww - -- wunwwvxt T. Parcel No. G -38 LEGAL DESCRIPTION g J-00AW 35 All of Lot Three in Block H of Seashore Colony Tract, as shown on a Map recorded in Book 7, page 25 of Miscellaneous Maps, records of Orange County, California, and the North- easterly 15.00 feet of Ocean Avenue adjoining said Lot Three on the Southwesterly side as abandoned by Resolution of the City of Newport Beach on January 4, 1932, a certified copy of said Resolution was recorded January 5, 1932 in book 530, page 54 of Official Records. Excepting therefrom the Northeasterly 15.00 feet of said Lot Three. Also excepting therefrom the following described land: Beginning at the most Westerly corner of said Lot Three; thence Southwesterly along the Southwesterly prolongation of the Northwesterly line of said Lot Three to an intersection with a line parallel with and distant 15.00 feet Southwesterly measured at right angles from the Southwesterly line of said Lot Three; thence Southeasterly along said parallel line a distance of 2.70 feet; thence Northeasterly to a point on the Northwesterly line of said Lot Three, said point being the intersection of said Northwesterly line with a line that is parallel with and distant Southwesterly 15.00 feet measured at right angles from the Northeasterly line of said Lot Three; thence Southwesterly along said Northwesterly line 60.00 feet to the point of begining. Parcel 2: That portion of Lot Two in Block H of Seashore Colony Tract, as shown on a Map recorded in book 7, page 25 of Miscellaneous Maps, records of Orange County, California, and the Northeasterly 15.00 feet of Ocean Avenue adjoining said Lot Two on the South- westerly side as abandoned by Resolution to the City of Newport Beach on January 4, 1932, a certified copy of said Resolution was recorded January 5, 1932 in book 530, page 54 of Official Recorc's, described as follows: Beginning at the most Westerly corner of said Lot Two; thence Southwesterly along the Southwesterly prolongation of the Northwesterly line of said Lot Two to an intersection with a line parallel with and distant 15.00 feet Southwesterly measured at right angles from the Southwesterly line of said Lot Two; thence Southeasterly along said parallel line a distance of 2.50 feet; thence Northeasterly to a point on the Northwesterly line of said Lot Two, said point being the intersection of said Northwesterly line with a line that is parallel with and distant Southwesterly 15.00 feet measured at right angles from the Northeasterly line of said Lot Two; thence Southwesterly along said Northwesterly line 60.00 feet to the point of beginning. EXHIBIT "A" 0 0 SG_0 0135 DESCRIPTION Oxbow oil Production Condemnation All those certain lands situated in the City or Newoort Beach, County of Orange, State of California, more particular described as follows: PARCEL "G ": Beginning at :he in:ersec *.ion of the centerline of Ocean Front (fornerly Ocean Avenue) as said street is shown on a .nap of the Seasho -e Color.yTrzc: 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 Newpon Beach. said nor:h:ves:erly boundary lire being the southeasterly line of Surn -lit Street, 30.00 feet in •sidth, as shorn on said ntao of :he Seashore Colony Tract, said point of be-inning 'oeing a point in the boundary line of .he land described in :he oarcel ent;..' -ed "E:iHI3IT A TO SUBSURFACE E kS E:viE'NT" recorded in Book 20.24, Page 391 of Official Records of said County; thence along said last rnent:or.ed boundary line through the following courses: along said northwesterl•i boundary line of :he City of Newport Beach _North 35'57'50" East =72.31 feet to the cen:erl n of the Santa Ana River as described in Case No. 22737 of :he Sun — :orCourrof the Slate of Calffornia in and for :he County of Orange and as sho.-,n on a rnan filed in Book 65. Pages 31 through 36 of Records of Su -,eys in :he Office of the Countv Recorder of said County; thence along said centerline South 78 °00122" East, 515.70 feet and Sou:h 66 0:2'20" East. 643.27 feet to the northerly prolongation of the line di•:iding Lots 6 and 7 in Block 11 of Tract. No. 772 as shown on a rran recorded in Boole 23. Pages 5 and 6 of said 3liscellzneous Maps: thence along said northerly prolongation, said dividing line and the southerly prolongation thereof South 7 °44'51" West 142.37 feet to a point on a cu-:e in the centerline of Canal Street as said street is shown on said map of Tract No_ 772. said curie being concave northerly and having a radius of G25.00 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.is shown on said map of Tract No_ 772: :hence along said centerline of Fern Street South 35 °51'00" Wes:. 26.45 feet to the north - westerly prolongation of the northeasterly line of Lot 10 in Block 8 of said Tract No. 772: thence along said northwesterly prolongation. said northeasterly line of Lot 10 and the southeasterly prolongation thereof South 54009'00" East. 104.94 feet to the cente rline of :he 10 foot alley in said Block 8; thence along said cen :erline of the 10 foot alley South 35 051'00" West. 0.0.00 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 Seashore Colony Tract; thence along said = enterline of the 10 foot alley in Block 8 South 35 °47'11" West. 120.00 feet to the no"th%*.esterly p-olongation of the northeasterly line of Lot 4 in Block 8 of said Sea- shore Colony Tract; thence along said northwesterly prolongation. said norr.`.easterl line and the southeasterly prolongation thereof EXHIBIT "B" - Page 1 96 -- 026135 Sou:h 54 °09'00" 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" Nest. 137. 17 feet to fhe northeasterly right -of -way line of the Pacific Electric Rail ^ray, being the northeasterly line of Tract No. 4400 as shown on a mao recorded in Book 162, Pages 20 through 25 of said Miscellaneous Maus: thence along said northeasterly right -of -way line South 54 *02130" East. 113.67 feet to. the northeasterly prolongation of the line dividing Lots 7 and 3 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" Nest, 276. 10 feet to said centerline of Ocean Front as said street is shown on saia map of the Seashore Colony Tract: thence along said centerl -ne North 55°51'30" Nest, 1520.63 feet to the POINT OF B£GIN\TING. I: CCNT -'..1iLNG 21.333 Acres. more or less h•. EXHIBIT "B" - Page 2 �� � 026135 i I e r - _ T a. U 2 ca c 0 0 °p p •\ % .. Y. 1 •-n +lam � ^T r —t n tail \s m ^ns � Y Y W o J' s\ AL i \ oH° EXHIBIT "C" SGAG135 ATE OF CALIFORNIA CO On before me, the undersigned. a Notary Public in and for said State, personally 2 red' proved to me on the basis of satisfactory the person— whose name sut within instrument and acknowledged that cuted the same WITNESS my hand and official seal. to me or nee to be (This area for official noiarial seal) 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 114 day of 1 Ce A> u a i'f 19..". , twl/ W SUBSURFACE PASS- THROUGH EASEMENT (G), Page 5 0 gwRJ WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California Jty Clerk Deed No. /� S/1 MAIL TAX STATEMENTS TO: 40 19108 BK 13951pG 273 JK /MM 12/8/80 F 1 G.- 3B WORM) IN fffflm.. RRemlo, Of ORANGE CuUril'f. cALIiURNl1 92663 -ass RM. FEB 17'81 EXEMPT C 2 LEE A BRANCH, County Recorder CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 DOCUMENTARY TRANSFER TAX S .Computed on the con- sideration or value of property conveyed. . .Computed on the con - sideration or value less liens or encumbrances re- maining at time of sale. Signature of Declarant or Agent determining tax - - Firm Name SUBSURFACE PASS - THROUGH EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, LUCILLE S. STEPHENS, as Trustee of the LUCILLE STEPHENS 1980 REVOCABLE TRUST, pursuant to written declaration of trust dated May 16, 1980, for the benefit of Lucille S. Stephens, 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 (G), Page 1 BK 13 9 5 1 Po 274 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 renal 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 (G), Page 2 • • BK 1 395 It Pc 275 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 (50.10) per barrel of net oil. Grantee shall make all payments hereunder to Grantor by check payable to Grantor mailed to the address set forth below not later than the twenty -fifth (25th) day of 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 amountr 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 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 (G), Page 3 i • BK 1 395 1 PG 276 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 '''y day of sri.,' 198L. ,T J � Lucille S. Stephens, Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: SUBSURFACE PASS - THROUGH EASEMENT (G), Page 4 • Parcel No. G -38 and G -39 LEGAL DESCRIPTION BK 1395 1 PG 277 PARCEL 1: Lot 4 in Block H, Seashore Colony Tract, as shown on a map thereof, recorded in Book 7, Page 25 of Miscellaneous Maps, records of Orange County, California. EXCEPT that portion of'Lot 4 conveyed by deed dated October 13, 1964 to RUSSELL C. GRIFFITH and JUNE H. GRIFFITH, recorded on October 21, 1964 as instrument No. 19917 in Book 7270, page 305, Official Records, Orange County, California. PARCEL 2: The Northeasterly 15 feet of that portion of Ocean Avenue adjoining said lot 4 on the Southwest which was vacated and abandoned by the City of Newport Beach on January 4, 1932 by resolution recorded January 5, 1932 in Book 530, Page 54 of Official Records, Orange County, California. PARCEL 3: That portion of Lot 3, in Block "H" Seashore Colony Tract, as shown on a Map recorded in Book 7, Page 25 of Miscellaneous Maps, records of Orange County, California, described as follows: Beginning at the most Westerly corner of said Lot 3, thence South 160 00' 15" West along the Southwesterly prolongation of the North- westerly line of said Lot 3 to an intersection with a line lying parallel with and distant 15.00 feet measured at right angles from the Southwesterly line of said Lot 3; thence South 550 17' 00" East along said parallel line a distance of 2.70 feet; thence North- easterly to the intersection of the Northwesterly line of said Lot 3, with a line that is parallel with a distant Southwesterly 15.00 feet measured at right angles from the Northeasterly line of said Lot 3; thence South 360 00' 15" West 60.00 feet to the point of beginning. EXHIBIT "A" • sK 13951 PG 278 DESCRIPTION Oxbow Oil Production Condermation All those certain lands situated in the City of Vewnort 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) as said street is shown on a map of the Seashore Colony Tract 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 Newport 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° 57'30" East 472. 