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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 c+- s a ,[i •1 / �. rt isi � i }SI�S.rt�.l[�n 'vl ' — � Wis " s a ,_�,_.._.i I c. ♦ -_ Y WX ] LL O 4 _• � 3 T V N Z. UJ �, •J b �� GC vC4 ban 1 ���Ej L_ W n °< I H • Y\ W o m [IM Qo 'i GH;a x i ui 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 „ S.;6 : !ei- � ;S ol� t c \ • 'o s f m $ 1� � � I t ., � Io _ 1 VE a EXEIBIT "C" 5.: �3 3� C• • 1 n 0 �+ U Q_ wa L ie W0 4� T Vu OJ Xi , LU , U Q W m H cc CL �y CY W � IL z Vim_ i woa i r P ' 0 �7V V� SSG 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 • < i aaaa?Tyyyy�C V I Y a ! i cat ul > I t i •C 1pi L _f! .q.MAf 1 r I xa x 1 W x _ 4l Ul K _ 2 J 8 y Y 1 4c QL A. r t3 2 O K Q NO F I I <p u 1. all W xx 3i n Np % T 9e z 1 > I v A �I r uj ae � it L 111 a �'� \ b•�3s!\L' u m nm }i,ct li b d.pg TA _r II W<` i1 ZJu 1Wli M � O O .y V T% Y:W as 41 F_nz 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 1 la\�✓° i, i 1 1 �. ^ ° /yy aY s ..r is I� � M '�/�• I^ ^,7_ L Oil i - a ax a .i Oil ;rE!I X ki aw6ld �a zi tz r r . Q 'b t Z!: o U. a4 o� -u $'o •\ Ana W ~?a` W = +of W EXHIBIT "C" 0 • 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 U I • 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 J W CD (31 O -0 G? v CD M STATE OF CALIFORNIA ss. COUNTY OF -qN l-RVe rsPE ) W X 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 V �t ; C3 w 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 E "'.I3IT "A" 0 W co (31 O -v V J i_J 6Pw Sr 2 J�a I No i old Ia n f11 2r4 6z�^ sr F < y o a I �O' I Li 60"ST r Imi � W L Z � � � .,•ems 9 L -.l p li. I Sd ^Sr In I •j: r�� N r II ` J W I `• fit. I �dI I �I m I@ � I N� VO N_O N J a-� N �P �i 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 ILL F- L -j r1i t SOMOIVA LJ LJ r.7 LJ LJ m F-] F- 'K u L'�j Li LJ U ORANGE •, SONORA ST 14 L N !e, Li STREET F-- j pr-V 9t�j,cBchj.cWVliamcFzbv 6&- c-;I&sx;ciates 'CALL I "ELO DECEM&ER 4. 1580 '.200, 10.1. 20557- Y j pr-V 9t�j,cBchj.cWVliamcFzbv 6&- c-;I&sx;ciates '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: tF 4-1 LU ca CL iV 0..W EXHIBIT "Cn O z JZ ca LU ca CL iV 0..W EXHIBIT "Cn �1S.-N4 "t V, hX' 1 :1: -� - . , 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 0 1. 84— OC7437 f � r 8 pi i W c x.01 .: •.�: Q •�i u i Y ♦ PAP �d ` °. M1 I.S a •` w is is 3 u L:rc a �I z c OI " ii ;•/ - z g � UI � r � Wo I I MM} z JL� � W �- qi 40 Sy _ I� a hl �' I� re �W ' LU J ' I � 16 a, w nct :l•� �10y! - 4 Y g Z s y =•,z 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 MS T- IILL��II� p T� /�\ r �� •• - ,I1�,11 . IIIi t sl Ij Y Q Z m l9 2 � 0 6 .Y oe C - Q 3K • �� oy4• I...I M I z � �u °` � ♦ 4.1 vw.ve W c ol uj � I -yg ti I I m ° a.. `Y 111Cto.UtlltN = z I o- °" c Lu W- s Ll. zi i —o: i Z: LU o: F- oz 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 r ` cl, 9\ r °iFQ p \i EM GOA 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 1 M MV r La s n Is x T 2 = .. t9 W e ^! �y� l � s• vo _ rY ur Li W �m �iWW 88" v l4c 3I. o ^VJ 'z no c s ;ICI C W a pa 9 Y7 � %• i fd } K � ._i O T } W. o• S u l b••Vn ' ti_ -_ W e+ woos � 's van LOS. ur: . a O i os