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HomeMy WebLinkAboutOil Subsurface Easements - West Newport Parcels G-70 to G-95. •.Yil Iit1 � �. 1. }TI 1 �Ii1 Il yi: �' H Ip YJI ! 171 h8� /.'D PI ryw• SI ORIGINAL RE0OFMED 1sD1 1 N' 1 H' I• 1 1• CITY, S FILE OUR 1 . 03P. 11' Iq9 DO= 1 " 1 4D1 al�h not serve F -1 GAYLORD, JAMES M. 1 /15 / .81 1/26/61 2/4/81. D /26/81 1 /15 /81 /26/81 F -2 WILIS, EDITH M. F -3 SIDGWAY, RICHARD L. 1/15/81 19/81 2/4/81 IKp served /26/81 • F -4 SCHUMANN, ROBERT W. 1/15/81 1/20/81 1/26/81 1 /ls /sl 4 -I -81 . F -5 SHERANE, RAYMOND 1/2.6/81 1/31/81 1/15/81 1/26/81 F -6 MOODY, ROBERT L. 1/21/81 S 6 WIF o�3D181 1 /ls /sl . F -7 CITRANO, VINCENT J. 1/38/8 2/17/81 1/27/81 2/3/81 F -8 MAARSE, JACOB 1/15/81 1/22/81 2/4/81. o1�b4$I not served 1/26/81 ..... _. ..... .................. _....., .,... _..._........._....... _._ ....... ... 1/15/81 4'�•$J 1/20/81 1/26/81 F -.9 NEW SON, IRENE M. C- I • 9J•• V W, Y91 IJ 11 l yJJI ,a J1 I S" yz *Cal (e � I J mm zi D wo) -'i 11 %1 w4dPw V I r m �-11104p-m F" FWw-'7-blff '7071 K47-• 1 44-81 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 BRAG; 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 XOLL, DONALD M. 1/30/81 2/5/81 1/15/81 .............. . ... . ... .... ........ .... DAM ORIGINA PAPCEL NOGOTWIM CAM r2m DWD It =IN riu• low CCMMm4sae SIGNED RECORDED CITY'S FITE CUR FILE F-181 LINICK, HAROLD M. 1/15/81 1 1/21/81 us & Wife 1/26/81 F-19 BANNAN, BERNARD J. 1/15/81 1/22/81 2/4/81 not served F-20 NORLUND, BRUCE L. 1/15/81 L/19/81 2/4/81 not served BFUN, FlOGM & LINDA CO- trustees 1/15/81 L/21/81 2/4/81 not served •F-21 F-22 BLACKMAN, ROBERT 1/15/61 1/19/81 1/26/81 F-23 RICHARDSON, ALEXANDER 1/15/81 F-24 F-24 EATON, MARIAN H. WEST PROPERTIES 1/15/81 1/15/81 1/15/81 . 1/23/81 19 /8 1 ...... ........ . 1/28/8 1/26/81 F-25 DANIEL, LA VEATA B. . ............... .... .. ,, •. If •nr• -eao ,ra is r• r ,aa, ,.a a, r.a a� r r•.• r __�u• arc � ••,,: '.,:r:•, r rr, •.ar•�•�.a, � • � y�• a� • a > BARME, MICHAEL F -26 F -27 SCHUMANN, WILLIAM C. 1/15/81 V19181 2/4/81 not served 1AiN5111 not F -28 PERRY, ALLEN W. 1/15/81 1/21/81 2/4/81 served - P-90 TCV.T.T.OGG. DALE 1/15/81 /26/81 - 1/15/81 /26/81 F -30 KELLOGG, DALE - F -31 RUDLOFF, LORALYNN. 1/15/81 1/21/81 ./26/81 F -32 GAYNER, WALKTER R. 1/15/81 1/26/81 1/20/81 1/20/81 1/26/81 1/15/81 F -33 TANSKE, DORIS J. M. 1/15/81 HuS6Wife 1/21/81 1/26/81 F -34 KESSLER, MARY .. - - -- --- - - °--- - -'-`-- -- - - - - -- -'-- -'- ---- ----- - - - - -`- '--'--- ._.. ---- -------- -- 'f----- °...... - i ---'-_--.._..._ .......... `----- DATE ORIGINAL ' OH 'DE PAXEL NEGOrIATICNS riumm DEED DEED IN COPY IN u ,d'�a• • o�l FCOI RECORDED CITY - S FILE OUR FILE SERVED $21THS EFFECTIVE CalPLAINT DATE • • • r F7777;4 5 1/15/81 F -35 VOGT, . KENNETH F. .1/23/81 2/4/81 ala5�b� not served F -36 DI CORPO, NELLO O. 21181 2/4/81 `` 'aI` AJJ�� not served 1 /15 /61 (CHELF) Hus &W aw, FRMERICK AND 1/15/81 :/21/81 1/26/8 F -37 NEWMAN, JOHN OMAR F -38 PEGRAM, WANDA, 1/15/81 .1/22/81 1/26/8 L • ARMSTRONG PETROLEUM 1/15/81 F -39 ARMSTRONG PETROLEUM F -40 1/15/81 F -41 RUMHELLOW, VICTOR G. 1/21/81 1/28/81 .1/28/81 2/3/81 2/3/81 F -42 RUMHELLOW, VICTOR G. 1/21/81 ., ......... _... .. ,.._.._.. ., — ..__.., .._. - ._..�. .,.... ._.,._._. ...._._ ..... _ ..... _. ...... _ ......... _. ....... ____. --- -.....�._,.. F -43 RUMHELLOW, VICTOR G. 1/21/81 I 1/28/81 2/3/81. i DO So "DAkq'PIDP�@, 1A Z•+ .jmmx. =1 � - 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 1/15/81 ./30/81 2/17/81 served ........ ... F-49 MORRISON, MEL 1/15/81 L/30/81 2/17/81 not served F-50 MORRISON, MEL 1/15/81 1/31/81 2/17/81 ...... not served ------- F-51 BROWN, VALERA G. . ....... .... . ... ..... .......... ....... ....... . . 1/1 5 /81 . ......... . ... ....... ....... .......... F-52 BROWN, VALERA G. 1/15/81 ........ ... G-1 HUNT, JULIA G-2 HUNT,JULIA G-3 HUNT, JULIA � ' G-4 HUNT,JULIA G-5 HUNT,JULIA G-6 ` HUNT,JULIA � ' SERVED kjfj�-,,Y�,*-a SIGNED MMVED CITY 'S FILE MR FILE & 03B Olp l/2l/Vl l/2l/81 l/2l/8l G-7 HUNT,JULIA G-8 HUNT,JULIA l/2l/8l G-9 HUNT,JULIA ! i i 0 ,---_---,'-'-'' __~�-_ .-__�_i'-------_--����� | SERVED DATE ORIGINAL RECUPDID &[FM' s EFFECTIVE PARCEL NEOCTIATICNS DEED DEED DEED IN COPY IN 5 CUMPL ANT DATE MIIANFIi NAME COMMENCED SIGNED MOOFDED CITY'S FILE OUR FILE 6 OIP• OIP ANSWERED DISMISSED G -10 HUNT, JULIA 1/21/81 1/21/81 G-11 HUNT, JULIA . 1/21/81 G -12 HUNT, JULIA i G -13 HUNT, 1/21/81 • .JULIA G -141 HUNT, JULIA 11/21/81 G -15{ SIGNAL LANDMARK, INC. G -15 WILLIAM, W. G -16 SIGNAL LANDMARK G -16 ORMEROD, MELVILLE J. . pArcm NUMBER NAME G-171 SIGNAL LANDMARDK, INC. G-171 BRADLEY, MYRON BRUCE G-181 MIJARES, ERNEST R. DE YOUNG, ROGER AND MAC GREGOR, CHARLES E. G-201 SIGNAL LANDMARK, INC. G-201 JARVIS, JON G-211 SIGNAL LANDMARK, INC. G-221 TERRILL, P. G-231 BORTHWICK, DONALD G. SERVED ORIGINAL •fXORDED $21IMS EFFECTIVE NE)GOT7ATIONS raar raar f?.Fn IN •WY IN & COMEIAINT DA 32 ,we,. I 57N Wn Sjwk,51, CN.V I S FILE OUR FnE & oip Olp -ANSWERED DISMISSED ... .... .......... ... I I I .I SERVED DATE ORIGIHhL RDJJI4IFD SLRMS EFFECTIVE . PARCEL NEGOTATICNS DEm DEED DEW IN COPY IN S COMPLAINT DATE NCI4= NAME CCMMENCg'D SIGNED RECORDED CITY'S FILE CDR FILE 6 OIB DIP •ANSWERED DISMISSED G -23 SIGNAL LANDMARK, INC. G -24 SIGNAL LANDMARK, INC. G -24 BRADY, P.L. G -25 SIGNAL LANDMARK G -251 WILLIAMS, EVAN G -26 DEMOND, ELAINE G -27 MILLIGAN, ALAN L. G -28 BORTHWICK, DONALD G -291 GRAHAM, JAMES K. ORIGINAL •IU•M PARCEL NEGMTUTIMS nym DEED DEED IN COPY IN JN—W, —DUAME CM4WED . SIGIED ISOMMED CITY'S FILE CUR FTT z. Syr SLMNS EFEWrIVE & CCMPIAINT DATE & 03P. OIP G-30 BRADY, PHILIP L. 1/30/81 G-31 REYNOLDS, BERNIECE 1/30/81 G-32 PETERLIN, MARY GRACE 1/30/81 ?/9/81 2/17/81 G-33 BENSON, BEVERLY -/30/81 G-34 PATTISON, GWENDOLYN R. /30/81 2/10/81 2/16/81 G-35 EARLE, HOWARD J. L/30/81 L/30/81 G-35 LAWRENCE POLLOCK MD INC. PENSION AND PROFIT G-36 CITIZENS COMMERICAL TRUSI & SAVINGS BANK OF PASADE14A 1/30/81 G-37 1/30/81 THOMAS, ROBERT M --------- -- ............ a ".1 SERVED ORIGINAL •BOORDED SMM EFFMCTIVE F*EED IN COPY IN & cawrAim DATE crrvs FILE OUR FILE: & mp. DIP G-38 LOMMIS, STEPHEN C. 1/21/81 1/21/81 NOT G-38 STEPHENS, LUCILLE 1/30/8 2/17/81 SERVED G-39 not 1/21/81 served G-39 GRIFFITH, RUSSELL 2/3/81 2/17/81 . . ......... . • G-40 GRIFFITH, RUSSELL 1/21/81 2/3/81 2/17/81 not served G-41 SORK, LAWRENCE J. 1/21/81 Wife - ------------- G-41 ELLER, RICHARD J. 1/21/81 2/3/81 2/5/81 1/21/81 G-42 FAGER, A. EUGENE ...... ......... ......... ............. ...... ...... ...... ........... Hus&W G-42 SEMENIUK, WALKER S. 1/21/81 . ... . ......... . . ............. ....... . .... . .... ...... -- ----- .......... L/26/81 .. - .. ... .. ....... ...... 1/31/81 ........ .... ...... . Wife G-43 PETERSON, JAY T. 1/21/81 1/30/81 2/4/81 SERVED ORIGINAL REcDFum 9DMS EFFECTIVE DEED IN Coff IN & COMPLAINT Mm CITY'S FILE CUR FILE & 03B DIP E�Npl G-43 MOE, COURTNEY V. SOLD TO VANORDLN VANORDEN 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 1/30/81 2/17/81 ul 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 .......... _- - -- -- ---- 3Pqlgl .... .... . ....... ...... ... .. .. .... -------- ----- - ---- ------------ -- G•50 BOADWAY, SHIRLEY 1/21/81 1/28/81 1/24/81 not served fM101,010=114 4 POP I M�q I I - 1/21/81 G-51 BENFATTI, ROSE lus&Wife 1/21/81 L/28/81 2/3/81 G-52 PAGE, ALEXANDER E. J 107P 1/21/81 G-52 BEDOR, PRESTON C. 2/5/81 2/17/81 • G-53 HOLMES, DALLAS S. 1/21/81 G-54 NEVIN, ROBERT B. 1/21/80 Bus &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 ---------- 1/21/80 .... . .............. .... ..... ........... ..... . ... ... ..... 4.1-91 ................... JOHNSON, DAVID H. .......... ......... .. . .. - G-57 WILSON, PETER A. 1/21/80 . ..... 2/3/81 . ........ 2/8/8 ................. — DATE ORIGINAL R(ZORDED PAPCM NEGOTIAUW BOM r)pm DEED IN CWY IN hT%7m NAME CCftgW= SIGNED F=RDED CITY'S FILE CUR FILE SERVED SLR*MS EFFECTIVE & COMIAUU DATE & 03P. DIP = 34 -.4 s Plw-Tr-9S= a 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 3 1/28/81 2/17/81 not G-60 MOORS, J. CLARK 1/21/81 served G-61 BRINTNALL, RUTH E. 1/21/81 1/26/8 2/17/81 --- -- ------ -- lore-1/30 - /5/81 G-61 TUTTLE, JAMES O. 1/21/81 G-62 G-62 BRINTNALL, RUTH 1/26/8 2/17/81 ------- ------- 1/21/81 9-63 DEMPSAY, MILDRED- 1/21/81 1/22/8 2/4/81 .................... . ....... . . . ........ alga ................ . not served ............. ........ ........... G-64 KIMBROUGH, LAVERNE H. 1/21/81 .... . .. Hus &Wife ... ...... ....... ... ......... ...... G-65 REIF, I. MELVIN �101*1 1/21/81 /23/81 2/4/81 . ....... .. ------ — ---- ------- -- 1 1) 9 1 WWI 0 WWI * • �41DLM`Dmme MIND ZO.'. NO SERVED ORIGINAL RECORDED SUKIMS EFFECM DEED IN COPY IN COWLAINT DATE CITY'S FILE CUR FILE DIP, •I• G-66 L M S BEACH PROPERTIES 1/21/81 1/29/81 2/5/81 1/26/81 2/2/81 G-67 LANCIA, BENNY 1/21/81 Bus &W G-68 BOYDSTON, ANNETTE 1/21/81 1/30/81 2/5/81 • G-69 ABU-HAYDAR, LAURE 1/21/81 L/29/8 2/17/81 1/29/81 2/4/81 G-70 SANTUCCI, DANNY AND MARY 1/21/81 G-71 HENNINGSGARD, WARREN I. 1/26/81 30DR%l 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. • WDc SERVED smws EFw=n)E & COMIAWT DATE & DIP, Dip MPITM10-910 I �l G-75 SAURENMANN, MARGARET P. 1/26/81 2/9/81 2/17/91 G-76 GREITZER, STANLEY 1/26/81 G-77 SPEARS, HARVEY M. 1/26/81 • G-78 MUNNS, CHARLES R. 1/26/81 2/10/81 1/16/81 G-79 FAURIA, RAYMOND L. 1/26/81 G-79 SOYOLOFF, PETER .1/26/81 2/4/81 2/17/81 not served — ------- -- --- 1/26/81 G-80 FAURIA, RAYMOND L. ........ . ..... .... . .... not . ......... ... . ........ ....... . .............. G-80 SOYOLOFF, PETER 1/26/81 served 2/4/81 2/17/81 ------------ ------ ---- - - -- ------ ---- ---- ------------- - ..... ... . ...... . . ...... . .. . .......... ..... G-81 FAURIA, RAYMOND L. 1/26/81 ------------ ------- -- ............... ................... DATE ORIGINAL FECORDOD PARM NEGOTIATIONS DEED DEED DEED IN COPY IN �T � M�� IT. LV. if.,ft-Mew", SIirkTn '-i5.",mcED C-V-W,"S FILE CUR FILE SERVED $LMNS EFFECUVE CU4>IAINT DATE Olp. DIP Mi�•,ar r . t ynr G-811 SOKOLOFF, PETER 1/26/81 2/4/81 2/17/81 ww not served 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 GOOM, AIM /9 /81 2/17/81 /Al G-83 KANEKO, JOHN S. 1/26/81 2/10/81 2/17/81 I G-83 WILSON, ANN - 2/10/81 — 2/17/81 31-:06) . . ....... .......... 1/26/81 G-83 GOODE, ALAN L. 1/26/81 ..... . .. I ..... ....... --- ----- ........ 3^1 .... .. ........ ... .... ... G-84 WILSON, ANN M. ..... .. 1/26/81 '_--............ /9/81 - -._ 2/17/81 bbl . ..... .. .......... ... .... . _. >.:_...- G-84 KANEKO, JOHN S. 1/26/81 2/10/8 2/17/81 . . .... ........ . ..................... ................ nFkTE ORIGINAL PAFaZ NWOTIATIQNS DEED DEED DEED IN 104%Rl 5VAITOW"I SIvCm1i T�IiNUM CITY , S FILE OUR F9 SERVED SUbMS EFFErrnm & CCMpIAINT DATE & Olp, Olp m� 1/26/81 G-84 GOODE, ALAN L. lus & Wife G-85 VALENTI, RUDOLPH J. 1/26/81 2/10/81 2/16/81 1/28/81 2/4/81 1/26/81 1/2 9/81 2/17/81 G-86 JACOBS, JOHN W. HILBERT, BEULAH 1/26/81 ............. • G-87 — ----- ----- G-88 NIXON, MARIAN W. 1/26/81 G-88 TARANTELLO, ROCCO D. 1/26/81 G-89 WHITE, NORMAN PROPERTY SOLD 10 ..... ..... MCCALL . ...... .... .......... ...... ............ 2/3/81 2/8/81 .... .. .. 1/26/81 G-89 Mc6ALL, GEORGE W. Hus&Wife G-90 BERTOLINO, PIERRE 1/26/81 1/29/81 // 10/81 2/17/11 DATE ORIGINM RECO•arorw PARCEL N=IATICKS r"n DEED nEED IN COPY A IT'UMP VLug E, SIlFcm--Q6'v'4m' CITY'S 1 F SERVED SUK4CHS EFFECTrJ3 Ca%OqAIW DATE Olp OIP 0 �1139 1/26/81 G-91 STOMEL, PATRICIA A. 1/26/81 1/30/81 2/5/81 G-9; MORIARTY, TED J. 1/30/81 2/17/81 1/29/81 (Hus&Wif02/4/81 G-93 BOOGROV, SAMUEL J. 1/26/81 2/3/81 2/17/81 G-94 ANARADIAN, LEON 1/26/81 -1/30/81 2/17/81 G-95 LAUTERJUNG, LOIS A. 1/26/81 2/2/71 2/17/81 G-96 RICHARDSON, EDWARD 1/26/81 /29/81 2/29/81 .. ....... . G-97 BRIETHAUPT, PAUL D. 1/26/81 /29/81 ....... ........ 2/17/81 ............I._..... . .... . ..... ........... . . ......... ... .... 3071gl — ..... ... /28/81 ....... .. 2/4/81 ...... B-98 NUGENT, WILLIAM R. .1/26/81 L/28/81 2 17/81 3','p Wife &Hus 2/3/81 2/8/81 G-99 MAYS, ROBERT E. 1/26/81 2/10/81 2/17/81 ------- ------------- SERVED DATE ORIGINAL RECORDED SlR9`MS EFFECTIVE PARCEL NEGOTIATIONS DEED DEED DEED IN COPY IN 6 CU01AINp DATE NLb41ER NAME SIGNED RECORDED CITY'S FILE OUR FILE 6 DIP• DIP ANSWERED DI SSW G -10 HOAGLAND, DONALD L. 1%26/81 G -10 BOYSTON, ANNETTE F. BIKHAZI, HENRY B. G-10A HORNER, JOHN H. G-104 EISEN,. HERBERT L. G -1D BOILHAUMER, JOHANNES i G -10 BOELHAUMER, JOHANNES G -10 SMITH, DANA H. G -104 JOHNSON, JAMES L. 41011 i 0 . ' lilt faaf SERVED ORIGINAL PaCDRDED SLUMS EFFECTIVE DFED IN COPY IN & COMPLAINT DATE CITY'S FILE - cuR FILE & oi P, Olp G-10 SETTLE, J.E. G-11 BRYANT, KENNETH A. HUNTA, WILLIAM C. G-11 SUBBIONDO, BLAISE OWNED BY CI q Y OF NEWPC RT BEACH G-11 NEVIN, ROBERT G-114 NEVIN, ROBERT G-11! NEVIN, ROBERT ..... --------- -- - ---------- - -- - -- -- ----- -- - ------------ - ------ - ....... G-116 NEVIN, ROBERT ..... G-111 NEVIN, ROBERT — - ------ - ---- ------ DATE ORIGINAL RECORDED PARCEL NEGCTIATIONS DEM IN. COPY IN Y3� NAME OU44NM SIGNED RECORDED CITY'S FILE OUR FILE SERVED SUPNIONS EFFECTIVE 6 COMPLAINT DATE 6 OI P, OIP G -116 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 TURNSOW, MAURICE I i G -126 TURNBOW, MAURICE J4BER NAME G-12 TURNBOW; MAURICE TURNBOW, MAURICE G-1291 TURNBOW, MAURICE TURNBOW, MAURICE G-1311 TURNBOW, MAURICE G-132J TURNBOW, MAURICE G-133 TURNBOW, MAURICE G-134 TURNBOW, MAURICE G-135 TURNBOW, MAURICE SERVED DATE ORIGINAL RECORDED SWN6 EFFECTIVE NEGQTIlP6TIQKS DEED DEED DEED IN COPY IN & COMPLAINT DATE CU44nim SIGNED RECORDED CITY'S FILE OUR FILE & 03B OIP ANSWERED DISMISSED --------------- ..... .... .... ............... 