31 feet to the centerline of the Santa Ana River as described in Case No. 22797 of the SuocriorCourtof the State of California in and for the County of Orange and as shown on a man 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 78'00'22" 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. a7 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 685.00 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.is shown on said map of Tract No. 772. thence along said centerline of Fern Street South 35 °51'00" West. 26.45 feet to the north- westerly prolongation of the northeasterly line of Lot 10 in Block 8 of said Tract No. 772: thence along said northwesterly prolongation. said nor- Iheasterly line of Lot 10 and the southeasterly prolongation thereof South 54 °09'00" East. 104.94 feet to the centerline of the 10 foot alley in said Block 8: thence along said centerline of the 10 foot alley South 35 °51100" West. 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 Seashore Colony Tract: thence along said = enterline of the 10 foot alley in Block 8 South 35 047111" West. 120.00 feet to the northwesterly prolongation of the northeasterly line of Lot 4 in Block 8 of said Sea- shore Colony Tract: thence along said northwesterly prolongation. said no- .heaste -ly line and the southeasterly prolongation thereof EXHIBIT "B" - Page 1 E BK 13951 PG 279 South 54 609'00" 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 °47'30" [Vest. 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 man recorded in Book 162. Pages 20 through 26 of said Miscellaneous Maos: 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 5$" 51`30" Nest. 1520. 68 feet to the POINT OF BEGINNING. I, i CONTAINLNG 21.383 Acres. more or less ht EXHIBIT "B" - Page 2 L BK 1 395 i PG 280 y, o I � •';..� n1: is f 3 ,8� .aft �✓/ !'; I I� � � � r 3 • jY O.� J.MJ.w `•� • � SL � �I d i�� I. I Y 3, s x a t, s� �� � • ` j-'•.o B iP m ce ��:� Lyscw iI srn u• a; d < a V W =Oy aiF-.z EXHIBIT "C" STATE OF CALIFORNIA ) is COUNTY OF - ORANGE -' ) 11 BK 1 395 1 PG On - :- ..: i ,, , 19//, before me, the under- signed, a Notary Public in and for said State personally ap- peared Lucille S. Stephens as Trustee of the LUCILLE STEPHENS 1980 REVOCABLE TRUST, pursuant to written declaration of trust dated Mav 16. 1980. for the henefit of Tmoiiio c known to me to be the person(s) whose name(s) are subscri, ed to the within instrument, and acknowledged that she exe- cuted the same. IN WITNESS WHEREOF, I have hereunto set my hand this day of A r,, , 19�'f -a� R:) -R7 B H^FFVAN y � / 3�; ,�tyips n r ✓ r> C�1 a.nla y /` My ,,, 1923 . Notary Public in, d 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 datedY , 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 day of,8,¢dA�j� SUBSURFACE PASS - THROUGH EASEMENT (G), Page 5 281 A • 19107 WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California City Clerk No. I/ J MAIL TAX STATEMENTS TO: 92663 EXEMPT C2 CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 C7 BK 13 9 5 1 PG 264 JK /MM 12/8/80 Parcel G -39 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA -3 s -s P.M. FEB 17'81 LEE A. BRANCH, County Re=der DOCUMENTARY TRANSFER TAX S Computed on the con- sideration or value of property conveyed. Computed on the con- sideration or value less liens or encumbrances re- maining at time of sale. Signature of Declarant or Agent determining tax - - Firm Name SUBSURFACE PASS - THROUGH EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, RUSSELL C. GRIFFITH and IRENE H. GRIFFITH, husband and wife 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 (900) 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 (G), Page 1 I ,7 1 A BK 13951 Po 265 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 (G), Page 2 BK 13951 PG 266 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 deafer 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 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 (G), Page 3' BK 1 3951 Pc 267 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 ass- Through Ease- ment has been executed this 3_ day of�, 198L. 3 . `}.'' _ f Irene H. Griffit , Grantors ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: igr 80 Zel,65 T DGE,191Y F'iPoIY, - w 712/r7 T�Aci� C4 L R = G� 3 SUBSURFACE PASS- THROUGa EASEMENT (G), Page 4 0 0 BK 13 9 5 1 PG 268 Parcel No. G -39 LEGAL DESCRIPTION A portion of Lot 4, Block H, Seashore Colony Tract, as shown on a map thereof, recorded in Book 7, Page 25 of Miscellaneous Maps, records of Orange County, California and that portion of the Northeasterly 15.00 feet of Ocean Avenue, vacated January 5, 1932, . recorded in Book 530, Page 54 of Official Records of said Orange County and-also shown on a Map filed in Book 27, Page 48 of Record of Surveys, Records of said Orange County, more particularly described as follows: Beginning at the most Northerly Corner of said Lot 4, thence South 360 01' 10" West along the Northwesterly line of said Lot 4, a distance of 15.00 feet to the True Point of Beginning of this description; thence continuing South 360 01' 10" West along the said Northwesterly line and its Southwesterly pro- longation, a distance of 75.00 feet to the Southwesterly line of the said Northeasterly 15.00 feet of Ocean Avenue; thence South 55017'00 "East along the said Southwesterly line, a distance of 2.65 feet; thence Northeasterly in a direct line to the True Point of Beginning of this description.. EXHIBIT "A" BK 1 395 1 P6 269 DESCRIPTION oxbow Oil Production Condemnation All those certain lands situated in the City of llewport 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) as 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 Newport Beach, said northwesterly boundary line being the southeasterly line of Summit Street, 30. 00 feet in width, as shown on said man 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° 57'30" East 472. 31 feet to the centerline 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 man 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 78 000'22" East, 515.70 feet and South 6b °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 Mans; thence along said northerly prolongation, said dividing line and the southerly prolongation thereof South 7 °44'51" Wes, 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 685, 00 feet; thence easterly along said curve and centerline 10. 63 feet through a central angle of 0053121" to the centerline of Fern Street as said strcet.is shown on said map of Tract No. 772; thence along said centerline of Fern Street South 35 051'00" West, 26.45 feet to the north- westerly prolongation of the northeasterly line of Lot 10 in Block 8 of said Tract No. 772; thence along said northwesterly prolongation, said northeasterly line of Lot 10 and the southeasterly prolongation thereof South 54 °09'00" East, 10.1.94 feet to the centerline of the 10 foot alley in said Block 8; thence along said centerline of the 10 foot alley South 35° 51'00" West, 90.00 feet to the southwesterly line of said Tract No. 772 and a point in the centerline of the 10 foot alley in Bloc;: 8 of said Seashore Colony Tract; thence along said --Interline of the 10 foot alley in Block 8 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 Colony Tract; thence along said northwesterly prolongation, said northeasterly line and the southeasterly prolongation thereof EXHIBIT "B" — Page 1 BK 1 395 1 Ps 270 South 54 °09'00" 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 °47'30" 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 26 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 °57130" 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 55° 51'30" West, 1520, 68 feet to the PONT OF BEGINNING. !. CONTAINING 21.383 Acres, more or less EXHIBIT "S" - Page 2 a 1 S M s a P! a y s j y x m l9 iO B Ir. •J 2 i Y W ` - Z -p p 3 � 6 wo co I s •,�- r Vo W �- s j$ IZI�— i.11lrr ^ IW I �Ile- f ;•, L .� i r m z U. o f � OHYa eo c,, i�U'ii Wo ai F-ns EXHIBIT "C" • STATE OF CALIFORNIA ss. COUNTY OF ORANGE • BK 1 3 9 5 1 PG On T. 3 , 19cf/, before me, the under- signed, a Notary Public in and for said State personally ap- peared Russell C. Griffith and Irene H. Griffith 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 3 day of L7z1 , 19e/. i - <NII LIAM J ICTP RY IUdI^ PHINCIPq� OFFICE } IY SAN Di Eyq CnWITY �h ,r+ Fly Commi,.ion UP. Nov, is, 1982 ti Notary Puplic 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 Mai 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 /Z `_� day of Y'V6<u*e -Y , 195V i , SUBSURFACE PASS- THROUGH EASEMENT (G), Page 5 272 J oy E 19097 WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 ECler d �S EXEMPT C2 BK 13'95 1 pG 173 JK/MM 12/8/80 Farce i :G- W RECORDED IN OFFICIAL RECORDs OF ORANGE COUNTY, CALIFORNIA - ssspM, FEB 17'81 LEE A BRANCH, County Recorder MAIL TAX STATEMENTS TO. 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, RUSSELL C. GRIFFITH and IRENE H. GRIFFITH, 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 (G), Page 1 y BK 1 3951 Pra 174 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 (G), Page 2 BK 1395 1 P6 175 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 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 (G), Page 3 BK 1 395 1 PG 176 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/. i P U -. Irene H. Griffith, Grantors ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: GY0.0 AIZ ST ocENN/ ReNJ /Veyy PvR7 73EAc /V C el X j z SUBSURFACE PASS - THROUGH EASEMENT (G), Page 4 C- BK 13951PO 177 Parcel No. G -40 LEGAL DESCRIPTION Parcel 1: Lot 5 in Block H of the Seashore Colony Tract, as shown on a Map recorded in Book 7, page 25 of Miscellaneous Maps, records of said Orange County, State of California, EXCEPTING THEREFROM the Northeasterly fifteen feet of said land, as conveyed to the City of Newport Beach. Parcel 2: The Northeasterly fifteen feet of that portion of Ocean Avenue adjoining the above described property on the Southwest which was vacated and abandoned by the City of Newport Beach. EXHIBIT "A" BK 1 395 1 m 178 DESCRIPTIO14 Oxbow Oil Production Condemnation All those certain lands situated in the City of Newport 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) as said street is shown on a map of the Seashore Colony Tract 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 Newport Beach, said northwesterly boundar- y line being the southeasterly line of Summit Street, 30.00 feet in width, as shown on said man 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° 57'30 " East 472.31 feet to the centerline of the Santa Ana River as described in Case No. 22797 of the SupchorCourtof 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 78 °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 cur-le 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 G85.00 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.is shown on said map of Tract No. 772; thence along said centerline of Fern Street South 35 °51'00" West. 26.45 feet to the north- westerly prolongation of the northeasterly line of Lot 10 in Block 8 of said Tract No. 772; thence along said northwesterly prolongation, said northeasterly line of Lot 10 and the southeasterly prolongation thereof South 54 °09'00" East, 104.94 feet to the centerline of the 10 foot alley in said Block 8; thence along said centerline of the 10 foot alley South 35 °51'00" Vest, 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 Seashore Colony Tract; thence along said = enterline of the 10 foot alley in Block 8 South 35 047'11" West, 120.00 feet to the northwesterly prolongation of the northeasterly line of Lot 4 in Block 8 of said Sea- shore Colony Tract: thence along said northwesterly prolongation, said northeasterly line and the southeasterly prolongation thereof EXHIBIT "B" - Page ). BK 1 3 9 5 1 PG 1 7 9 South 54 °09'00" 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 °47'30" 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 man recorded in Book 162, Pages 20 through 26 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 °57130" 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 55051'30" West, 1520.68 feet to the POINT OF BEGINNING. I CONTAINING 21.383 Acres, more or less 4 EXHIBIT "B" - Page 2 0 a� • 1WI �yi is • v 4 � W;< sl , y t tl. '.ia�faN• .n wS a• / Y � . T / s` e' •��� 1� a 2 s 9 2 n _ p >• � � i � W n•.ve � a° sod •.