HomeMy WebLinkAboutOil Subsurface Easements - West Newport Parcels G-51 to G-69•
SERVED
ORIGINAL RECORDED SUMMONS 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.
1/15/81
1/26/81
F-3
BIDGWAY, RICHARD L.
1/19/81
2/4/81
KY p
lot served
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 & WIF1
............
1/15/81
F-7
CITRANO, VINCENT J.
1/38/8
I ...... ...... ...
2/17/81
.. . —1 ..............
... .
... - .. ......
1/27/81
.......... ....
2/3/81
....
. ........ .
F-8
MAARSE, JACOB
1/15/81
1/22/81
2 /4/81
not served
1/26/81
........
...... ....... ...
..........
.. ... ...
........ . ....... ..
1/15/81
1/20/81
1/26/81
F-9
NEWSON, IRENE M.
. .......
.......
.............. .......
...
.. ......... . . ....... ..
........ ......
•
•
DATE ORIGINAL
PAECEL NEGOTIATIONS DErD IN
10241 E• NAME OCMMaqCEE) SIGNED RECORDED CITY - S FILE OUR FIA
F771MM—PlooroW. 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 10
BRAGG
F-14
BRAGG, MEDROD N.
1/15/81
F-15
WALKER, KENNAN W.
1/15/81
1/20/81
...... .. . ..
2/4/81
.......... ..........
....... ..
...... . .....
not
served
.......... ..... .......
1/29/81
..............
2/6/81
..... ....
F-16
JACOBY, WILLIAM H.
1/15/81
F-17
KOLL, DONALD M.
1/30/81
2/5/81
1/15/81
...... .....
-- ------------ ---
.. .... — ....
... .......
•
•
DATE ORIGINAL Rumpam
PARCEL N=IATIMS IlMn DEM IN COPY IN
ITT'Tffl�. NAME QatIENCED SIGNED FGMROED CITY'S FILE OUR F31E
SERVED
su"Ims EFFECTIVE
& COMPLAINT DATE
& Olp. DIP
a===w==
1/21/81
1/26/81
F-18
LINICK, HAROLD M.
1/15/81
1
us & Wife
F-19
BANNAN, BERNARD J.
1/15/81
1/22/81
2/4/81
not
'ZJneltj
lcoll
served
F-20
NORLUND, BRUCE L.
1/15/81
./19/81
2/4/81
not
served
not
. ........ . .
F-21
1/15/81
/21/81
2/4/81
served
TiFaN, ROGER & LINDA CO-
1-nistap-
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
.- ...... ......
...... .
....
.........
............. ....
1/23/81
......
...........
1/28/81
....... ....... -
.......
............ ... ........ -
F-24
WEST PROPERTIES
......
1/15/81
....... ..... ...
......
F-25
DANIEL, LA VEATA B.
1/15/81
. ...... ..... .
.....
1/19/81
......
1/26/81
.
.....
...............
•
•
F-im.00im
DATE ORIGINAL RE••••M
PARCEL NEGOTIATIONS DEED DEED DEED IN COPY
kTT4pMR NAME CU44aiCED SIGNED Fecomm crry, S FILE OUR F
BARME, MICHAEL
F
F-26
F-27
SCHUMANN, WILLIAM C.
1/15/81
/19/81
2/4/81
'2M.531
not
served
not
F-28
PERRY, ALLEN W.
1/15/81
1/21/81
2/4/81
served
1/15/81
L/26/81
F-29
KELLOGG, DALE
1/15/81
./26/81
F-30
KELLOGG, DALE
1/26/81
1/26/81
F-31
RUDLOFF, LORALYNN
1/15/81
1/21/81
F-32
GAYNER, WALKTER R.
1/15/81
.............
....... .... .. ..
—.- ............ .....
........ . ............
I
... .. .........
1/20/81
....... .. . ..
1/20/81
...............
1/26/81
...........
1/15/81
F-33
TANSKE, DORIS J.
... . .......
. ......
'Hus'&Wi'fe-
1/15/81
1/26/81
F-34
KESSLER, MARY M.
---- --- - ----
------------
1/21/81
•
E
DATE ORIGINAL RECORDED
PARCEL NEGCTIATICNS DEED IN COPY IN
NUMBER NAME �00V�5-Qm SIGNED RECORDED C-W - S FITE K)- FILE
SERVED
SUMMONS EFFECTIVE
& COMPLAINT DATE
& O] P• OIP
1/15/81
F-35
VOGT, KENNETH F.
1/23/81
2/4/81
not
served
F-36
DI CORPO, NELLO 0.
1/15/81
L/21/81
2/4/81
not
served
(CHELF)
CHEI , FREDERICK AND
HUS&W
F-37
NEWMAN, JOHN OMAR
1/15/81
1/21/81
1/26/81
F-38
PEGRAM, WANDA
1/15/81
1/22/61
1/26/8
------- — -----
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
F-42
RUMBELLOW, VICTOR G.
. . .... ........
1/21/81
--- ----- ----- 11 ....
...... ............. ..
...... --- ..... .
...... ...........
F-43
RUMBELLOW, VICTOR G.
1/21/81
---- ------
..._..-----__..__
4.__..._..---..._.._......_._
1/21/11
2/3/111
...........
.......
•
•
DATE ORIGINAL RECORDED
PA= NEXrWICKS DEED DEED IN con IN
11416r SwLwolimb G D RECORDED CITY'S FILE OUR FILE
SERVED
SLIMS EFFECTIVE
& COMPLAINT DATE
& OIR Oip
4 .; �, • � I as,
1/21/81
1/28/81
2/3/81
F-44
RUMBELLOW, VICTOR G.
1/28/81
2/3/81
F-45
RUMBELLOW, VICTOR G.
1/21/81
1/21/81
1/28/81
2/3/81
F-46
RUMBELLOW, VICTOR G.
1/28/81
2/3/81
F-47
RUMBELLOW, VICTOR G.
1/21/81
not
F-48
MORRISON, MEL
served
1/15/81
L/30/81
2/17/81
-not'
F-49
MORRISON, MEL
1/15/81
L/30/81
2/17/81
served
31WKI
F-50
MORRISON, MEL
1/15/81
L/31/81
2/17/81
-------- -
----- ---
not
served
---------- ------- ---
--------------
.. .... . ......
F-51
BROWN, VALERA G.
1/15/81
P-52
BROWN, VALERA G.
1/15/81
..
..........
SERVED
DATE ORIGINAL RECORDED SMMS EF?ECrIVE
PAFM N037MATIONS DEED DEED IN COPY IN 4, Ca4yLAINT DATE
NUABER NAME Ca4MCM . SIGNED RECORDED CITY'S FILE OUR FILE & 01 P. OIP ANSWERED DISMISSED
G-1 HUNT, JULIA 1/21/81
G-2 HUNT, JULIA 1/21/81
G-6
G-3
G-4
G-5
HUNT, JULIA
HUNT, JULIA
HUNT, JULIA
G-6
HUNT,JULIA
G-7
HUNT,JULIA
G-8
HUNT,JULIA
G-9
I HUNT,JULIA
/81
1/21/81
1/21/81
21/81
1/21/81
.... . ....... .... ........
1/21/81
1/21/81
iii
..•.zx
A18ER NAME
G -10 HUNT, JULIA
G -11 HUNT, JULIA
G -12. HUNT, JULIA
G -13 HUNT, JULIA
G -141 HUNT, JULIA
G -15 SIGNAL LANDMARK, INC.
G -151 WILLIAM, W.
G -16 SIGNAL .LANDMARK
G -16 ORMEROD, MELVILLE J.
SERVED
DATE ORIGINAL RECORDED SUMMONS EFFECTIVE
NEGOTIATIONS DEED DEED DEED IN COPY IN 6 COMPLAINT DATE
COMMENCED SIGNED RECORDED CITY'S FILE OUR FILE 6 03S OIP ANSWERED DISISSFD
1/21/81
1/21/81
1/21/81
1/21/81
1/21/81
•
•
•
PAPCEL
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 SMIT.NS EMMIVE
NEGOTIATIONS DEED DEED DEED IN COPY IN & COMPLAINT DATE
(YY.f.IIIj= SIGNED RECORDED CITY'S FILE CUR ME & OIP• OIP
PAPCII
NU4BER
G -23
G-24
G -24
G -25
G -25
G -26
G -27
G -28
G -29
NAME
SIGNAL LANDMARK, INC..
SIGNAL LANDMARK, INC.
BRADY, P.L.
SIGNAL LANDMARK
WILLIAMS., EVAN
DEMOND, ELAINE
MILLIGAN, ALAN L.
BORTHWICK, DONALD
GRAHAM, JAMES K.
SERVED
DATE ORIGINAL RECORDED SUKIONS EFFECTIVE
I4l=IATIQNS DEED DEED DEED IN COPY IN & COMR HINT DATE
C� SIGM RECORDED CITY'S FILE CUR FILE S 03P. OIP
DATE ORIGINAL REODRD2-5
PARCEL NEGOTIATIONS IN C= IN
XT�ummv gon-wowel SIFO—Pl ?MURIED C.47Y'S FILE OUR FIT-3
SERVED
SLPMS EFFECTIVE
& COMPLAINT DATE
& Olp Olp
G-30
BRADY, PHILIP L.
1/30/81
G-31
REYNOLDS, BERNIECE
1/30/81
MARY GRACE
G-32
PETERLIN,
1/30/81
2/9/81
2/17/81
•
G-33
BENSON, BEVERLY
/30/81
G-34
PATTISON, GWENDOLYN R.
1/30/81
2/10/81
2/16/81
G-35
EARLE, HOWARD J.
1/30/81
G-35
LAWRENCE POLLOCK MD INC.
1/30/81
PENSION AND PROFIT
.. . ........ .
....... .......
......... --------
-----
G-36
CITIZENS COMMERICAL TRUSI
1/30/81
& SAVINGS BANK OF PASADED
A
G-37
1/30/81
THOMAS, ROBERT M
...........
-------
........
DATE
PARCEL NEGOTIATICNS DEED DEED
mrvmEn NAME CrMEN= SIGNED RECORDED
SERVED
ORIGINAL RECORDED 5UNMS EFFECTIVE
DEED IN OOPY IN & comPLAINT DATE
CITY'S FILE OUR FILE & 03P, Olp
M-04lylpl
G-38
LOMMIS, STEPHEN C.
1/21/81
1/21/81
NOT
G-38
STEPHENS, LUCILLE
1/30/8.
2/17/81
SERVED
G-39
not
1/21/81
served
G-39
GRIFFITH, RUSSELL
2/3/81
2/17/81
G-40
GRIFFITH, RUSSELL
1/21/81
2/3/81
2/17/81
not
served
G-41
SORK, LAWRENCE J.
1/21/81
Rife
G-41
ELLER, RICHARD J.
1/21/81
- -----------
2/3/81
2/5/81
1/21/81
G-42
EAGER, A. EUGENE
...... ...
......... .....
...... .. ........ .
......
..... .
............
Hus&W
... .
.
G-42
SEMENIUK, WALKER S.
1/21/81
....... ... .
...... ...
1/26/81
.... .. .... ......
1/31/8:
...........
Wife
G-43
PETERSON, JAY T.
1/21/81
1/30/81
2/4/81
--- - -----------------
-------- ...
---
---- ---
. . .....
..............
DATE ORIGINAL RECORDED
PAFlCEL NEGOTIATIONS DEED IN COPY IN
X3416r. %•fw5V&-5• S I Eiva .4-50 1
SERVED
SUM"S EFFECTIVE
& COMPLAINT DATE
& Olp, OIP
ORT �IFDF
G-43
MOE, COURTNEY V.
SOLD TO
VANORDzN
VANORDEll
SOLD
ro SAAR
G-43
SAAR, JOHN
1/21/81
G-44
MANOOKIAN, DAVID
1/21/81
not
. ........ .
•
G-45
GILL, JEAN E.
1/21/81
1/26/81
2/4/81
served
----------
---
---- - ......... . .
........
G-46
THATCHER, LUCILLE E.
1/21/81
1/30/8
2,/17/81
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
....... ..... .
....
.....
...... ......
........... .....
.. I ......... . ............. .
G-50
BOADWAY, SHIRLEY
1/21/81
1/28/81
1/24/81
not
served
DATE ORIGINAL RECONt-I&
PAPM NEGOTIATIONS •FTn DEED DEED IN
KAE.73rl NAME siaM FOOORDED CMIS FILE CUR FILE
SERVED
SLUMS EFFECTIVE
& COMPLAINT DATE
& DIP. OIP
1/21/81
G-51
BENFATTI, ROSE
HUS&Wife
1/21/81
L/28/81
2/3/81
G-52
PAGE, ALEXANDER E.
1/21/81
G-52
BEDORo PRESTON C.
2/5/81
2/17/81
- ---------
•-
G-53
HOLMES, DALLAS S.
1/21/81
G-54
NEVIN, ROBERT B.
1/21/80
Hus &Wife
G-55,
DEXTER, EARL H.
1/21/80
1/30/8L
2/17/81
1/27/81
2/3/81
G-56
CRANE, ROBERT
1/21/80
........ ......
........... ........ .. -
................
.......
.... ...
...
. ... .. . ........
....... .
G-57
JOHNSON, DAVID H.
1/21/80
2/3/81
. ... ... I
2/8/8)
....... 1-1 ....
.............
G-57
WILSON, PETER A.
. ....... ... -- --------
SERVED
ORIGINAL RECORDED W• $ EFFECTIVE
DEED IN COPY IN & CaeLAINT DATE
CITY, S FILE CUR FILE & OIP OIP
G-58
MEMIROFF, ALLAN I.
1/21/81
1/27/8
2/4/81
not
served
Hus&Wife
G-59
SINDELAR, JOHN A.
1/21/81
1/30/81
2/5/81
lz)
1/28/81
2/17/81
not
G-60
MOORE, J. CLARK
1/21/81
served
— ----------
G-61
BRINTNALL, RUTH E.
1/21/81
1/26/8:
2/17/81
Vore -1/30
/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•
1/21/61
1/22/8
. ..
2/4/81
. ............ ....
....... .. ..... . .
cP
................. .....
not served
.. ......... --- --
----
G-64
KIMBROUGH, LAVERNE H.
1/21/81
... . ...... . 1. -
I ....
..
---- --- -
- -- -
-- ---
Hus &Wife
- " ---- --
- - - - -"
- - -- - -- - - *
G-65
REIF, I. MELVIN
1/23/81
1/21/81
/23/81
2/4/81
--------
---------------
DATE ORIGINAL RECORDED
PARCEL NEGOTIATIONS IN •• IN
libul f§tUyJ&5i' SlEk—l�#�—ffikGW01JED
SERVED
SUMMONS EFFECTIVE
& COMPLAINT DATE
& 07 P. Olp
G-66
L M S BEACH PROPERTIES
1/21/81
1/29/81
2/5/81
1/26/81
2/2/81
G-671
LANCIA, BENNY
1/21/81
Hus &W
G-68
BOYDSTON, ANNETTE
1/21/81
1/30/81
2/5/81
. .................
•
"'
1/29/81
2/4/81
G-69
ABU-HAYDAR, LAU RE
1/21/81
-/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.
�, r �• �:yl. •. is ra�r r ar • +a�. • r ar
SERVED
ORIGINAL. RECORDED 5WJCNS EFFECTIVE
DEED IN COPY IN & CCMPIAINT DATE
CITY'S FILE CUR FILE & O)P, OIP
• - r Yar
3I0�
G -75
SAURENMANN, MARGARET P.
1/25/81
2/9/81
2/17/81
G -76
GREITZER., STANLEY
1/26/81
G -77
SPEARS, HARVEY M.
1/26/81
G -78
MUNN5, CHARLES R.
1/26/8.1
2/10/81
/16/81
G -79
FAURIA, RAYMOND L.
1/26/81
4
G-79
SO$OLOFF, PETER
1/26/81
/4/81
2/17/81
not
served
-` - --
IQQ!
-
L.
1/26/81
G-80
FAURIA, RAYMOND
...__.._.._. .......
.
,. -
not
G-80
SOKOLOFF, PETER
1/26/81
served
/4/81
2/17/81
3(aJj
G -81.
FAURIA, RAYMOND L.
1/26/81
- -'---- --..:-----.:—
..-- -�_.
...__
....... - ---
------ .._ ............
.._..-----..-._....._..__._..___.--------------
i
rp-16091%,
m6wo 4 1 Dq 'I • = •D.•L• ) • • 061
SERVED
ORIGINAL RECORDED $ZM5 EM=IVE
DEED IN COPY IN & CaVIAINT DATE
CITY'S FILE CUR FILE & OIP OIP
0 FiT�g 0 1
not
G-81
SOKOLOFF, PETER
1/26/81
2/4/81
2/17/81
served
DI
G-82
WILSON, ANN M.
1/26/81
?/9/81
2/17/81
G-82
KANEKO, JOHN S.
1/26/81
2/10/61
2/17/81
1/26/81
-
---- ------
---
-----------
- — ------ . ........ .
G-82
GOODE, AIM
/9 /81
2/17/81
G-83
KANEKO, JOHN S.
1/26/81
2/10/81
2/17/81
'41
G-83
WILSON, ANN
2/10/81
2/17/81
-3)30j6j
1/26/81
G-83
GOODE, ALAN L.
A
1/26/81
.... . .. .....
........ ............
... ........ ..
...
............. ....
...
G-84
WILSON, ANN M.
1/26/81
-/9/81
2/17/81
VI..........
G-84
KANEKO, JOHN S.
1/26/81
2/10/8
2/17/81
------------
DATE ORIGINAL RECORDED
PARCEL NEGOmbsIONS DEED DEED DEED IN COPY IN
i'U'L lnlbrR 16"Jues'n llft-ff• CITY'S FILE CUR FILE
SERVED
SUtTJONS EFFECTIVE
& COMPLAINT DATE
& Olp. Olp
ffwr-7-s
1/26/81
G-84
GOODE, ALAN L.