1. ........ ........ . . .... ......... -- SERVED ORIGINAL RECORDED SFW"S EFFECTIVE DEED IN COPY IN & COMPLAINT DATE CITY'S FILE OUR FILE & 03 P- DIP ANSWERED DISMISSED G-142 KAGNOFF, DAVID B. SOLD TO TANDEM EQUITIES WHICH WOLD W) MARINA kPARTMENTS,BALBOA APT. A9D GRANT APARTMENTS 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 ...... ....... ...... • 1/30/81 . ........ .. G-142 GRANT APARTMENTS 2/5/81 2/11/81 G-143 KAGNOFF, DAVID G. SOLD TO P OSPECT APARTMENTS G-143 PROSPECT APARTMENTS 1/30/81 - --------- -.- 2/5/81 . . .. .. 2/11/81 ................... ......... ... ...... . ......... ....... G-144 LAFAYETTE APARTMENTS 1/30/81 ..... .. .. . ... .... ..... ... . . ............ ............ ...... ......... ............ G-145 HUNT, JULIA 1/21/81 G-146 HUNT, JULIA 1/21/81 Ij .......... ........... ... . ...... DATE ORIGINAL RECORDED PARCEL NEGOTIATIONS nym DEED IN COPY IN i7�1411m, 0%ftT5-k'*a SIGNED RECORDED CITY'S FILE OUR FILE SERVED SLUMS EFFErrIVE & COMPLAINT DATE & 03p, OIP F,747=1 1/30/81 I G-13 TURNBOW, MAURICE G-131 KAGNOFF, DAVID B. Sold --o NEWP3RT APART DENTS 1/30/81 2/5/81 2/11/81 G-137 NEWPORT APARTMENTS ------------- G-138 KAGNOFF, DAVID G. sold to SEASH61E APARTME TS G-138 SEASHORE APARTMENTS 1/30/81 2/5/81 2/11/81 G-139 NEPTUNE APARTMENT 1/30/81 ....... . . ... ..... 2/5/81 2/11/81 -------- --- ...... G-140 NEPTUNE APARTMENT sold to 'OASTAIARTMENTS ...... .. .......... .......... . . ...... ..... ..... .... ....... ........ ..- ........ - ....... 2/5/81 ..... .... ---, . 2/11/81 ........ ..... .. .... .. ...... ... ........... ...... G-140 COAST APARTMENTS ..... ..... ..... .. 1/30/81 G-141 KAGNOFF, DAVID G. 1/30/81 II ............ .................. W. �% &N SERVED ORIGINAL RECORDED WKrNS tit E Er IVE DEED IN • COPY IN & CaVLAINT U= .?URIED C- ill! 'S FILE OUR FILE & 01 P, OIP M 3•139 84- 014332 JK /CF 12/8/83 Parcel G 70 and G -72 EXEMPT C 7 )F WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 345 FI� WN 1 i `84 3300 Newport Boulevard f I Newport Beach, California 92663) % 'J „ ^ ``vey MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX CITY OF NEWPORT BEACH 3300 Newport Boulevard / //. Computed on the con - Newport Beach, Californ`d742`�°�kideration or value of property conveyed. /S NE'N ?Ur: i !'�c�k `i, - \ . ...Computed on the con - FEB 10 198t #4-leration or value less liens or encumbrances re- '" "��� maiging at time of sale. oar/ , Signature of Declarant or Agent determining tax -- Firm Name SUBSURFACE PASS - THROUGH EASEMENT FOR VALUABLE CONSIDERATION in the total amount of four thousand, three hundred ninety -one dollars and ninety -three cents ($4391.93), receipt of which is hereby acknowledged, WARREN I. HENNINGSGARD, an unmarried man hereby GRANT(S) and conveys to -the CITY OF NEWPORT BEACH, a municipal corporation, and its successors and assigns, a per- petual easement and right of way to drill, test, complete, equip, maintain, repair, clear, redrill, deepen, operate, produce, dismantle (remove casing and other equipment from), plug and abandon under and through the subsurface of that certain real property hereinafter described in which Grantor has reserved the right to control subsurface pass- through easements ( "Grantor's real property" herein) at a depth not less than Four Hundred (400) feet measured vertically below the surface thereof, a well or wells for the purpose of exploring for and /or producing oil, gas and /or other hydro- carbon substances; the easement and right of way granted herein shall lie under that certain parcel of real property situated in the City of Newport Beach, County of Orange, State of California, and more particularly described in Exhi- bit "A" to this Deed and such description by this reference is made a part hereof as though set forth at length. The rights granted herein to Grantee are for the purpose of drilling for, producing, extracting, taking, and removing oil, gas and other hydrocarbon substances by means of slant holes or wells drilled through and beneath the lands describ- ed in Exhibit "B," which by this reference is made a part hereof as though set forth at length, into tide waters beneath the Pacific Ocean and connecting waters; provided, however, that the provisions of this instrument shall not entitle the Grantee, in anyofits operations hereunder, to use any part of the Grantor's real property 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. A plat showing SUBSURFACE PASS - THROUGH EASEMENT (G), Page 1 MAIL TAX STATEMENTS AS DIRECTED ABOVE r • 84-014832 the area affected by such easement is attached hereto as Exhibit "C." This grant is made on the condition that Grantee, in its drilling and production operations, shall use and install materials of good quality and condition. and all wells shall be drilled and maintained by Grantee in the best workmanlike manner and in accordance with good oil field practice, and all water sands encountered therein shall be, effectively and in a proper manner, plugged off: all drilling and other oper- ations 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 proper- ty of Grantor; and Grantee shall take all reasonably neces- sary precautions to prevent the discharge or escape of mud, oil, debris or other matter onto the beach or adjoining prop- erty or into the waters of the Pacific Ocean. Grantor hereby agrees that should it be determined that Grantor does not own the rights granted herein, Grantee's obligation to pay the consideration provided for hereunder shall terminate, and Grantee shall be entitled to recover the amounts of compensation previously paid to Grantor. Further- more, if it should be determined that Grantor owns less than all of the rights to provide Grantee the easement right and right of way conveyed herein, Grantee shall be entitled to accept such rights as are granted herein by Grantor, and pro - rate the compensation accruing to Grantor accordingly. This Subsurface Pass- Through Easement shall be and become effective from and after the date that Grantor exe- cutes the same, or January 26, 1981, whichever is later. Grantor hereby agrees to make no claims in eminent domain against Grantee relating to the herein - described land, including without limitation any claims for fees, costs, at- torneys' fees, abandonment costs, interest, those claims which may arise out of Grantee's immediate possession of Grantor's real property and any claims pursuant to California Code of Civil Procedure Sections 1036, 1263.410, 1263.420, 1268.610, 1268.620 and 1268.710. Grantor also agrees and consents to the dismissal of any eminent domain action in the Superior Court wherein Grantor's real property is included. Grantor further understands the purpose for which this Grant is being made and Grantor, for itself, its successors and assigns, hereby waives any claim for and all damage to such Grantor's property or remaining property contiguous to the Grantor's real property interests hereby conveyed for the purposes described herein. This Subsurface Pass- Through Easement and each and all of its provisions shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the respective parties hereto. SUBSURFACE PASS- THROUGH EASEMENT (G), Page 2 0 84 -01402 IN WITNESS WHEREOF, this Subsurface Pass - Through Ease- ment has been executed this 16 day of December , 198 3. Grantor SOCIAL SECURITY NO. 560 -22 -4641 ADDRESS OF GRANTOR(S) TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: WARREN I, HENNINGSGARD East Ave. Q Apt. E Palmdale, Ca. 93550 (individual) STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. On DF .FMRFR 16, 1983 before me, the undersigned, a Notary Public in and for said State, personally appeared IJARRE,11 I wiN1 1NG5nAPn u . personally u known to me (or proved to me on the basis of satisfactory evidencr:.) = to be the person -1 whose name 1 5 subscribed ito the within instrument a ack wledged that hp OFFICIAL SEAL ¢¢66 executed the same. Valerie J. McIntyre WITNESS my and fill seal. /� .. ""'�" NOTARY PUBLIC— CALIFORNIA i. �, °S,n FRINCIPAL OFFICE IN Sgnature LAS ANGELES COUNTY VA ERIE 1C IN RE My commission Expires August 24, 1984 Name (Typed or 5-187 IReV- 6-821 Printed) (This area for official notarial seal I SUBSURFACE PASS - THROUGH EASEMENT (G), Page 3 84- 014832 PARCEL G -70 and G -72 LEGAL DESCRIPTION G-70, Lot 8 and Lot 10 of Block K except the Northeasterly 5 feet of n z. Lot 10 of the Seashore Colony Tract, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 7, page 25 of Miscellaneous Records, in the office of the County Recorder of said county. The Southeasterly 30 feet of lots 3, 4 and 5 in Block 9 of Seashore Colony Tract, in the City of Newport Beach, County of 117. Orange, State of California, as per map recorded in Book 7, page 25 of Miscellaneous records, in the office of the county recorder of said county. EXHIBIT "A" 0 84- 014832 DESCRIPTION Oxbow Oil Production Conderrnat Ll All those certain lands situated in the City of Vewport Beach. County of Orange. State of California. more particular described as follows: P.ARC'L "G Beginning at the intersection of the centerline of Ocean Front (formerly Ocean Avenue) as said street is shown on a maD of the Seashore ColonyTrac. 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 :he lard described in the parcel entitled " EIHIBIT A TO SUBSURFACE EASEMENT" recorded in Book 2824. Page 391 of Cff:cial 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 cer.:erl : a of the Santa Ana River as described in Case No. 22797 of the Supe;-iorCour'. of the State of California in and for the County of Orange and as sho•an on a map filed in Book 65. Pages 31 through 36 of Records of Su: ✓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 notherly 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 pcint on a curve in the ccn:erlinc 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 sircet.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 northeastcrly line of Lot 10 and the southeasterly prolongation thereof South 54. 09'00" East. 104.94 feet to the centerline of the 10 foot allcy in said Block 8: thence along said centerline . of the 10 foot alley South 35 °51'00" \Vest, 90.00 feet to the southwesterly line of said Tract No. 772 and a point in the centerline of the 10 foot alley in Block 8 of said Seashore Colony Tract: thence alone said centerline of the 10 foot al:cy in Block 8 South 35 °47'11" West. 130.00 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 no- :heas:crly lire and the southeasterly prolongation thereof EXHIBIT "B" - Page 1 • 84- 014832 • 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. 4800 as shown on a mao recorded in Book 162, Pages 20 through 25 of said '.Miscellaneous ',Maps: thence along said northeasterly right -of -way line South 54 °02'30" East, 118.67 feet to. the northeasterly prolongation of the line dividing Lots 7 and 3 in Block G of said Seashore Colony Tract: thence along said nort`e,asterly prolongation, said dividing line and the southwesterly prolongation thereof South 35 °57'30" West. 276.10 feet to said centerline of Ocean Front as said street is shown on said map of the Seashore Colony Tract: thence along said centerline North 55° 51'30" West. 1520. 68 feet to the POINT OF BEGINNING. I i CONT?.^1TING 21.383 Acres. more or less t EXHIBIT "B" - Page 2 84- 014830 3 1 a rf I T 3 A >; • o ,;, '. ,� � i � l 111 �I)'i b I �,� �✓ r` ' � ul � T s W 2� v a W T w T \I T 1� •Iy� ♦ �� ' f 1 ,b..IIYa�I u '•� a I I _ $s• C 1 X LIJ 6��0•, .Vex '.gsy.a . \�e r'ml I„ rs `6 W i I r pelA i�x. LL �s1 G Z C O y W 0 •'f .`till Y' c.i "' i 2 W al h-m: EXHIBIT "C" 84 -0148* STATE OF CALIFORNIA COUNTY OF I nC I FS J) SS. On ir)• i- said State. personally appeared before me, the undersigned, a Notary Public in and for personally known to me or proved to me on the basis of satisfactory evidence to be the person 1 whose name i s subscribed to the within instrument and acknowledged that nn exe- cuted the same. WITNESS my haodlan4fficial seal. Signature (This area for official notarial stall 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 13. 1Q6R , 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 , 19Y3. ly SUBSURFACE PASS — THROUGH EASEMENT (G), Page 4 OFFICIAL SEAL Valerie J. McIntyre NOTARY P CALIFORNIA IPAL Pf:EPIC I ?AL OFFICE IN LOS ANGELES CQUNTY My Commission Expires August 24, 1984 (This area for official notarial stall 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 13. 1Q6R , 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 , 19Y3. ly SUBSURFACE PASS — THROUGH EASEMENT (G), Page 4 r: 0 R�QJ�S WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California = "' C MAIL TAX STATEMENTS TO: BK 1 395 i FG 228 19103 JK /MM 12/8/80 Parcel G -72 92663 EXEMPT E CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 RECORDED IN OFFir.iAl RECORDS OF ORANGE CO1iii h. CALIFORNIA -3 22 p, M. FEB 17 '81 LEE A BRANCH, County Reccrdet DOCUMENTARY TRANSFER TAX . . .Computed on the con- sideration or value of property conveyed. L`s . . .Computed on the con - sideration or value less liens or encumbrances re- maining at time of sale. Signature of Declarant or Agent determining tax - - Firm Name SUBSURFACE PASS- THROUGH EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, JACK DENTON 11C ROBERTS and DORIS LOUISE MC ROBERTS, 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 IF s 0 ! ..... BK 1395 1 PG 229 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 ff • BK 1 395 1 PG .230 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 U w BK 1 395 1 PG 23 1 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 3d day of February N 1981, Jack Denton lic Roberts Doris Louise t_c Roberts Grantors ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: Mr. and Mrs. Jack Denton McRoberts 107 Highland Street Newport Beach, California 92663 SUBSURFACE PASS- THROUGH EASEMENT (G), Page 4 Parcel No. G -72 LEGAL DESCRIPTION BK 1 395 1 PG 232 The real property in the City of Newport Beach, County of Orange, State of California, described as: The southwesterly 30 feet of Lot 10, Block K, Seashore Colony Tract as per map recorded in Book 7 Page 25 of Miscel- laneous Maps, records of said County. EXHIBIT "A" I 0 BK 1 395 1 PG 233 DESCRIPTION Oxbow Oil Production Conderrr.ation 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 Countv with the northwesterly boundary line of the City of Newpon Beach, said north •jesterly boundary line being the southeasterly line of Surn -nit Street, 30. 