co ro K. L uj soo ,d Y U i -s Qi(—mj 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 r PA's a uI � = g w s r. 8 K Y � a m QF jo UJ ° .ns C o' s g W J ] O s- LLB( W ° Y / W =mu 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^^ P C � 1 °4 1 op P. ,• F + i I t � � I •" ra r I'K W I al a 2 _ r Yz co W x m > � C 3mz Lij 5 i'p °z oe �\ .oiL•�. i ���Y sc i W of hl�"'nz 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 �' q �.1j :¢✓ 'log � F i iV 4/ to r• i EXHIBIT "C" �i Qzr Y z ol1� I2 00 0 2 <; Xo 0 W `no A V a W [f1 H O � doz W>� Z�- lL Y r� °O aH`a Y W e c H�z LJ 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 L 'i 1; SI ¢ 0 tD 8 •� z I � t,. f.I + x 21 `_ y. 1 � a it '• � L •z ) r i I • H LII r7 Ft- L,e�+� L <> b4 J � •f.1411n y � yY11pH1.. '. 'V I ��j' Ir iZ '� I W { u.. 2 a � I !n4,OLlLLIn { \ ^i ,•p1i R. 1 do Sax �a _ I y WWI z ° = 40 ° •�� A' w.H�x W o i w =o; 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 �.Y •f /icy >y,, y, T'6.�8''i' 'w_• LJL'''II f7i 99 s jr UJ +� W ,y uw.n aexnu ssn O pis• � =b fie, d =� 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 `/ Sf 8ti a .Lr .F �f-All T I i p1 y 1 W x - �� 0 a s 0 _ W �4 0 = 6 y pi o y •:8 r V — W Im EJ el W xK \ gib. �`� ,1� � �' ':.•JIU � _ W �. '• : ♦ I ' r.�'+r -i to . 1 4'i{a [tw l'wwnl 0 y�5 � aLLtoe W.=T` ni 41Hna 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 ,r AlR� $ Via} 'a` %� 1. °;; ,• � s i as �1 -__ ;•_w a w c a�'13'r_z ce $ I Y � q yl "` h/- � {r h*/i• y 8 ap� "e ao+MJ U ;z w'•' I `�•-�. e W gig � w� �• • ; ,y � - .� - a• i hY. iai ' •i0."I V t ' "� I l.. EXHIBIT "C" CYi o MIL r ! i z 0 0 N W� JI Ww " Jf O m O is � 00 V <o OJ X�r r-o WI0 Q 4 ix l W co ts 31wMn ¢ lay, 30z Y\ O Y W.H30 C.W os Qlhmi • 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 Y . ♦ P.e � a y �,.: y i 8 = 1 a •,�Y. 8 3 S ,b I M W .� \• 3 , -.c� i 1 �•r, r J • � 14 � 1 - I 1� � 51 •� b tg �m � : 1 '' �JU Lam_ a � � \ a r � �I iw• V LLI \ I m •.i `\ ti. y^ I I F • pia .� nn uutau� � u••. 4 < Lu 4: Yin: 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 DIP 1 'fin n-+ RP6 5 I f1 V n 1 � yy v",Y'.1 •� 'l �s.l F I a 3 <'21 "Pox ^8 • � `I W "a1 an is o- ua. y m a t =e a Uwz 4 IY�Wy. 1 a l » ao W u r 4. 'u .• W ma :: Y Lh uo"...a{ f � r1L I �+ Q r I K iQpLRLflfN ` +3 eayo" UJ i1F�ni 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 I [ i� f�`• .yy\ an �� �� L •j9 I i � �`• • ..0 Ii U - C I I Y I I i / it to Lij r� e a I � i W „ t 1 rya � •a � S i I \ < V lu •I �o ew r U CI4N G[X nwn[ p ° '. o�y3 �'" I � .III I I m1 ao� \ Y W a Z I \b •• V < J' LL 'o i zw o� W.'S..ow.v. 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 i U nil EXHIBIT "C" LL r2 1W j ilia 21 z E ZZ s %1K rdfj� jlZj fl 11111 LU CL. LU ZI: z Lu 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 i =' 4•t . t ' 4} • ?1 J ,rte i N s. c •f 5 `G� s n - •• jl9i a I2� i co sF tr°• Va W o 'it cn j 4 : � ii �J I r• e 8 Z >° Llj Luz W o 2 = ; i.Hnz 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 A L I 11w ay O EXHIBIT z VZ aV R W lei LU Ys 0 2 -cc ui co LLJ 4 W o e t =Oj C —.l BK 1 395 1 Pc 227 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