�:. � .,;. I !;c r r � ;� a8. . ! NO of i . y < 3 } n ,r =a y n _ �l co MIT v )� • Sa+ II s 1 c .rlTp saw Lu s o Ya � ao�[VY i \•may oa • R V i+ a'UJ 41F.�i EXHIBIT -V STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On �-,e� _. , 19cf /, before me, the under- signed, a Notary Public in and for said State personally ap- peared Russell C. Griffith and Irene H. Griffith 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 3 day of VJIIAF J. G // `. LLIAM J. GLU "/l y fvUTARY PUBLIC ✓ IN SHIN DECO GO'C TY Notary Pub c in and for said MyCommisston Exp. Nov. 15,1982 Coun y and State 45RM1 '.'.15.YdL1 ^.M1+'L'.+WJ'sS11P.A 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, 196R , and the Grantee consents to recordation thereof by its duly authorized officer or agent. IN WITNESS WHEREOF, I have hereunto set my hand this 1Z L day of Ff4rw,oO , 1961. SUBSURFACE PASS - THROUGH EASEMENT (G), Page 5 2"73 WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 City Clerk Dood No. A// MAIL TAX STATEMENTS TO: E.E :`PT BK 14163PG JK /MM 12/8/80 Parcel G- 42 376 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA -11 453 AM AUG 4 '81 LEE A. BRANCH, County Recorder DOCUMENTARY TRANSFER TAX CITY OF NEWPORT BEACH 3300 Newport Boulevard Computed on the con - Newport Beach, California 92663 sideration or value of property conveyed. . . .Computed on the con- 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, WALTER S. SEMENIUK and JOAN S. SENIENIUK, 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 (4'00) 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 (G), Page 1 BK 1 41 6SPo 37 -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 (G), Page 2 0 BK 14168PG 3712 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 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 (G), Page 3 0 • BK 14163Pe 373 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 -Throu ``h��Ease- ment has been executed this _L day of 5,5,etf4- - 1981. Walter S. Semeniuk ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: j 6- SUBSURFACE PASS - THROUGH EASEMENT (G), Page 4 �qan S. Semeniuk Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: j 6- SUBSURFACE PASS - THROUGH EASEMENT (G), Page 4 Parcel No. G -42 LEGAL DESCRIPTION E BK 14166PO 374 The Southeasterly 45 feet of Lot 7 in Block "H" of the Seashore Colony Tract as per map recorded in Book 7, Page 25 of Miscellaneous Maps in the office of the Recorder of said County -of Orange, State of California. EXHIBIT "A" 0 • BK 14163PG 37 DESCnIPTION Oxbow Oil Production Condemnation All those certain lands situated in the City of ilewoort 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)as said streetis shown on a man of the Seashore Colony Tract recorded in Book 7. Page 2.5 of Miscellaneous Maps in the Office of the County Recorder of said County with the northwesterly boundarf line of the City of Newport Beach. said northwesterly boundary line being the southeasterly line of Summit Street. 30.00 feet in width, as shown on said man 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 35057'30" East 472.31 feet to the centerline of the Santa Ana River as desccribed in Case No. 22791 of the SupeciorCour'of .he State of California in and for the County of Orange and as shown on a Mao 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 78 °00'22" 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. 972. said cure being concave northerly and having a radius of 635.00 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.is shown on said map of Tract No. 772: thence along said centerline of Fern Street South 35 °51'00" West. 26.45 feet to the north- westerly prolongation of the northeasterly line of Lot 10 in Block 8 of said Tract No. 772: thence along said northwesterly prolongation. said northeasterly line -of Lot 10 and the southeasterly prolongation thereof South 54 009'00' East. 104.94 feet to the centerline of the 10 foot alley in said Block 8: thence along said centerline of the 10 foot alley South 35 051'00" West. 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 Seashore Colony Tract: thence along said _enteriine of the 10 foot alley in Block 8 South 35047111" West. 120.00 feet to the north%mesteriy prolongation of the northeasterly line of Lot 4 in Block 8 of said Sea- shore Colony Trac,: thence along said northwesterly prolongation, said northeasterly line and the souaheas,eriy prolongation thereof EXHIBIT "B" - Page 1 9 lJ Bx 14168PG 376 South 54009'00" 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 26 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 °57130" 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. CONTAINING 21.333 Acres, more or less .k:. .. _ EXHIBIT "B" - Page 2 m • i BK 1416SPG 377 4 • '1 < is W / w f a «:.a• Al ))II s I• Z O H a A l V °< ul 441 LLI ll11i± i' LU x.80• � » s `• D w "1 n � U' I � � �j - "'si' O• • � W ♦ 1' '+ •\. "� a ¢gyp =: i\ cF_3a :r5\� v: W o il�ns EXHIBIT ILCII 0 STATE OF CALIFORNIA SS. COUNTY OF ORANGE 0 BK 14165PG 373 On ?,���y /r- , 19J before me, the under- signed, a Notary Public in and for said State personally ap- peared Walter S. Semeniuk and Joan S. Semeniuk 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 70v� 19�. 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 thereo by its duly authorized officer or agent. IN WITNESS WHEREOF, 4 I have hereunto y* � %y11 L'AM J GL'' } Pub in for I \OTARY PUBLIC 5 Notary and said PRINCIPAL OF FICE '� IN SAN DIEGO COUNTY Coun�y and State hly commission EXP.Nov.15.1982 '. Z-1 4(,4, -L� 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 thereo by its duly authorized officer or agent. IN WITNESS WHEREOF, 4 I have hereunto set my hand this day of 1981. Z-1 4(,4, -L� . SUBSURFACE PASS - THROUGH EASEMENT (G), Page 5 io 0 • 2'Z�jI2 WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 `City Cl2rk Deed MAIL TAX STATEMENTS TO: M CIO BK 14168PS 36 JK /MM 12/8/80 Parcel G- 42 RECORDED IN OFFICIAL RECOROg OF ORANGE COUNTY. CALIFORNIA -ll 4? AM 40S 4 '81 LEE A BRANCH, County Recorder. DOCUMENTARY TRANSFER TAX CITY OF NEWPORT BEACH 3300 Newport Boulevard Computed on the con - Newport Beach, California 92663 sideration or value of property conveyed. Computed on the con- 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, A. EUGENIE FACER, 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, 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 (G), Page 1 0 0 BK 14166PS 362 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 (G), Page 2 BK 1416uPo 363 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 latex 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 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 ('G), Page 3 r r BK 141G(EP6 364 ant to California. Code of Civil Procedure Sections 1036, 1263.410, 1263.420, 1268.610, 1268.620 and 1268.710. Gran- tor also agrees and consents to the dismissal of any emi- nent domain action in the Superior Court wherein Grantor's real property is included. Grantor further understands the purpose for which this Grant is being made and Grantor, for itself, its successors and assigns, hereby waives any claim for and all damage to such Grantor's property or remaining property contiguous to the Grantor's real property interests hereby conveyed for the purposes described herein. This Subsurface Pass- Through Easement and each and all of its provisions shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, this Subsurface Pass- Through Ease- ment has been executed this day of /1_ , 198. A. Eugenie Fager Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: SUBSURFACE PASS - THROUGH EASEMENT (G), Page 4 Parcel No. G -42 LEGAL DESCRIPTION BK 14160Po 36 Lot Seven (7) in Block "H" of the "Seashore Colony Tract" as shown on a map recorded in Book 7, Page 25 of Miscellaneous Maps, records of Orange County, California. EXCEPT the southeasterly 45 feet thereof. EXHIBIT "A" BK 14168PC 366, DESC'IIPTION Oxbow Oil Production Condemnation All those certain lands situated in the City of tlewport 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) as said street is shown on a map of the Seashore Colony Tract recorded in Book 7, Page 25 of Miscellaneous Macs in the Office of the County Recorder of said County with the northwesterly boundary line of the City of Newport 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 E:SHIBIT 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 35057130" East 472.31 feet to the centerline of the Santa Ana River as described in Case No. 22797 of the Supecior Court of 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 000122" East, 515.70 feet and South 66 042120" 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 cur ie 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 635.o0 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.is shown on said man of Tract No. 772; thence along said centerline of Fern Street South 35 °51'00" West, 26.45 feet to the north- westerly prolongation of the northeasterly line of Lot 10 in Block 8 of said Tract No. 772; thence along said northwesterly prolongation, said nort?�easterly line of Lot 10 and the southeasterly prolongation thereof South 54 003'00" East, 104.94 feet to the centerline of the 10 foot alley in said Block 8; thence along said centerline of the 10 foot alley South 35 051'00" West, 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 Seashore Colony Tract; thence along said = enterline of the 10 foot alley in Block 8 South 35 047'11 West, 120.00 feet to the northwesterly prolongation of the nort.