Ilus
& 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
---------
1/26/81
G-89
McCALL, GEORGE W.
HUS&Wife
G-90
BERTOLINO, PIERRE
1/26/81
1/29/81
/10/81
2/17/81
. ......
........... . .
......
DATE
PARCEL NEGOTIATIONS
mMMER MAW CY1441k7ln
#IDNplle�& 9 VIA
1/26/81
G-91
STOMEL, PATRICIA A.
gg
1/30/81
2/5/81
G-92
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-84
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
31a711 f
G-96
RICHARDSON, EDWARD
1/26/81
/29/81
2/29/81
---- -------
.... ... -- -----
-- ------
3 �fs I
G-97
BRIETHAUPT, PAUL D.
1/26/81
L/29/81
2/17/81
L/28/81
... ..... ..
2/4/81
B-98
NUGENT, WILLIAM R.
1/26/81
L/28/81
2/17/81
Wife
.......
.......... .. ...
..... - -------- ----- ---
2/3/81
2/8/81
G-99
MAYS, ROBERT E.
1/26/81
2/10/81
2/17/81
14k
4-w-i 1 2 1
DATE ORIGMAL REOMM SLUMS EFFBCrIV.E
NEG=IATlaqS DEM DEED 3N COPY M & OWIADU DATE
al"F.T57J.un SM-1-DA, 13AILOMM CrrY'S FILE CUR rnE & 01 B UP
KIM ,�Fa a
nol
DATE ORIGINAL RECOPJ,M
PARCEL EG s nmi DEED DEED IN COPY Ili
17AVITI. •..NT, " *-5Fw SI,Fklni ,,or,rar W OUR r
yap =r,r
r r
i var r r 7,r
G -10
SETTLE, J.E.
G -11
BRYANT, KENNETH A.
G -11
HUNTA, WILLIAM C.
V G -11
SUBBIONDO, BLAISE
OWNED
BY CIUY
OF NEWP
RT BEACH
G -11
NEVIN, ROBERT
G -11
NEVIN, ROBERT
G -17;
G -11
NEVIN, ROBERT
NEVIN, ROBERT
G-117
NEVIN, ROBERT
DATE ORIGINAL RECCRDSD
NEWrIRTIQNS DEED nRED IN ODPY IN
6•17415',V• ) SIlFo-D], RIORDED CITY I S FILE OUR F ME
• mwr-Tv=40f
G-118
DEAN WALKER
G-119
O'CONNOR, PATRICK
G-120
HANSFORD, CLAIRE
•
G-121
ZARRINNEGAR, ALI
G-122
JENSEN, FRANK
G-123
JENSEN, FRANK
G-124
G-125
JENSEN, FRANK
TURNBOW, MAURICE
.. ..... ...... ...
...
. ...... ..........
.
G-126
TURNBOW, MAURICE
a
SERVED
DATE ORIGINAL RECORDED SLZkWS EMMIVE
�, NEWrIATIQNS DEED DEED DEED IN COPY IN & caanAiwr DATE
14BER NAME Oa4*NCED SIGNED RECORDED CITY'S FILE OUR FILE & 03P. OIP ANSWERED DISMISSED
...... . ..............
. ........
.... ......
....... ... .......
...... .
G-134
TURNBOW, MAURICE
G-13
G-12
TURNBOW, MAURICE
G-12
TURNBOW, MAURICE
G-129
TURNBOW, MAURICE
•
G -1.30
TURNBOW, MAURICE
G-131 TURNBOW, MAURICE
G-132 TURNBOW, MAURICE
G-133
TURNBOW, MAURICE.
------ - - - ---
...... . ..............
. ........
.... ......
....... ... .......
...... .
G-134
TURNBOW, MAURICE
G-13
TURNBOW, MAURICE
DATE ORIGINAL RECORDED
PAX EL WMIATIONS DEM DEED DEED IN COPY IN
IT m,ar Im br, allrom"wo, SIIFkTypl CITY IS FILE OUR FILE;
SERVED
SUMWNS EFFECTIVE
& CamPlAn?r DATE
& Olp. OIP
r 7 Mr, 714 54 ,
G-142
I
KAGNOFF, DAVID B .
SOLD T O T
%NDEM EQUITIES
WHICH
WOLD TO
MARINA
PARTMENTS,
BALBOA
APT.
AID
G
T APARTME1
TS
1/30/81
G-142
MARINA APARTMENTS
2/5/81
2/11/81
1/30/81
G-142
BALBOA APARTMENTS
2/5/81
2/11/81
G-142
GRANT APARTMENTS
1/30/81
2/5/81
2/11/81
G-143
KAGNOFF, DAVID G.
SOLD TO PROSPECT
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
0
mffim,
DATE ORIGINAL RECORDED
-SEGOTIATIONS IN COPY IN
ktM ray j SIGNED RECORDED CITY'S FILE *OUR F =
SERVED
$ZMS EFFECTIVE
& COMPLAINT DATE
& 03P. OIP
m�� r rye
1/30/81
G-13E
TURNBOW, MAURICE
G-13
KAGNOFF, DAVID B.
sold
o NEWPORT
APARTMENTS
1/30/81
2/5/81
2/11/81
G-137
NEWPORT APARTMENTS
. .. ...........
G-138
KAGNOFF, DAVID G.
sold to
SBASHOIE
APARTMESTS
G-136
SEASHORE APARTMENTS
1/30/81
2/5/81
2/11/81
G-139
NEPTUNE APARTMENT
1/30/81
. ...
..............
2/5/81
- -------
2/11/81
G-140
NEPTUNE APARTMENT
sold to
"-OASTAIARTMENTS
................
..... ...............
...... . .. ............
........... ..... .
2/5/81
..... .......
2/11/81
.
........ ....... ...
G-140
COAST APARTMENTS
......
1/30/81
G-141
KAGNOFF, DAVID G.
1/30/81
II
DATE
ORIGINAL.
FsmFux)
SERVED
SUKvlCN$ EFFBCrIVE
PARCEL NEGOTIATIONS DEID DEID
DEED IN
OWY IN
& CCWIAINT DATE
Mm7p NAME COMMENM SIGNED RECORDED
CITY'S FILE.
OUR FILE
& DIP DIP ANSWERED DISMISSED
G-14', HUNT,JULIA
G-14E HUNT, JULIA 1/21/81
G-141
HUNT, JULIA
1/21/81
G-15C
HUNT, JULIA
1/21/81
G-152
HUNT, JULIA
1/21/81
'� ... .... . .. .. .... ........... . -
... .... ... 0
+t�!b�- u.�4� ✓tS».: "'° r_ 1a .:����� `'S' ✓a. �.�'F�?�� u' _ _ - .ra-': •. ��. vF_:
WHEN RECORDED MAIL TO:
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California 92663
:— EXEMPT
Noo
°''d C7
MAIL TAX STATEMENTS TO:
CITY OF NEWPORT BEACH
3300 Newport Boulevar
Newport Beach, Cali4R
Ex eKp f peK 6v `k—
JK /MM 12/8/80
Parcel G- 51
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
-345 PM JAN 1 1'84
COUNTY
L, RECORDER
DOCUMENTARY TRANSFER TAX
.Computed on the con -
lia $,2,6.63 �v ideration or value of
NE4 KKK &E CH, `.p \roperty conveyed.
va<fr'
FEB ip t984s- Computed on the con -
��)��� sderation or value less
liens or encumbrances re-
`CfTYiK r�•fianing 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, ROSE BENFATTI', a widow as to an undivided one -half
interest and MARTIN P. GEVORKIAN and ANNETTE GEVORKIAN, husband
and wife as joint tenants as to an undivided one -half 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 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
MAIL TAY STATEMENTS AS DIRECTED ABOVE
84- 014831
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
84- 014831
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
84- 014831
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 17,0t_ day of December , 1983.
Social Security Number -Rose Benfatti Grantor
Rose Benfatti
Social Security Number martin P.. Gevorkian
Martin P. Gevorkian I Grantor
3-63 - ce Y -,-7 6/0>
Social Security Number ''�f���
Annette Gevorkian m&nette Gevorkian Grantor
State of
SS.
County of r_af Q n. Q .fie r
OFFICIAL: SEAL
NOT R PUBLIC LI HEACOCK
� NOTARY PUGUC - CAL:bORNIA
NOTARY COND FILCD IN
LOS ANGELES COUNTY
W COIRITIeilon Expires November 4 1984
Onthisthe)Z'dayof !�eCS -\-ar 19-E,be fore me,
the undersigned Notary Public, personally appeared
Rose- Y
W }0.i'l"/ Mirky ?. (jLv.(�
R�.w ekte G� k'.�.
W` ersonally known to me
! proved to me on the basis of satisfactory evidence
to be the person whose name(s) xv¢ subscribed to the
within instrument, and acknowledged that 'k Q'A� _executed it.
WITNESS my hand and Official seal.
's Signature
2a.
GENERAL ACKNOWLEDGMENT FORM 9 CALLFORNIA COLINI6311TLE COMPANY
�v'�•+c.Q =� = c�^�E ^+''��`""y"` :.. � �'.s �acva.�. -� - /�''�:_; :'S -,'p�� r �, y+.�at'-.�.w�3 -.�.
84- 014831
PARCEL No. F -51
LEGAL DESCRIPTION
Lot 8 in Block I of Seashore Colony Tract, as shown on a map
recorded in Book 7, Page 25 of Miscellaneous Maps, records of
Orange County, State of California.
EXHIBIT "A"
84- 014831
DESCRIPTION
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 fellows:
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
maD 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 57'30" East 472.31 feet to the
centerline of the Santa Ana River as described in Case No. 22797 of
the Suoc::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 Surveys in the Office of the County Recorder of said County;
thence along said centerline South 73'00122" East, 515.70 feet and
South 68042'20" 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° 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 54 009'00" Last, 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" 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 c enterline 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
r
84- 014831
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 °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 °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 51130" West, 1520. 68 feet to the POINT OF BEGINNING. },
CONTALNLNG 21.383 Acres, more or less
k
EXHIBIT "B" - Page 2
84-014831
J. yayry
19T,
rn
77 y.
7
'W`.
41 Li
t6
J7
ui
Z—
LL
ui.
EXHIBIT "C"
YAt
STATE OF CALIFORNIA
COUNTY OF Los
eles
84- 014831
I SS.
On December , 1983 before me, the undersigned, a Notary Public in and for
said State, personally appeared Rose Ben atti, Martin P. Gevorkian and
Annette Gevorkian
, personally known to me or
proved to me on the basis of satisfactory evidence to be
the persons. whose names_ arc, subscribed to the
within instrument and acknowledged that t ey Me-
cured the same.
WITNESS my hand and official seal.
Signature
(Tbisarea for official notarial stall
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 May i�, 1968 and the Grantee consents
to recordation thereo>_ by its duly authorized officer or
agent.
IN WITNESS WHEREOF, I have hereunto set my hand this
2F' day of December 19 83.
Qj�4 0Z cz�
ROBERT L. WYN
SUBSURFACE PASS— THROUGH EASEMENT (G), Page 5
a3- 4iaa2i
EXEMPT
_
WHEN RECORDED MAIL TO: C5
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California 92663
y iaerk j
D =Cd
No. `,1 i
MAIL TAX STATEMENTS TO:
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California 92663
#-73
.
.
JK /MM 12/8/80
Parcel G- -91
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
-402 Phi SEP 22 '83
LEE A. BRANCH. County Recorder
DOCUMENTARY TRANSFER TAX
. . .Computed on the con-
sideration or value of
property conveyed.
. . .Computed on the con-
sideration or value less
liens or encumbrances re-
maining at time of sale.
Signature of Declarant or
Agent determining tax - -
Firm Name
SUBSURFACE PASS - THROUGH EASEMENT
FOR VALUABLE CONSIDERATION, receipt of which is hereby
acknowledged, ROSE BENFATTI, a widow as to an undivided one -half
interest and MARTIN P. GERVORKIAN and ANNETTE GEVORKIAN, husband
and wife as joint tenants as to an undivided one -half 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 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.
i
J /6 -71
83- 418821
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
'S'� -71
83- 418821
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
1_=-
83- 418821 -D)�71
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 Z3fJ) day of 198a
:S
o e Ben atti Grantor
Martin P. Gervorkian
Grantor
WE
IF
tile
01000V M0'C"; WZ_ t k6l 1 0-,
ADDRESS OF GRANTOR TO
WHICH COMPENSATION
PAYMENTS ARE TO BE SENT:
—
ir 4�1:/
SUBSURFACE PASS- THROUGH EASEMENT (G), Page 4
J))o/
6-- x,18821
PARCEL No. F -51
LEGAL DESCRIPTION
Lot 8 in Block I of Seashore Colony Tract, as shown on a map
recorded in Book 7, Page 25 of Miscellaneous Maps, records of
Orange County, State of California.
EXHIBIT "A"
83- 418821 Dl/6 /
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:vesferly boundary line being the
southeasterly line of Summit Street, 30.00 feet in width, as shown on said
mar) of the Seashore Colony Tract, said point of beginning being a point in
the bourdary line of the land described in the parcel entitled "=HIBIT 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 3�° 57'30" East 472.31 feet to the
centerline of the Santa Ana River as described in Case No. 22791 of
the Supci-iorCourtof the State of California in and for the County of Orange
and as sho:-,n 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 °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° 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
nortkeasterly line of Lot 10 and the southeasterly prolongation thereof
South 54 009100 " 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" 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 :cnterline of the 10 foot
alley in Block B South 35 047'11" West, 120.00 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
no heastcriy fine and the southeasterly prolongation thereof
EXHIBIT 'B" - Page 1
Aky..
63- 418821. '1� /ZI/
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 Traci. thence
along said centerline and the southwesterly prolongation thereof
South 35047'30" 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 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 55 °51'30" West, 1520.68 feet to the POINT OF BEGINNING.
CONT_ -k=.qG 21.383 Acres. more or less
.y :.
EXHIBIT "B" - Page 2
lh �"
83- 418821
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EXHIBIT "C"
STATE OF CALIFORNIA
ss.
COUNTY OF 01UUVGE-
L0.s
83- 418821
On �ifIvs 19,fj, before me, the under-
signed, a Notary Public in and for said State personally ap-
peared Rose Benfatti, Martin P. Gervorkia n and Annette Gevorkian,
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 WITNES WHEREOF, I have hereunto set my hand this
2�r) day of v . , fA 19r.
OFFICIAL n
CK
DARRELL H. HEWOR"M %X�%k k�BLI C CALIFORNIA
NOTARY BONG fILEp IN Notary Public in and for said
Log ANOELFS COUrtrt County and State
0 iras NweM r 3, 1984
MY Commissron ExP
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 Ma�73. 796"8 , and the Grantee consents
to recordation thereof by its duly authorized officer or
agent.
IN WITNESS WH REOF, I have hereunto set my hand this
day of n
SUBSURFACE PASS- THROUGH EASEMENT (G), Page 5
Ogt 0y
WHEN
CITY
3300
83- 344038
EXEMPT
C10
RECORDED MAIL TO: 1 `lam; jj' ti
OF NEWPORT BEACH
Deed
ulevard; fin,, '.• ,
California 2fr�3..,
4� J� 7 19,93 ft
rITY F1�
MAIL TAX STATEMENTS TO:
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California 92663
JK /MM 12/8/80
Parcel G- 52
RECORDED IN OFFICIAL RECORDS
OF ORANGE CO',jNTY. CALIFORNIA
.boo PM AUG 9 '83
e,-j ie courory
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,
ALEXANDER. E. PAGE' and JO ANNE M. PAGE', 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
MAIL TAX STATEMENTS TO RETURN AODP'� A-n'.
�'�,�Kj''S"a`q.'K.- ,.�+'s�F rr�.. ,�.�.:: =j_'.}i:�e,C+.`5.... ,+"u:`? ?xi- iz.a."a:; :.3.. t•.*C:pa P t:L r#r ',+, a.:;, :'.`. -. .�F?' .:� -.,- �.,._�,.
83- 344038
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
8 3- 344038
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 past 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- THROUGB E1,SE.`7ENT (G) , Page 3
83- 3+4038
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 day of t G y 1983.
P.lexantier E. Page'
/, , WIC /
J nne :n. Page' Grantors
ADDRESS OF GRANTOR TO
WHICH COMPENSATION
PAYMENTS ARE TO BE SENT:
AIEI i3OCVF T"
n_y L�,_i•
SUBSURFACE PASS- THROUGH EASEMENT (G), Page 4
' 63- 3;4038
STATE OF CALIFORNIA
ss.
COUNTY OF ORANGE
G
On LL�4 c_)-_4 19 3 before me, the under-
signed, a Notary Public in and for said State personally ap-
peared Alexander E. Pace' and Jo Anne M... Page'
known to me to be the person(s) whose name(s) are subscribed
to the within instrument, and acknowledged that thy— exe-
cuted the same.
IN WITNESS WHEREOF, I have hereunto set my hand this
r,d day of LL IV 1993
OFI ICIaL SEAL �f �7
N `
CHR!STIrJ HARPER DAVI$
�I NOTAR" PUBLIC - C'LIFORNIA I/ 'tom
0° GcCO Illy Notary Public in arYd for said
L��-- �,/ com�. etp.res AP" 15, 13;5 j 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 Mav �3. raF and the Grantee consents
to recordation thereof by its duly authorized officer or
agent.
IN WITNE S WHEREOF, I have hereunto set my hand this
day of 19.3
SU UR c�- �R�S- iiPOL'GH EASEMENT ( G) , Page 5
83- ?44038
PARCEL NO. G -52
LEGAL DESCRIPTION
All of Lot 9, Block I of Seashore Colony Tract except the north-
westerly 45.00 feet measured along the northeasterly line of said
lot, as shown on a map recorded in Book 7, Page 25 of Miscellaneous
Maps, in the office of the county recorder of Orange County, State
of California.