00 feet in width, as shown on said map of the Seashore Colony Tract. said point of beginning being a point in the boundary line of the land described in the parcel entitled "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 folio,xing 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 :orCour'of the State of California in and for the County of Orange and as sho ^:n on a reap 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 78 000'22" East, 515.70 feet and Scu:h 66 °42'20" East, 643.27 feet to the northerly prolongation of the line dividing Lots 6 and 7 in Block 11 of Tract No. 772 as shown on a map recorded in Book 23. Pages 5 and 6 of said Miscellaneous Maps: thence along said northerly prolongation, said dividing line and the southerly prolongation thereof South 7 044151" {,Vest 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 625.00 feet: thence easterly along said curve and centerline 10. 63 feet through a central angle said street.is shomin on ccnterli ^e of Fern Street westerly prolongation of of 0'53'-11" to the centerline of Fern Street as said map of Tract No. 772; thence along said South 35 051'00" West. 26.45 feet to the north- the said Tract No. 772: thence nor" easterly line of Lot 10 South 5400'00" East. 104 in said Block 8: thence South 35° X1'00" \`Jest. 90.00 No. 772 and a point in the centerline of the 10 foot alley in Block 8 of said SeasF.orc Colony Tract: thence along said centerline of the 10 foot al :ey in 31cck 8 South 35 047'11" West. 120.00 feet to the northwesterly prolongation of the nor'; easterly line of Lot 4 in Block 8 of said Sea- shore Colony Tract: thence along said nor-thxesterly prolongation. said no:--,`:easterly lime and the southeasterly prolongation thereof northeasterly line of Lot 10 in Block 8 of along said northwesterly prolongation. said and the southeasterly prolongation thereof 94 feet to the centerline of the 10 foot alley along said centerline of the 10 foot alley feet to the southwesterly line of said Trnct EXHIBIT "B" - Page 1 BK 13 95 1 PG 234 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 shorn 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 3 in Block G of said Seashore Colony Tract; thence along said nor,-easterly prolongation, said dividing line and the . southwesterly pro'.onga:ion thereof South 35 °57'30" West, 276.10 feet to said centerline of Ocean Front as said street is shown on said map of the Seashore Colony Tract; thence along said centerline North 55 °51'30" West, 1520.68 feet to the POINT OF BEGINNING. i i CONTALN24G 21.383 Acres, more or less EXHIBIT "B" — Page 2 I_ 11 BK 1395 1 PG 235 A � I Y f.� .9 Rz jfi I Ia �o x Wa ccl a \� Y � -.. • 8 Qm - x .e.o ° -vr 1 ro r LL y T 0 G.F-nz EXHIBIT "C" 0 STATE OF CALIFORNIA ss. COUNTY OF ORANGE `J BK 1395 1 Po On February 3, , 1981 , before me, the under- signed, a Notary Public in and for said State personally ap- peared Jack Denton McRoberts and Doris Louise McRoberts 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 3d day of February , 1981 . /i "'Y Notary Public in and for said l C r r s•::. H:: I 3, 19 c.. 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 13 1968 , and the Grantee consents to recordation thereof by its duly authorized officer or agent. / z IN WITNESS WHEREOF, I have hereunto set my hand this day of 19E(. C[�tuL L SUBSURFACE PASS- THROUGH EASEMENT (G), Page 5 236 A 9 86- 311434 JX /MM 12/8/80 _ Parcel G -73 Ci1Y r'Nrk WHEN RECORDED MAIL TO: Ored CITY OF NEWPORT BEACH 1-: !r, / / RECORDED W OFFICIAL RECORDS 3300 Newport Boulevard a1( OF ORANGE COUNTY. CALIFORNIA Newport Beach, California 92663 .3•!15 PI I JUL 18'86 C G.s� cca r (EXEMPT PURSUANT TO GOVERNMENT CODE 6103) MAIL TAX STATEMENTS TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 CITY OF NEWPORT BEACH, CALIF. JUL 311986 RECEIVED CITY CLERX DOCUMENTARY TRANSFER TAX $ -P- . . . 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 Agent determining tax. - Firm Name; pk ForL UTry SUBSURFACE PASS - THROUGH EASEMENT or FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CHRISTOPHER THEODORE YOUNG 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 cae 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 86- 311434 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 ail, 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 86- 311434 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 86- 311434 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 19th day of May , 198 . it jig �. CHRIST&HER THEODORE • Grantor SOCIAL SECURITY 'NO. 549 -66 -5469 ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: 1133 Somerset Lane Newport Beach, CA 92663 SUBSURFACE PASS- THROUGH EASEMENT (G), Page 4 86- 311434 Parcel No. G -73 LEGAL DESCRIPTION Parcel 1: Lot 1 in Block L of Seashore Colony Tract, as shown on a Map recorded in Book 7, Page 25, of Miscellaneous Maps, records of Orange County, California, excepting the Northeasterly Rec- tangular 15 feet thereof. Parcel 2: The Northeasterly 15 feet of the portion of Ocean Front adjoining said Lot 1 abandoned July 15, 1948, by the resolution of the City Council of the City of Newport Beach. EXHIBIT "A" • 86- 311434 DESCZIPTIOti Oxbow Oil Production Condemnation All those certain lands situated in the City of liewport Beach, County of Orange, State of California, more particular described as follows: PARCEL "G ": Beginning at the intersection of the centerline of Ocean Front (formerly Ocean Avenue) as said street is shown on a man of the Seashore Colony 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 Sur rnit 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 descr_bed 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 3505T30" East 472.31 feet to the centerline of the Santa Ana River as described in Case No. 22791 of the SupeciorCourtof the State of California in and for the County of Orange and as shown on a map filed in Book 65, Pages 31 through 36 of Records of Surveys in the Office of the County Recorder of said County; thence along said centerline South 78 000122" East. 515.70 feet and South 66 042'20" East, 643.27 feet to the 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 carve being concave northerly and having a radius of 685.00 feet: thence easterly along said curve and centerline 10. 63 feet through a central angle of 0 °53'21" to the centerline of Fern Street as said street.is shown on said map of Tract No. 772; thence along said centerline of Fern Street South 35 °51'00" West, 26.45 feet to the north- westerly prolongation of the northeasterly line of Lot 10 in Block 8 of said Tract No. 772: thence along said northwesterly prolongation. said nor'heasterly 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 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' Block 8 South 35 047'11" Nest. 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 line and the sou;heasterly prolongation thereof EXHIBIT "B" - Page 1 86- 311434 South 54. 09'00" East. 114.93 feet to the centerline of Orange Street as said centerline is shown on said map of the Seashore Colony Tract: thence along said centerline and the southwesterly prolongation thereof South 35 047'30" West. 137. 17 feet to the northeasterly right -of -way line of the Pacific Electric Railway, being the northeasterly line of Tract No. 4400 as shown on a map recorded in Book 162. Pages 20 through 26 of said Miscellaneous Maps: thence along said northeasterly right -of -way line South 54 °02'30" East. 118.67 feet to. the northeasterly prolongation of the line dividing Lots 7 and 8 in Block G 'of said Seashore Colony Tract; thence along said northeasterly prolongation, said dividing line and the southwesterly prolongation thereof South 35 °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 86-311434 ---Ham Ln �v IP IK ca I -IP bJ .1; I L UJ rx, t Cr LL m � \ /o, a h• g n ERHIBIT "C" 86- 311434 STATE OF CALIFORNIA COUNTY OF ORANGE } Ss. On FO 19, 1986 befoi said State, personally appeared CHRISPOPHER THEOI 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 he _ exe- cuted the same. WITNE hand and official seal. Signature 61- i undersigned, a Notary Public in and for )G (This arcs for official notarial seal) CERTIFICATE OF ACCEPTANCE Government Code Sec. 27281 This is to certify that the interest in real property conveyed by the Deed as set forth above to the CITY OF NEWPORT BEACH is hereby accepted by the undersigned officer or agent on behalf of the City Council of such City pursuant to authority conferred by an adopted resolution by the City Council datedMal 13 . 1116,1 , and the Grantee consents to recordation thereof by its duly authorized officer or agent. IN WITNE S WHEREOF, I f_ day of \ /,L,j 19 .r hereunto set my hand this '_)- W q w).---- SUBSURFACE PASS- THROUGH EASEMENT (G), Page 5 _ ___. ° '__""""- • ^�. --------------------- CiAL SEAL-_- i). HAYDEN ; ) w'�4 yk.L" CENNkb Plmtry PUtift - CzGlomia ORANGE Ces , • , Aug. 1987 ' My commis Expires Aug. 18. , (This arcs for official notarial seal) CERTIFICATE OF ACCEPTANCE Government Code Sec. 27281 This is to certify that the interest in real property conveyed by the Deed as set forth above to the CITY OF NEWPORT BEACH is hereby accepted by the undersigned officer or agent on behalf of the City Council of such City pursuant to authority conferred by an adopted resolution by the City Council datedMal 13 . 1116,1 , and the Grantee consents to recordation thereof by its duly authorized officer or agent. IN WITNE S WHEREOF, I f_ day of \ /,L,j 19 .r hereunto set my hand this '_)- W q w).---- SUBSURFACE PASS- THROUGH EASEMENT (G), Page 5 2 % WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 BK 14 1 c 8 Fs EX=rIT C10 JK /MM 12/8/80 Parcel G- 74 383 RECORDED IN OFPCIAI RECORD OF ORANGE COUNiy, CALICO, ?g 0 •ll 45 AM MG 4 '81 Recorder 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 EASE FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, BARRETT J. FINCH, a single man, hereby GRANT(S) and conveys to the CITY OF NEWPORT BEACH, a municipal corporation, and its successors and assigns, a perpetual easement and right of way to drill, test, com- plete, equip, maintain, repair, clear, redrill, deepen, operate, produce, dismantle (remove casing and other equip- ment from), plug and abandon under and through the subsur- face of that certain real property hereinafter described in which Grantor has reserved the right to control subsurface pass- through easements ( "Grantor's real property" herein) at a depth not less than Four Hundred (400) feet measured ver- tically below the surface thereof, a well or wells for the purpose of exploring for and /or producing oil, gas and /or other hydrocarbon substances; the easement and right of way granted herein shall lie under that certain parcel of real property situated in the City of Newport Beach, County of Orange, State of California, and more particularly described in Exhibit "A" to this Deed and such description by this re- ference is made a part hereof as though set forth at length. SUBSURFACE PASS — THROUGH EASEMENT (G), Page 1 BK 14168PG 38 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 1416Uc u 3S' 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 14 1 or. PG 3 9 1 ant to California Code of Civil Procedure Sections 1036, 1263.410, 1263.420, 1268.610, 1268.020 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. Grant Grantor further understands the purpose for which this and is being ;nade and Grantor, for itself, its successors such assigns, hereby waives any claim Grantor's for and all damage to the property or remaining Grantor's real property contiguous to the property interests purposes described herein. hereby conveyed for This Subsurface Pass - Through Easement and each and all of its provisions shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, this Subsurface Pass- Through Ease- ment has been executed this JW day of MAp,W 198. Barrett J. Finch Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: Barrett J Finch 518 South Liethgow Street Philadelphia Pennsylvania 19142 SUBSURFACE PASS - THROUGH EASEMENT (G), Page 4 • • eK 14163PS 392 Parcel No. G -74 LEGAL DESCRIPTION Parcel 1: Lot 2, Block "L" of the Seashore Colony Tract, as shown on a map recorded in Book 7, page 25 of Miscel- laneous Maps in the office of the Recorder of the county of Orange, state of California. EXCEPTING therefrom the Northeasterly 15 feet as conveyed to the City of Newport Beach by deed recorded July 29, 1946 in Book 1447, page 108 of Official Records in the office of the Recorder of said County. Parcel 2: The Northeasterly 15 feet of that portion of Ocean Front adjoining said Lot 2 abandoned July 15, 1946 by Resolution of the City Council of the City of Newport Beach, and recorded March 19, 1956 as Instrument No. 39626 in Book 3441, Page 191 of Official Records in the office of the Recorder of said County. EXHIBIT "A" • 0 Bu 14168PU 39J DESC:21PTI0I1 Oxbcw Oil Production. Condemnation All those certain lands situated in the City of Vewoort Beach. County of Orange, State of California, more particular described as follo:rs : PARCEL 11G M Beginning at the intersection of the centerline of Ocean Front (for -merly Ocean :=venue) as said street is shown on a man of the Seashore Colony Tract recorded in Boor. 7. Page 25 of Miscellaneous Maps in the Office of the Coua:y Recorder of said County with the nor r.,iesterly boundary line of the City of \ewnor. Beach. said northwesterly boundary line being the southeasterly line of S urn ni:t Street. 