`.easterly line of Lot 4 in Block 8 of said Sea - shcre Colony Tract: thence along said northwesterly prolongation., said northeasterly line and the southeasterly prolongation thereof EXHIBIT "B" - Page 1 0 BK 14166FG '67 South 54 °09'00" 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 °47'30" West, 137. 17 feet to the northeasterly sight -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 26 of said Miscellaneous Mans; 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 35'87'30" West, 276.10 feet to said centerline of Ocean Front as said street is shown on said map of the Sea -shore Colony Tract; thence along said centerline North 55'51'30" West, 1520.68 feet to the POINT OF BEGINNING. I, i CONTAININ- G 21.383 Acres, more or less EXHIBIT "B" - Page 2 BK 14166PS 363 a �= 1 �LL\.�p q III �• I t p�; is .Al , • %�` � b . cos a .a� ,tl,u �lw� u'I I IL _ jj - \ 4 Z'V a w - 6 a g � G • i (/� W � y7• fi �)� w U a\ �\ . I � � z ¢� a T. 8. S •y °+N U Z_J I <$ W,o { ryr��Griy''y� 0`Ma-F'' -•=1 L - ITS io 'W ,'b.aS•�•�w •w 1r.� � to s�LI� a_-• �o' LLJ��i �w• ,�'Y o ����j. i',r�l'll I� � V• S y a� •p i � W. S si Z� I If�r ._p• . _ I W ` 1 y U W UJ U. o O AUj.w W: };y % •�L 1. Q:r ;e V. t tv TCi Ia iC >:Wea i•! / W =T3 EXHIBIT "C" i • BK 14163?e 36'j STATE OF CALIFORNIA ) ss. COUNTY OFZZ'r, On ' c. -- /,� /- -j/ before me, the undersigned, a No- tary Public in and for said State, personally appeared A. EuTenie !Eager' 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. " R BERT B. HOFFMAN Not' Y Puh1¢ - C'10..'ia PRINGNAI OFF CE IN LO ANCr_i_ES 2o. 1 °83 My Commission EFP e MoY 20. CERTIFICATE OF ACCEPTANCE Government Code Sec. 27281 N tar /Public 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 . \ a IN WITNESS WHEREOF, 1 9 have hereunto set my hand this day of , ., 155_JJ SUBSURFACE PASS'- THROUGH EASEMENT (G), Page 5 a O L� RECORDING REQUESTED BY WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California MAIL TAX STATEMENTS TO: 1173 E3- 526423 GO Clark JK /MM 12/8/80 No. kECORDEO IN OFFICIAL RECORDS 92663 OF ORANGE COUNTY. CALIFORNIA "3 is PM NOV 15 '83 CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663' COUNTY AECOROCR DOCUMENTARY TRANSFER TAX . . Computed on the con- sideration or value of property conveyed. Computed on the con- sideration or value less �X Pt P Gou. &cL 6 03 liens or encumbrances e. C. maining at time of sale. Signature of Declarant or Agent determining tax - - Firm Name SUBSURFACE PASS- THROUGH EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, JOHN SAAR, 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 (G), Page 1 MAIL TAX STATe- Y.L•NTS A3 DIRECTED ADM 0 3 -SH423 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 (G), Page 2 q 'Y ... f_ -.� � .. . '..:, �..'. .: -n ' ^.C�'�%tY,Fah "nti. .«' -?odY a �y:;.. "'W �iY�yj��,"a• 83- ;26423 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 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 (G), Page 3 ,hypiRa.m'riJJ'Y.NF "�"4 t^ZY. i`Pi 2'1tli iNri i -�. �e n_ 83- 'S16423 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_$ybsurface P ss -T rough Eas- ment has been executed this /-!F/- day of /�Q(/' , 198 STATE OF CALIFORNIA, COUNTY OF a DN i26?�P�m - 1 f{ 19 std before me, the ungetsiggpd; a Notgty Public in and for said State, personally appeared OFFICIAL SEAL DOROTHY L. PALEN NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY My Cann ssim Expires April 5. 1985 ACKNOWLEDGMENT —G60Ni WQk6M Fors 111 -Fer. 164 satisfactory evidence _.me"4eme, to be the person_ whose name_ subscribed to the within Instrument, and acknowledged to me that _he— executed the same. WITNESS my hand and official seal. Notar P blic in and to said State. ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: GRANTOR'S SOCIAL SECURITY NUMBER SUBSURFACE PASS - THROUGH EASEMENT (G), Page 4 STATE OF CALIFORNIA COUNTY OF (yA&f ry } SS. On / C/ �f 3 efore me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the person_ whose name t�- subscri ed to the within instrument and acknowledged that exe- cured the same. WITNESS my hand and official scat. i 1 W511 OFFICIAL SEAL DOROTHY L. PALEN . ; NOTARY PRINCIPAL PUBLIC LI Ll. NIA OOAKE COJI!TY my Ca^m6sim ExUires Affil 5. 1.45 (This area for official notarial seal) CERTIFICATE OF ACCEPTANCE Government Code Sec. 27281 This is to certify that the interest in real property conveyed by the Deed as set forth above to the CITY OF 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 tHa., 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 -1(4 day of AAV. . , . SUBSURFACE PASS - THROUGH EASEMENT (G), Page 5 ArmA 83-526423 PARCEL NO. G -43 LEGAL DESCRIPTION Lot 8 of Block H of the Seashore Colony Tract, as per map recorded in Book 7 Page 25 of Miscellaneous Maps, in the office of the county recorder of the County of Orange, State of California. Except the Northwesterly 45 feet thereof. EXHIBIT "A" 3-3- 526423 DESCRIPTION Oxbow Oil Production Condemnation All those certain lands situated in the City of Newport 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) as said street is shown on a map of the Seashore Colony Tract 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 Newport, Beach, said north•.vesierly boundary line being the southeasterly line of Summit Street, 30.00 feet in width, as shown on said man of the Seashore Colony Tract, said point of beginning being a point in the boundary line of the land described in the parcel entitled "ENHiBIT 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 35057'30" East 472.31 feet to the centerline of the Santa Ana River as described in Case No. 22797 of the SupeciorCourtof the State of California in and for the County of Orange and as shown on a man 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 78 000'22" East, 515.70 feet and South 66 °42'20" East, 643.27 feet to the northerly prolongation of the line dividing Lots 6 and 9 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 044151" 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 685.00 feet; thence easterly along said curve and centerline 10.63 feet through a central angle of 0 °53121" to the centerline of Fern Street as said street.is shown on said map of Tract No. 772; thence along said centerline of Fern Street South 35 °51'00" West, 26.45 feet to the north- westerly prolongation of the northeasterly line of Lot 10 in Block 8 of said TractIo_ 772; thence along said northwesterly prolongation, said nor -beasterly line of Lot 10 and the southeasterly prolongation thereof South 54 °00'00" East, 104,94 feet to the centerline of the 10 foot alley in said Block 8; thence along said centerline of the 10 foot alley South 35 051'00" 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 Seashore Colony Tract; thence along said = enterline of the 10 foot alley in Block 8 South 35 °49'11" West, 120.00 feet to the northwesterly prolongation of the nor:hcasterly line of Lot 4 in Block 8 of said Sea- shore Colony Tract. thence along said northwesterly prolongation, said no-.�easterly lire and the southeasterly prolongation thereof EXHIBIT "B" - Page 1 uw ^>y-m .v �.i?s'e �, a.wc -,.__ � :, it � , ,. a" .r.'s�z1x'.Y+ }+� ...'.,..�ti•» -w y.,M.:�• -�4- ��- ..�'i. 33- 5261 +23 South 54 °09'00" East, 114.83 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 °47'30" Nest, 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 man recorded in Book 162, Pages 20 through 26 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 35 057'30" 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, CONTAINUNG 21.383 Acres, more or less EXHIBIT "B" - Page 2 8J- .52642,E Irv` n• 4 ��// t 4 Ns �j 4 — _ _ a _ vw.44 0 W -a tA n-2 � °e H i o rM L'i(. LLIASi.�J. .•rwwn4 O [ ¢ [t \M OiO tJ Q= 014 1 W }•emu o L -L W W =Ti EXHIBIT I'C'I r WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California hi-EXEMPT MAIL TAX STATEMENTS TO: 23i73 EXEMPT C14 92663 C1.3._. ��8 I 2_61 CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 >r .1 � DF�ry lFFD hF�,PaRry o X981► C BK 14327PG 749 ,ZY /MM 12/8/80 - Parcel G- 43 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA -lis PM DEC 17'81 LEE A. DRARCH, Coun_y 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, JAY THOMAS PETERSON and JANE CLAIRE PETERSON, 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 (G), Page 1 BK 1 4327p 750 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 (G), Page 2 BK 1 4327P 751 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 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 (G), Page 3 BK 14327Po 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 s- Through Ease- ment has been executed this _.gL day of Z(4i1/ , 1981. a,M a�2/ I "oj 6 JAY/' H S PETERSON JANE CLAIRE PETERSON Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: M 11l pt.-.4* Zvi, &fld'l (alb/ q 7 SUBSURFACE PASS - THROUGH EASEMENT (G), Page 4 752 Parcel No. G -43 LEGAL DESCRIPTION E C BK 1 4327p 753 The Northwesterly 45 feet of Lot 8 in Block H of Seashore Colony Tract, as per map thereof recorded in Book 7, Page 25 of Miscellaneous Maps, records of Orange County, California, the Southeasterly line of said Northwesterly 45 feet being distant 45 feet measured at right angles from the Northwesterly line of said lot. EXHIBIT "A" I DESCRIPTION Oxbow Oil Production Condemnation All those certain lands situated in the City of newport 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) as said street is shown on a map of the Seashore Colony Tract 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 Newport Beach, said northwesterly boundary line being the southeasterly line of Summit Street, 30. 00 feet in width, as shown on said man 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 centerline of the Santa Ana River as described in Case No. 22797 of the Super:orCourtof the State of California in and for the County of Orange and as shown on a man filed in Book 65, Pages 31 through 36 of Records of Surreys in the Office of the County Recorder of said County; thence along said centerline South 78'0022" East, 515.70 feet and South 66 042'20" 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 685.00 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.is shown on said map of Tract No. 772; thence along said centerline of Fern Street South 35 °51'00" West, 26.45 feet to the north- westerly prolongation of the northeasterly line of Lot 10 in Block 8 of said Tract No. 772; thence along said northwesterly prolongation, said northeasterly line of Lot 10 and the southeasterly prolongation thereof South 54 °03100" East, 104.94 feet to the centerline of the 10 foot alley in said Block 8; thence along said centerline of the 10 foot alley South 35 °51'00° West. 90.00 feet to the southwesterly line of said Tract No. 772 and a point in the centerline of the 10 foot alley in Bloc" 8 of said Seashore Colony Tract: thence along said _cnterline of the 10 foot alley in' Bloch 8 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 Colony Tract: thence along said northwesterly prolongation. said northeasterly line and the southeasterly prolongation thereof EXHIBIT "B" - Page 1 OR BK 14327PO 755 South 54'09'00" 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 35'47'30" Nest, 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 mao recorded in Book 162, Pages 20 through 26 of said Miscellaneous Maus; 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 55' 51'30" West, 1520. 