EXHIBIT "A"
63- 344038
DESC:2IPTION
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 ":
Beginn`ng 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 nor-thwesterly 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 o: the Seashore Colony Tract, said point of beginning being a point in
the boundary line of the land described in the parcel entitled "E. -,=EIT A
TO SUBSURFACE EASEMENT" recorded in Book 2824, Page 391 of
O:Sicial Records of said County; thence along said last mentioned boundary
line through the follo%ving courses: along said north,,vesterly boundary
line of the City of Newport Beach North 11505T3011 East 472.31 fee: to the
ceaterl ne of the Santa Ana River as described in Case No. 22797 of
the Su=6. or Court of the State of California in and for the County of Orange
and as shown on a rnap filed in Book 65, Pages 31 through 36 of Records
of Sur -,eys 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 143.87 ;eet 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 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 shovin 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 3 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 nor hwesterly
prolongation of She northeasterly line of Lot 4 in Block 8 of said Sea -
shore Colony Tract: thence -.long said nor- thwesterly prolongation, said
northeasterly lire and the southeasterly prolongation :hereof
EXHIBIT "B" - Page 1
83- 344038
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 °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
C 0 NZ TA LN E\TG 21.383 Acres, more or less
EXHIBIT "B" - Page 2
83- 344038
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ORO\E° aI
vEQV` WHEN RECORDED MAIL TO:
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California 92653
` City Clerk
I Deed
N
o.
MAIL TAX STATEMENTS TO:
0
BK 1 395 1 PG
JK /MM 12/8/80 s
Pair 2i G" 52
i:ECOpDED IN OFFICIAL RECORDS
OF Ci,44(;ECOUNTY. •'ALIFORNIA
P.M. FEB 17'81
MCI 12 LEE A. BRANCH, County Recorder
DOCUMENTARY TRANSFER TAX
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California 92663
.Computed on the con-
sideration or value of
property conveyed.
.Computed on the con-
sideration or value less
liens or encumbrances re-
maining at time of sale.
Signature of Declarant or
Agent determining tax - -
Firm Name
SUBSURFACE PASS - THROUGH EASEMENT
FOR VALUABLE CONSIDERATION, receipt of which is hereby
acknowledged, r
PRESTON C. BEDOR _AND- DOROTHY- BEB@R, husban
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
MA'I. TAX FT,:. .I ENTS AS DIRECTED ABOVE
64
f
i !
BK 13951 PG 65
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,n as the square footage of Grantor's real prop -
erty, as described in Exhibit "An, 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
• 6
BK 1 3951 Ps 66
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 ($19.00), 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
I
L.
• . I
BK 1 3951 PG 67
ant to California Code of Civil Procedure Sections 1036,
1263.410, 1263.420, 1268.610, 1268.620 and 1268.710. Gran-
tor also agrees and consents to the dismissal of any emi-
nent domain action in the Superior Court wherein Grantor's
real property is included.
Grantor further understands the purpose for which this
Grant is being made and Grantor, for itself, its successors
and assigns, hereby waives any claim for and all damage to
such Grantor =s property or remaining property contiguous to
the Grantor's real property interests hereby conveyed for
the purposes described herein.
This Subsurface Pass- Through Easement and each and all
of its provisions shall be binding upon and inure to the
benefit of the heirs, executors, administrators, successors
and assigns of the respective parties hereto.
IN WITNESS WHEREOF, this Subsurface PAss- Through Ease-
ment has been executed this =day of 1981.
i
F1iE•S'i'O1�L'�SEDi7f��
DOROTHY BED OR
Grantor
ADDRESS OF GRANTOR TO
WHICH COMPENSATION
PAYMENTS ARE TO BE SENT:
SUBSURFACE PASS- THROUGH EASEMENT (G), Page 4
PARCEL NO'. G -52
LEGAL DESCRIPTION
BK 1 3 9 5 1 PG
The northwesterly 45 feet (Measured on the northeasterly line
thereof) of Lot 9, 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 in the County of Orange, State
of California.
EXHIBIT "A"
.:
arc 1 395 1 PG 69
DESCRIPTION
Oxbow Oil Production Condemnation
All those certain lands situated in the City of Newoort Beach.
County of Orange. State of California. more particular described
as follows:
PARCEL "G":
Beginnfne 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
mao 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 SupeehorCourtof 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
di•.,iding 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 sho-an 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 400100" East, 10:4.94 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 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
BK 1395 1 Pc 70
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 °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
CONTAINING 21 -.383 Acres, more or less
h:
EXHIBIT "B" - Page 2
1 5
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EXHIBIT "C"
III
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE,
On
signed,
peared
BK 13951" 72
_ , 19-/, before me, the under -
a Notary Public in and for said State personally ap-
PRESTON C. BEDOR - AND--HOROTiff- BE99R-
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. 77 (v
IN WITNESS WHEREOF, I have hereunto set my hand this
day of - 19", .
ROBERT B. HOFFMAN
Not Paolic - Cplitornio
m PRINCIPAL OFFICE IN
�'- Los ANGELES COUNT,,
fm.*C."i% ion Expires Mo'i 20, 1983
� /`• %
Notary Public in and' r said
County and
Stat
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
(Z day of 199/.
r� r
SUBSURFACE PASS- THROUGH EASEMENT (G), Page 5
P
2677
WHEN RECORDED MAIL TO:
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California 92663
CtY Clerk
Deed
Na. 7
MAIL TAX STATEMENTS TO:
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California 92663
BK 14168PG 406
l�Ci(
JK /MM 12/8/80
Parcel G- 53
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
-ll 45 AM 4% 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,
DALLAS SCOTT HOLMES AND PATRICIA McMICHAEL HOLMES,
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
r ,.
BK 14168PS 407
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 14 1 SSpG 40
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
0
BK 1416 €Po 409
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 112)K day of , 198/.
PATRICIA McMICHAEL HOLMES
cantor
ADDRESS OF GRANTOR TO
WHICH COMPENSATION
PAYMENTS ARE TO BE SENT:
SUBSURFACE PASS - THROUGH EASEMENT (G), Page 4
•
PARCEL NO. G -53
LEGAL DESCRIPTION
•
BK 14 16 8 PG 4 J 0
Parcel 1: Lot 1 in Block "J" of Seashore Colony Tract, as
shown on a Map thereof recorded in Book 7, page 25 of Miscellaneous
Maps, records of said Orange County, State of California.
EXCEPTING the Northeasterly 15 feet as granted to the City of
Newport Beach, by deed retarded January 6, 1932, in Book 528,
page 233, Official Records.
Parcel 2: The Northeasterly 15 feet of that portion of Ocean
Avenue adjoining Lot 1 in Block "J" of said Seashore Colony
Tract, abandoned January 4, 1932, by Resolution of the City
Council of the City of Newport Beach, a certified copy of which
resolution was recorded January 5, 1932, in Book 530, Page 54,
Official Records.
EXHIBIT "A"
•
BK 141 6 6 PG 4 1 1
DESCRIPTION
Oxbota Oil Production Condemnation
All those certain lands situated in the City of Vewoort 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 nor-thwesi. 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 E,Yi,IBIT 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. 22791 of
the Supe:orCour: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 °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 thercof South 7 °44'51" West 148.87 feet to a point on a curve
in the centerlinc 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
ccnterline 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
northeastcrly line of Lot 10 and the southeasterly prolongation thereof
South 54 009'00" Last, 104.94 feet to the centerline of the 10 toot allcy
in said Block 8: thence along said centerline of the 10 toot allcy
South 35 °51'00" Wcst. 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 Tracts 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 northcasterly 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 the rcof
EXHIBIT "B" - Page 1
•
BK 14 16 8 Pe 4 12
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 °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 BEGINi\TILNG. I,
CONTAINLVG 21.383 Acres, more or less
y..
EXHIBIT "B" - Page 2
BK 1 41 6 8 Ps 4 13
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EXHIBIT "C"
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BK 14 16 8 Pu 4 1 4
STATE OF CALIFORNIA )
AlviaRalpi ) ss.
COUNTY OF GRANGE- )
On
/l�x_� /7
19 V, before
me, the under-
signed,
a q6tary Public in and
for said State
personally ap-
peared
DALLAS SCOTT HOLMES AND
PATRICIA MCMICHAEL HOLMES
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.
17
IN WITNESS
WHEREOF,
�_
I have hereunto set my hand this
19V.
day of
/�
OFFICIAL SEA6 Notary Public in and for said
".,• TOSiiIKO KENO County and State
?� NOTARY PU6LIC GILIFCRNV4
PRI�IGIPAL OFFICE IN
RIVERSIDE COUNTY
MY cdnmiss m Fxplres July �, 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 May 13, 1968 , and the Grantee consents
to recordation thereof by its duly authorized officer or
agent.
IN WITNE��S WHEREOF, I ave hereunto set my hand this
day of /J" 19
—T /1
SUBSURFACE PASS - THROUGH EASEMENT (G), Page 5
WHEN RECORDED MAIL TO: 18899
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California 92663
= ' Clel 1 EXEMPT, C 2
MAIL TAX STATEMENTS TO:
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California 92663
3
MPS �w
I
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALGORNIA
5
Min. t 3 P M FEB 17. 1991
LEE A. EIRANCH; Couhiq 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.
J /
� Signature of Declarant or
Agent determining tax - -
Firm Name
SUBSURFACE PASS - THROUGH EASEMENT
A. WHEREAS, SOUTHERN PACIFIC TRANSPORTATION COMPANY,
a Delaware corporation, hereinafter referred to as grantor
herein, conveyed its fee simple interest in the real proper-
ty described in Exhibit "A" attached hereto, and by this
reference made a part hereof as though set forth at length,
to the State of California, Department of Transportation, by
means of a final order of condemnation, dated July 5, 1963,
recorded in Book 6620, Page 419 of the Official Records of
Orange County, California, reserving to itself the following
rights:
"The right to all oil, oil rights, min-
erals, mineral rights, natural gas,
natural gas rights, and other hydrocar-
bons by whatsoever name known that may
be below the upper 100 feet of the sub-
SUBSURFACE PASS - THROUGH EASEMENT, Page 1
"s
surface of the parcel of land herein-
above described, together with the per-
petual right of drilling, mining, ex-
ploring and operating therefor and re-
moving the same from said land or any
other land, including the right to whip -
stock or directionally drill and mine
from lands other than those hereinabove
described, oil or gas wells, tunnels and
shafts into, through or across the sub -
surface of the land hereinabove de-
scribed, and to bottom such whipstocked
or directionally drilled wells, tunnels
and shafts under and beneath or beyond
the exterior limits thereof, and to re-
drill, retunnel, equip, maintain, re-
pair, deepen and operate any such wells
or mines, without, however, the right to
drill, mine, explore and operate through
the surface of said upper 100 feet of
the subsurface of the land hereinabove
described or otherwise in such manner as
to endanger the safety of any highway
that may be constructed on said lands;"
and
WHEREAS, THE State of California, Department of Trans-
portation, has assigned all of its rights in such real prop-
erty to the City of Newport Beach, a municipal corporation,
hereinafter referred to as Grantee herein, by instrument
dated May 30, 1980, recorded in Book 13661, Page 582, of the
Official Records of Orange county, California; and
WHEREAS, Grantor desires, for valuable consideration,
to grant nonexclusive easements and rights of way for slant -
well drilling to Grantee within the areas wherever Grantor
reserved the right to control slant -well drilling as de-
scribed in the above mentioned conveyance to the State of
California Department of Transportation.
NOW, THEREFORE, FOR THE SUM OF ONE THOUSAND DOLLARS
($1,000.00), the receipt of which is hereby acknowledged,
and other valuable consideration, s set forth herein,
SOUTHERN PACIFIC TRANSPORTATION COMPANY,
a Delaware corporation (Grantor herein),
hereby GRANTS and conveys to the C' of Newport Beach, a
municipal corporation (Grantee herd.f,), and its successors
SUBSURFACE PASS- THROUGH EASEMENT, Page 2
and assigns, a nonexclusive easement and right of way to
drill, test, complete, equip, maintain, repair, clear, re-
drill, deepen, operate, produce, dismantle (remove casing
and other equipment from), plug and abandon through the
subsurface of that certain real property hereinafter de-
scribed 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 hydrocarbon substances; the easement and
right of way granted herein shall lie under those certain
parcels of real property described as Parcels SP -1 and SP -2,
situated in the City of Newport Beach, County of Orange,
State of California, and more particularly described in Ex-
hibit "A" to this Deed. A plat showing the area affected by
such easement is attached hereto as Exhibit "B."
The rights granted herein to Grantee are for the pur-
pose of drilling for, producing, extracting, taking and re-
moving oil, gas and other hydrocarbon substances by means of
slant holes or wells drilled through and beneath the lands
described in Exhibit "A" into any adjacent lands and also
into tide waters beneath the Pacific Ocean and connecting
waters; provided, however, that the provisions of this in-
strument shall not entitle the Grantee, in any of its opera-
tions hereunder, to use any part of the Grantor's real prop-
erty between the surface 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. In this regard, this grant is made on condition
that, and Grantor hereby reserves for itself, the right and
the right to permit others, to drill through Grantor's real
property; provided, however, that neither the rights set
forth above in this paragraph nor any operations carried on
thereunder shall interfere with the right of Grantee to
drill, test, complete, equip, maintain, repair, clear, re-
drill, deepen, operate, produce, dismantle (remove casing
and other equipment from), plug and abandon under and
through the subsurface of Grantor's real property a well or
wells which may be or are bottomed outside of the boundaries
described in Exhibit "A" hereto.
This grant is further made on the condition that Gran
tee, in its drill ing. and production operations, shall use
and install materials of good quality and condition, dili-
gently pursue maximum oil production to the extent permitted
by law, and all wells shall be drilled and maintained by
Grantee in the best workmanlike manner and in accordance
SUBSURFACE PASS- THROUGH EASEMENT, Page 3
r
BK C�5ePG 1763
with good oil field practice, and all water sands encoun-
tered therein shall be, effectively 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 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
Grantee shall protect, indemnify, and hold Grantor harm-
less from and against any and all claims for loss, damage
and injury to others and shall pay any loss, damage, in-
jury or expense which Grantor may suffer or incur, arising
out of or in any way connected with the existence or opera-
tion of any wells drilled by.Grantee, or any operation or
activity of Grantee on or in connection with any of such
wells, or any contact, collision or other interference by
any well drilled and /or operated by Grantee with any other
well, whether of Grantor or others, in, on, or which crosses
the lands described in Exhibit "A" attached hereto, or any
contact, collision, or other interference by any such other
well with any well drilled and /or operated by Grantee, un-
less due solely to the active negligence of Grantor; pro-
vided, however, that if Grantor grants the right to another
Grantee to drill a well beneath the lands under which Gran-
tee's rights herein lie, and such well collides with, con-
tacts or interferes with existing wells of Grantee herein,
that nothing herein provided is intended to prevent Grantee
herein from recovering any damages.it might suffer by reason
of such collision, contact, or interference.
If, as and when any of Grantee's slant drilled wells
are abandoned, Grantee shall promptly abandon the same in
accordance with the regulations of the State of California
Department of Natural Resources, Division. of Oil and Gas,
and, in addition thereto, shall promptly and effectively
plug the wells with cement, in a good and workmanlike man-
ner, and take such reasonable precautionary and protective
measures with reference thereto as may be necessary to pre-
vent injury or danger to Grantor's property. Grantee, with
reference to its operations and all wells 1,. - under, shall
comply with all laws' of the State of California and the
County of Orange and all rules and regulations of any agency
of the State of California and the County of Orange having
jurisdiction therein, and all laws of the P,�ited States of
America, and all rules and regulations of a,; agency of the
SUBSURFACE PASS- THROUGH EASEMENT, Page 4
JY ...wif.. Zvi .:........ .:.'r.
• •
BK,13950P-u 1764.
United States of America having jurisdiction therein, relat-
ing to the drilling, maintenance and operation of oil and
gas wells and the production of oil and gas therefrom.
This grant is further made on the condition that Gran-
tor at all reasonable times shall be entitled to inspect all
operations and records pertaining thereto of Grantee hereun-
der and shall have the right of access to all wells hereaf-
ter drilled or operated by Grantee hereunder. Prior to the
commencement of operations upon any well, Grantee will fur-
nish Grantor with a statement specifying each such well by
number and location of well site and trajectory. Grantee
shall, on written request of Grantor, furnish copies of
logs, records of well cores, electrical logs and surveys,
and water entrance surveys, plans and surveys showing loca-
tions and courses with respect to each and every well
drilled hereafter by Grantee hereunder.
Grantor further makes this grant on condition that
Grantee, as compensation for the easement and right of way
granted hereunder, shall pay to Grantor from the production
of all oil, gas and hydrocarbon substances produced, saved
and sold by means of any and all oil wells drilled and /or
operated by Grantee under and through the lands described in
Exhibit "A" hereto and bottomed beyond the outer boundaries
described in Exhibit "A," the sum representing the market
value of two percent (2%) of all oil, gas, and other hydro -
carbon substances produced, saved and sold by Grantee; pro-
vided, however, that Grantor shall not be entitled to any
compensation based upon oil lost through evaporation, leak-
age, or otherwise, or upon gas used, consumed or lost in
extraction of gasoline, or upon any oil or gas used in con-
nection with any well drilled or operated hereunder, or upon
any gas which is used for repressuring any oil bearing for-
mation 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 compensa-
tion hereunder the Grantor's proportionate share of any min-
eral rights, severance, production or other similar tax
.,hich may be levied against or in connection with the pro-
. ction 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
`reatment any unmerchantable oil upon the basis of which
ampensation is paid hereunder. For the purpose of this
SUBSURFACE PASS- THROUGH EASEMENT, Page 5
0
0
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 may commingle oil or gas produced under
this Subsurface Pass- Through Easement with other oil or gas
if the quantities of oil or gas produced under this Subsur-
face Pass - Through Easement are metered.