30. 00 feet in width. as shown on said map of the Seas :ore Colony Tract. said point of beginning being a point in the boundary line of the land described in the parcel entitled "=i?ISIT A TO Si ESUR ACE EASEMENT" recorded in Book 2324. Page 391 of Cf`'cial ?Records of said County: thence along said last mentioned boundary line through the following courses: along said northwesterly boundary line of 'he City of \esport 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 Sucer :orCourtof `.he State of California in and ror the County of Orange and as sho-. n or. 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 °00122" East. 515.70 feet and Sc--,'h 660-12'20" East. 643.27 feet to the no=-thcrly 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 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 cur-.,e in the centerlinc of Canal Street as said street is shown on said man of Tract No. 772, said curve being concave northerly and having a radius of 635.00 feet: ',hence 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 slrcet.is shown on said man of Tract No_ 772; thence along said centerline of Fern Strcet 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`heastcrly line of Lot 10 and the sou:lieastcrly prolongation thereof South 54 °09'00" East. 104.94 feet to the centerline of the 10 foot allcv 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 = cnterlinc of the 10 foot alley in Bloc : -: 8 South 350-17'11" 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,heastcr'. y line and the southeasterly prolongation thereof EXHIBIT "B" - Page 1 0 BK 14168PG 394 South 54 009'00" East, 114.93 feet to the centerline of Orange Street as said centerline is shoran on said mar) 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. 4700 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 Brie dividing Lots 7 and 3 in Block G of said Seashore Colony Tract: thence along said nor',heasterly prolongation, said dividing line and the scuthv:esterly 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. 63 feet to the POINT OF BEGINNING. I. i CONTAINING 21.333 Acres. more or less k•. EXHIBIT "B" Page 2 • ax 14163,p 39 i•A •t\ u is IN 8�i� 12 W _ IS co EXHIBIT "C" • Pennsylvania STATE OF Fl VYt6,49YA ) Philadelphia ) ss. COUNTY OF On `/ 1/ Lc-' /-.,il/%j� before tary Public in and for said State Barrett J. Finch , known to name is subscribed to the within be the person who executed the r] BK 14 1 6 8 Po me, the undersigned, a No- personally appeared me to be the person whose Instrument, known to me to within Instrument, and ac- knowledged to me that _he executed the within Instrument. WITNESS my hand and official seal. i Nc- y li 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 h� ve hereunto set my hand this Ci day of 19d�. SUBSURFACE PASS- THROUGH EASEMENT (G), Page 5 39,U REnJ WHEN RECORDED :MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California City Clerk deed No. 5 MAIL TAX STATEMENTS TO: 1 BK 1 395 1 PG 237 19 1 0 IA JK /MM 12/8/80 Parcel G- 75 _= RECORI)tD IN 01TICIAt RECORDS OF ORANGE COUNTY. CALIFORNIA 92663 -355 P.jV1. FEB 17'81 EXEMPT 2 LEE A BRANCH, County Recorder CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 DOCUMENTARY TRANSFER TAX 1 . . .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, MARGARET PRINDLE SAURENTIANN, 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 BK 13`95 1 PG 238 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 13951 Pu 239 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 fee -s, costs, attorneys' fees, abandonment costs, interest, those claims which may arise out of Grantee's immediate pos- session of Grantor's real property and any claims pursu- SUBSURFACE PASS - THROUGH EASEMENT (G), Page 3 r BK 1 3195 1 PG 240 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 9th day of February , 1981. Lfarga.et Prindle Saurenmann ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: Har);aret Prindle Saurenmann 11570 Bast Broadway, Apt. 2 Whittier, California 90601 SUBSURFACE PASS - THROUGH EASEMENT (G), Page 4 Grantor _.._ V r BK 1395 1 Pu 241 Parcel No. G -75 LEGAL DESCRIPTION PARCEL 1: Lot 3 in Block L of the Seashore Colony Tract, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 7, Page 25 of Miscellaneous Maps, in the office of the County Recorder of said County. EXCEPTING therefrom the northeasterly 15 feet. PARCEL 2: The northeasterly 15 feet of Ocean Avenue (Front) adjoining said Lot 3 on the southwesterly side as abandoned by resolution of the City Council of the City of Newport Beach on January 4, 1932, a certi- fied copy of which resolution was recorded January 5, 1932 in Book 530, Page 54 of Official Records of said County._ EXHIBIT "A" • DESCRIPTION • BK 1395 1 Pe 242 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 fellcas: PARCEL "G ": Eeginniag 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 Boolt 7, Page 25 ofl- Iiscellaneous 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 rnao of the Seashore Colony Tract, said point of beginning being a point in the boundary line of the land described in the parcel entitled " EkHIBIT A TO SuBSUF- ACE EASZMENT" recorded in Book 2824, Page 391 of C:Tic;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 35057'30" East 472.31 feet to the centerline of the Santa Ana River as described in Case No. 22797 of the Sum of the State of California in and for the County of Orange and as shov.-n on a map filed in Book 65, Pages 31 through 36 of Records of Surveys in the Office of the County Recorder of said County; thence along said centerline South 78'00122" East, 515.70 feet and South 66042'20" East, 643.27 feet to the northerly prolongation of the line dividing Lots 6 and 7 in Block 11 of Tract No. 772 as shown on a man 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 143.87 feet to a point on a cur-,re 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 *0053'21" to the centerline of Fern Street as Said street.is shown on said map of Tract No. 772; thence along said centerline of Fern Street South 35 051'00" West, 26.45 feet to the nor . th - ,,vescrly prolongation of the northeasterly line of Lot 10 in Block 8 of said Tract No_ 772; thence along said northwesterly prolongation, said no— "casterlyline of Lot 10 and the southeasterly prolongation thereof South 54 °09'00" East, 104.94 feet to the centerline of the 10 foot alley ir. said Block 8: thence along said centerline of the 10 foot alley South 35 °51'00" V;'est, 90.00 feet to the southwesterly line of said Tract No. 772 and a point in the centerline of the 10 foot alley in Block 8 of said Seashore Colony Tract; thence along said = enterline of the 10 foot alley in Bock 8 South 35 047'11" West, 120.00 feet to the northwesterly prolongation of the northeasterly line of Lot 4 in Block 8 of said Sea- shore Co,eny Tract: thence along said nochwesterly prolongation, said northeasterly line and the southeasterly prolongation thereof EXHIBIT "B" - Page 1 • • BK 1395 Ps 243 Scuth 54 °09'00" East. 11:.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 °4i`30" Press. 137.17 feet to the northeasterly right -of -way line of the Pacific Electric Railway. being the northeasterly line of Tract No. 7400 as shown on a map recorded in Book 162. Pages 20 through 26 of said Miscellaneous Maps: thence along said northeasterly right -of -way line South 54 °02'30" East. 113.67 feet to. the northeasterly prolongation of the line dividing Lots 7 and 3 in Block G of said Seashore Colony Tract: thence along said nor;"easterly prolongation. said dividing Iine and the southwesterly prolongation thereof South 35 057'30" Nest. 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 No: ;h 55051'30" Wes. 1520.63 feet to the POINT OF BEGINNING. !, CC"A ---N NG 21.333 Acres. more or less �. t EXHIBIT "B" — Page 2 a BK 1395 1 PG 244 r. Ut } ,W .yea •... °> T!..; a ,'_ 4 X co In is 41 U.1 4: y K y < 0 c.lyx vunn_ L l •;� �I y- J Z w =T; EXHIBIT "C" { I • BK 1395 1 PG 245 STATE OF CALIFORNIA ) ss. COUNTY OF Los Angeles ) On February 9, 1981 before me, the undersigned, a No- tary Public in and for said State, personally appeared Margaret Prindle Saurenmann , 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. V i Notary Public i Y �^LLJ rPRl.tif �� q Cclifornia A;:�gi rS CUUNTY MY Commrtsion Eve;; ca ;d a: ;h 28, 1981 CERTIFICATE OF ACCEPTANCE Government Code Sec. 27281 This is to certify that the interest in real property conveyed by the Deed as set forth above to the CITY OF NEWPORT BEACH is hereby accepted by the undersigned officer or agent on behalf of the City Council of such City pursuant to authority conferred by an adopted resolution by the City Council dated flay 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 /02�1 day of 19 &. SUBSURFACE PASS - THROUGH EASEMENT (G), Page 5 3 7g6 Ci;y Col 1 Deed 1` No. r EXEMPT C 7, 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 C�dk� s RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA .,35o PM NOV 9'84 1 COUNTY RECORDER F1 DOCUMENTARY TRANSFER TAX . Computed on the con- sideration or value of property conveyed.. .Computed on the con - sideration or value less liens or encumbrances re- maining at time of sale. Signature of Declarant or Agent determining tax - - Firm Name SUBSURFACE PASS- THROUGH EASEMENT i FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, STANLEY GREITZER and TRENA GREITZER, husband and wife, hereby GRANT(S) and conveys to the CITY OF NEWPORT BEACH, a municipal corporation, and its successors and assigns, a perpetual easement and right of way to drill, test, com- plete, equip, maintain, repair, clear, redrill, deepen, operate,,,produce, dismantle (remove casing and other equip- ment from), plug and abandon under and through the subsur- face of that certain real property hereinafter described in which Grantor has reserved the right to control subsurface pass- through easements ( "Grantor's real property" herein) at a depth not less than Four Hundred (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 As DIRECTED A80Vj � 04 -4533 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 84 -4A80 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 reouired 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 0 64 -4 1130 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 15"1- day of 198q. f � � i F Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: P D 6 1) �_ 3aq Cl- FRde nj (2 a) SUBSURFACE PASS - THROUGH EASEMENT (G), Page 4 0 44- 4.40730 Parcel No. G -72 LEGAL DESCRIPTION All that certain land situated in the State of California, County of Orange, City of Newport Beach, described as follows: Parcel 1: Lot 4 in Block L of the Seashore Colony Tract as shown on a Map recorded in Book 7, page 25 of Miscellaneous Maps, records of Orange County, California. Excepting therefrom the Northeasterly 15 feet of said land, as conveyed to the City'of Newport Beach. Parcel 2: The Northeasterly 15 feet of the portion of Ocean Front adjoining said lot abandoned January 4, 1932 by Resolu- tion of the City Council of the City of Newport Beach. EXHIBIT "A" • DESCRIPTION 64 —` i q0 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 ": Beginn €ng at the intersection of the centerline of Ocean Front (formerly Ocean Avenue) as said street is shown on a :nap of the Seashore Colo nvTract 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 northviesterly boundary line being the southeasterly line of Surnnit Street, 30.00 feet in width, as shown on said man of the Seashore Colony Tract, said point of beginning being a coint 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 SuocriorCourtcf the State of California in and for the County of Orange and as shown on a rnao 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 66042'20" East. 643.27 feet to the northerly prolongation of the line dividing Lots 6 and 7 in Block 11 of Tract No_ 772 as shown on a map recorded in Book 23, Pages 5 and 6 of said :Miscellaneous Mans; thence along said northerly prolongation, said dividing line and the southerly prolongation thereof South 7 °44'51" West 148.87 feet to a point on a curve in the centerline of Canal Street as said street is shown on said man of Tract No. 772, said curve being concave northerly and having a radius of 685.00 feet; thence easterly along said curve and centerline 10. 