68 feet to the POINT OF BEGINNING. CONTAINING 21.383 Acres, more or less EXHIBIT "B" - Page 2 BK 1 4327P 756 v ^ 1 ` • I I i u IL je . •�� +�ti 'Q .'�� a +�j z qy, • ",, I , r 11� _ a a �I z ' or.n r S a jJ W za Fs is I •"U I •S g y i x s a • VVV _� ''.. 3 ' W z8 L lz> 1'!'111 W` gi, •� b .g LRm 4t �-�.J I Iw�LI {{ I o ••'vA a Z LL au` EXHIBIT "G" C (- BK 14327PG STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On NOVEMBER 21, 1981 , 1981, before me, the under- signed, a Notary Public in and for said State personally ap- peared JAY THOMAS PETERSON and JANE f T.ATTZR PrMrPgrm known to me to be the person(s) whose name(s) are subscribed to the within instrument, and acknowledged that they exe- cuted the same. IN WITNESS WHEREOF, I have hereunto set my hand this 21st day of NnyPmhar , 1981. OFFICIAL sEAL VIRGINIA KEt4 LL Gri� cc�/ /Xi�Zt�GLl.� NOTARY PURIIC .CALIFORNIA m'MCIPALOFFICE IN Notary /Public In and for said ORANGE COUNTY County and State V Commission Exp. Mar. Is 1983 ...� -- -- CERTIFICATE OF ACCEPTANCE Government Code Sec. 27281 This is to certify that the interest in real property conveyed by the Deed as set forth above to the CITY OF NEWPORT BEACH is hereby accepted by the undersigned officer or agent on behalf of the City Council of such City pursuant to authority conferred by an adopted resolution by the City Council dated May 13, 1968 , and the Grantee consents to recordation thereof by its duly authorized officer or agent. IN WITNES "S WHEREOF, I have hereunto set my hand this day of 17e c 19F 1. V �`•LC r� - C SUBSURFACE PASS - THROUGH EASEMENT (G), Page 5 757 s • w • • 297T BK 141E3Pe 379 WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 1 i'..:.d / C Gds11AL MAIL TAX STATEMENTS TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 JK /MM 12/8/80 Parcel G- 44 RECORDED IN OFFICI OR EAL-H PT COUNTY, CALIFORNIA CIO -ll 45 AM AUG 4 '81 LEE A BRANCH, County Recorder DOCUMENTARY TRANSFER TAX Computed on the con sideration or value of property conveyed. Computed on the con- 4 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, DAVID MANOOKIAN, 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- 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 (G), Page 1 • LI BK 14 1 6CPa 380 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 goad 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 "r 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 (G), Page 2 I. 1 • • BK 14 1 68P 381 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 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 (G), Page 3 • • BK 14163PG 382 ant to California Code of Civil Procedure Sections 1036, 1263.410, 1263.420, 1268.610, 1268.620 and 1268.710. Gran- tor also agrees and consents to the dismissal of any emi- nent domain action in the Superior Court wherein Grantor's real property is included. Grantor further understands the purpose for which this Grant is being made and Grantor, for itself, its successors and assigns, hereby waives any claim for and all damage to such Grantor's property or remaining property contiguous to the Grantor's real property interests hereby conveyed for the purposes described herein. This Subsurface Pass- Through Easement and each and all of its provisions shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, this Subsurface Pa s -Thr ugh Ease- ment has been executed this %(, day of 04 , 1981. XQ C, Aet4,_e�X�ex_ Dav'±d Manookian Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO HE SENT: David Manookian P. 0. Box 2060 Sun Valley, Idaho 83353 SUBSURFACE PASS - THROUGH EASEMENT (G), Page 4 0 Parcel No. G -44 LEGAL DESCRIPTION 0 SK 14 16 8 PS 3 � Lot 1, Block I of Seashore Colony Tract with portion of the Northeast 15.00 feet of Ocean Avenue, bounded Northwest by the Southwest prolongation of the Northwest line of said Lot 1 and bounded Southeast by the Southwest prolongation of the Southeast line of said Lot 1 as said Ocean Avenue was abandoned by the resolution of city council of said City of Newport Beach a copy of which was recorded January 5, 1932 in Book 530, pages 54 of official record -of Orange County, State of California. EXCEPTING, the Northeast 15.00 feet of said Lot 1. EXHIBIT "A" 0 DESCRIPTION 0 SK 1416UPC 384 Oxbow oil Production Condemnation All those certain lands situated in the City of tlewoort Beach, County of Orange, State of California, more particular described as fellows: PARCEL "G ": Beginning at the intersect on of the centerline of Ocean Front (forrnerly Ocean Avenue) as said street is shown on a mar) of the Seashore Colony Tract 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 Newport 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 "EY:iIBIT 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 35057'30" East 472.31 feet to the centerl:.-ie of the Santa Ana River as described in Case No. 22791 of the SuoeciorCourt of 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 78° 00' 22" 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 G85.00 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.is shown on sai centerline of Fern Street S o westerly prolongation of the said Tract No. 772; thence northeasterly line of Lot 10 South 54 °0'9'00" East, 104 in said Block 8; thence South 35° 51'00" Nest. 90.0 0 No. 772 and a point in the said Seashore Colony Tract alley in Block 8 South 35 °4 prolongation of the northeas shore Colony Tract; thence northeasterly line and d map of Tract No. 772; thence along said uth 35 °51'00" West. 26.45 feet to the north- northeasterly line of Lot 10 in Block 8 of along said northwesterly prolongation, said and the southeasterly prolongation thereof 94 feet to the centerline of the 10 foot alley along said centerline of the 10 foot alley feet to the southwesterly line of said Tract centerline of the 10 foot alley in Block 8 of thence along said _enterline of the 10 foot 7'11" West, 120.00 feet to the northv:esterly terly line of Lot 4 in Block 8 of said Sea - along said northwesterly prolongation, said the southeasterly prolongation thereof EXHIBIT "B" - Page 1 BK 14168PO 385 South 54 °09'00 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 °47'30" 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 26 of said Miscellaneous Mans; 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 55 °51'30" West, 1520. 68 feet to the POINT OF BEGINNING. I j CONTAINUNG 21.383 Acres, more or less EXHIBIT "B" - Page 2 i� 9 0 BK 14168PG 38U 3 L1 �' 1p i F r f.i FI LLI LU Cx LU 4l n// A i y .• x �a O 4 �•. p Q W , % � � �,�j s a a ,• � „� t11 n T li0 �'23_I ^I �. O i } po; Bg ILuV On o� r c °o xa\ tam U 2 s.. a.Weo W =nW �/ all�nz EXHIBIT "C33 C� IDAHO STATE OF dl(UWb(Ae ) ss. COUNTY OFGine ) 0 BK 14168Pe 387 On /,� i <.� j before me, the undersigned, a No- tary Public in and for said State, personally appeared David tianookian , 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. Notary Public My commission expires one,. a 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 gave hereunto set my hand this day of ,/4�:/'iI 19_}-I, SUBSURFACE-PASS- THROUGH EASEMENT (G), Page 5 4604 BK 1 39037 P0 1 a 0 8 JK /MM 12/8/80 Parcel G- 45 WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard EnEPOPT Newport Beach, California 92663 C 5 RECORDED IN OFFICIAL RECORDS City Clerk OF ORANGE COUNTY, CALIFORNIA Deed N0_ MAIL TAX STATEMENTS TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 9 -11M A.M. FEB 4'81 LEE A BRANCH, County Recorder DOCUMENTARY TRANSFER TAX . . .Computed on the con - sideration or value of property conveyed. . . .Computed on the con- sideration or value less liens or encumbrances re- maining at time of sale. Signature of Declarant or Agent determining tax - - Firm Name SUBSURFACE PASS - THROUGH EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, JEAN E. GILL, 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, 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 (G), Page 1 BK 13937PG 1809 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 ways 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 (G), Page 2 7 • • B 13' 031 7 PO 131Q 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 amounts 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 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 (G), Page 3 8K 1,933 7 Ps 1811 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, th' Subsurface Pass - Through' Ease- ment has been executed this �6t day of January , 1981. zP Je n E. Gill Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: Jean E. Gill 6902 W. Ocean Front Newport Beach, Ca. 92663 SUBSURFACE PASS- THROUGH EASEMENT (G), Page 4 Bn 13J%37Fm r 1 US 12 Parcel No. G -45 LEGAL DESCRIPTION Parcel #1. Lot 2, Block I, Seashore Colony Tract, as shown on a Map recorded in Book 7, Page 25, Miscellaneous Maps, records of Orange County: EXCEPTING THEREFROM the North- easterly 15 feet of said lot as conveyed to the City of Newport Beach by deed recorded January 6, 1932, Book 527, Page 349, Official Records.of the County of Orange, State of California. Parcel #2. The Northeasterly 15 feet (measured along a line drawn parallel with the Southwesterly prolongation of the Northwesterly line of Fern Street), of Ocean Avenue abutting on said Lot 2: said Northeasterly 15 feet having been vacated and abandoned on January 4, 1932, by resolution of the Board of Trustees of the City of Newport Beach, a certified copy of which was recorded January 5, 1932, in Book 530, Page 54, Official records of Orange County. EXHIBIT "A" 0 0 B 1 %r "037PC 1 U I 3 DESCRIPTION oxbow Oil Production Condemnation All those certain lands situated in the City of tiewoort 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) as said street is shown on a man of the Seashore Colony Tract recorded in Book 7, Page 25 of Miscellaneous Mans in the Office of the County Recorder of said County with the northwesterly boundary line of the City of Newport 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 35057'30" East 472.31 feet to the centerline of the Santa Ana River as described in Case No. 22797 of the SuperiorCourtof the State of California in and for the County of Orange and as shown on a man 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 78 °00'22" East, 515.74 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 Mans; 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 685.00 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.is shown on said man of Tract No. 772: thence along said cc-iterline of Fern Street South 35 °51'00" West. 26.45 feet to the north- westerly prolongation of the northeasterly line of Lot 10 in Block 8 of said Tract No. 772: thence along said northwesterly prolongation, said northeasterly line of Lot 10 and the southeasterly prolongation thereof South 54 °09'00" East, 104.94 feet to the centerline of the 10 foot alley in said Block 8; thence along said centerline of the 10 foot alley South 35 °51'00" West. 