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 each
month with respect to all compensation which accrued during
the preceding calendar month. Each payment hereunder shall
be accompanied by a statement of production containing the
information required as of the effective date of this in-
strument by the State of California Department of Natural
Resources, Division of Oil and Gas. No change in the owner-
ship 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 succes-
sors and assigns have been furnished with written evidence
thereof reasonably satisfactory to Grantee.
Grantor hereby agrees that should it be determined that
Grantor does not own the rights granted herein, Grantee's
obligation to pay the consideration provided for hereunder
shall terminate, and Grantee shall be entitled to recover
the amounts of compensation previously paid to Grantor.
Furthermore, if it should be determined that Grantor owns
less than all of the rights to provide the easement right
and right of way conveyed herein, Grantee shall be entitled
to accept such rights as are granted herein by Grantor, and
prorate the compensation accruing to Grantor accordingly.
This Subsurface Pass - Through Easement shall be and be-
come effective from and after the date that Grantor executes
the same, or January 26 , 1981, whichever is later, and shall
continue for a term of 50 years.
Should Grantee, its successors and assigns, at any time
abandon one or more slant holes or wells under this Sut. ,-
face Pass- Through Easement, or fail to use the same at any
time for the purposes contemplated herein, for a continuous
period of one year, the rights granted herein shall cease to
the extent of the use so abandoned and Grantor shall at once
have the right, in addition to but not in qualification ,
the rights otherwise reserved herein, to resume exeL._ ive
SUBSURFACE PASS- THROUGH EASEMENT, Page 6
Q
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•
C]
possession of Grantor's real property or the parts thereof
the use of which is so abandoned; provided, however, that
Grantor shall not invoke the rights provided in this para-
graph to the extent that litigation delays the commencement
of oil production activities hereunder by Grantee.
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.
Grantor hereby agrees to make no claims in eminent do-
main against Grantee relating to Grantor's real property,
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 Cali-
fornia 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 described land 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, administrators, successors
and assigns of the respective parties hereto.
IN WITNESS WHEREOF, this Subsurface Pass- Through Ease-
ment has been executed this 26th day of January , 1981.
Address of Grantor to
which compensation pay-
ments are to be sent.
SOUTHERN PACIFIC TRANSPOR-
TATION COMPANY
Southern Pacific Building
One Market Plaza - Room 200
San Francisco. CA 94105
SOUTHERN PACIFIC TRANSPORTATION
COMPANY, a Delaw re corpo ation
By
ASS ANT 6EN AE .'.'I:L "_ ., 1!4TURAL , 6QUWS
By_
SUBSURFACE PASS- THROUGH EASEMENT, Page 7
e
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STATE OF CALIFORNIA
ss.
COUNTY OF -qN l-RVe rsPE )
W
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On �✓,F,JQA414?/, /9d/ before me, the undersigned, a 1
Notary Public in and for said State, personally appeared W
,q. .j_;,?,; -,a , known to me to be the / r r,v. } /F,c., n/,rr. Ai�U oees C0
known to me to be the (31
of the Corporation that executed the within Instrument, C:)
known to me to be the persons who executed the within In- -a
strument on behalf of the Corporation therein named, and c)
acknowledged to me that such Corporation executed the within
Instrument pursuant to its by -laws or a resolution of its V
board of directors. Cn
WITNESS my hand and official seal.
:j A MES W. WATT \J(/ i NOTARY PUa IC •CALIFO/ .� 4) �y •. PRINCIPAL PIACE OF RUSINEBC1YM FRAC ISCO F Notary Public
My Commission E,vlres lone 20, 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 %; •-3 / y , and the Grantee consents
to recordation thereof by its duly authorized officer or
agent.
IN WITNESS WHEREOF, I have hereunto set my hand this
day of , 19_.
l � _
SUBSURFACE PASS- THROUGH EASEMENT, Page 8
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DES C RI PT N IO (D
ACES" NE %7PORT SOL I. PACIFIC I IC RIGHT- OF -W_4I C31
-o
Trai.'portion of Tract No. 4 =Q0 in the City of Newport Beach, Co *�r:t: of
Or= e, State of California, as shop: :n on a map riled in Book 162, Pates V
20 ¢ reugti 26 of i,Iiscellar.eous Maps, in the Of'ice of the Counts Record_er 07
of said Oran. e Count', described as folio .:3
(p
Ee- ;nn:n-Z at te intersection of the centerline of Ocean Front (formerly
Ocean AVen.9e) as said st:'°_ei is shov.n on a reap of the Seashore Colon`:
Tract recorded in Eoob: 7, Page 25 of Miscellaneous Maps in the Office
of t*--- Coun::' Recorder of said County with the northwesterly boundary
li::e of :':e C:t? of Newport Beach, said northwesterly boundary line being
the sou : e3s1e -1_•: lire of Surnmit Street, 30.00 feet in width, as sho "sn on
said ma-) of t? 'e Seashore Colony Tract, said point of beginning being a
point in the boundar•: line of the land described in the parcel entitled
It E:CHIEIT A TO SUBSURFACE EASEMENT" recorded in Book 2834,
Page 391 of Official Records of said Countv; thence along said last men -
tioced bcunda -y lire North 35 =57'30" East 214.31 feet to the most westerly
corner of said Tract No. 4400, said cor r.er being the TRUE POINT OF
BEGIN IXG: thence continuing along said northwesterly boundary line
Nora 35'57'30" East 110.00 feet to the most northerly corner of said
Tract No. 4400: thence.along the northeasterly line of said Tract No. 4400
South 54'02'30" East 1519.92 feet to the northeasterly prolongation of the
line di•:i.:ing Lots 7 and 8 in Block G of said Seashore Colony Tract;
thence along said prolongation South 35= 57'30" Wcst 100.00 feet to a point
in the so :;es:crly line of said Tract No. 4400: thence along said south -
wes:cr!•. line the follo::ing courses: North 5410211.0" West 140.00 feet;
thence South 35'57'30" Wcst 10.00 feet; thence North 54 002'30" West
1379.92 foot :o the TP�U POINT OF BEGIN \Z \G.
CONT;ilN1\G: 3.80E Acres. more or less.
DESCRIPTION
NVEST NEWPORT SOU'tctii., IC RIGHT -OF -WAY SI_ Yr
_ \11:.:'- 1 - D. e. -1.
All that certain lard situated in the Ci:y of Newport Beach. County of
Orange, State of California. more particularly described as follows:
Be at the ictersect.on of the northeasterly prolongation of the
centerline of 61st Street. 30 feet in width. as shown on a mao of the
"Ocean Frcnt Tract. Ne•.rport Beach" recorded in Book 4. Page 12 of
Miscellaneous Moos in the O`cice of the County Recorder of said Count
t-=it^ the nor7`ie2sterl-= boundary lire of said "Ocean Front Tract ", said
point of be nniag being a point in the boundary lire of the land described
in the parcel e.^.t'.; :ed "E: IEIT II TO SUBSLRFaCE EASE ?; ?E \T"
recorded in Book Z527, Page 36 of Off_cial Records of said County- thence
along said last - nea :io.ned boundary line tiorth 35 *07135" East 20.01 fee *.
to a poi::: in the sout':-._esterly line of Tract No. 4.00 as shown on a map
filed in Bcok 162. Pages 20 through Z6 of Miscellaneous flans in the Office
o; said Cour. Recorder, said point being the TRUE POINT OF BEGIN -
NING. thence continuing along said boundary lire North 35 °07133" Easc
100. 04 fee: to :Ice noriheasterly line of saia Tract No. .4400; thence along
said nor :aeasterly line South 56'30115" East 431.58 feet to an angle poir_t
in Lhe souther ?y right- of -wav line of State High:vas- 101 -P_ as shown on said
Traci No. _400; thence along said southerly right :of -way line the following
courses: South 79 °31 135" East 76.71 feet to a point in a non - tangent curve
concave no- :tier!-: and -having a radius of 1050. 00 feet. a radial line of said
cur- =e from said point bears ;orth 1701111" East; thence easterly along
said cu:,-:e 121.94 feet through a central angle of 10 °Z8IZ6 ": thence tangent
from said curve South 83 017,15" East 65.09 feet to a point in that certain
course shot--n as "North 60 °26'28" West 576.2-1 feet" and entitled "North
Line of Mean High Tide. recorded September 19. 1928. Book Z01 -253.
O. R.. Ora. Co. Sup. Court Case No. Z3686" on a map filed in Book Z7.
Page 47 of P.ecords of Surveys in the Office of said County- Recorder.
thence a'ons said course South 600-18,23" East 44Z. Z3 feet: thence
South 11 000 "3" West Z'31.75 feet to a point in the southwesterly- lire of
Tract No. 3313 as shown on a map filed in Bool: 1GZ. Pages 11 through 19
of Mi:�ccllin.cuus \yaps in the Office of said County Recorder. thence along
said Sou :!r ::,.sterl'; line and aloao the south :, ;esterly - line of said Tract No.
4400 tNor:h 56- 10'15" West 1Z90.37 feet to the TRUE POINT OF
CO:.',I::I "G. ;.9.',-6 t1 c:. -s. more or less
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EXHIBIT ' 5' _ SKETCH
TO ACCOMPANY LE :GL OESCRI %ION
WEST WEWPORT _rO THERN 1 /�[!f( Illiam InSf l- Di550C1�ff5
PACIFIC RIGHT -OP- WAY / a rm 0 E-
SLAWT WELL. AGREEMEWT
S.P. -I j
CONTAINING 4.934 ACRES *_
LATE SCFEE FIELD W.O DDB -wD
DEC EMDER 4,1980 1'2001 20552
i
EXHIBIT 'E5' — SKETCH
TO ACCOMPANY LEGAL DESCRIPTION
WEST NEWPORT SOLrrWE12PJ
PACIFIC RIGHT-OF-WAY
5LAMT WELL AGRCEMEktr
S. P -2
CONTAINING 3.806 ACRES
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j pr-V 9t�j,cBchj.cWVliamcFzbv 6&- c-;I&sx;ciates
'CALL I "ELO
DECEM&ER 4. 1580 '.200,
10.1.
20557-
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'CALL I "ELO
DECEM&ER 4. 1580 '.200,
10.1.
20557-
Y
.�I
REQUESTED M1 le k14
WHEN RECORDED MAIL TO:
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California
City Clerii �'!�
Dzed
+a
ExemF
84- 071811 Jparcel2G$ 540
EXEMPT
C8
92663
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
-1125 AM FEB 21 '84
Q y/� COUNTY
_
7 - '•K� / FECOROER
uhclar Gov. &a(2- SeC. (oln3
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.
0 Computed on the con-
Ty OP side ration or value less
NEWPORT BEACH, liens or encumbrances re
5 CA11F• ,g maining at time of sale.
MAR 2 11984 ._
CITY CLEW
Signature of Declarant or
Agent determining tax - -
�� _ Firm Name
SUBSURFACE PASS - THROUGH EASEMENT
FOR VALUABLE CONSIDERATION, receipt of which is hereby
acknowledged,
ROBERT B. NEVIN (BY JOHN J. KROH, Trustee for ROBERT B. NEVIN)
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
L
84- 071811
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 (3.2758) 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
;. ... _.a
Ah
84- 071811
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 %ny 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
e
84- 071811
i
ant to California Code of Civil Procedure Sections 1036,
1263.410, 1263.420, 1268.610, 1268.620 and 1268.710. Gran-
tor also agrees and consents to the dismissal of any emi-
nent domain action in the Superior Court wherein Grantor's
real property is included.
Grantor further understands the purpose for which this
Grant is being made and Grantor, for itself, its successors
and assigns, hereby waives any claim for and all damage to
such Grantor's property or remaining property contiguous to
the Grantor's real property interests hereby conveyed for
the purposes described herein.
This Subsurface Pass- Through Easement and each and all
of its provisions shall be binding upon and inure to the
benefit of the heirs, executors, administrators, successors
and assigns of the respective parties hereto.
IN WITNESS WHEREOF, this Subsurface Pass- Through Ease-
ment has been executed this ? ` day of /'lam a,ri�e,- , 1983.
Social Security Number OBERTI B. NEVIN
Robert B. Nevin T,
Grantor
Grantor
ADDRESS OF GRANTOR TO
WHICH COMPENSATION
PAYMENTS ARE TO BE SENT:
Z Oft)
1�,✓ ic3
SUBSURFACE PASS- THROUGH EASEMENT (G), Page 4
t.
84- 071811
Parcel No. G -54
LEGAL DESCRIPTION
PARCEL 1:
Lot 2 in Block "J" of SEASHORE COLONY, 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 county, EXCEPT the
Northeasterly 15 feet as conveyed to the city of Newport
Beach by quitclaim deed recorded January 6, 1932, in Book 525,
Page 462, Official Records.
PARCEL 2:
The Northeasterly 15 feet of that portion of Ocean Avenue,
adjoining said Lot 2, on the Southwest as abandoned by
resolution of the city of-Newport Beach on January 5, 1932,
in Book 530, Page 54, Official Records.
EXHIBIT "A"
84- 071811
DESCRIPTIO14
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 streetis 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
ce.n.terl:ae of the Santa Ana River as described in Case No. 22797 of
the SueeriorCourtof the State of C11ifornia in and for the County of Orange
and as shoe :n on a man filed in Book 65, Pages 31 through 36 of Records
of Surveys in the Office of .ifie County Recorder of said County;
thence along said centerline South 78'00'22" 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 Mans; 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
ccnterline 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" 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 Brock 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 -
shcre Colony Tract: thence along said northwesterly prolongation, said
northeasterly line and the southeasterly prolongation thereof
EXHIBIT "B" - Page 1
84- 071811.
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, 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.
CONTAINING 21.383 Acres, more or less
�. a
EXHIBIT "B - Page 2
0
84-071811
c:
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. , 84- 071811
f
E�
STATE OF CALIFORNIA )
ss .
COUNTY OF ORANGE )
:.
On December 29, 1983 before me, the undersigned, a Notary
Public in and for said state, personally appeared John J. Kroh,
personally known to me or proved to me on the basis of satis-
factory evidence to be the Trustee in Bankruptcy for Robert B.
Nevin, whose name is subscribed to the within instrument and
acknowledged that he executed the same.
OMCLALWAL
TAMRA LEE IONGSLEY
NOTARY PUBLIC —LUDI RIA
ORANGE COUNTY
MY COMM. Expires March 22, 1985
6
Tamar Lee K_ ngs ey
CERTIFICATE OF ACCEPTANCE
.Government Code Sec. 272 81
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 here-
by 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 Cite Council dated May 13, 1968, and the Grantee
consents to recordation thereof by its duly authorized officer or agent.
- IN WITNESS WHEREOF, I have hereunto set my hand this % day
of n 19
Robert L. Wynn IV
SUBSURFACE PASS - THROUGH EASEMENT (G), Page 5
REQUESTED BY. 1J01 i
WHEN RECORDED MAIL TO:
CITY OF NEWPORT BEACH
3300 Newport Boulevard
New P- rt Beach, California
Ciky Clerk
Deed
r) .
84- 067437 JK /MM 12/8/80
Parcel G- 54
RerORDED IN OFF:CIAL RECORDS
92663 EXEMPT OF ORANGE COUNTY. CALIFORNIA
C$
-1130 AM FEB 16 '84
-�' EXEMPT UNDER GOV. CODE §6103
MAIL TAX STATEMENTS TO:
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California 92663
DOCUMENTARY TRA
Computed c
sideration or
property conve}
ti
ze c gQ 1984'
�d!p
Computed on he:.con-
sideration or val
liens or encumbrances
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,
DIANE L. NEVIN, as to her community property 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 depth not lesr: 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 particulazly 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
84- 067437
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
hands 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 Granf-or; 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
IL
84- 0674?7
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
84- 067437
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 P s Through Ease-
ment has been executed this day of 198Y
ADDRESS OF GRANTOR TO
WHICH COMPENSATION
PAYMENTS ARE TO BE SENT:
DIANE L. NEVIN
Grantor
SOCIAL SECURITY NUMBER: 9-5_5-y2-61 7 J
SUBSURFACE PASS - THROUGH EASEMENT (G), Page 4
a.
84- 067437
Parcel No. G -54
LEGAL DESCRIPTION
PARCEL 1:
Lot 2 in Block "J" of SEASHORE COLONY, 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 county, EXCEPT the
Northeasterly 15 feet as conveyed to the city of Newport
Beach by quitclaim deed recorded January 6, 1932, in Book 525,
Page 462, Official Records.
PARCEL 2:
The Northeasterly 15 feet of that portion of Ocean Avenue,
adjoining said Lot 2, on the Southwest as abandoned by
resolution of the city of Newport Beach on January 5, 1932,
in Book 530, Page 54, Official Records.
EXHIBIT "A"
84- 067437
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 intersect;on of the centerline of Ocean Front (formerly
Ocean Avenue)as said street is 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
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
Offic:al 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 Rive= as described in Case No. 22797 of
the SuccriorCourtof 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 Office of .the County Recorder of said County;
thence along said centerline South 78 °00'22" 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 °44151" West 148.87 feet to a point on a curve
in the ccnterlinc 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 strcet.is shown on said map of Tract No. 772; thence along said
ccnterlinc 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
nort.`.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" 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 B SOUCh 35 °47'11" Nest, 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 northvesterly prolongation, said
nor:heastcrly line and the southeasterly prolongation thereof
EXHIBIT "B" - Page 1
84- 067437
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 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-Long 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.
CCNT- -%=\IG 21.383 Acres
t
more or less
F
EXHIBIT "B" - Page 2
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84— OC7437
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EXHIBIT "C"
64- 067437
STATE OF eAHFORMA
COUNTY
�,OOF�' Y.V\ } SS.