63 feet through a central angle of 0° 53'21" 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 °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 °09'00" ,,East, 104.94 feet to the centerline of the 10 foot alley in said Block "8; thence along said centerline of the 10 foot alley South 35' 51'00" West, 90.00 feet to the southwesterly line of said Tract No. 772 and a point in the centerline of the 10 foot alley in Block 8 of said Seashore Colony Tract; thence along said = enterline of the 10 foot alley in Block 8 South 35 047'11" West, 120.00 feet to the northwesterly prolongation of the norl`ieasterly line of Lot 4 in Block 8 of said Sea- shore Colony Tract: thence along said northwesterly prolongation, said northeas:crly line and the southeasterly prolongation thereof EXHIBIT "B" — Page 1 J 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 south,.-vesterly prolongation thereof South 35 °-17130" 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 Aliscellaneous Maps; thence along said northeasterly right -of -way line South 54 °02130" East, 118.67 feet to. the northeasterly prolongat:on of the lire dividing Lots 7 and 8 in Block G of said Seashore Colony Tract; thence along said nortleasterly prolongation, said dividing lire 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 mad of the Seashore Colony Tract; thence along said centerline North 55 °51'30" West, 1520.58 feet to the POINT OF BEGINA'ING. �. CONTA--,qL`IG 21.383 Acres, more or less k'. EXHIBIT "B" - Page 2 c 3 All 84- 463780 EXHIBIT "C" Us Lij I re cn Z-: LL. STATE OF CALIFORNIA ) eSnge�e.S) ss. COUNTY OF @RANO� ) On signed, peared 84-4U K r\✓e V el-k -, be 2 ) , 19 jj, before me, the under - a Notary Public in and for said State personally ap- STANLEY GREITZER and TRENA GREITZER 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 S i day of No /) U_P .x..F', ' - ) , 19 Eq . OFFIOLAL ��a a LEONE `NORCESTER Nr'0 "R UD!'c cAUFORNIA Notary Public in and for said �r l v$ ly County and State CERTIFICATE OF ACCEPTANCE Government Code Sec. 27281 This is to certify that the interest in real property conveyed by the Deed as set forth above to the CITY OF NEWPORT BEACH is hereby accepted by the undersigned officer or agent on behalf of the City Council of such City pursuant to authority conferred by an adopted resolution by the City Council dated May 13, 1968 , and the Grantee consents to recordation thereof by its duly authorized officer or agent, IN WITNES WHEREOF, I have hereunto set my hand this day of C f. , 19Yy SUBSURFACE PASS - THROUGH EASEMENT (G), Page 5 qp�_ Ll 2&209 0 WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH EXEMPT 3300 Newport Boulevard C4 Newport Beach, California 9266 D._cd MAIL TAX STATEMENTS TO. CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 sK 13989�U 1005 JK /MM 12/8/80 Parcel G- 77 NECORDED IN OFFICIAL P, "CORDS of 07,jxgE OUATY, CALIFnmA _1s0_ Pik �•, 820'81 LEE A. (iRh'I.Ctt, Cann "x)at'tr DOCUMENTARY TRANSFER TAX S . . .Computed on the con- sideration or value of property conveyed. Computed on the con- sideration or value less liens or encumbrances re- maining at time of sale. Signature of Declarant or Agent determining tax - - Firm Name SUBSURFACE PASS- THROUGH EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, HARVEY M. SPEARS AND NORMA P. SPEARS, husband and wife, as COMMUNITY PROPERTY hereby GRANT(S) and conveys to the CITY OF NEWPORT BEACH, a municipal corporation, and its successors and assigns, a perpetual easement and right of way to drill, test, com- plete, equip, maintain, repair, clear, redrill, deepen, operate, produce, dismantle (remove casing and other equip- ment from), plug and abandon under and through the subsur- face of that certain real property hereinafter described in which Grantor has reserved the right to control subsurface pass- through easements ( "Grantor's real property" herein) at a depth not less than Four Hundred (400) feet measured ver- tically below the surface thereof, a well or wells for the purpose of exploring for and /or producing oil, gas and /or other hydrocarbon substances; the easement and right of way granted herein shall lie under that certain parcel of real property situated in the City of Newport Beach, County oi'. Orance, 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 1303918 1606 The rights granted herein to Grantee are for the pur- pose of drilling for, producing, "xtracting, 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 nay 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 or 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 entitle.d to deduct from the compen- sation hereunder the Grantor's proportionate share of any SGBSURFACE PASS- THROUGH EASEMENT (G), Page 2 0 • PK 13989Pri 1607 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 eu 1 3989P 1608 ant to California Code of Civil Procedure Sections 1036, 1263.410, 1263.420, 1268.610, 12.68.620 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 11th day of February , 1981. HARVEY 41 SPEARS ' N0RM_A P. SPEARS Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: Mr. and Airs. Harvey M. Spears 682 Glenwood Drive Fullerton, California 92632 SUBSURFACE PASS - THROUGH EASEMENT (G), Page 4 i Parcel No. G -77 LEGAL DESCRIPTION • Bh i 3989pe 1 609 PARCEL 1p Lot 5 in Block "L" of the Seashore Colony Tract, as shown on a Map recorded in Book 7, Page 25 of Miscellaneous Maps, records of Orange County, California. EXCEPTING THEREFROM THE NORTHEASTERLY 15.00 FEET AS CONVEYED TO THE CITY OF NEWPORT BEACH. PARCEL 2: The Northeasterly 15.00 feet of that portion of Ocean Front, adjoining Lot 5 in Block "L" of the Seashore Colony 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. EXHIBIT "A" All those certain County of Orange. as follows: PARCEL "G ": • 0 BK 13989PG 161 DESCRITTI0I4 Oil Production. Conderrnation lands situated in the C1 V of Plewoort Beach. State of California. more particular described Beginning at the irate: see:ion of the centerline of Ocean Front (formerly Ocean Avenue) as said street is shown on a nap of the Seashore ColonyTrac: reco -ded in Boo:: 7. Page 25 of Aliscellaneous Maps in the O•tice of the County Recc-dcr of said County with the north:esterly boundary line of the Cizy of Newport Beach, said north%,;esterly boundary line being the southeasterly tine of Su:n -nit Street. 30.00 feet in width, as shown on said map of the Seashore Colony Tract, said point of beginning being a point in the bounda -v line of the lard described in the parcel entitled "E:IHIBIT A TO SUBSuRrACE EASEMENT" recorded in Book 2624, Page 391 of C .icial Records of said County: thence along said last mentioned boundary line through the fol :oT::ing courses: along said northwesterly bour.dar-y line of t,-e City of Ne:roor`. Beach North 35057130" East 472.31 feet to the cenierltne of the Santa Ana River as described in Case No. 22797 of the Supe:-ior Cot: rtof :he State of California in and for the County of Orange and as sIno -.,:n on a n-.ap filed in Book 65. Pages 31 through 36 of Records of ,Sur-,eys in the O::ice of the County Recorder of said County: thence along said centerline South 78 000122" East, 515.70 feet and Scu:h 66' :2'30" East. 643.27 feet to the northerly prolongation of the line driiding Lots 6 and 7 in Block 11 of Tract No. 772 as shown on a map recorded in Book 2.'.. Pages 5 and 6 of said Miscellaneous Maps: thence along said no:-therl•i prolongation. said dividing line and the southerly prolongation thereof South 7° 44' 51" West 118.87 feet to a point on a curve in the centerline of Canal Street as said street is shown on said n:ap 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 strcet.is sho%- /n on said -nao 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".:eastcrly line of Lot 10 and the southeasterly prolongation thereof Sou:h 54 "0 9'00" East. 104.94 feat 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" \Pest. 90.00 feet to the southojesterty line of said Tract No. 772 and a point in :he centerline of the 10 foot alley in Block 8 of said Seashore Colony Trac.; thence along said centerline of the 10 foot al.cy in Block 8 South 35047111' West. 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 nor h::esterly prolongation., said nor:'.:e2sterly line and the sou:hcas'.erly prolongation thereof EXHIBIT "B" - Page 1 0 0 e�c 1 3989p 16 i 1 South 54 °09'00" East, 114.93 feet to the centerline of Orange Street as said centerline is shown on said map of the Seashore Colony Tract: thence along said centerline and the southwesterly prolongation thereof South 35 °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-,.-jay line South 5-'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 dividing line and the southwesterly prclongation thereof South 35 °57'30" Nest, 276.10 feet to said centerline of Ocean Front as said street is shown on said mao of the Seashore Colony Tract; thence along said centerline North 550 51'30" West, 1520. fig feet to the POINT OF BEGINNING. f. i CONTA2,\'ENG 21.333 Acres, more or less �i EXHIBIT "B" - Page 2 0 `., BK 1 3 9 8 11 PG 11 L yx lu LIJ 2c cc: ---6b LL. EXHIBIT "C" L] Ll BK 1 3989PG 16 13 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On February 11, 1 19 81, before me, the under- signed, a Notary Public in and for said State personally ap- peared HARVEY M. SPEARS AND NORMA P. SPEARS, husband and wive known to me to be the person(s to the within instrument, and cuted the same. ) Whose names) are subscribed acknowledged that they exe- IN WITNESS WHEREOF, I have hereunto set my hand this 11th day of February 19 81, ' f 1 Cc Cfornia ! i t _ c " !c` IN Notary Pu lic in and for said My ra „a, ' 10?1 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�SS WHEREOF, I have hereunto set my hand this ).� day of ' /Fc>'r c: °r` <•U 19t/. SUBSURFACE PASS - THROUGH EASEMENT (G), Page 5 6c ., . cam./ < W/o RECORDING ,� I EXEt�AP3 REQUESTED BY �' P' °—"' � C;,., j °ls, �a 9,253 ' NE'y K'_ :' 'T 9EACH. SEP 25 1934 RECEIva WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, Califo.� J� City CIerk Deed J 85369151 r JK /MM 12/8/80 Parcel G -78 RECORDED IN OFFICIAL RECORcs OF ORANGE COUNTY. CALIFORNIA MAIL TAX STATEMENTS TO:�_71 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, CHARLES R. MUNNS, 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 MAIL TAX STATEMENTS TO REI URN ADDRESS ABOVE Pik SEP 4'84 ® CO -INTY 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, CHARLES R. MUNNS, 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 MAIL TAX STATEMENTS TO REI URN ADDRESS ABOVE 84- 369151 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 chis instrument shall not entitle the Grantee, in any of its operations hereunder, to use any part of the Grantor's real property between the surface of the lands described in Exhibit "A" attached here- to and the depth above - specified, or to bottom any well within the boundaries of the Grantor's real property. A - plat showing the area affected by such easement is attached hereto as Exhibit "C." This grant is made on the condition that Grantee, in its drilling and production operations, shall use and in- stall materials of good quality and condition, and all wells shall be drilled and maintained by Grantee in the best work- manlike manner and in accordance with good oil field prac- tice, and all water sands encountered therein shall be, ef- fectively and in a proper manner, plugged off; all drilling and other operations of Grantee hereunder shall at all times be conducted in a good and workmanlike manner and so as to prevent and avoid danger of any injury or damage therefrom to the property of Grantor; and Grantee shall take all rea- sonably necessary precautions to prevent the discharge or escape of mud, oil, debris or other matter onto the beach or adjoining property or into the waters of the Pacific Ocean. Grantor further makes this grant on condition that Grantee, as compensation for the easement and right of way granted hereunder, -shall pay to Grantor a sum equal to such proportionate share of three and two hundred seventy -five thousandths percent (3.2758) of the market value of all oil, gas and other hydrocarbon substances produced, saved and sold by means of any and all oil wells drilled and /or operated by Grantee during the term hereof under and through any part or parts of the lands described in Exhibit "B" hereto and bottomed beyond the outer boundaries described in Exhibit "B," as the square footage of Grantor's real prop- erty, as described in Exhibit "A ", bears to the total square footage of the lands lying within the outer boundaries of Exhibit "B," excluding public streets and highways owned in fee simple by the City of Newport Beach and also any lands owned in fee simple by the City of Newport Beach, and fur- ther excluding streets and lands lying within the former Pacific Electric Railway Company right of way; provided, however, that Grantor shall not be entitled to any compen- sation based upon oil lost through evaporation, leakage, or otherwise, or upon gas used, consumed or lost in extraction of gasoline, or upon any oil or gas used in connection with any well drilled or operated hereunder, or upon any gas which is used for repressuring any oil bearing formation in an attempt to further production from any such well or wells; nor shall Grantee be obligated hereunder to save any gas, except as there is a reasonable market and value for the same. Grantee shall be entitled to deduct from the compen- sation hereunder the Grantor's proportionate share of any SUBSURFACE PASS- THROUGH EASEMENT (G), Page 2 0 84- 369151 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 fot 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 • 84= 369151 ant to California Code of Civil Procedure Sections 1036, 1263.410, 125 .