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 Seashore Colony Tract: thence along said centerline of the 10 foot alley in Block 8 South 35 °47111" West. 120.00 feet to the northwesterly prolongation of the northeasterly line of Lot 4 in Block S of said Sea- share Colony Tract: thence along said northwesterly prolongation. said northeasterly line and the southeasterly prolongation thereof EXHIBIT "B" - Page 1 B 139%37Pc 1 ; ; 4 South 54 009100" 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 °47'30" Nest, 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 i62, Pages 20 through 26 of said Miscellaneous Maps; thence along said northeasterly right -of -way line South 54 °02130" 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 957130" 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 55051130" West, 1520.68 feet to the POINT OF BEGINNING. 1. i CONT3INLNG 21.383 Acres, more or less EXHIBIT "B" - Page 2 a BK 13 0 3 7 nu 1315 1f N 'K co o Its LU n T-t 'IE k! ui C) LU 4:.W .2 EXHIBIT -C- I STATE OF CALIFORNIA ) ss. COUNTY OF Orange ) • B 1 393j 7Pu 13 16 On January 26, 1981 before me, the undersigned, a No- tary Public in and for said State, personally appeared Jean E. Gill , 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 ahe executed the within Instrument. WITNESS my hand and official seal. Notary Public `�:!' PRINC a'q! OFFICE IN !OS nrC;fLES CQ�NTY MY Gmmisinn E4ies AWreh 2B, 198( 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. Play 13, 1968 , and the Grantee consents to recordation thereof by its duly authorized officer or agent. .rA;N WITNESS WHEREOF, I have hereunto set my hand this day of 199. SUBSURFACE PASS- THROUGH EASEMENT (G), Page 5 [�QJ WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 City Clerk Deed MAIL TAX STATEMENTS TO. EXEMPT C2 CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 BK 1 395 1 Pc 182 JK /MM 12/8/80 lsarcel .G 46 RECORDED IN nmCIAL RECORDS OF ORANGE Cu..: - ": ;.ALIFORNIA -ass p M. FEB 17'81 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, LUCILLE A. THATCHER, a widow 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 (G), Page 1 BK 1 395 1 PG . -183 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 (G), Page 2 BK 1 395 1 PG 184 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 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 (G), Page 3 BK 1 395 1 P6 _ 185 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 30th day of January r 1981. Lucille A. Thatcher ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: PIrc Lur>>lp A Thatcher 5624 Walnut Grove Avenue San Gabriel, California 91776 SUBSURFACE PASS- THROUGH EASEMENT (G), Page 4 Grantor BK 1 3951 P6 186 Parcel No. G -46 LEGAL DESCRIPTION PARCEL I. Lot 3 in Block "I" of the Seashore Colony Tract in the City of Newport Beach, County of Orange, as shown on a Map recorded in Book 7 page 25 of Miscellaneous Maps, y records of Orange County, California, EXCEPT therefrom the Northeasterly 15 feet conveyed to the city of Newport Beach, a municipal corporation, by Deed recorded January 6, 1932 in Book 531, page 61 of Official Records. PARCEL II. The Northwesterly 15 feet (measured along a line drawn parallel with the Southwesterly prolongation of the Southwesterly line of Fern Street) of Ocean Avenue abutting on Lot 3 of Block "I" of the Seashore Colony Tract, in the City of Newport Beach, County of Orange, State of California, as shown on a Map recorded in Book 7 page 25 of Miscellaneous Maps, records of Orange County, said Northeasterly 15 feet having been vacated and abandoned on January 4th, 1932 by a Resolution of the Board of Trustees of the City of Newport Beach, a certified copy of which was recorded January 5th, 1932 in Book 530 page 54 of Official Records. EXHIBIT "A" i BK 1395 1 P6 187 DESCRIPTIO14 Oxbow Oil Production Condemnation All those certain lands situated in the City of tlewport Beach, County of Orange, State of California, more particular described as follows: PARCEL "G ": Beginnfng at the intersection of the centerline of Ocean Front (formerly Ocean Avenue) as said street is shown on a man of the Seashore Colony Tract 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 Newport 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 Rarcel 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 centerline of the Santa Ana River as described in Case No. 22797 of the SuperiorCourtof the State of California in and for the County of Orange and as shown on a man filed in Book 68. Pages 31 through 36 of Records of Surveys in the Office of the County Recorder of said County: thence along said centerline South 78 °00'22" 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 685.00 feet: thence easterly along said curve and centerline 10. 63 feet through a central angle of 0053121" to the centerline of Fern Street as said street.is shown on said map of Tract No. 772: thence along said centerline of Fern Street South 35 °51'00" West, 26.45 feet to the north- westerly prolongation of the northeasterly line of Lot 10 in Block 8 of said Tract No. 772: thence along said northwesterly :Prolongation. said nor- ,heasterly line of Lot 10 and the southeasterly prolongation thereof South 54 °03100" East. 104.94 feet to the centerline of the 10 foot alley in said Block 8: thence along said centerline of the 10 foot alley South 55 °51'00" West. 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 Seashore Colony Tract: thence along said = enterline of the 10 foot alley in' Block 8 South 35 047'11" West. 120.00 feet to the northwesterly prolongation of the northeasterly line of Lot 4 in Block 8 of said Sea- shore Colony Tract: thence along said northwesterly prolongation, said northeasterly line and the southeasterly prolongation thereof cXHIBIT "B" - Page 1 BK 13 9 51 PG South 54 °09'00" 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 °47'30" Nest, 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 26 of said Miscellaneous Maps; thence along said northeasterly right -of -way line South 54 °02130" 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 55° 51'30" West, 1520. 68 feet to the POINT OF BEGINNING. CONT3INLYG 21.383 _Acres, more or less ka EXHIBIT "B" — Page 2 v 1 a r t`Nt�r� 1 3 `f +tias.r QL 8 •A a �• Pa �. i j S i " /• .yam } � •e �� �"' � i ca 0 �� 44 `^' ICI• l •j LU ••J °y.a �� � ?Ir j� .•\ :'_°•� i �• a b' _ v UA \+r. it . &y o •� Y , _ I _ t u.rN C CL i TS Z V° i EXHIBIT "C" A x U �z i 91 e " /• .yam } � •e �� �"' � i ca 0 �� 44 `^' ICI• l •j LU ••J °y.a �� � ?Ir j� .•\ :'_°•� i �• a b' _ v UA \+r. it . &y o •� Y , _ I _ t u.rN C CL i TS Z V° i EXHIBIT "C" A h• F BK 1395 1 PG STATE OF CALIFORNIA ) ss. COUNTY OF Orange ) On January 30, 1981 before me, the undersigned, a No- tary Public in and for said State, personally appeared T.,cille A_ mharc- Pr 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. C. r H. E. NICKERSON Notary Public I_ Ncfory Public - California /��� PRINCIPAL OFFICE IN ,i LOS ANGELES COUNTY My Commis ion ExPirG March 28, 1987 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 P3ay 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 /Z4- day of 02:t� 191. C SUBSURFACE PASS - THROUGH EASEMENT (G), Page 5 190 a a 2080 WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 C;ty C!otk� 1 Deed No. 16 / MAIL TAX STATEMENTS TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 1 L10 Bx 14168PS 433 JK /MM 12/8/80 Parcel G- 47 RECORDED IN OF ORANGE COOUNTYIAGL RE ORNIAA •11 45 AM 4UG 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 acknowledgged, RU AZ RY C. CoTTIER, a married women, as her sole and separate property, as to an undivided one-half interest, and JOAN C. CARLSON, an unmarried woman, as to an undivided one -half interest, as tenants in commn, 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 (G), Page 1 /.J 0 BK 141Upo 434 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 of -1 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 (G), Page 2 C: • ex 14163Ps 43 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 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 (G), Page 3 BK 14168PG 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. or further unde Grant is b6lTrg— made u and assigns, h by w such Gran s propert the ntor's t#nr purpos*s2escribed ;,tam the purpose antor, for itself —any c is im—f 5r a nd re rnaininq- proper_t interests hereby 43U' for whi _-this st successors n all damage to cyontiguous t conveyed for 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 ass-Through Ease- ment has been executed this day of / , 198. R semary C. Cot.ier f ?f-:2" �j Jo C. Carlson Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: SUBSURFACE PASS- THROUGH EASEMENT (G), Page 4 9 Parcel No. G -47 LEGAL DESCRIPTION 0 BK 14168PG 437 Parcel 1. Lot 4 in Block "I" of Seashore Colony Tract, as per map thereof recorded in book 7, page 25 of Miscellaneous Maps, in the office of the county recorder of said county.of Orange, State of California. EXCEPT therefrom the Northeasterly 15 feet as conveyed to the city of Newport Beach by deed recorded January 6, 1932 in book 530, page 69 of Official Records. Parcel 2. The Northeasterly 15 feet (measured along a line drawn parallel with the Southwesterly prolongation of the Northwesterly line of Fern Street) of Ocean Avenue abutting on said Lot 4; said Northeasterly 15 feet having been vacated and abandoned on January 4, 1932 by Resolution of the Board of Trustees of the city of Newport Beach, a certified copy of which was recorded January 5, 1932 in book 530 page 54 of Official Records. EXHIBIT "A" 0 DESCRIPTIC14 0 Bx 14 16 03 PG 43 Oxbow Oil Production Condemnation All those certain lands situated in the City of liewport 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) as said street is shown on a map of the Seashore Colony Tract 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 Newpor t Beach, said northwesterly boundary line being the southeasterly line of Sur nit 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 EYEIBIT 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 350 57'30" East 472.31 feet to the centerline of the Santa Ana River as described in Case No. 22797 of the SuperiorCourtof the State of California in and for the County of Orange and as shown on a reap 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 78 000'22" 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 G85.00 feet; thence easterly along, said curve and centerline 10. 