On '"�2 o'j✓ Y6' i� 19 beforc
said State. personal! ppemed T>;Zl Zi TA�C
. 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.
WIT`7.F_SS my hanA and official seal.
,hc undersigned, a Notary Public in and for
s•
CERTIFICATE OF ACCEPTANCE
Government Code Set. 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 ���1.31�68 , 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 FP � I , 19 :
SUBSURFACE PASS — THROUGH EASEMENT (G), Page 5
I
• 0
21082
WHEN RECORDED MAIL TO:
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California 92663
E,eed
MAIL TAX STATEMENTS TO:
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California 92663
EXEMPT
C5
e� t 3952Q� 1560
JK /MM 12/8/80
Marcel G`-_
ORA� GYA e O OUNCAL oAr4 A
.3 172 t' FEB 18 18 1
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,
EARL H. DEXTER and MARY ALLYN DEXTER, TRUSTEES,
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
i
w
11
•
BK 13952Po 1561
The rights granted herein to Grantee are for the pur-
pose of drilling for, producing, extracting, taking, and
removing oil, gas and other hydrocarbon substances by means
of slant holes or wells drilled through and beneath the
lands described in Exhibit "B," which by this reference is
made a part hereof as though set forth at length, into tide
waters beneath the Pacific Ocean and connecting waters; pro-
vided, however, that the provisions of this instrument shall
not entitle the Grantee, in any of its operations hereunder,
to use any part of the Grantor's real property between the
surface of the lands described in Exhibit "A" attached here-
to and the depth above - specified, or to bottom any well
within the boundaries of the Grantor's real property. A
plat showing the area affected by such easement is attached
hereto as Exhibit "C."
This grant is made on the- condition that Grantee, in
its drilling and production operations, shall use and in-
stall materials of good quality and condition, and all wells
shall be drilled and maintained by Grantee in the best work -
manlike manner and in accordance with good oil field prac-
tice, and all water sands encountered therein shall be, ef-
fectively and in a proper manner, plugged off; all drilling
and other operations of Grantee hereunder shall at all times
be conducted in a good and workmanlike manner and so as to
prevent and avoid danger of any injury or damage therefrom
to the property of Grantor; and Grantee shall take all rea-
sonably necessary precautions to prevent the discharge or
escape of mud, oil, debris or other matter onto the beach or
adjoining property or into the waters of the Pacific Ocean.
Grantor further makes this grant on condition that
Grantee, as compensation for the easement and right of way
granted hereunder, shall pay to Grantor a sum equal to such
proportionate share of three and two hundred seventy -five
thousandths percent (3.2758) of the market value of all
oil, gas and other hydrocarbon substances produced, saved
and sold by means of any and all oil wells drilled and /or
operated by Grantee during the term hereof under and through
any part or parts of the lands described in Exhibit "B"
hereto and bottomed beyond the outer boundaries described in
Exhibit "B," as the square footage of Grantor's real prop-
erty, as described in Exhibit "A ", bears to the total square
footage of the lands lying within the outer boundaries of
Exhibit "B," excluding public streets and highways owned in
fee simple by the City of Newport Beach and also any lands
owned in fee simple by the City of Newport Beach, and fur-
ther excluding streets and lands lying within the former
Pacific Electric Railway Company right of way; provided,
however, that Grantor shall not be entitled to any compen-
sation based upon oil lost through evaporation, leakage, or
otherwise, or upon gas used, consumed or lost in extraction
of gasoline, or upon any oil or gas used in connection with
any well drilled or operated hereunder, or upon any gas
which is used for repressuring any oil bearing formation in
an attempt to further production from any such well or
wells; nor shall Grantee be obligated hereunder to save any
gas, except as there is a reasonable market and value for
the same.
Grantee shall be entitled to deduct from the compen-
sation hereunder the Grantor's proportionate share of any
SUBSURFACE PASS - THROUGH EASEMENT (G), Page 2
Y
•
BK 13952-PS 1562
mineral rights, severance, production or other similar tax
which may be levied against or in connection with the
production upon the basis of which such compensation is to
be so paid, or the wells yielding such production, or the
lands from which the same is produced, and the Grantor's
proportionate share of the cost of treating and transporting
for treatment any unmerchantable oil upon the basis of which
compensation is paid hereunder. For the purpose of this
Subsurface Pass- Through Easement, "the cost of treating and
transporting for treatment any unmerchantable oil" mentioned
in the preceding sentence shall be deemed to be the actual
cost thereof, but not to exceed ten cents ($0.10) per barrel
of net oil.
Grantee shall make all payments hereunder to Grantor by
check payable to Grantor mailed to the address set forth
below not later than the twenty -fifth (25th) day of 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
BBC 1 3952PS 1 563
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 60 day of 198).
Earl H. Dexter, ustee
/ l
j.
t4ay Allyn Dexter , Trus ee
GRANTORS
ADDRESS OF GRANTOR TO
WHICH COMPENSATION
PAYMENTS ARE TO BE SENT:
O R • ` •
■
SUBSURFACE PASS- THROUGH EASEMENT (G), Page 4
w
• •
BK 13952RS 1564
Parcel No. G -55
LEGAL DESCRIPTION
PARCEL 1: Lot 3 in Block J of the Seashore Colony Tract, as
shown on a map thereof recorded in book 7, page 25, Miscellaneous
Maps, records of said Orange County;
EXCEPTING THEREFROM the Northeasterly 15 feet thereof.
PARCEL 2: The Northeasterly 15 feet (measured along a line
drawn parallel with the Southwesterly prolongation of the
Northwesterly line of Grant Street) of Ocean Avenue adjoining
Lot 3 in Block J of the Seashore Colony Tract, as shown on a
map thereof recorded in Book 7, page 25, Miscellaneous Maps,
records of said Orange County, 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.
EXCEPTING THEREFROM all oil, gas and other hydrocarbon sub-
stances and minerals of whatsoever nature, in, on, and under
and that may be produced from said real property, as reserved
in a previous deed of record.
ALSO EXCEPTING THEREFROM all incidental right, right of way,
easements in, on, through and under said real property for the
purpose of exploring or drilling for, saving or removing such
oil, gas and other hydrocarbon substances and minerals,
whether the same are located in, on or under said real pro -
perty,or other real property, as reserved in a previous deed
of record.
EXHIBIT "A"
b
• 0
eK 13952PS 1565
DESCRIPTION
Oxbow Oil Production Condemnation
All those certain lands situated in the City of Mewport 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. 22791 of
the Super:orCourtof 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 °44'5i" 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 0 053'21" 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 - 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 South 35 °47111" West, 120.00 feet to the northwesterly
prolongation of the
shore Colony Tract
northeasterly line
nor:`:easterly line of Lot 4 in Block 8 of said Sea-
: thence along said northwesterly prolongation, said
and the southeasterly prolongation thereof
EXHIBIT "B" - Page 1.
BK 1 3952p 1566 -
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 °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 51130" West, 1520. 68 feet to the POINT OF BEGINNING.
r
CONTAINL`1G 21.383 Acres. more or less
►-L
EXHIBIT "B" - Page 2
BK 13952PS 1567
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EXHIBIT "C"
•
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
r
sK 1 3952P 1568
On „pct , 19X) , before me, the under-
signed, a Notary Publi(� in and for said State personally ap-
peared Earl H. Dexter and Mary Allyn Dexter, Trustees
known to me to be the person(s) whose name(s) are subscribed
to the within instrument, and acknowledged that they exe-
cuted the same.
IN WITNESS WHEREOF, I have hereunto set my hand this
day of 0 i 19yi
s Of FICIAI SEAL
NANCY R08!NS S; Notary Pudic in and for said
NOTATIP�JBLIC . CAUrowwA `S Coun y and State
RR K;P;
ORANGE COUNTV
My Commission Expires July 23. 1984
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 'a y_13. 1968 r 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 198/.
f
SUBSURFACE PASS - THROUGH EASEMENT (G), Page 5
22024
WHEN RECORDED MAIL TO:
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California 92663
:Y Gicrk l
ucd
i t•lo. 16d--
MAIL TAX STATEMENTS TO:
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California 92663
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY. CALIFORNIA
.2 45 PM OCT 16 X81
LEE A. BRANCH, County Recd &
BK 14259 PG 782
JK /MM 12/8/80
P'ax Ce 1 G`- 56
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c;it G1
\/ C1LVF• ���c
DOCUMENTARY TRANSFER TAX
$
I1G `ir ^dl:
T
. . .Computed on the con-
sideration or value of
property conveyed.
. . .Computed on the con-
sideration or value less
liens or encumbrances re-
maining at time of sale.
Signature of Declarant or
Agent determining tax - -
Firm Name
SUBSURFACE PASS- THROUGH EASEMENT
FOR VALUABLE CONSIDERATION, receipt of which is hereby
acknowledged,
ROBERT CRANE and JOANNE CRANE, 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
?K 14259 PG 783
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 14259 PG 784
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 14259 PG 785
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 31st day of /}U�, 1981'
rt crane
oanne Crane
Grantors
ADDRESS OF GRANTOR TO
WHICH COMPENSATION
PAYMENTS ARE TO BE SENT:
SUBSURFACE PASS- THROUGH EASEMENT (G), Page 4
• •
8K 14259 PG 786
STATE OF CALIFORNIA
ss.
COUNTY OF-O€ A L )
Las f% yrlrs
On 19,T1, before me, the under-
signed, a Notary''Public in and for said State personally ap-
peared Robert Crane and Joanne Crane
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 A , 19y/.
iil3 A "3DIt -,ui 0.221ti, Rail :Ctf I Dili I; �-
PATPICIA COLWILL c'
NOTARY PUBLIC CAtWORNIA^
OSAi:G�os(,CLN Notary Public in and for said
LOS h��cF ties ccurry
corn - 151'11 .,;.rs JtitV .27,19g4 _. 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 , and the Grantee consents
her
to recordation teo by its duly authorized officer or
agent.
IN WITNESS WHEREOF, I have hereunto set my hand this
day of (`'t-,rcft 19_l .
SUBSURFACE PASS- THROUGH EASEMENT (G), Page 5
• •
Parcel No. G -56
LEGAL DESCRIPTION
8K 14259 PG 787
PARCEL 1:
Lot 4 in Block J of Seashore Colony, in the City of Newport
Beach, as shown on a map thereof recorded in Book 7, Page 25,
Miscellaneous Maps, records of said Orange County, State of
California.
EXCEPTING THEREFROM the Northeasterly 15 feet conveyed to
the City of Newport Beach by quitclaim deed recorded January 6,
1932, in Book 530, Page 76, of Official Records.
PARCEL 2:
The Northeasterly 15 feet of
(Front) adjoining said Lot 4
abandoned by Resolution of t
January 4, 1932, a certified
recorded January 5, 1932, in
Records. p
that portion of Ocean Avenue
on the Southwesterly side as
ie City of Newport Beach on
copy of which Resolution was
Book 530, Page 54, Official
EXHIBIT "A"
• •
BK 14259 PG 788
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 350 57'39" East 472. 31 feet to the
centerline of the Santa Ana River as described in Case No. 22791 of
the Superior 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 °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 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 map of Tract No. 772; thence along said
centerline of Fern Street South 35 051100" 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 54009100" 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 35051100" West, 90.00 feet to the south,.vesterly 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 3 South 35 047111" Nest, 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
BK 14259 po 789
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 35'47'30" 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 \4iscellanecus Maps; thence along said northeasterly right -of -way
fine South 54 °02'30" East, 118.67 feet to. the northeasterly prolongation
of the li:.e 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" Nest, 276.10 feet to
said centerli ^.e 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. 68 feet to the POINT OF BEGINNING. I•
i
ICCNT_- .2NENG 21.333 Acres, more or less
k_.
EXHIBIT "B" - Page 2
BK 14259 PG 790
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EXHIBIT "C"
• • sK 1 3989P 1596
28208 JK /MM 12/8/80
5'
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
EXEMPT
C4
REC04DED IM OffIC11r REC07DS
Of GXAL GE rVJNiY. CALIFD�XIA
-230 P':9 VAR 20'$1
diE A. $RAIiVt, Corty Reeordu
DOCUMENTARY TRANSFER TAX
. Computed on the con -
sideration or valU.e 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,
PETER A. WILSON and SUSAN A. WILSON, husband and wife,
hereby GRANT(S) and conveys to the CITY OF NEWPORT BEACH, a
municipal corporation, and its successors and assign„ 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 arid/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 partir_•ilarly 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
aK 1 3989P 1597
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 EASE "'ENT (G), Page 2
6K 1398°P6 1558
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 3989p 1599
ant to California Code of Civil PLocedure 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 17J day of 3 , 198.
et�r A. Wilson
J, A( "' .n �( I(L rte
Susan A. Wilson
Grantor
ADDRESS OF GRANTOR TO
WHICH COMPENSATION
PAYMENTS ARE TO BE ENTe
�c'Jt..T
SUBSURFACE PASS — THROUGH EASEMENT (G), Page 4
^a
0
STATE OF CALIFORNIA
ss,
COUNTY OF ORANGE
•
61
1 3989p 1000
On
%J " - "%:
, 19.5' %, before
me, the under-
signed,
a Notary Public
in and for said State
personally ap-
peared
PETER A. WILSON AND
SUSAN A WILSON
known to me to be the person(s) whose name(s) are subscribed
to the within instrument, and acknowledged th:t they exe-
cuted the same.
IN WITNESS WLjEREOF
day of %...
+ !�
WARY MUG !�
PRI ,IPAL OFF IC _•
IN t :11E „1 OuNry
�o- My Commission Fxp. Nov, 15, 198? °.
I have hereunto set my hand this
19 �.
Notary Public in and for said
County and State
CERTIFICATE OF ACCEPTANCE
Government Code Sec. 27281
This is to certify that the interest in real property
conveyed by the Deed as set forth above to the CITY 0°
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
tL day of iF t'ir 1_, 19 rr'/ .
SUBSURFACE PASS- THROUGH EASEMENT (G), Page 5
0
PARCEL No. G -57
LEGAL DESCRIPTION
BK 13989Po 1601
PARCEL 1:
Lot 5 in Block J of the Seashore Colony Tract, in the City of
Newport Beach, as per Map recorded in Book 7, Page 25 of Mis-
cellaneous Maps, in the office of the County Recorder of said
county.of Orange, State of California.
EXCEPT the Northeasterly 15.00 feet thereof.
PARCEL 2:
That portion of the Northeasterly 15.00 feet of that portion of
Ocean Avenue adjacent Lot 5 in Block J of the Seashore Colony
Tract on the Southwest, as shown on a Map recorded in Book 7,
Page 25 of Miscellaneous Maps, in the office of the County Re-
corder of said county as abandoned by resolution of the City Coun-
cil of the City of Newport Beach on January 4, 1932, a certified
copy of which was recorded January 5, 1932, in Book 530 of Of-
ficial Records, Page 54 of Official Records, bounded on the North-
west by the Southwesterly prolongation of the Northwesterly line
of said Lot 5 and bounded on the Southeast by the Southwesterly pro-
longation of the Southeasterly line of said lot.
EXHIBIT "A"
i 1 0
6K 1 3980p 1602
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 ":
Beginnfng at the intersection of the centerline of Ocean Front (formerly
Ocean Avenue)as saidstreetis shown on 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
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 350 57130" East 472. 31 feet to the
centerline of the Santa Ana River as described in Case No. 22791 of
the Suoe�iorCourtof 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 73'00'22" 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 man
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 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 35051'00" 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 051100" 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-
shore Colony Tract_ thence along said northwesterly prolongation, said
northeasterly line and the southeasterly prolongation thereof
EXHIBIT "B" - Page 1
tl
•
0
8K 13989P0 1603
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 55° 51'30" West, 1520. 68 feet to the POINT OF BEGINNING.
CONTAINING 21.383 Acres, more or less
EXHIBIT "B" - Page 2
0
8K 1308pP-u 1604
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EXHIBIT 11C"
r
`J
WHEN RECORDED MAIL TO:
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California 92663
City Clerk
Deed
Pdo. /5,0
MAIL TAX STATEMENTS TO:
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California 92663
9 % v �C
V Ntiri�O����• i_y
Bic 139371-0 1834
4618 JK/MM 12/8/80
PA -ce1 dm '
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY. CALIFORNIA
EXEMPT -Liss A.M. FEB 4'61
C5
LEE A BRANCK Counq 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,
ALLAN I. NF11IROFF, an unmarried 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
r
0
BK 13937Pro 1935
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 13gl7FO 1936
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 13037 PC 1037
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 :' /,-? day of c_ /_�,�.� �, 148,.
l /
Grantor
ADDRESS OF GRANTOR TO
WHICH COMPENSATION
PAYMENTS ARP TO RP GF.MT<
19
SUBSURFACE PASS- THROUGH EASEMENT (G), Page 4
Parcel No. G -58
LEGAL DESCRIPTION
0
BK 130 37Fou 1933
Parcel 1: Lot 6 in Block "J" of 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, as conveyed
to the City of Newport Beach by Deed recorded January 6, 1932
in Book 528 Page 234 of Official Records, in the office of
the county recorder of Orange County, California.
Parcel 2: The Northeasterly 15 feet of that portion of
Ocean Avenue adjoining Lot 6 in Block "J" of Seashore Tract,
as shown on a Map recorded in Book 7 Page 25 of Miscellaneous
Maps, records of Orange County, California, abandoned
January 4, 1932 by Resolution of the City Council of the City
of Newport Beach, a certified copy of which Resolution was
recorded January 5, 1932, in Book 530 Page 54 of Official
Records, in the office of the County Recorder of said Orange
County, California.
EXHIBIT "A"
BK 13g'�: FC 1 X39
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 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. 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 Sur.,eys 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 °42120" 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 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 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 051100" 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 °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 °47111" Nest, 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
sK 13937 Fe 1040
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 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 °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.