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 _ 5 day of ` , 198Y. CHARLES R. MUNNS Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: 7A/0 W 0e_gWiV F1ZoiV 1VCb:1P,917' BL -?UGH, IGA. 92 &63 SUBSURFACE PASS - THROUGH EASEMENT (G), Page 4 84- 369151 Parcel No. G -78 LEGAL DESCRIPTION PARCEL 1: Lot 6 in Block "L" of Seashore Colony Tract, County of Orange, State of California, as per map recorded in Book 7, page 25 of Miscellaneous Maps, records of said county. EXCEPT therefrom the Northeasterly 15 feet of said premises as granted to the City of Newport Beach by deed dated September 2, 1931 in Book 527, page 347 of Official Records, records of Orange County. PARCEL 2: The Northeasterly 15 feet of that portion of Ocean Avenue adjoining said Lot 6, on the Southwest, which was vacated and abandoned by the City of Newport Beach, on January 4, 1932. EXHIBIT "A" DESCRIPTION 0 84- 369151 Oxbow Oil Production Conderrnnation 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 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 north•.aesterly 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 descrbed in the parcel entitled EZ1hBIT A TO SUBSURFACE EASEMENT" recorded in Book 2824, Page 391 of Official Records of said Countv; 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 SupcciorCour of the State of California in and for the County of Orange and as sho•an on a map filed in Book 65, Pages 31 through 36 of .Records of Surveys in the Office of the County Recorder of said County; thence along said centerline South 78 °00122" East, 515.70 feet and South 66 °42'20" East. 643.27 feet to the northerly prolongation of the line dividing Lots 6 and 7 in Block 11 of Tract No. 772 as shown on a map recorded in Book 23, Pages_ 5 and 6 of said Miscellaneous Maps; thence along said northerly prolongation, said dividing line and the southerly prolongation thereof South 7 °44'51" West 148.87 feet to a point on a 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 54.00'00' East, 104. 94 feet to the centerline of the 10 foot alley in said Block 8: thence along said centerline of the 10 foot alley South 35 °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 B 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:4eas:crly line and the sou;heasterly prolongation thereof EXHIBIT "B" - Page 1 0 11 84- 369151 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 647130" 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 Maros: thence along said northeasterly right -of -way line South 54 °02'30" East, 118.67 feet to. the northeasterly prolongation of the line dividing Lots 7 and 8 in Block G'of said Seashore Colony Tract: thence along said northeasterly prolongation. said dividing line and the southwesterly prolongation thereof South 35 °57130" West, 276.10 feet to said centerline of Ocean Front as said street is shown on said map of the Seashore Colony Tract; thence along said centerline North 55'51'30" West. 1520.68 feet to the POINT OF BEGINNING. I. i CONTAINIING 21.383 Acres, more or less b' EXHIBIT "B" - Page 2 0 * 84- 369151 llp i u" it f o Ir'rs co 4j. LU I.. uj co I I I cc doi 5\ I W -° s i1 til W o: 4.Hnt EXHIBIT "C" 0 STATE OF CALIFORNIA COUNTY OF GF_ y SS. On — said State, person y appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the person_whosename is subscrib/ dtothe within instrument and acknowledged that hr - exe- cuted the same. WITNESS my hand and official seal. I 12 MIN - 0 84- 369151 the undersigned, a Notary Public in and for OFFICIAL SEAL SANDRA J. BRAYMER Notary Public - California ORANGE COURI9 My Commissim Eclzs Match 1. 1985 (This area for official notarial seal) CERTIFICATE OF ACCEPTANCE Government Code Sec. 27281 This is to certify that the interest in real property conveyed by the Deed as set forth above to the CITY OF NEWPORT BEACH is hereby accepted by the undersigned officer or agent on behalf of the City Council of such City pursuant to authority conferred by an adopted resolution by the City Council dated fljjg -y f.?, 19( , , and the Grantee consents to recordation thereof by its duly authorized officer or agent. IN WITNESS WHEREOF, I have hereunto set my hand this Q)_ L)_ day of 19 b`! SUBSURFACE PASS— THROUGH EASEMENT (G), Page 5 19105 BK 1 3951 "rU v Bwa WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 city Clerk Deed o. MAIL TAX STATEMENTS TO: EXEMPT C2 CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 246 JK /MM 12/8/80 Parcel G-79, 80 and 81 RECORDED IN C)Mt)xt Rj2Q%g OF ORANGE COUNTY, CALIFORNIA -ass PM. FEB 17'81 LEE A BRANCH, County Recorder DOCUMENTARY TRANSFER TAX Computed on the con- sideration or value of property conveyed. a . . .Computed on the con- sideration or value less liens or encumbrances re- maining at time of sale. Signature of Declarant or Agent determining tax - Firm Name SUBSURFACE PASS- THROUGH EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is herebv acknowledged, PETER SOKOLOFF and MARY SOKOLOFF, Husband and Wife, 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 BK 1 395 1 PG 247 The rights granted herein to Grantee are for the pur- pose of drilling for, producing, extracting, taking, and removing oil, gas and other hydrocarbon substances by means of slant holes or wells drilled through and beneath the lands described in Exhibit "B," which by this reference is made a part hereof as though set forth at length, into tide waters beneath the Pacific ocean and connecting waters; pro- vided, however, that the provisions of this instrument shall not entitle the Grantee, in any of its operations hereunder, to use any part of the Grantor's real property between the surface of the lands described in Exhibit "A" attached here- to and the depth above - specified, or to bottom any well within the boundaries of the Grantor's real property. A plat showing the area affected by such easement is attached hereto as Exhibit "C." This grant is made on the condition that Grantee, in its drilling and production operations, shall use and in- stall materials of good quality and condition, and all wells shall be drilled and maintained by Grantee in the best work - manlike manner and in accordance with good oil field prac- tice, and all water sands encountered therein shall be, ef- fectively and in a proper manner, plugged off; all drilling and other operations of Grantee hereunder shall at all times be conducted in a good and workmanlike manner and so as to prevent and avoid danger of any injury or damage therefrom to the property of Grantor; and. Grantee shall take all rea- sonably necessary precautions to prevent the discharge or escape of mud, oil, debris or other matter onto the beach or adjoining property or into the waters of the Pacific Ocean. Grantor further makes this grant on condition that Grantee, as compensation for the easement and right of way granted hereunder, shall pay to Grantor a sum equal to such proportionate share of three and two hundred seventy -five thousandths percent (3.275 %) of the market value of all oil, gas and other hydrocarbon substances produced, saved and sold by means of any and all oil wells drilled and /or operated by Grantee during the term hereof under and through any part or parts of the lands described in Exhibit "B" hereto and bottomed beyond the outer boundaries described in Exhibit "B," as the square footage of Grantor's real prop- erty, as described in Exhibit "A ", bears to the total square footage of the lands lying within the outer boundaries of Exhibit "B," excluding public streets and highways owned in fee simple by the City of Newport Beach and also any lands owned in fee simple by the City of Newport Beach, and fur- ther excluding streets and lands lying within the former Pacific Electric Railway Company right of way; provided, however, that Grantor shall not be entitled to any compen- sation based upon oil lost through evaporation, leakage, or otherwise, or upon gas used, consumed or lost in extraction of gasoline, or upon any oil or gas used in connection with any well drilled or operated hereunder, or upon any gas which is used for repressuring any oil bearing formation in an attempt to further production from any such well or wells; nor shall Grantee be obligated hereunder to save any gas, except as there is a reasonable market and value for the same. Grantee shall be entitled to deduct from the compen- sation hereunder the Grantor's proportionate share of any SUBSURFACE PASS- THROUGH EASEMENT (G), Page 2 BK 1395 1 PG 248 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 bv_ operation of law, or otherwise, in whole or in part of the compensation shall be binding upon Grantee until Grantee or its successors and assigns have been fur- nished with written evidence thereof satisfactory to Gran- tee. Grantor hereby agrees that should it be determined that Grantor does not own the rights granted herein, Grantee's obligation to Pay the consideration provided for hereunder shall terminate, and Grantee shall be entitled to recover the amounts of compensation previously paid to Grantor. Furthermore, if it should be determined that Grantor owns less than all of the rights to provide Grantee the easement right and right of way conveyed herein, Grantee shall be entitled to accept such rights as are granted herein by Grantor, and prorate the compensation accruing to Grantor accordingly. This Subsurface Pass- Through Easement shall be and be- come effective from and after the date that Grantor executes the same, or January 26, 1981, whichever is later. Grantor hereby agrees to make no claims in eminent domain against Grantee relating to the herein - described land, including without limitation any claims for fees, costs, attorneys' fees, abandonment costs, interest, those claims which may arise out of Grantee's immediate pos- session of Grantor's real property and any claims pursu- SUBSURFACE PASS- THROUGH EASEMENT (G), Page 3 BK 1 395 1 PG 249 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 _ 4thday of February , 1981 . Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: Mr. and Mrs. Peter Sokoloff 2510 Plaza Lebre Montebello, California 90640 SUBSURFACE PASS- THROUGH EASEMENT (G), Page 4 8K 13S' 5 1 Pc 250 Parcel No. G -79, G -80 and G -81 LEGAL DESCRIPTION a The Northwesterly 48 feet of Lots 7, 8 and 9 in Block L of the Seashore Colony Tract, County of Orange, State of California, as shown on a Map thereof recorded in Book 7, Page 25 of Miscellaneous Maps, in the office of the County Recorder of said County. EXHIBIT "A" BK 13951 PG 251 DESCRIPTION Oxtow Oil Production Condernnation All those certain lands situated in the City of Newport Beach, County of Orange, State of California, more particular described as follows: P.�RCEL "G ": Beginning at the intersect'.on of the centerline of Ocean Front (for-nerly Oce -n 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 Ci :y of Newport Beach, said north;es erly boundary line being the southeasterly line of Surarnit Street, 30.00 feet in width, as shown on said map of the Seashore Colony Tract, said point of beginning being a point in the boundary lire of the land described in the parcel entit'_ed "ENHIBIT A TO SUBSUF.F ACE 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 C:ty of Newport Beach North 35-57130" East 472.31 feet to the centerli, ^.e of the Santa Ana River as described in Case No. 22791 of the Sunei`orCourtof t!:e State of California in and for the County of Orange and as shov:n on a chap 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 °00122" East, 515.70 feet and t Sou :h 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 3ook 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 carve 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 °51100" Wes:, 26.45 feet to the north - wesierly prolongation of the northeasterly line of Lot 10 in Block 8 of said Tract No. 772; thence along said northwesterly prolongation. said norheasterly 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" %Ves:, 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 Tracr: thence along said = enterline of the 10 foot alley in Block 8 South 35 °47'11" West, 120,00 feet to the northwesterly prolongntion of the nort!:easterly line of Lot 4 in Block 8 of said Sea - shore Colony Tract: thence along said northwesterly prolongation, said nor :.hews -crly line and the sou :heasterly prolongation thereof EXHIBIT "B" _ Page 1 • • B 13951 PG 252 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 sou : h -westerly prolongation thereof Sousa 35 °47'30" %Vest. 137. 17 reet 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 i\Iaps: 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 nor:Leasterly prolongation. said dividing line and the southwes.erly prolongation thereof South 35057'30' West, 276.10 feet to said centerli. a of Ocean Front as said street is shown on said map of the Seashore Colony Tract; thence along said centerline North 550 51'30" Wes., 1520. 63 feet to the POINT OF BEGINNING. } i CONT ZENZIG 21.383 Acres. more or less ►.. EXHIBIT "B" - Page 2 a X�l EXHIBIT "C" SK 1395 1 PO 25 v LU r i QOA iG so V. 'ILL kF . ...... co Cr LU r i iG so V. 