63 feet through a central angle of 0 053121" to the centerline of Fern Street as said street.is shown on said map of Tract No. 772; thence along said centerline of Fern Street South 35 °51'00" West, 26.45 feet to the north- westerly prolongation of the northeasterly line of Lot 10 in Block 8 of said Tract No. 772; thence along said northwesterly prolongation, said northeasterly line of Lot 10 and the southeasterly prolongation thereof South 54'03'00" East, 104.94 feet to the centerline of the 10 foot alley in said Block 8; thence along said centerline of the 10 foot alley South 35 °51'00" West. 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 Seashore Colony Tract; thence along said centerline of the 10 foot alley in Block 8 South 35 °47'11" Nest, 124.00 feet to the northwesterly prolongation of the northeasterly lint of Lot 4 in Block 8 of said Sea- shore Colony Tract; thence along said northwesterly prolongation, said northeasterly line and the southeasterly prolongation thereof EXHIBIT "B" — Page 1 • • BK 14168PG 43 � 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 °47'30" Nest, 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 26 of said Miscellaneous Mans; 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 55 °51'30" West, 1520.68 feet to the POINT OF BEGINNING. f i CONTAiN1NG 21.383 Acres, more or less �.' EXHIBIT "B" — Page 2 W Cl K yI � i K R r i� .Q .1 EXHIBIT "C" BK 141E8Po 440 s— I. ti <y- I U j w ♦� IC I`� C / II I e �kj• h V� IV. Q� i ,t e G t �yy5' 1 P > t 1 , i z 0 r = a U� VZ N� J2 r Wa �o •.. M�o iC S ua X° s �o W Q l__ 00 C a `- Y. o W 2 5 o LL. _. W:F ;a i °W o 0 W.=T; Gth Tz G a in m x 0 v' C N (7 � G .. tl V STATE OF CALIFORNIA SS COUNTY OF LOS ANGELES 0 BK 14168Ps 44 On May 28, 1981, before me, the undersigned, a Notary Public in and for said State, personally appeared ROSEMARY C. COTTIER, known to me to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same. WITNESS my hand and of icial seal. OMissicn H ICKERSON Not micCalifornia IT LGSrAN ELES COUNTY H. . Nickerson ExDirM Apil 1I, 19119 STATE OF CALIFORNIA j COUNTY OF Los Angeles } SS. On May 28, 1981 ) before me, the undersigned, a Notary Public in and for said County and State, personally appeared .Joan C. Carlson known to me to be the person whose name is --subscribed to the within instrument and acknowledged that she executed the same. I/ SAFECO FOR NOTARY SEAL OR STAMP OFFICIAL SEAL LINDA PARK v NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNTY My Comm. expires JUL 5, 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 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 �V day of \T ✓F' 1981, N - 1 I 0 WHEN RECORDED MAIL T0: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California (11 C erX :..fd MAIL TAX STATEMENTS TO; • 28207 92663 EAE�PT C4 CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 8K 1 3989p 1587 JK /MM 12/8/80 .'Parcel G- 48 '? RECOROFDIN OFfICIAL RECORDS Of ORANGE COUNTY. CALIFORNIA -2 n RM MWO 181 LEE A. Ci AXH. County Fecorder 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, JACK JAY WOOD and JANET W. WOOD, 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 (G), Page 1 r BK 13989Po 1588 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 (G), Page 2 Y j �V BK i 3989P6 1 580 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 - n ^.shed 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 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, abardonment 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 (G), Page 3 0 BK 13989Pe 1590 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 Pas Through Ease- ment has been executed this ( day of _, 198. 11 - a ck a 4 od anet i9. Pt f Grantors ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: SUBSURFACE PASS- THROUGH EASEMENT (G), Page 4 BK 13939P6 1591 PARCEL No. G -48 LEGAL DESCRIPTION PARCEL 1: Lot 5, Block "I" of Seashore Colony Tract, as shown on a Map recorded in Book 7, page 25 of Miscellaneous Maps, records of Orange County, California. Except the northeasterly 15 feet of said lot as conveyed to the City of Newport Beach by Deeds recorded January 6, 1932, in Book 351, pages 63 and 65 of Official Records. Parcel 2: The northeasterly 15 feet (measured along a line drawn parallel with the Southwesterly prolongation of the Northwesterly line of Fern Street) of Ocean Avenue abutting on said Lot 5, said Northeasterly 15 feet having been vacated and abandoned on January 4, 1932, by resolution of the Board of Trustees of the City of Newport Beach, a certified copy of which was recorded January 5, 1932, in Book 530, Page 54 of Official Records, together with all of Gran- tor's right, title and interest in and to that certain Subsurface ! easement, dated April 7, 1954, recorded August 13, 1954, in Book 2792, page 337 of Official Records as pertains to Lot 5 only. EXHIBIT "A" a il r] 0 BK 13989Po 1592 DESCRIPTION Oxbot4 Oil Production. Condemnation All those certain lands situated in the City of Newport 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) as said street is shown on a map of the Seashore Colony Tract 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 Newport Beach. said northwesterly boundary line being the southeasterly line of Summit Street_ 30.00 feet in width_ as shown on said man_ 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 2324. 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 centerline of the Santa Ana River as described in Case No. 22797 of the SuaeciorCour of 'he 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 78000122" East, 515.70 feet and South 66042'20" 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 Mans; 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 685.00 feet: thence easterly along said curve and centerline 10. 63 feet through a central angle of 0053121" to the centerline of Fern Street as said street.is shown on said map of Tract No. 772; thence along said centerline of Fern Street South 35 °51'00" west. 26.45 feet to the north - westerly prolongation of the northeasterly line of Lot 10 in Block 8 of said Tract No. 772; thence along said nor'.hwesterly prolongation, said northeasterly line of Lot 10 and the southeasterly prolongation thereof South 54 °09'00" East, 104.94 feet to the centerline of the 10 foot alley in said Block 8; thence along said centerline of the 10 foot alley Sou -.h 3'5° 51'00" west. 90.00 feet to the south %vesterly line of said Tract No. 772 and a point in the centerline of the 10 Coot alley in Block 8 of said Seashore Colony Tract: thence along said = enterline of the 10 foot alley in Block 8 South 35 °47'11" west, 120.00 feet to the northwesterly p:-�longation of the nor'` easterly lint of Lot 4 in Block 8 of said Sea- shore Colony Tract: thence along said northwesterly prolongation, said nor_!:eascerly line and the southeasterly prolongation thereof EXHIBIT "B" - Page 1 BK 13989Po 1593 -" South 54. 09'00" 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" Nest, 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 man recorded in Book 162, Pages 20 through 26 of said Miscellaneous Mans: thence along said northeasterly right -of -way line South 54 °02'30" East, 113.67 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. i CONTA21LNG 21.383 Acres, more or less EXHIBIT "g" - Page 2 sA • gK 13939Po 1594 - 1,1 i M Y•bp �� i 4 Is y•_ Yi V I a V i l ���. 1 9F•�YO^ m 1r A� ♦ j0 W I 'N I r f I f- uj m is LU Y� 1 !ren t�.tasc.� •ne O < s it aL iWo >. EXHIBIT "C" I� 3 0 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) 0 6K 13989Pu- 1595 On Tf'.�_ /�' , 192�/, before me, the under- signed, a Notary Public in and for said State personally ap- peared Jack Jay Wood and Janet 1.7. Wood known to me to be the person(s) whose name(s) are subscribed to the within instrument, and acknowledged that thev exe- cuted the same. IN WITNESS WHEREOF, I have hereunto set my hand this day of y WILLIAM J GLUM, +tin I:o• NO! PY HUeLIC Notary Publvxc in and for said PR; ICIPAL O FILE IN SAN OI2`1J COUNTY County and State My Commission Fxp. NOV. 15, 1992 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 Mav 11 1968 , and the Grantee consents to recordation th ere of by its duly authorized officer or agent. IN WITNESS WHEREOF, I have hereunto set my hand this day of 19 F fti SUBSURFACE PASS- THROUGH EASEMENT (G), Page 5 1 64 BK 1 4020 PU 6 1 7 5 9 3 ,7K /MM 12/8/80 WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard RE=9EDINOfFICIAL"RD3 Newport Beach, California 92663 OFDRMGECWMY.CAUM"IA -- •111SAM APR15'81 EXEMPT No -% f� C 2 LEE A. BRAtU. County Recorder 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, IRWIN L. GREEPBERG and SONDRA D. GREENBERG, husband and wife, 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, ooerate, produce, dismantle (remove casing and other equip- ment r m), plug and abandon under and through the subsur- face c f that certain real property hereinafter described in whit_; -_i-ar -tor has reserved the right to control subsurface pass - through easements ( "Grantor's real property" herein) at a dectn net less than Four Hundred (400) feet measured ver- tic =__:v telow the surface thereof, a well or wells for the purrese of exploring for and /or producing oil, gas and /or ct::er nvdrocarton substances; the easement and right of way granted terein shill lie under that certain parcel of real orecert_ situated in the City of Newport Beach, County of Orange. State of California, and more particularly described in Ex-_ ^it t "A" to this Deed and such description by this re- ference is Dade a part hereof as though set forth at length. SUBSUPP. -:CE PASS- THROUGH EASEMENT (G), Page � S BK 14020 PG 1641 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 corT.ersation 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 (3.2753) 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 Exhiti "B," as the square footage of Grantor's real prop- erty, as described in Exhibit "A ", bears to the total square foota_e of the lands lying within the outer boundaries of Exhibits '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 - tser ax::luding streets and lards 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 casc..r.e, or upon any oil or gas used in connection with anv well drilled or operated hereunder, or upon any gas whir. 1.s used for repressuring any oil bearing formation in an a_esot 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 ca -e, _rantee shall be entitled to deduct from the compen- satio-: ereunder the Grantor's proportionate share of any SUBSURFACE PASS- THROUGH EASEMENT (G), Page 2 LI BK 1 4 ©20 P6 1642 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 unmerchatable 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 a, -runts of compensation previously paid to Grantor. Furthermore, if it should be determined that Grantor owns less t-an all of the rights to provide Grantee the easement righ= and right of way conveyed herein, Grantee shall be entitled to accept such rights as are granted herein by Grant-cr., and prorate the compensation accruing to Grantor acco__ingly. _:-is Subsurface Pass- Through Easement shall be and be- come affective from and after the date that Grantor executes the S_-e, or January 26, 1981, whichever is later. grantor hereby agrees to make no claims in eminent do -r_'.n against Grantee relating to the herein- described lance, including without limitation any claims for fees, costS, attorneys' fees, abandonment costs, interest, those clai which may arise out of Grantee's immediate pos- sessior of Grantor's real property and any claims pursu- SUBSUR_ACE PASS— THROUGH EASEMENT (G), Page 3 0 BK 14020 PG 1643 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 Irwin L. Greenberg r. G' I Sondra D. Greenberg Grant o s ADDRESS OF GRA.ti' *TOR TO WHT.