CONTAL IZNG 21.383 Acres, more or less
EXHIBIT "B" — Page 2
•
BK 13037^^
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EXHIBIT nCn
0
BK 139 7 P 1942
STATE OF CALIFORNIA )
�• ) ss.
COUNTY OF
On /.r %' before me, the undersigned, a No-
tary Public in and for said State, personally appeared
Allan I. Nemiroff 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.
� �:RT e, HOFFMAN
� � Norary Vmlc- Calrtornlo �
PRiN[L -Pt OFFICE IN
Apyary Public
t+i.• l05 ANGELES COUNTY - _
My Commission 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 of ✓rs ; +k' 196/.
SUBSURFACE PASS - THROUGH EASEMENT (G), Page -5
X L:
RECORDINp\ -
REQUESTED B /., l =3L"_O
lU3
'7
JK /MM 12/8/80
XEIV Parcel >G- 59
WHEN RECORDED MAIL TO:
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California
(EXem P T
MAIL TAX STATEMENTS T0:
92663
GoY GoDE (ojO�
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California 92663
r -I
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY. CALIFORNIA
,1220 PIM NOV 3 0'84
g" CC'JN T Y
G Y/ RECORDER
DOCUMENTARY TRANSFER TAX Jj
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,
JOHN A. SINDELAR and r1ARCIA A. SINDELAR, 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 0-4 9 9 8 2 8
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 0
mineral rights, severance, production or other similar tax
which may be levied against or in connection with the
production upon the basis of which such compensation is to
be so paid, or the wells yielding such production, or the
lands from which the same is produced, and the Grantor's
proportionate share of the cost of treating and transporting
for treatment any unmerchantable oil upon the basis of which
compensation is paid hereunder. For the purpose of this
Subsurface Pass - Through Easement, "the cost of treating and
transporting for treatment any unmerchantable oil" mentioned
in the preceding sentence shall be deemed to be the actual
cost thereof, but not to exceed ten cents ($0.10) per barrel
of net oil.
Grantee shall make all payments hereunder to Grantor by
check payable to Grantor mailed to the address set forth
below not later than the twenty -fifth (25th) day of 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 ($70.00), 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. I _
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
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 o.f 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 tc
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 Subsu'rf'ace Pass- Through Ease-
ment ha.s been executed this /I/ day of ti'c1('EAllit(2 198V.
:any !
Social Security No.
Social Security No.
ADDRESS OF GRANTOR TO
WHICH COMPENSATION
PAYMENTS ARE TO BE SENT:
Itj Scmwj'�" 1 ion
iv i'to C l t G f it,
`i
Marcia A. Sindelar
Grantors
SUBSURFACE PASS- THROUGH EASEMENT (G), Page 4
0
Parcel No. G -59
LEGAL DESCRIPTION
11
<f0'�:?8
Lot 7 Block J Seashore Colony Tract, as per Map recorded
in Book 7 Page 25 of Miscellaneous Maps in the office of
the County Recorder of Orange County, State of California.
W
EXHIBIT "A"
re-
All those certain
Countv of Orange,
as follows:
P:AF.CEL "G ":
•
ow Oi
0
a11_,lC)Qo.?g
I-
DESCRIPTIO14
Production Condemnation
lands situated in the City of Newport Beach,
State of California, more particular described
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 north iesferly 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 "EIii3IBIT A
TO SUBSURFACE EASEMENT" recorded in Book 2824, 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 35° 57'3 -0" East 472_31 feet to the
centerline of the Santa Ana River as described in Case No. 22797 of
the Supet,orCourtof the State of California in and for the County of Orange
and as shown on a man filed in Book 55, Pages 31 through 36 of Records
of Surreys in the Office of the County Recorder of said County;
thence along said cente -rline South 78 °00122" East, 51.70 feet and
Scuth 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 143.87 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 051100" West, 26.45 feet to the north -
westerly prolongation of the northeasterly Tine 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 B'.ock 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
C,
0
•
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 °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 cente rline
North 55 °51'30" West, 1520.68 feet to the POINT OF BEGINNING. I
i
CONTAINING 21.393 Acres, more or less
k%
EXHIBIT "B" - Page 2
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STATE OF CALIFORNIA
COUNTY OF =$dam€
ss.
811 -4 cc "828
On A/O ✓-c. 6C-.4 ✓7 , 19Yy, before me, the under-
signed, a Notary Public in and for said State personally ap-
peared John A. Sindelar and Marcia A. Sindelar Cho
;ne u IMP /i�S.S at S,at,'�F�� ✓z�
Pv i w,_, a
kn4;s �-�^ m�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
I e 'day of ri.uA),e_ •3 19
SEAL
Af'Y
r,oT auac -caii oaNI Notary P lic in and for said
ar✓cr r COUNTY County and State
^✓y mmin, expiru FE 9 20, 1988
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 .l3. 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 IP(" P , 19
l� caw - '7) C L
SUBSURFACE PASS - THROUGH EASEMENT (G), Page 5
BK 1.3.5'5 i PG 200
19100 JR /MM 12/8/80
4G3 'WHEN RECORDED MAIL TO:
CITY OF NEWPORT BEACH
3300 Newport Boulevard
or
New t Beach, California 92663 RECORDED IN OFFICIAL RECORDS
Newport OF ORAWC COUNI7 CM,IMRNIA
'3 55 N W FEB 17 ,81
city Clerk EXEMPT
Deed C 2 IEE A BRANCH, County Record
No. �S j�
MAIL TAX STATEMENTS TO:
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California 92663
DOCUMENTARY TRANSFER TAX
. . .Computed on the con -
sideration or value of
property conveyed.
Computed on the con-
sideration or value less
liens or encumbrances re-
maining at time of sale.
Signature of Declarant or
Agent determining tax - -
Firm Name
SUBSURFACE PASS - THROUGH EASEMENT
FOR VALUABLE CONSIDERATION, receipt of which is hereby
acknowledged,
J. CLARK MOORE and ELISABETH WILSON MOORE, 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
k
BK 1 3951 PG. 20 1
The rights granted herein to Grantee are for the pur-
pose of drilling for, producing, extracting, taking, and
removing oil, gas and other hydrocarbon substances by means
of slant holes or wells drilled through and beneath the
lands described in Exhibit "B," which by this reference is
made a part hereof as though 'set forth at length, into tide
waters beneath the Pacific Ocean and connecting waters; pro-
vided, however, that the provisions of this instrument shall
not entitle the Grantee, in any of its operations hereunder,
to use any part of the Grantor's real property between the
surface of the lands described in Exhibit "A" attached here-
to and the depth above - specified, or to bottom any well
within the boundaries of the Grantor's real property. A
plat showing the area affected by such easement is attached
hereto as Exhibit "C."
This grant is made on the condition that Grantee, in
its drilling and production operations, shall use and in-
stall materials of good quality and condition, and all wells
shall be drilled and maintained by Grantee in the best work-
manlike manner and in accordance with good oil field prac-
tice, and all water sands encountered therein shall be, ef-
fectively and in a proper manner, plugged off; all drilling
and other operations of Grantee hereunder shall at all times
be conducted in a good and workmanlike manner and so as to
prevent and avoid danger of any injury or damage therefrom
to the property of Grantor; and Grantee shall take all rea-
sonably necessary precautions to prevent the discharge or
escape of mud, oil, debris or other matter onto the beach or
adjoining property or into the waters of the Pacific Ocean.
- Grantor further makes this grant on condition that
Grantee, as compensation for the easement and right of way
granted hereunder, shall pay to Grantor a sum equal to such
proportionate share of three and two hundred seventy -five
thousandths percent (3.2758) of the market value of all
oil, gas and other hydrocarbon substances produced, saved
and sold by means of any and all oil wells drilled and /or
operated by Grantee during the term hereof under and through
any part or parts of the lands described in Exhibit "B"
hereto and bottomed beyond the outer boundaries described in
Exhibit "B," as the square footage of Grantor's real prop-
erty, as described in Exhibit "A bears to the total square
footage of the lands lying within the outer boundaries of
Exhibit "B," excluding public streets and highways owned in
fee simple by the City of Newport Beach and also any lands
owned in fee simple by the City of Newport Beach, and fur-
ther excluding streets and lands lying within the former
Pacific Electric Railway Company right of way; provided,
however, that Grantor shall not be entitled to any compen-
sation based upon oil lost through evaporation, leakage, or
otherwise, or upon gas used, consumed or lost in extraction
of gasoline, or upon any oil or gas used in connection with
' any well drilled or operated hereunder, or upon any gas
which is used for repressuring any oil bearing formation in
an attempt to further production from any such well or
wells; nor shall Grantee be obligated hereunder to save any
gas, except as there is a reasonable market and value for
the same.
Grantee shall be entitled to deduct from the compen-
sation hereunder the Grantor's proportionate share of any
SUBSURFACE PASS - THROUGH EASEMENT (G), Page 2
BK 1395 1 PG . 202
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 1395 1 Pc 203
ant to California Code of Civil Procedure Sections 1036,
1263.410, 1263.420, 1268.610, 1268.6.20 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 28th day of January , 198L-
J. lark fdoore
t.
Elisabeth Wilson Mooxle
Grantors
ADDRESS OF GRANTOR TO
WHICH COMPENSATION
PAYMENTS ARE TO BE SENT:
Fir. and Firs. J. Clark Hoore
7005 Seashore Drive
Newport Beach, California 92663
SUBSURFACE PASS - THROUGH EASEMENT (G), Page 4
I
I .
BK 1395 1 Po.. 204
Parcel No. G -60
LEGAL DESCRIPTION
Lot 8 in Block J of Seashore Colony Tract, as per map
recorded in Book 7, Page 25, of Miscellaneous Maps, in the ,
office of the county recorder of said county.of Orange,
State of California,
i
R
ExHIBIT "A"
f ._ i
0
El
BK 1395 1 PG
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 ":
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
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. 22791 of
the Superior Court of the State of California in and for the County of Orange
and as shorn 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 78000122" 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 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 0953121" 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 S of
said Seashore Colony Tract; thence along said = enterlir.e 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
205
{
• •
sK 1 395 1 PG ' 206
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 °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 55" 51130" West. 1520. 68 feet to the POINT OF BEGIN\TLNG. i
CONTAL``lG 21.383 Acres. more or less
EXHIBIT "B" - Page 2
1
l
i
BK 1395 1 PG 207
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EXHIBIT "C"
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
aK 13 9 5 1 Pc
On January 28, , 1981 , before me, the under-
signed, a Notary Public fn and for said State personally ap-
peared J. Clark Moore and Elisabeth Wilson Moore,
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
28th day of January , 19 81,
H C NICKERSON
gyp• "1-�� r N t tL OFFICE INa -
`�{ rnl �:�IYAL OFFICE IN
\� LOS 'rNGELES COUNTY:
MY Co nu on Expires March 28, 1981 No ary Public in and for said
" County and State
CERTIFICATE OF ACCEPTANCE
Government Code Sec. 27281
This is to certify that the interest in real property
conveyed by the Deed as set forth above to the CITY OF
NEWPORT BEACH is hereby accepted by the undersigned officer
or agent on behalf of the City Council of such City pursuant
to authority conferred by an adopted resolution by the City
Council dated , and the Grantee consents
to recordation thereo by its duly authorized officer or
agent.
SIN WITNESS WHEREOF, I have hereunto set my hand this
day of ,P/,g><y 19B /.
I' Lt. .
SUBSURFACE PASS- THROUGH EASEMENT (G), Page 5
1:
Signature of Declarant or
Agent determining tax - -
Firm Name
SUBSURFACE PASS - THROUGH EASEMENT
FOR VALUABLE CONSIDERATION, receipt of which is hereby
acknowledged,
AUDREY T. VORE, a married woman as her 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
lN"�
L�79 BK 14168Po 424
JK /MM 12/8/80
Parcel G -61
Parcel G -62
WHEN
RECORDED MAIL TO;
CITY
OF NEWPORT BEACH
3300
Newport Boulevard
RECORDED IN RECORDS
RECORDED IN OFFICIAL RECORDS
OF
Newport Beach, California
92663
..... -u 22 kid AUG 4'81
City Clerk
I C 1
Deed
I / y�
LEE A. BRANCH, County Recorder
L�
MAIL
TAX STATEMENTS TO:
J
DOCUMENTARY TRANSFER TAX ✓" "'
CITY
OF NEWPORT BEACH
3300
Newport Boulevard
.Computed on the con- 17
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,
AUDREY T. VORE, a married woman as her 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
lN"�
0
BK 14166PO 425)
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 14160 PG 420
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 427
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 SS-Through Ease-
ment has been executed this ? —day of 198/.
6 �,4l V
AUDREY T. V0
Grantor
ADDRESS OF GRANTOR TO
WHICH COMPENSATION
PAYMENTS ARE TO BE SENT:
SUBSURFACE PASS- ^HROUGH EASEMENT (G), Page 4
u
i
BK 14168PG 423
PARCEL NOS. G -61 and G -62
LEGAL DESCRIPTION
Lots 9 and 10 of Block "J" 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 the County of Orange, State of California.
EXCEPTING THEREFROM that portion of said lots described as
follows: Beginning at the most easterly corner of said Lot 9,
and running thence Southwesterly along the Southeasterly line of
said Lots 9 and 10, 55.1 feet to the most Southerly corner of
said Lot 10; thence Northeasterly along the Southwesterly line of
said Lot 10, 40.00 feet; thence notheasterly, parallel with the
southeasterly line of said lots 9 and 10, 56.75 feet, more of less,
to the northeasterly line of lot 9, thence southeasterly along
said notheasterly line of lot 9, 40.00 feet; more or less, to the
point of beginning.
EXHIBIT "A"
0
•
BK 14168BB 429
DESCRIPTIO14
Oxbow Oil Production Condemnation
All those certain lands situated in the City of Plewport 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 saidstreetis 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
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 EYF:IBIT 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 Supe ^orCourtof the State of California in and for the County of Orange
and as shown on a crap filed in Book 65, Pages 31 through 36 of Records
of Surveys in the Office of the County Recorder of said County;
thence along said centerline South 73 °00122" East, 515.70 feet and
South 66 °42'20" East, 643.27 feet to the northerly prolongation of the line
dividing Lots 6 and 7 in Block 11 of Tract No. 772 as shown on a map
recorded in Book 23, Pages 5 and 6 of said Miscellaneous Mans: thence
along said northerly prolongation, said dividing line and the southerly
prolongation thereof South 7 °44151" West 148.87 Ieet 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° 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 54009'00" East, 104. 94 feet to the cente rline of the 10 foot alley
in said Block 8; thence along said centerline of the 10 foot alley
South 350 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 °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 41 E3po 430
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 mao recorded in Book 162, Pages 20 through 26
of said Miscellaneous Maps; thence along said northeasterly right -of -may
line South 54 °02'30" East, II8.67 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 °57'3`0" West, 276.10 feet to
said centerl=ine 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. 68 feet to the POINT OF BEGINNING. I.
CONT_4LVLVG 21.333 Acres, more or less
EXHIBIT "B" — Page 2
BK 14 1 E8PS 43 1
i
ULLI
tj
m
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f7i 99 s jr
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EXHIBIT "C"
• 0
BK 14168PG
STATE OF CALIFORNIA )
Z,_ ) / ss.
COUNTY OF ORANA� ' )
4322
On 19 , before me, the under -
signed, a Notary Public in and for said State personally ap-
peared J AND
known to me to be the person(s) whose name(s) are subscribed
to the within instrument, and acknowledged that exe-
cuted the same.
IN WITNESS WHEREOF, I have hereunto set my hand this
'l ,yday of
.110MIPlifomla [0:R0111�1I'.B
ICE IN OUNTY Notary Public In an jfpr said
20, 1983 County and State
CERTIFICATE OF ACCEPTANCE
Govern ment 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 WITNESVHEREOF, I have hereunto set my hand this
`f day of ��� 191.
SUBSURFACE PASS - THROUGH EASEMENT (G), Page 5
P�aP 0y
F�QJ�i WHEN RECORDED MAIL TO:
e� CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California
Ci,y Clerk
Oeed
MAIL TAX STATEMENTS TO:
E
BK 1 31 95 1 PG 209
(1 O JK /MM 12/8/80
a7 Parcel G-61 and G -62
92663
RECORDED IN O;FICIAt RECORDS
OF ORANGE COU;. i Y; CALIFORNIA
EXEMPT -ass PM, FEB 17'81
C2 LEE A BRANCH, County Recorder
DOCUMENTARY TRANSFER TAX
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California 92663
.Computed on the con -
sideration or value of
property conveyed.
. . .Computed on the con-
sideration or value less
liens or encumbrances re-
maining at time of sale.
Signature of Declarant or
Agent determining tax - -
Firm Name
SUBSURFACE PASS- THROUGH EASEMENT
FOR VALUABLE CONSIDERATION, receipt of which is hereby
acknowledged,
RUTH E. BRINTNALL and GRACE PETERLIN, each as to an
undivided one -half interest, as tenants in common,
hereby GRANT(S) and conveys to the CITY OF NEWPORT BEACH, a
municipal corporation, and its successors and assigns, a
perpetual easement and right of way to drill, test, com-
plete, equip, maintain, repair, clear, redrill, deepen,
operate, produce, dismantle (remove casing and other equip-
ment from), plug and abandon under and through the subsur-
face of that certain real property hereinafter described in
which Grantor has reserved the right to control subsurface
pass - through easements ( "Grantor's real property" herein) at
a depth not less than Four Hundred (400) feet measured ver-
tically below the surface thereof, a well or wells for the
purpose of exploring for and /or producing oil, gas and /or
other hydrocarbon substances; the easement and right of way
granted herein shall lie under that certain parcel of real
property situated in the City of Newport Beach, County of
Orange, State of California, and more particularly described
in Exhibit "A" to this Deed and such description by this re-
ference is made a part hereof as though set forth at length.