'ILL kF • • BK 1395 1 PG STATE OF CALIFORNIA Los Angeles ss. COUNTY OF /J(AAWIf On February 4, 1981 . before me, the under- signed, a Notary Public in and for said State personally ap- peared PETER SOKOLOFF and MARY SOKOLOFF 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 4th day of February 19 81. /V, I'. E. ::ICKERSON (IPFfCE IN LC-c ,Ntl_!S Notary Public in and for said I MY Commi�von Zxp;ros ML,ch 28, K81 M County and State CERTIFICATE OF ACCEPTANCE Government Code Sec. 27231 This is to certify that the interest in real property conveyed by the Deed as set forth above to the CITY OF NEWPORT BEACH is hereby accepted by the undersigned officer or agent on behalf of the City Council of such City pursuant to authority conferred by an adopted resolution by the City Council dated 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 12-6, day of --prpeAAgA4 1, 19`01 SUBSURFACE PASS-THROUGH EASEMENT (G), Page 5 254 C' • eK 1 3989pG 16 '14 282 'I Q JK /MM 12/8/80 Parcel. G- 79, 80 and 81 WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 9266 1I� �J f� /Sr�f •; MAIL TAX STATEMENTS TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 RECORDED IN CKICIALRFCO ?.OS OF ORANGE COJ4;Y. CAUFORA(A EXE1+i PT LEE X 62MCR, CO;t„tJ lt`o d4y 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 nn FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, RAYMOND L. FAURIA and CAROLYN F. FAURIA, husband and wife, as community property, hereby GRANT(S) and conveys to the CITY OF NEWPORT BEACH, a municipal corporation, and its successors and assigns, a perpetual easement and right of way to drill, test, com- plete, equip, maintain, repair, clear, redrill, deepen, operate, produce, dismantle (remove casing and other equip- ment from) , plug and abandon under and through the subsur- face of that certain real property hereinafter described in which Grantor has reserved the right to control subsurface pass - through easements ( "Grantor's real property" herein) at a depth not less than Four Hundred (400) feet measured ver- tically below the surface thereof, a well or wells for the purpose of exploring for and /or producing oil, gas and /or other hydrocarbon substances; the easement and right of way granted herein shall lie under that certain parcel of real property situated in the City of Newport Beach, County of Orange, State of California, and more particularly described in Exhibit• "A" to this Deed and such description by this re- ference is made a part hereof as though set forth at length. SUBSURFACE PASS- THROUGH EASEMENT (G), Page 1 i 0 RK 1398 a pG 1615 -- 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 1398GPC 16',t6 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 comoensation 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 39819p 1617 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 ubsurface P Through Ease- -as s has been executed this day of < -'i .,,�/ 198 J. G; V' Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: SZ:BSGRFACE PASS- THROUGH EASEMENT (G), Page 4 BK 1 3989p 1618 Parcel No. G -79, 80 and 81 LEGAL DESCRIPTION The Southeasterly 42 feet of Lots 7, 8 and 9 in Block "L" of Seashore Colony Tract, as shown on a Map recorded in Book 7, Page 25 of Miscellaneous Maps, records of orange County, California. EXHIBIT "A" C� • 8u 13989PS 1619 DESCRIPTION 0�:bow oil Production Condemnation All those certain lands situated in the City or Newport Beach, county of Orange, State of California, more particular described as follows: PARCEL "G" Eeglnning 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 Ccun :y Recorder of said County with the northwesterly boundary line of the City of Newpor. Beach. said northv esterly boundary line being Lhe son.heas :erly line cf Summit Street. 30.00 feet in width, as shown on said mao of .he Seashore Colony Tract, said point of beginning being a point in the boundary line of the land described in the parcel entitled "E:,�HIBIT A TO SUBSUcF'ACE EASEMENT" recorded in Book 2324. Page 391 of Off;dial Records of said County: thence along said last me.m4oned boundary line througa the following courses: along said northwesterly boundary line of ',he Cl.y of Ne%vpor` Beach North 350 57130" East 472.31 fee` to the cen:erlir.e of the Santa Ana River as described in Case No. 22797 of the Supe.�iorCourtof :he State of California in and for the County of Orange and as sho ^:n on a rnap filed in Book 65. Pages 31 through 36 of Records of Surveys in he Office of the County Recorder of said County: thence along said centerline South 78 000122" East. 515,70 feet and Seu:h 60° :2'iD" East, 643.27 feet to the northerly prolongation of-the line di-,riding Lo,s 6 and 7 in Block 11 of Tract No. 772 as shown on a reap recorded in Book 23. Pages 5 and 6 of said Miscellaneous Maps: thence along said nor,he. -'_y prolongation, said dividing line and the sou.herly prolongation thereof South '7° 44' 51" Nest 143. 87 feet to a point on a curie 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 G35.00 feet: :hence easterly along said curve and centerline 10. 63 feet through a central angle of 0053'21" to the centerline of Fern Street as said st:eet.is shovin 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 2 of said Tract No. 772: thence along said northwesterly prolongation. said nor'heasterly line of Lot 10 and the southeasterly prolongation thereof South 54009100" East. 101.94 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" 1:'cs., 90.00 feet to the south .esterly line of said Tract No. 772 and a point in .he centerline of the 10 foot alley in Block 8 of said Seashore Colony Tract: thence along said centerline of the 10 foot al:cy in _lcck 8 South 35° 7'11" Nest. 120.00 feet to the no th ,esterly pro'.onIration of the northeasterly line of Lot 4 in Block 8 of said Sea - sho:c Colon;, Tract: thence along said northwesterly prolongation. said nor:heas:erly lire and the southeasterly prolongation thereof EXHIBIT "B" - Page 1 0 0 DK 1398"P6 1620 South 51 °09'00" East, 114.93 feet to the centerline of Orange Street as said centerline is shown on said map of the Seashore Colony Tract; thence along, said center ?ir.e and the southwesterly prolongation thereof South 35 °-17130" \Vest, 137.17 feet to the northeasterly right -of -way line of the ?acific Electric Rail:vay, being the northeasterly line of Tract No. 4400 as shown on a mat) recorded in Book 162, Pages 20 through 26 of said Miscellaneous Maps: thence along said northeasterly right -of -way line Sough 54 °02'30 East, 113.67 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 southv:esterly 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 °51'30" Wiest, 1520.68 feet to the POINT OF BEGINNING. I; i CONT 2. 1E\iG 21,333 Acres, more or less k•. EXHIBIT "B" - Page 2 BK 13939Po 1621 i Y I = QZ y T zI x o i/ 3 U w ca ti N� a� WL Ll1 ' I a \ \T3j �'1\ ,IF Z(. 1LF1yI.I Sin��z. l�nn� O CL yLU i \\ LL 9= ti- LU z EXHIBIT "C" BK 13989pG 1622 STATE OF CALIFORNIA r Ze "f ss• COUNTY OF On ���1�� >_, �� , 19 before me, the under- signed, a Notary Pub4A c in and for said State personally ap- peared RAYMOND L. FAURIA and CAROLYN F. FAURIA known to me to be the person(s) whose name(s) are subscribed to the within instrument, and acknowledged that they exe- cuted the same. N WITNESS WHEREOF, I have hereunto set my hand this day of�7� <�s�> I 19 ROBERT B HOFFMAN NUtmY V txm Califi.ma /� � `�'�417�' Sit PRID CIPAL OFFICE IN �(. r�—� wsA��ELESCODUry Notary Public in af-fdfor said MY Commission Exprtes May 20, 1983 County and State CERTIFICATE OF ACCEPTANCE Government Code Sec. 27281 This is to certify that the interest in real property conveyed by the Deed as set forth above to the CITY OF NEWPORT BEACH is hereby accepted by the undersigned officer or agent on behalf of the City Council of such City pursuant to authority conferred by an adopted resolution by the City Council dated May 13, 1968 , and the Grantee consents to recordation thereof by its duly authorized officer or agent. IN WITNESS WHEREOF, I have hereunto set my hand this Z� `- day of ,:; -C'. ,z , 19 ^±-L. i SUBSURFACE PASS - THROUGH EASEMENT (G), Page 5 • (15,o , tE'WHEN RECORDED MAIL TO: �&Q 31C. CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 City Clerk Deed No. /� U MAIL TAX STATEMENTS TO: EXE PT C12 W CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 BK 1 3 9 5 1 Pc 1 r 4 JK /MM 12/8/80_ Parcel G- 82, 83 and 84 OF ORANGE COUNTYAC LLIFORNMS IA 03 ss P.M. FEB 17 '81 UE A BRANCH,Counp Retw t DOCUMENTARY TRANSFER TAX . . .Computed on the con- sideration or value of property conveyed. Ll 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, ANN McFARLANE WILSON, a married woman as her sole and separate property, hereby GRANT(S) and conveys to the CITY OF NEWPORT BEACH, a municipal corporation, and its successors and assigns, a perpetual easement and right of way to drill, test, com- plete, equip, maintain, repair, clear, redrill, deepen, operate, produce, dismantle (remove casing and other equip- ment from), plug and abandon under and through the subsur- face 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 STATENIXNTS AS DIRECT =p ABOVE n The rights granted herein to Grantee are for the pur- pose of drilling for, producing, extracting, taking, and removing oil, gas and other hydrocarbon substances by means of slant holes or wells drilled through and beneath the lands described in Exhibit "B," which by this reference is made a part hereof as though set forth at length, into tide waters beneath the Pacific Ocean and connecting waters; pro- vided, however, that the provisions of this instrument shall not entitle the Grantee, in any of its operations hereunder, to use any part of the Grantor's real property between the surface of the lands described in Exhibit "A" attached here- to and the depth above- specified, or to bottom any well within the boundaries of the Grantor's real property. A plat showing the area affected by such easement is attached hereto as Exhibit "C." This grant is made on the condition that Grantee, in its drilling and production operations, shall use and in- stall materials of good quality and condition, and all wells shall be drilled and maintained by Grantee in the best work- manlike manner and in accordance with good oil field prac- tice, and all water sands encountered therein shall be, ef- fectively and in a proper manner, plugged off; all drilling and other operations of Grantee hereunder shall at all times be conducted in a good and workmanlike manner and so as to prevent and avoid danger of any injury or damage therefrom to the property of Grantor; and Grantee shall take all rea- sonably necessary precautions to prevent the discharge or escape of mud, oil, debris or other matter onto the beach or adjoining property or into the waters of the Pacific Ocean. Grantor further makes this grant on condition that Grantee, as compensation for the easement and right of way granted hereunder, shall pay to Grantor a sum equal to such proportionate share of three and two hundred seventy -five thousandths percent (3.275 %) of the market value of all oil, gas and other hydrocarbon substances produced, saved and sold by means of any and all oil wells drilled and /or operated by Grantee during the term hereof under and through any part or parts of the lands described in Exhibit "B" hereto and bottomed beyond the outer boundaries described in Exhibit "B," as the square footage of Grantor's real prop- erty, as described in Exhibit "A ", bears to the total square footage of the lands lying within the outer boundaries of Exhibit "B," excluding public streets and highways owned in fee simple by the City of Newport Beach and also any lands owned in fee simple by the City of Newport Beach, and fur- ther excluding streets and lands lying within the former Pacific Electric Railway Company right of way; provided, however, that Grantor shall not be entitled to any compen- sation based upon oil lost through evaporation, leakage, or otherwise, or upon gas used, consumed or lost in extraction of gasoline, or upon any oil or gas used in connection with any well drilled or operated hereunder, or upon any gas which is used for repressuring any oil bearing formation in an attempt to further production from any such well or wells; nor shall Grantee be obligated hereunder to save any gas, except as there is a reasonable market and value for the same. Grantee shall be entitled to deduct from the compen- sation hereunder the Grantor's proportionate share of any SUBSURFACE PASS- THROUGH EASEMENT (G), Page 2 BK 1395 1 Ps 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 3 166 A BK 13 9 5 1 PG 167 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 t , 198.'. ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: Ann McFarlane Wilson 1241 Sunnyshade Drive La Habra. California 90631 SUBSURFACE PASS - THROUGH EASEMENT (G), Page 4 Grantor BK 1 395 1 PG 168 Parcel No. G -82, 83 and 84 LEGAL DESCRIPTION Those portions of lots 10, 11 and 12 in Block L of Seashore Colony Tract as shown on a map recorded in Book 7, Page 25 of Miscellaneous Maps, Records of Orange County, California, described as follows: Parcel 2, as shown on a map filed in book 27 page 4 of Parcel Maps, in the office of the County Recorder of said orange County. EXHIBIT "A" BK 1 395 1 PG 169 DESCRIPTION Oxboc+ 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 tvenue) as said street is sho.vn 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 north• :vesterly boundary line being the southeasterly line of Sun -nit 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 O`.ic.