-W fCMPENSATIODI PAYM-71 - °S ARE TO BE SENT: V. SUBSURFACE PASS - THROUGH EASEMENT (G), Page 4 '_J • • BK 1 4020 Ps 1644 PARCEL No. G -49 LEGAL,DESCRIPTIONS Parcel 1: Lot 6 in Block I of Seashore Colony Tract, as per map recorded in Book 7, Page 25 of Miscellaneous Maps, in the Office of the County Recorder of the County of Orange, State of California, except the Northeasterly 15 feet of said lot, as conveyed to the City of Newport Beach by Deeds recorded January 6, 1932, in Book 526, page 63 of Official Records. Parcel 2: The northeasterly 15 feet (measured along a line drawn parallel with the southwesterly prolongation of the northwesterly line of Fern Street) of Ocean Avenue abutting on said Lot 6, and northeasterly 15 feet having been vacated and abandoned on January 4, 1973, by resolution of the Board of Trustees of the City of Newport Beach, a "certified copy of which was recorded January 5, 1932, in Book 520, Page 54, of Official Records. EXHIBIT "A" \r BK 1 4020 P6 1 645 DESCRIPTION Oxbow Oil Production Condemnation All those certain lands situated in the City of Ytewport. Beach, County of Orange, State of California, more particular described as folloo;s : PARCEL "G ": Beginnfn.g a; the intersection of the centerline of Ocean Front (formerly Ocean Avenue) as said street is shown on a map of the Seashore Colony Tract 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 Newport Beach, said northwesterly boundaryryy 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 jDEXHIBIT 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 35057130" East 472.31 feet to the centerline of the Santa Ana River as described in Case No. 22797 of the Su-_eriorCourtc the State of California in and for the County of Orange and as shown on a reap filed in Book 65, Pages 31 through 36 of Records of Surreys in the OfEce of the County Recorder of said County; thence along said centerline South 78 °00'22" East, 515.70 feet and South 66 °42'20" East, 643.27 feet to the northerly prolongation of the lime 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 7044'51" 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 685.00 fee'; 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 stree.is shown or. said map of Tract No. 772; thence along said centerline of Fern Street South 35 051'00" West, 26.45 feet to e north- westerly prolongation of the northeasterly line of Lot 10 in l,'. ,ck 8 of said Tract No. 772; thence along said northwesterly prolongat,.)n, said nor.heasterly'ine of Lot 10 and the southeasterly prolongation thereof South 54 °0' '•:• East, 704.94 feet to the centerline of the 10 foot alley in said Blo =c 8; thence along said centerline of the 10 foot alley South 35 1 5i'G `:'vest, 20.00 feet to the southwesterly line of said Tract No. 772 a -c point in the centerline of the 10 foot alley in Block 8 of said Seashore Colon %, Tract: thence along said = enterline of the 10 foot alley in B.__.• ^ '_ South 35'47111" West, 120.00 feet to the north .,esterly pro :cnC o 'he northeasterly line of Lot 4 in Block 8 of said Sea- shore Coon. _ -::ct; thence along said northwesterly prolongation, said northeaste -i line and the southeasterly prolongation thereof EXHIBIT "B" - Page 1 BK 14020 P6 1 646 South 54 "09'00" 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 °47'30" Nest. 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 26 of said Miscellaneous Mans: thence along said northeasterly right -of -way line South 54 °02'30" East, 113.67 feet ;o. the northeasterly prolongation of the line dividing Lots 7 and 8 in Block G*of said Seashore Colo:-­ 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 55 °51'30" West, 1520.63 feet to the POINT OF BEGINNING. � i CONTAINING 21.333 Acres, more or less A: EXHIBIT "B" — Page 2 BK 1 4020 PU 1647 1, S f, rot zi= It i � iw,iiiYl✓ VR S� ..: V � : I 1 Y V •�'• 6 �a Q ~� r tS;ta � x p t I V l� �I z 21 z _ v C a L ai'L n x fm \? 4s 111 y °' _ tf� '" �l \\ `�� �� b•. r °� L� I .!' ��I L is LU a� n'rcr tnla;c^ W ° 7 O f-Ya p T 3 Sn1 �L - • 3. v W i I EXHIBIT "C" J BK 14020P® 1648 STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On .{y %/ , 19 1; before me, the under- signed, a Notary Public in and for said State personally ap- peared Irwin L. Greenberg and Sondra D. Greenbera, known to me to be the person(s) whose name(s) are subscribed to the within instrument, and acknowledged that tho•, exe- cuted the same. IN WITNESS WHEREOF, I have hereunto set my hand this day of�zx_,�.� , 19cf /. -GLUM; W+LLIAi%4 J. ! d/ Pu for NClARY PUBLIC Notary Notary Public in and in and for said `oC R SAN COPAL OFFICE .� IN SAN WI L COUNTY :F Count y and State r my Commission EXP. Nw. 15. 1962: 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 SEACH is hereby accepted by the undersigned officer or age.^.*_ on behalf of the City Council of such City pursuant to authority conferred by an adopted resolution by the City Councii ;sated Mpo" 11, 1g6g , and the Grantee consents to reccr'_ation thereof by its duly authorized officer or agent. _T.'• ITNESS,.XHZREOF, I have hereunto set my hand this 1 SUBSURFACE PASS- THROUGH EASEMENT (G), Page 5 19086 �X�G 1t CRECORDED A CITY OFNEWPORTBEACH 3300 Newport Boulevard Newport Beach, California 92663 City Clerk Deed EXEMPT No. MAIL TAX STATEMENTS T0: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 BK 13951 PG 73 JK /MM 12/8/80 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY. CALIFORNIA "3 ss p M. FEB 17 '81 LEE A BRANCH, County Flmrdw DOCUMENTARY TRANSFER TAX 5 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 d ^tarnining tax - Firm Name SUBSURFACE PASS- THROUGH EASEMENT FOR VALUABLE CONS I DEPAT ION, receipt of which is her ^_bv acknowledged, SHIRLEY BOADWAV, a widow hereby GRANT (S) and conveys to the CITY OF NEkTPORT BEACH, a municipal corporation, and its successors and assigns, a perpetual easo mint and right of way to drill, test, ccm- plete, equip, maintain, repair, clear, rndrill, deepmn, operate, produce, dismantle (rimove 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, vas 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 Aeach, 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 (G), Page 1 MAIL TAY. STATG6:, PITS AS DIRECTED ABOVE n 1 BK 1395 1 P6 74 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. i' 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 (G), Page 2 BK 13951 PG 75 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 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 (G), Page 3 T r BK 1 3951 PG 76 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 Su surface SS-Throw h Ease- / ment has been executed this L day of �, 198 l / Shirley Boadcy y / Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT! SUBSURFACE PASS- THROUGH EASEMENT (G), Page 4 l BK 1395 1 Po 77 PARCEL NO. G -50 LEGAL DESCRIPTION Lot 7 in Block "I" of Seashore Colony Tract, as per map recorded in Book 7, Page 25 of Miscellaneous Maps, in the office of the County Recorder of the County of Orange, State of California. EXHIBIT "A" r DESCRIPTION Oxbow Oil Production Condemnation All those certain lands situated in the City of tlewoort 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)as saidstreetis shown on a mao of the Seashore Colony Tract 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 Newport 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 350 57130" East 472.31 feet to the centerline 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 78 000122" 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 635.00 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.is shown on said map of Tract No. 772: thence along said centerline of Fern Street South 35 °51'00" West. 26.45 feet to the north- westerly prolongation of the northeasterly line of Lot 10 in Block 8 of said Tract No. 772. thence along said northwesterly prolongation. said norl:easterly'Line of Lot 10 and the southeasterly prolongation thereof South 54 °03100" East. 104.94 feet to the centerline of the 10 foot alley in said Block 8: thence along said centerline of the 10 foot alley South 35° 51'00" West. 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 Seashore Colony Tract: thence along said = Interline of the 10 foot alley in Block 8 South 35 047111" West. 120.00 feet to the northwesterly prolongation of the northeasterly line of Lot 4 in Block 8 of said Sea- shore Colony Tract. thence along said northwesterly prolongation. said northeasterly lire and the southeasterly prolongation thereof EXHIBIT "B" - Page 1 BK 13951 Ps 79 South 54 °09100" 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" Nest, 137. 17 feet to the northeasterly sight -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 26 of said Miscellaneous Maps; thence along said northeasterly right -of -way line South 54 °02130" East, 118.67 feet to.the northeasterly prolongation of the line dividing Lots 7 and 8 in Block Goof said Seashore Colony Tract; thence along said northeasterly prolongation, said dividing line and the southwesterly prolongation thereof South 35057130" 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. CONTAINING 21.383 .Acres, more or less EXHIBIT "B" - Page 2 �' o• 4 11 LiYl a ! v 1 s 4a 4 u s < ° = z yZ3 1 <$ a i b `.9' ULl 'za U 1 t Hnwne CD CO ilk k i' �• a i:� Imo•) 4n. �v i i X _ Oil W w ca ++ Im 3 s ,LL a mw L � V W W 2 ° s Z Am L LL Q.O O Wa mP W =T3 aiFni EXHIBIT "C" Ll STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) BK 13 9 5 1 PG 81 On S y; ' 4' 1945 before me, the under- signed, a Notary Public in and for said State personally ap- peared-Af° Shirlev Boadwav 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 r. a' day of .,,; 19A. Oi'WiAL SEAL / // = J�'':yy/ WILLIAM I- GLUM t y Pub 'i ti r. NOTAP,Y PUBLIC Notary .Public in and for said PRINCIPAL OFFICE Comity and State • IN SRI DIEGO COUNTY } My Commission Exp. Nov. 15.1992 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 'ayy 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 fZ day of - 2 ""Ao>t4l SUBSURFACE PASS - THROUGH EASEMENT (G), Page 5