SUBSURFACE PASS - THROUGH EASEMENT (G), Page 1
J�
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
BK 13951 PG 21 1
mineral rights, severance, production or other similar tax
which may be levied against or in connection with the
production upon the basis of which such compensation is to
be so paid, or the wells yielding such production, or the
lands from which the same is produced, and the Grantor's
proportionate share of the cost of treating and transporting
for treatment any unmerchantable oil upon the basis of which
compensation is paid hereunder. For the purpose of this
Subsurface Pass- Through Easement, "the cost of treating and
transporting for treatment any unmerchantable oil" mentioned
in the preceding sentence shall be deemed to be the actual
cost thereof, but not to exceed ten cents ($0.10) per barrel
of net oil.
Grantee shall make all payments hereunder to Grantor by
check payable to Grantor mailed to the address set forth
below not later than the twenty -fifth (25th) day of 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
F
Y
•
sK 13 9 51 PG 212
ant to California Code of Civil Procedure, Sections 1036,
1263.419, 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 %; ii day of ;,•:,,«�� 198/.
RUTH E. BRINTNALL
t�
GRACE PETERLIN
Grantor
ADDRESS OF GRANTOR
WHICH COMPENSATION
PAYMENTS ARE TO BE
TO
SENT.
SUBSURFACE PASS - THROUGH EASEMENT (G), Page 4
{
BK 1 3 9 5 1 Po 213
Parcel Nos. G -61 and G -62
LEGAL DESCRIPTION
Part of Lots 9 and 10 in Block J of Seashore
Colony Tract, in the County of Orange, State of California, as
per map recorded in Book 7, Page 25 of Maps, Miscellaneous
Records of said County, described as follows:
Beginning at the most easterly corner of said lot 9, and
running thence southwesterly along the southeasterly line of
said Lots 9 and 10, 55.1 feet to the most southerly corner of
said Lot 10; thence northwesterly along the southwesterly
line of said Lot 10, 40 feet; thence northeasterly, parallel
with the southeasterly line of said Lots 9 and 10, 56.75 feet,
more or less, to the northeasterly line of said Lot 9; thence
southeasterly along said northeasterly line of Lot 9, 40 feet,
more or less, to the point of beginning.
EXHIBIT "A"
A
eK 1 395 1 PG
DESCRIPTION
Oxbow Oil Production Condemnation
All those certain lands situated in the City of tiewport 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 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. 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 Sur ✓eys 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 °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" Last, 104.94 feet to the centerline of the 10 foot alley
in said Block 8; thence along said centerline of the 10 foot alley
Sout::35 051100" Wast, 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 °47111" West, 120.00 feet to the north ., esterly
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
214
w
BK 13 9 5 1 PG 215
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 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° 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 51130" West, 1520. 68 feet to the POINT OF BEGINNING. f
CONTAINING 21.383 Acres, more or less
►'
EXHIBIT "B" — Page 2
> t� Lie ti E 1 s
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8ti a
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EXHIBIT "C"
0
STATE OF CALIFORNIA
COUNTY OF ORANGE
On
signed,
peared
•
ss.
BK 13951P6 217
�> , 19Z, before me, the under -
a Notary Public'in and for said State personally ap-
known to me to be the person(s) whose name(s) are subscribed
to the within instrument, and acknowledged that exe-
cuted the same.
3N WITNESS WHEREOF, I have hereunto set my hand this
day of 19;'
OROBERT Bl. HOFFMAN
n Norory Vvtiic - Californlo
t' PRINCIPAL OFFICE IN
C. LOS ANGELES COUNTY
My mmiuion Expires May 20, 1983 Notary Public in; :and for said
County and State
CERTIFICATE OF ACCEPTANCE
Government Code Sec. 27281
This is to certify that the interest in real property
conveyed by the Deed as set forth above to the CITY OF
NEWPORT BEACH is hereby accepted by the undersigned officer
or agent on behalf of the City Council of such City pursuant
to authority conferred by an adopted resolution by the City
Council dated May 13. 196R , and the Grantee consents
to recordation -there o by its duly authorized officer or
agent.
IN WITNESS WHEREOF, I have hereunto set my hand this
/ day of ,7?4r d.4exl , 19,9(.
n 1 ,
SUBSURFACE PASS - THROUGH EASEMENT (G), Page 5
1
i -
•
•
STATE OF CALIFORNIA , l
i COUNTY OF ��" * >r'f 1 SS. p'�//
e O _i_, c_ / •.i' !!!. before me, BK 13 c. 5 1 PG 218
^ the undersigned, a Notary Pubin' nd for sai County and State,
„7 personally appeared
known to me
9 to be the person —whose name �-s — �SUbscribed to the
I v within instrument and acknowledged that L L executed the
f S same.
e Name (Typed or Printed)
otary ub lc m and or sand County and tale
t
r
FOR NOTARY SEAL OR STAMP
LRC
ROBERT B. HOFFMAN
3 N,4 , VabrK - Colilwrdo
pRINCiPAt, OFFICE IN
LOS ANCEbES COUNTY
mission Expires May 20, 1983
i
a
i
4605 BK 13937Pc IUD 17
JR /MM ,12(8/80 -,
WHEN RECORDED MAIL TO:
CITY OF NEWPORT BEACH RECORDED IN OFFICIAL RECORDS'
3300 Newport Boulevard OF ORANGE COUNTY. CALIFORNIA
Newport Beach, California 92663
EXE;,;;PT -U!§ A.M. FEB 4'81
City Clerk C5
Deed LEE A BRANCH, County Recorder
No.
MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX
CITY OF NEWPORT BEACH
3300 Newport Boulevard .Computed on the con -
Newport Beach, California 92663 sideration or value of
--- property conveyed.
.Computed on the con-
0 sideration or value less
liens or encumbrances re-
F 8 9� \I I�; maining at time of sale.
Q
an e
A Signature of Declarant or
Agent determining tax - -
ti Firm Name
SUBSURFACE PASS - THROUGH EASEMENT
FOR VALUABLE CONSIDERATION, receipt of which is hereby -
acknowledged, a. �
GORD -R. -- DEMPSAY -, I3.D-: y- and rII;J RED L1. DEf•1PSAY, hueband
and - -w3 €e , a s -j o Ent- tenants, Vn : SrJ
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
f
7
< y
B 18087P0 1818
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 30317PC 1 u. 9
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 Easy- 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
B 13.037 PC 1320
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 d day of i 1981.
Gordor-It.7Dempsay rn:\v-)
Mildred M. Dempsay��
Grantor..
ADDRESS OF GRANTOR TO
WHICH COMPENSATION
PAYMENTS ARE TO BE SENT:
SUBSURFACE PASS - THROUGH EASEMENT (G), Page 4
A
BK 1 %3037PC 1 u2 1
Parcel No. G -63
LEGAL DESCRIPTION
PARCEL 1: All that certain land situated in the City of
Newport Beach, described as follows:
Lot 1 in Block "K" of the "Seashore Colony Tract ",
as per map recorded in Book 7, page 25 of Miscel-
laneous Maps, in the office of the County Recorder
of said county of Orange, State of California.
EXCEPTING THEREFROM the Northeasterly 15 feet
thereof conveyed to the City of Newport Beach by
deed recorded January 6, 1932 in book 527, page 350
of Official Records.
PARCEL 2: The Northeasterly 15 feet of that portion of
Ocean Avenue adjoining said Lot i abandoned
January 5, 1932 by Resolution of the City. Council
of the City of Newport Beach, and recorded as
instrument No. 249 in book 530, page 54 of
Official Records.
EXHIBIT "A"
fr wY4s:,
B 13J3) 7F0 1 u?2
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 "GIt:
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 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 °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 °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 051100" 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 009100" 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 South 35 047'11" Vest, 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 13937pun 1 80 2 3
South 54 009'00" East, 114.93 feet to the centerline of Orange Street as
said centerline is shown on said map of the Seashore Colony Tract; thence
along said centerline and the southwesterly prolongation thereof
South 35 °47130" 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 sho,.ti•n 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 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 55° 51'30" West, 1520. 68 feet to the POINT OF BEGINNING.
CONTAINING 21.383 Acres, more or less
.It
EXHIBIT "B" Page 2
1
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EXHIBIT "C"
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•
STATE OF CALIFORNIA
COUNTY OF ORANGE
On 2„
signed, a hrotary
peared #OGard c
•
)
} ss.
}
r
gri 1.'.�J37FC �u2�
a , 1981, before
Ilic in and for said State
__Demrsav-&� Mildred m. Df
me, the under -
personally ap-
known to me to be the persons whose name(s) are subscribed
to the within instrument, and acknowledged that they exe-
cuted the same.
IN WITNESS rEREOF, I have hereunto set my hand this
g.2_ day of 19P.
% P_%%%%Y.fL°V .%V6 h0.WRM1'.
OFFIC Iq I. $ERL A���
OWILLIAM J. GLUM � L // /'/
N6TARY PUOLIC � ��`r"�'�
PRINCIPAL OFFICE Notary P lia in and for said
M 4N SAN DIEGO COUNTY County and State
y Commlulon Exp. Nov. 15. 1982
15ARIL'11'Lti9tf7SM1M17511NSA
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
reo
to recordation the by its duly authorized officer or
agent.
<IN WITNESS WHEREOF, I have hereunto set my hand this
day of
SUBSURFACE PASS - THROUGH EASEMENT (G), Page 5
•
WHEN RECORDED MAIL TO:
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California
Ciy Clerk
Deed
ti
MAIL TAX STATEMENTS TO:
83- 311392
JK /MM 12/8/80
Parcel G- 64
EXEMPT
C5
F FICIAL R-
S. ^ TY. CALIFORNIA
Nfhgn of a JUL 2 0 '83
4& ' dCy I ount Recorded
>_1 l �tDOCUMENTARY 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 vaiue less
liens or encumbrances re-
maining at time of sale.
Signature of Declarant or
Agent determining tax - -
Firm Name
ORIGIN1A L SUBSURFACE PASS- THROUGH EASEMENT Ej
FOR VALUABLE CONSIDERATION, receipt of which is hereby
ac!cnowledged,
A. RICHARD KIMBROUGH; executor of the Will of Joy Laverne
Kimbrough
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 equia-
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 producinc oil, cas
other hydrocarbon substances; the easement and -rg`,` of ,,;,;
granted herein shall lie under that certai'm cared of a
a;.
prcnerty situated in the City of Nr:gper.t Reach, Countyof
Orange, Stare of California, and more particularly de7cr'_b2d
in Exhibit 'A" to this Deed and such descrinticn by tfiici _.-
ference is made a cart hereof as thouch eet forth at
SUBSURFACE. 'PASS- T'.:E05GH EASE`F° ;T (G), Pace 1
83 -3i- 3 °2
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
83- 311392
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 (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 cartel, 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 awns
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- 311392
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 ubsur£ace Pass-,Through Eas
ment has been executed this � day of , 198
A. Richard Cimbro4ec4utorj
Grantor
ADDRESS OF GRANTOR TO
WHICH COMPENSATION
PAYMENTS ARE TO HE SENT:
Srl `S' .C� YG�wc�rz �'T �fSbo
Fa nS C ti 4, 4�769 07 1
SUBSURFACE PASS - THROUGH EASEMENT (G), Page 4
Parcel No. G -64
LEGAL DESCRIPTION
• - -..
83- 311392
Parcel 1: Lot 2 in Block R of 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 county.
EXCEPT therefrom the northeasterly 15 feet.
Parcel 2: The northeasterly 15 feet of Ocean Avenue
adjoining said lot 2 on the southwesterly side, as abandoned
by Resolution of the City of Newport Beach on January 4, 1932,
a certified copy of which resolution was recorded January 5,
1932 in book 530 page 54 of Official Records.
EXHIBIT "A"
8 - 311392
DESCRIPTION
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 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 northwesierly 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 boundarf
line of the City of Newport Beach North 35'57'30" East 472.31 feet to the
tented ne of the Santa Ana River as described in Case No. 22797 of
the SuncciorCourtof the State of California in and for the County of Orange
and as shoc✓n on a map filed in Book 65. Pages 31 through 35 of Records
of Surveys in the Office of the County Recorder of said County:
thence along said centerline South 78 600'22" 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 thereon South 7 °44151" West 148.37 feet to a point on a curve
in the centerline of Canal Street as said street is shown on said snap 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
norfheastcrly 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" Wcst. 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 °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
nor!heasterly line and the southeasterly prolongation thereof
EXHIBIT "B" - Page 1
83- 311392
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 54'02'30" 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.
CONTALN24G 21.383 Acres, more or less
At
EXHIBIT "B" - Page 2
•
b3- 311392
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EXHIBIT "C"
-0 .... - .. . . 40
83- 311392
STATE OF CALIFORNIA
ss.
COUNTY OF J
On before me, the undersigned, a tjj ry Pu in hind fo�j said State, personally appeared �_
;Aro /LXPt1 'Kt,mk.)a ')C 0�C 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 _ executed the within Instrument.
WITNESS my hand and official seal.
- OFFICIAL HEAL
JUDITH A. CECIL
NOTARY PUBLIC - 'CALIFORNIA
PRINCIPAL OFFICE IN
LOSS ANOELkS COUNTY
it Qn I &I FxPIn June 14, INS
" 'a a' 6
Notary P blic
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, 1958 , and the Grantee consents
to recordation thereof by its duly authorized officer or
agent.
IN WITNESS WH REOF, I
day of ]
ve hereunto set my hand this
SUBSURFACE PASS- THROUGH EASEMENT (G), Page 5
1
•
4617
WHEN RECORDED MAIL TO: F-Eff, ^.A PT
CITY OF NEWPORT BEACH C J
3300 Newport Boulevard -'-
Newport Beach, California 92663
City Clerk d
Dee
No. /Sb$
MAIL TAX STATEMENTS TO:
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California 92663
•
BK 13937PC 19 ?5
JK /MM 12/8/80
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
-1135 A.M. FEB 4'81
LEE A BRANCH, County Recorder
DOCUMENTARY TRANSFER TAX
.Computed on the con-
sideration or value of
property conveyed.
CID .Computed on the con-
sideration or value less
liens or encumbrances re-
maining at time of sale.
E
FE o Signature of Declarant or
Agent determining tax - -
�.7� °� Firm Name
SUBSURFACE PASS- THROUGH EASEMENT
FOR VALUABLE CONSIDERATION, receipt of which is hereby
acknowledged,
I. MELVIN REIF and MILDRED REIF, 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
B 130 37P0 1S2. fi
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 13)937PC 1927
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
B 1 3937rou 1928
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 a day of , 198;.
I. Melvin Reif {�
Mildred Reif
Grantors
ADDRESS OF GRANTOR TO
WHICH COMPENSATION
PAYMENTS ARE TO BE SENT:
SUBSURFACE PASS - THROUGH EASEMENT (G), Page 4
t'n ') -7
B �/ I 192
Parcel No. G -65
LEGAL DESCRIPTION
Parcel I: Lot 3 in Block K of the Seashore Colony Tract as
per map recorded in book 7, page 25 of Miscellaneous
Maps, records of said county of Orange, State of
California.
EXCEPTING THEREFROM the Northeasterly 15 feet of
said Lot 3 as conveyed to the City of Newport Beach
by deed dated February 15, 1932 and recorded in
book 540, page 172 of Official Records of said
county.
Parcel II: Northeasterly 15 feet of that portion of Ocean
Avenue adjoining said Lot 3 on the Southwest which
was vacated and abandoned by the City of Newport
Beach on January 5, 1932 by document recorded in
t book 530, page 54 of Official Records of said
county.
EXHIBIT "A"
.I
eK 1 V9�7rc 19 3 0
DESCRIPTION
Oxbow Oil Production Condemnation
All those certain lands situated in the City of Ilewport 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 "E:LHIBIT 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 35057130" East 472.31 feet to the
centerline of the Santa Ana Ri�rer 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 °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 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 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, 2 6.45 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 °09100" East, 104.94 feet to the centerline of the 10 foot alley
in said Blocit 8; thence along said centerline of the 10 foot alley
South 35 °51'00" 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 northwesterly
prolongation of the northeasterly line of Lot 4 in Block 8 of said Sea-
shore Colony Tract; thence along said northwesterly prolongation, said
northeas.erly line and the southeasterly prolongation thereof
EXHIBIT "B" — Page 1
r • •
BK 13 3-7 ru 193 i
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 °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 56° 51'30" West, 1520. 68 feet to the POINT OF BEGINNING.
CONTANNG 21.383 Acres, more or less
Via.
EXHIBIT "B" - Page 2
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EXHIBIT "C"
11
STATE OF CALIFORNIA )
ss.
COUNTY OF- ORANGE )
B 1337 1933
On , 19� ', before me, the under-
signed, a Notary Public in and for said State personally ap-
peared I. Melvin Reif and Mildred Reif
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.
3N WITNESS WHEREOF, I have hereunto set my hand this
day of 19 f.
ROBERT B. HOFFMAN.
m Notary Public -Cull iornl0 y /�
PRINCIPAL OFFICE IN
LOS ANGELES COUNTY
My ommission E.P". May 20. 9983 Notary Public C ,. nd 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 , and the Grantee consents
to recordation thereo by its duly authorized officer or
agent.
IN WITNESS WHEREOF, I have hereunto set my hand this
day of /�.n✓�ai�'
SUBSURFACE PASS - THROUGH EASEMENT (G), Page 5
83- 311393
EXEMPT
C5
WHEN RECORDED MAIL TO:
CITY OF NEWPORT BEACH
3300 Newport Boulevard
_ Newport Beach, California 9 �
(.` ity ' I2rk ::T; S CIiY OF '
J Reed " d NEWPOPT RE
AUG 161983
MAIL TAX STATEMENTS TO:
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California 92663
JK /MM 12/$/80
Parcel G- 66
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY. CALIFORNIA
-1149 A "i JUL 20 '83
LEE
ARY 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,
L M S BEACH PROPERTIES, a California general partnership,
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
f
•
•.. .
83- 311393
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
83- 311393
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 (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-
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
It
I
W
a
f
Im
1
83- 311393
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 l'
such Grantor's property or remaining property contiguous to
ithP rrmni -nr's reAl ... vroner*.y interests herPbY conveyed for
TO 442 C
(Partnership)
O
nership] �
STATE OF CALIFORNIA ) 83- 3.11.393
}
COUNTY OF- Ii-CA Nct SS.
A
before me, the undersigned, a Notary Public in and for said State, personally appeared _
Char -t an
known to me
to be A' h e of the partners of the partnership
that executed the within instrument. and acknowledged to me
that such partnership executed the same.
WITNESS my hand and odeal
gnatur I�u
7 A. k ; vl L. rn v. v, T1
Name (Typed or Printed)
1 Thb area for aM.1e1 notedn1 ssn
STATE OF CALIFORNIA
rS.
COUNTY OF_ ra9t--
T On a
before me, the undersigned. a Notary Public in and for said State. personally appeared `
W
W
W
Z
W to be O h ! of the partners of the partnership
a that executed the within instrument, and acknowledged to me
r
to that such partnership executed the same.
WITNESS my hand and fficial, seal.
Name (Typed or Printed)
i
STATE OF
COUNTY
r
OFFICIAL SEAL
JOAN L. SACKSTEDER
° m ' NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
MI Comm, expires SEP 7, 1992
$S.
to me
R03ERT L, CARROLL
-,ems - No'my c.;!:'ic- Cn.liornlo
PRINCIPAL OFFICE IN
LOS ANGE: ES COUNTY
My Commission .Expires October 14, 1983
all
the
sors
L981.
alifornia
for
ON February 3 19 81
before me, the undersigned, a Notary Public in and for said State, personally appeared
Ri chard_8. LeVine , known to me,
to be one of the partners of the partnership that executed the within Instrument, and acknowl-
edged to me that such partnership executed the same.
WITNESS my hand and official seal. ,
Joan L. Sacksteder
NAME (TYPED DP PRINTED)
Notary Public in and for said State.
,�
cl',
R06E`.7 L CARROLL
Nc c r n�a
PR VCI a C fled 1 -V
My Ccmmissian
LOS AN ES frUN ?Y
Expires October la, 19E3
1 Thb area for aM.1e1 notedn1 ssn
STATE OF CALIFORNIA
rS.
COUNTY OF_ ra9t--
T On a
before me, the undersigned. a Notary Public in and for said State. personally appeared `
W
W
W
Z
W to be O h ! of the partners of the partnership
a that executed the within instrument, and acknowledged to me
r
to that such partnership executed the same.
WITNESS my hand and fficial, seal.
Name (Typed or Printed)
i
STATE OF
COUNTY
r
OFFICIAL SEAL
JOAN L. SACKSTEDER
° m ' NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
MI Comm, expires SEP 7, 1992
$S.
to me
R03ERT L, CARROLL
-,ems - No'my c.;!:'ic- Cn.liornlo
PRINCIPAL OFFICE IN
LOS ANGE: ES COUNTY
My Commission .Expires October 14, 1983
all
the
sors
L981.
alifornia
for
ON February 3 19 81
before me, the undersigned, a Notary Public in and for said State, personally appeared
Ri chard_8. LeVine , known to me,
to be one of the partners of the partnership that executed the within Instrument, and acknowl-
edged to me that such partnership executed the same.
WITNESS my hand and official seal. ,
Joan L. Sacksteder
NAME (TYPED DP PRINTED)
Notary Public in and for said State.
U
83- 31.1393
Parcel No. G -66
LEGAL DESCRIPTION
Parcel 1: Lot 4 in Block K of the Seashore Colony Tract,
in the County of Orange, State of California, as per map
recorded in book 7, page 25, Miscellaneous Maps, in the
office of the county recorder of said county.
EXCEPTING THEREFROM the Northeasterly 15 feet conveyed to the
City of Newport Beach by quitclaim deed recorded January 6,
1932 in book 532, page 44, official records.
Parcel 2: The Northeasterly 15 feet of that portion of
Ocean Avenue (Front) adjoining said Lot 4 on the South-
westerly side as abandoned by Resolution of the City Council
of the City of Newport Beach on January 4, 1932, a certified
copy of which Resolution was recorded January 5, 1932 in book
530, page 54, official records.
EXHIBIT "A"
93- 311393
DESCRIPTI014
Oxbow Oil Production Condemnation
All those certain lands situated in the City of Ilewport 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 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 Sur,-eys 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 Mans: thence
along said northerly prolongation. said dividing line and the southerly
prolongation thereof South 7'44'51" West 148.87 :eet 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 54 003'00" 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
South35'51'00 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 _cnterline of the 10 foot
alley in B!cck 8 South 35 °47'11" West. 120.00 feet to the northxesterly
prolongation of the norteasterly 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
83- 311393
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 Fight -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 lire dividing Lots 7 and 8 in Block G'of said Seashore Colony Tract;
thence-along said northeasterly prolongation, said dividi.-ig 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.
CONTAINING 21.383 Acres, more or less
EXHIBIT "B" - Page 2
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EXHIBIT "C"
5
b3- ?11393
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On , 19 , before me, the
undersigned, a Notary Public in and for said State, person-
ally appeared
known to me to be one of the partners of the general part-
nership that executed the within instrument, and acknowl-
edged to me that such general partnership executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand this
day of , 19
Notary Public in and for said
County and State
CERTIFICATE OF ACCEPTANCE
Government Code Sec. 27281
This is to certify that the interest in real property
conveyed by the Deed as set forth above to the CITY OF
NEWPORT BEACH is hereby accepted by the undersigned officer
or agent on behalf of the City Council of such City pursuant
to authority conferred by an adopted resolution by the City
Council dated May 13, 1968, and the Grantee consents
to recordation thereof by its duly authorized officer or
agent.
IN WITNE W EREOF, I have hereunto set my hand this
day of
SUBSURFACE PASS - THROUGH EASEMENT (G), Page 5
•
0
f�CORp�cO 6'I
REQJ WHEN RECORDED MAIL TO:
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California
E Clerk
d _ 5 ��
MAIL TAX STATEMENTS TO:
I
19084 BK 13951P6 55
JR /MM 12/8/80
RECORDED IN OFFICIAL RECORD i
92663 OF ORANGE COUNTY, CALIFORNA
EXEMPT -3 5s P.M. FEB 17'81
C12 LEE A BRANCH, County Recorder
DOCUMENTARY TRANSFER TAX
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California 92663
.Computed on the con -
sideration or value of
property conveyed.
.Computed on the con-
sideration or value less
liens or encumbrances re-
maining at time of sale.
Signature of Declarant or
Agent determining tax -
Firm Name
SUBSURFACE PASS- THROUGH EASEMENT
FOR VALUABLE CONSIDERATION, receipt of which is hereby
acknowledged,
BENNY LANCIA and MARY LANCIA, 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
MAIL TAX STATE.'.5, i7T AS CIRECTM ABOVE
1
L
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 57
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
I
17-1
BK 13 9 5 1 PG
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.
Graatnrfuz the ,r -- undersea,« - -the -purpose- f or= w� =is
Grant is being made and Grantor, for itself,._i.ts` successors
and assigns, hereby waives any_claim for and all damage to
such Grantor's property -or .
roperty -or remaining property contiguous to
the Grant or1 s "real property interests hereby conveyed for
the- pfrposes 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 Paps- Through Ease-
ment has been executed this L day of 1 198/.
Benn Lancia
Diary Lancia
Grantors
ADDRESS OF GRANTOR TO
WHICH COMPENSATION
PAYMENTS ARE TO BE SENT:
SUBSURFACE PASS - THROUGH EASEMENT (G), Page 4
l'
• •
BK 1 39 5 1 P6 59
Parcel No. G -67
LEGAL DESCRIPTION
Parcel 1: Lot 5 in Block R 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 that portion thereof lying between the
Northeasterly line of said Lot 5 and a line 15 feet South-
westerly of and parallel to said Northeasterly line, which
excepted portion of said lot was conveyed by Theo A. Winbigler
and Maude M. Winbigler to the City of Newport Beach by quit-
claim deed recorded January 6, 1932 in Book 526, page 370 of
Official Records.
Parcel 2: The Northeasterly 15 feet of that portion of
Ocean Avenue (Front) adjoining said Lot 5 on the Southwesterly
side as abandoned by Resolution of the City Council of the
City of Newport Beach on January 4, 1932, a certified copy of
which Resolution was recorded January 5, 1932 in Book 530,
page 54 of Official Records.
EXCEPTING from Parcels 1 and 2 all oil, gas and other hydro-
carbon substances and minerals in, on or under said land, as
reserved by Maude M. Winbigler in deed recorded October 4, 1954
in Book 2833, page 137 of Official Records.
EXHIBIT "A"
BK 13 9 5 1 PG
DESCRIPTION
Oxbow Oil Production Condemnation
All those certain lands situated in the City of r1ewport Beach,
County of Orange, State of California, more particular described
as follows:
PARCEL 11G 11s
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
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
centerl ne of the Santa Ana River as described in Case No. 22791 of
the Su�er:orCourtof 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 66 042'20" 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 °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" 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 °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
at
BK 13 9 51 PG 61
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
CONTALNING 21.383 Acres, more or less
k
L'
EXHIBIT "B" — Page 2
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EXHIBIT "C"
LL
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BK 13951 PG 63
STATE OF CALIFORNIA )
ss.
COUNTY OF o-RM )
c�'�X,,
On '? , 19�/, before me, the under-
signed, a Notary Public in and for said State personally ap-
peared Benny Lancia and Mary Lancia
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.
IJN WITNESS WHEREOF, I have her unto set my hand this
day of C /...�,,... , 19"
#-ROBB. HOFFMAN '� Y
ERT
Notary Public -CICE IN0 PRINCIPAL OFFICE IN L,OS ANGELES COUNTY ivion Expires May 20, 1983 Notary Public In and /�or 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, 1�, 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
/Za day of lzF"vR,'W 198/.
n
SUBSURFACE PASS - THROUGH EASEMENT (G), Page 5
B
I
r-
RECOROWf3y�w��t ��r2 Cxi� Ccr
REQUESTED BY
EXEMPT
C5
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
l03 K _1,_ 457556 (73
CITY 01
NOV 30 1984'
C1 JK /MM, 12/8/80
Parce 1 ,G- 68
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
-1234 PM NOV 6'84
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
1
FOR VALUABLE CONSIDERATION, receipt of which is hereby
acknowledged',
ANNETTE F. BOYDSTON, 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
0 844057556
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," whist, 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
84- 4175156
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
land's 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
84- 45756
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, thi Subsurface ss- Through Ease
7.
has been executed this day of � r
(v�1V 198`
ADDRESS OF GRANTOR TO
WHICH COMPENSATION
PAYMENTS ARE TO BE SENT:
iLl- V�,t Ai r,,,
Annette F. Boydston�
Grantor
Social Security Number
SUBSURFACE PASS- THROUGH EASEMENT (G), Page 4
3� -3el —
OG3o
0 0
84- 457556 �;
STATE OF CALIFORNIA
COUNTY OF Orange u`
On October 29, 1984 before me, the undcmigned, a Notary Public in and for
said State, personally appeated Annette F. Boyd 5 t.on .
personally known to me VK
�Fdi3F32hYti( dC�tYtX3. a�sXXdCsstlslCa7 [d5iy?ekr�idir2fe [O.tir.
the person whose name 15 subscribed to the
within insttument and acknowledged that shn cxe-
cuted the same.
WITNESS my hand and official seal.
Signatu
OFFICIAL SEAL
`°�� ANNE M MILLER
� :
'a
NOTARY pUELIC- CALIFORNIA
ORANGE COUNTY
My comm. expires AUG 4, IM
(This area for official notarial seat)
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 Ma_y 13, 1968 , and the Grantee consents
to recordation thereof by its duly authorized officer or
agent,
IN WITNESP WHEREOF, I ave hereunto set my hand this
day of l ''• , 19
SUBSURFACE PASS — THROUGH EASEMENT (G), Page 5
• 04- 45755EP
Parcel No. G -68
LEGAL DESCRIPTION
Parcel 1:
Lot 6 in Block K of the Seashore Colony Tract as per map
! recorded in book 7, page 25, Miscellaneous Maps, records of
Orange County, State of California; EXCEPTING THEREFROM the
Northeasterly 15 feet conveyed to the City of Newport Beach by
quitclaim deed recorded January 6, 1932, book 531, page 62,
Official Records:
I
Parcel 2:
The northeasterly 15 feet of that portion of Ocean Avenue
(Front) adjoining said lot '6 on the Southwesterly side as
abandoned by Resolution of the City Council of Newport Beach
on January_4, 1932, a certified copy of which Resolution was
recorded on January 5, 1932, book 530, page 54, official
Records.
EXHIBIT "A"
• 84 -4556
DESCRIPT101i
Oxbow oil Production Condemnation
All those certain lands situated in the City of tlewnort 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 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 Ne %wort Beach, said northwesterly boundary line being the
southeasterly line of Summit Street, 30.00 feet in %vidth, as shown on said
mao of the Seashore Colony Tract, said point of beginning being a point in
the boundary line of the land described in the parcel ent ^tiled "ESZ- - - -iT A
TO SUBSURFACE EASEMENT" recorded in Book 2524, Page 331 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 412.31 feet to the
centerline of the Santa Ana Ri ^rer as described in Case No. 227-97 of
the Super:orCourtof the State of California in and for the County of Orange
and as sho:vn 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 a4iscellaneous ✓laps; 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 mao of
Tract No. 772, said curve being concave northerly and having a radius
of 685.44 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 mao 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'heasterly line of Lot 10 and the southeasterly prolongation thereof
South 54 °091 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 Bloc", 8 of
said Seashore Colony Tract: thence along said = enterline of the 10 foot
alley in Block 8 South 35 047111" West. 120.00 Peet to the north%%esterly
prolongation of the not-t:-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 prolorn .gation thereof
EXHIBIT "B" - Page 1
84 -45A6
�r
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 35 057'30" West, 276,10 feet to
said centerline of Ocean Front as said street is shown on said mar)
of the Seashore Colony Tract; thence along said centerline
North 55° 51'30" West, 1520. 68 feet to the POINT OF BEGINNING'. I,
CONTA='G 21.383 Acres, more or less
F•.
EXHIBIT "B" - Page 2
•
84 -4056
.5
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EXHIBIT "C"
,
0
'DONNA 19102
v
WHEN RECORDED MAIL TO:
�Q
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California 92663
City Clerk
Deed
No. %5
MAIL TAX STATEMENTS TO:
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California 92663
BK 1395 1 PB 219
JR/MM 12/8/80
Patti `G— 69
RECORD €DIN OFMIALfl 'OR
OF ORANGE COUNTY. I 0 )�
-gss P.M. FEB 17'81
EMPT LEE A BRAW County Recoraer
C2
DOCUMENTARY TRANSFER TAX
Computed on the con-
sideration or value of
property conveyed. r..
. .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,
LAURE I. ABU- HAYDAR, 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 13951 PG 220
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), Paye 2
•
8K 1 395 1 PG 221
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
i
•
0
BK 1 3 9 5 1 pG
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 S9surface Pass- Through Ease-
ment has been executed this , r ` %! day of ;., ,,.,: -./ 198!.
Laure I. Abu - Haydar
Grantor
ADDRESS OF GRANTOR TO
WHICH COMPENSATION.
PAYMENTS ARE TO BE SENT:
i_71CCF 7 /7i.F _.
- ?l F
`� 77;x'
C'
SUBSURFACE DHSS- THROUGH EASEMENT (G), Page 4
222
A
BK 13951 PG 223
Parcel No. G -69
LEGAL DESCRIPTION
Lot 7 in Block "K" of Seashore Colony Tract, as per map
recorded in Book 7 Page 25 of Miscellaneous Maps, in the
{
office of the County Recorder of said County.of Orange,
State of California.
EXHIBIT "A"
1
•
L1
BK 1 395 1 PB 224
DESCRIPTIOU
Oxbow Oil Production Condemnation
All those certain lands situated in the City of Vewoort Beach,
County of Orange, State of California, more particular described
as follows:
PARCEL 11G it
Beginning at the intersection of the centerline of Ocean Front (formerly
Ocean Avenue) as said street is shown on a mau of the Seashore ColonyT 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 boundarf 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 "E.Ki3IBIT 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 descrribed in Case No. 22797 of
the Supcsior Court of the State of California in and for the County of Orange
and as shoran on a mats filed_ in Book 63, 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
So: -j ;h 66 042'20" East, 643.27 feet to the northerly prolongation of the line
dividing Lots 6 and 7 in Brock 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 143.87 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 °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 foo: 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
alley in Block 8 South 35 °47'11" Nest, 120.00 feet to the northv.,esterly
prolongation of the northeasterly line of Lot 4 in Block 8 of said Sea-
shore Colony Tract: thence along said northviesterly prolongation, said
northeasterly line and the southeasterly prolongation thereof
EXHIBIT "B" — Page 1
BK 1 395 1 PG 225
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 Maas; 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 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 55°51'30" West, 1520.68 feet to the POINT OF BEGINNING.
CONTAINING 21.383 Acres, more or less
EXHIBIT "B" - Page 2
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STATE OF CALIFORNIA
ss.
COUNTY OF
On !: "< : % %` before me, the undersigned, a No-
tary Public in and for said State, personally appeared
Laure I. Abu -Hagar , 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.
=TNA30 iiCx3 uo!ss!wwo7 6yy
/ /�'
9Ntl $O} ON!na x ew_ Not ar /Public
nd dio {oN 1a3a0a
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.
N WITNESS WHEREOF, I have hereunto set my hand this
__Z_ day of �'lrrrW// 1l9al.
SUBSURFACE PASS - THROUGH EASEMENT (G), Page 5