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 35 °57130" East 472.31 feet to the centerline of the Santa Ana River as described in Case No. 22797 of the Super :orCourtof the State of California in and for the County of Orange and as shown on a reap filed in Book 65, Pages 31 through 36 of Records of Surreys in the Office of the County Recorder of said County; thence along said centerline South 78 000'22" East, 515.70 feet and South 66 °42'20" East. 643.27 feet to the northerly prolongation of the line dividing Lots 6 and 7 in Block 11 of Tract No. 772 as shown on a map recorded in Book 23. Pages 5 and 6 of said Miscellaneous Maps: thence along said northerly prolongation, said dividing line and the southerly prolongation thereof South 7044'51" West 148.87 feet to a point on a curve in the ccr.ter'.inc 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 strcet.is shown on said map of Tract No. 772: thence along said centerline of Fern Street South 35 °51'00" West, 26.45 feet to the north- westerly prolongation of the northeasterly line of Lot 10 in Block 8 of said Tract No. 772; thence along said northwesterly prolongation. said northeasterly line of Lot 10 and the southeasterly prolongation thereof South 54 °03100" East. 104.94 feet to the centerline of the 10 foot alley in said Block 8: thence along said centerline of the 10 foot alley South 35 °51`00" Wcst. 90.00 feet to the southwesterly lire of said Tract No. 772 and a point in the centerline of the 10 foot alley in Block 8 of said Seashore Colony Tract: thence along said _cnterline of the 10 foot alley in Block 8 South 35 °47'11" West. 120.00 feet to the northwesterly prolongation of the northeasterly line of Lot 4 in Block 8 of said Sea - shcre Coi;ny Tract: thence along said northwesterly prolongation_ said northeasterly line and the southeasterly prolongation thereof EXHIBIT "B" — Page 1 BK 1 395 1 Pc 170 South 54 °09'00" East. 114.93 feet to the centerline of Orange Street as said centerline is shown on said map of the Seashore Colony Tract. thence along said centerline and the southwesterly prolongation thereof South 35 °47'30" Nest. 137.17 feet to the northeasterly right -of -way line of the Pacific Electric Railway. being the northeasterly line of Tract No. 4400 as shown on a map recorded in Book 162, Pages 20 through 26 of said 'Miscellaneous Maps. thence along said northeasterly right -of -way line South 54 °02130" East. 113.67 feet to. the northeasterly prolongation of the line dividing Loss 7 and S 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 55051130" West. 1520.63 feet to the POINT OF BEGINNING. % i CONTAIL`ING 21.333 Acres. more or less k - EXHIBIT "B" - Page 2 BK 1' 3 9 5 1 PG 1 7 1 • s / S I e v au.r v � � L) DL v • o 1• F XUAJ •Qj� T 1� J ., LU r 1� I< CL LL a i� OO�u EXHIBIT "C" I BK 1395 1 Ps 172 STATE OF CALIFORNIA ) ss. COUNTY OF Los Angeles ) On February 9, 1981 before me, the undersigned, a No- tary Public in and for said State, personally appeared Ann McFarlane Wilson , 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. Notary Public Ny Cemmiscn f. ; "s es IAa rh ?B, 1981 CERTIFICATE OF ACCEPTANCE Government Code Sec. 27281 This is to certify that the interest in real property conveyed by the Deed as set forth above to the CITY OF NEWPORT BEACH is hereby accepted by the undersigned officer or agent on behalf of the City Council of such City pursuant to authority conferred by an adopted resolution by the City Council dated , 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 /Ze- day of #W 198/. SUBSURFACE PASS - THROUGH EASEMENT (G), Page 5 J • • 28211 WHEN RECORDED MAIL To: EXEMPT CITY OF NEWPORT BEACH 3300 Newport Boulevard C 4 Newport Beach, California 92663 City Clerk Deed No. MAIL TAX STATEMENTS TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 BK 13989PG 10^20 JK /MM 12/8/80 Parcel G- 82, 83 and 8 kf 646f0 IN, O.r#- l.1 -REi," J±' OF O"lGE COUNTY, CALIFOR;lIA -330 pm P4AR20'81 LEE A. BRAUN, 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, ALAN LOWELL GOODE and BEVERLY ANN GOODE, 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 eI- 0-1 BK 13,989po 1624 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 G- rantor 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 sK 1393QPG 1625 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 13989pG 1626 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 7 day of ry)CG c-�h 198 j. Czl'e 4�e.a Ate ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: `ter;. X iYPt o r-t /xec'6I I Ccc_. %LelL SUBSURFACE PASS - THROUGH EASEMENT (G), Page 4 i Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: `ter;. X iYPt o r-t /xec'6I I Ccc_. %LelL SUBSURFACE PASS - THROUGH EASEMENT (G), Page 4 i J Parcel No. G -82, 83 and 84 LEGAL DESCRIPTION i BK 1 3980p 1627 Those portions of lots 10, 11 and 12 in Block L of Seashore Colony Tract as shown on a map recorded in Book 7, Page 25 of Miscellaneous Maps, Records of Orange County, California, described as follows: Parcel No. 3 as shown on a map filed in Book 27, Page 4 of Parcel Maps, Records of Orange County, California. EXHIBIT "R" M • DESCRIPTION eK 1 3989P 1628 O%bow 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 (forrnerly Ocean Avenue) as said street is shown on a man of the Seashore Colony Tract reco.rde�:! in Book 7. Page 25 of Miscellaneous D/laps in the Office of the Cu -ty Reco -der of said County with the northwesterly boundary line of t e Ci.y of Ne:vnor Beach, said northwesterly boundary line being the southeasterly line of Suntrnit Street, 30.00 feet in width, as shown on said rr.ao of 'he Seashore Colony Tract, said point of beginning being a point in the boundary line of the land described in the parcel entitled "E3SHIBIT A TO SUBSti:?4 ACE EASEMENT" recorded in Book 2824. Page 331 of Gificial 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. 22737 of the SupesiorCour of t. ".e State of California in and for the County of Orange and as sho.vn on a rnan filed in Book 65, Pages 31 through 36 of Records of Surreys in the Office of the Countv Recorder of said County: thence along said centerline South 73 000'22" East, 515.70 feet and Scuth 66° :2'20" 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 sho••-rn on said map of Tract No. 772: thence along said centerline of -ern 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<heas.crly line of Lot 10 and the southeasterly prolongation thereof South 54 °09'00" Last. 10 -.94 feet to the centerline of the 10 foot alley in said Block 8; thence along said centerline of the 10 foot alley South 35 °51'00" 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 Seaul:o rc Colony Tract: thence alone said centerline of the 10 foot alley in Bl c:•: 8 South 35 °47'11" West. 130.00 feet to the northv.,esterly pre }:,non ;ion of the nort.xasterly line of Lot 4 in Block 8 of said Sea- shore Colony Tract: thence along said northwesterly prolongation: said nor :seas :er'.y line and the southeasterly prolongation thereof EXHIBIT "B" - Page 1 0 BK 13989P® 1629 South 54 °09'00" East, 11.93 feet to the centerline of Orange Street as said centerline is shown an 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 Elect; c Railway, being the northeasterly line of Tract ijo. 44100 as shorn on a mao recorded in Book 162, Pages 20 through 26 of said 'Miscellaneous Maps; thence along said northeasterly right- of -%vay 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 3505T30" West, 276.10 feet to said centerline of Ocean Front as said street is shown on said map of the Seashore Colony Traci; thence along said centerline North 550 51'30" Nest, 1520. 68 feet to the POINT OF BEGINNING. I. i CONTA24ENG 21.323 Acres, more or less k•. EXHIBIT "B" — Page 2 0 bK 13 °89PO 1630 i lI if co \ I T -ice. ca < •\ �i � zm 8 ui l__ t ¢ w K a °cox IN �cxu :,ic/dsc'..n .rte o Lu Li EXHIBIT "C" 0 STATE OF CALIFORNIA COUNTY OF ORANGE On signed, peared 0 ss. } gK 1 3989n 1631 19<", before me, the unde r- a Notary Public in and for said State personally ap- ALAN LOWELL GOODE and BEVERLY ANN GOODE 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 VIILLIAM J. GLUM e. NOTARY PUBLIC Public in and for said ny' PRINCIPAL OFFICE Coufity and State [ IN SAN DIEGO COUNTY My Commission Exp. Nov. 15, 1982 4Mf'wti a d'yi °a1'4�`1 °A°d415PJtiibS4".: A•, CERTIFICATE OF ACCEPTANCE Government Code Sec. 27281 This is to certify that the interest in real property conveyed by the Deed as set forth above to the CITY OF NEWPORT BEACH is hereby accepted by the undersigned officer or agent on behalf of the City Council of such City pursuant to authority conferred by an adopted resolution by the City Council dated May 13, 1968 , and the Grantee consents to recordation thereof by its duly authorized officer or agent. IN WITNESS WHEREOF, I have hereunto set my hand this day of� _% 19/• SUBSURFACE PASS- THROUGH EASEMENT (G), Page 5 w 19106 P, kv 0� ,q �6 WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 L�N C lek ed . /<% EXEMPT C2 B 1 395 1 Pu 255 JK /MM 12,/8/80 Parcel G -82, 83 and 84 REWDRD IN 8Ui81h -RMU01 OF ORANGE COUNTY,.CALIFORNI -3 ss P.M. FEB 17'81 LEE A BRANCH, County Recorder p y� 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, JOHN S. KANEKO and HELEN N. KANEKO, 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 V BK 1 395 1 Pu 256 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 Pu 257 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. eurthermore, 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 Y BK 1 3951 PG 258 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 , a' +- 198_/. J i1 ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: cjllz. 6 db9.j. ,1o1:r. CS. S'aneko 4853 %ali7e.ine c4umue ecman Vaki, Ca. 91423 SUBSURFACE PASS - THROUGH EASEMENT (G), Page 4 Grantor Parcel No. G -82, 83 and 84 LEGAL DESCRIPTION Those portions of lots Colony Tract as shown of Miscellaneous Maps, described as follows: Parcel 1 as per of Parcel Maps, California. BK 1395 1 Ps 259 10, 11 and 12 in Block L of Seashore 3n a map recorded in Book 7, Page 25 Records of Orange County, California, Map filed in Book 27 Page 4 records of Orange County EXHIBIT "A" G BK 1 395 1 PG 260 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 intersect-on of the centerline of Ocean Front (formerly Ccea -n Avenue) as said S,reetis shown on a man of the Seashore ColonyTrac; 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 Ci,y of Vea:por Beach, said northwesterly boundary line being the southeasterly line of Surnmit Street, 30.00 feet in width, as shown on said map_ of the Seashore Colony Tract, said point of beginning being a point in the boundary line of the land described in the parcel entitled "E:iHIBIT A TO SUBSURFACE EASEMENT" recorded in Book 2824, Page 391 of O`*ir'.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 Ne-.vport Beach North 35° 57130" East 472.31 feet to the centerline of the Santa Ana River as described in Case No. 22797 of the Supe ^iorCourtcf the State of California in and f'or the County of Orange and as sho-. n on a -nap filed in Book 65, Pages 31 through 36 of Records of Sur,,eys in the Cffice of the County Recorder of said County; thence along said centerline South 78 °00122" 'East, 515.70 feet and Scuth 56 °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 145.87 feet to a point on a cur-,,e in the centerline of Canal Street as said street is shown on said map of Tract No. 772, said curve being concave northerly and having a radius of 685. 00 feet; thence easterly along said curve and centerline 10. 63 feet through a central angle of 0 °53'21" to the centerline of Fern Street as said street.is shown on said map of Tract No. 772; thence along said centerline of Fern Street South 35 051'00" West, 26.45 feet to the north - westerly prolongation of the northeasterly line of Lot 10 in Block 8 of said Tract No. 772; thence along said northwesterly prolongation, said nor'beasterly 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 ir. 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 allev 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 - shcre Colony Trat;: thence along said northwesterly prolongation, said northeasterly line and the southeasterly prolongation thereof EXHIBIT "B" - Page 1 a I B 1 395 1 PG South 54 009'00" East, 114.93 feet to the centerline of Crange Street as said centerline is shown on said map of the Seashore Colony Tract; .hence along said centerline and the southwes.erly prolongation thereof Scu:h 35 °-17'30 Wesa. 137.17 feet to the northeasterly night -of -way line of the Pacific Elect.. -c 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 northeas.erly prolongation of the liie dividing Lots 7 and 8 in Block G*of said Seashore Colony Tract; thence along said northeasterly prolongation, said dividing line and the sou.h ves.erly 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 PCNT CF B£GINNPIG. CCNT� =L� G 21.333 Acres, more or less EXHIBIT "B" - Page 2 261 a i BK 1395 1 FG 262 r y' •� . ?': ,,.� a lei ; A.- I .8 ' ,11t LL co H s o 9 ` <4 /4QT .• 4P'y�' li -'r N''h °I � ry a 4 T�� a i UZ _• 1 �---�� 31 I �'I—I � UJ �o tl F7 •a1\ '\ •ef lW1 j �_� ��• ,1 a .r �z �I It• v CL ip• •. I .Y j, � { F a ° °\ ^^ I� Y• LU 1\ W y V, LL 9J u0 •\ • 4' ;n 4' i Wqa W S`Ty EXHIBIT "C" { I 0 STATE OF CALIFORNIA ) COUNTY OF k � Z4 E ) Onifct�lrl� 1l, before me, the under- signed, a Notary Pubic in and for said State personally ap- peared JOHN S. KANEKO and HELEN N. KANEKO known to me to be the person(s) whose name(s) are subscribed to the within instrument, and acknowledged that they exe- cuted the same. N TNESS I Ej2EOF, I have hereunto set my hand this day of _2 //i, o, ANGELES CO NTY Notary Public in for said MY Commission Expl(a May ZO, I9B3 County and t to 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 1S3L. SUBSURFACE PASS- THROUGH EASEMENT (G), Page 5 A 17594 S EN RECORDED MAIL TO: OF NEWPORT BEACH Newport Boulevard_ §rew Beach, California 92663 Deed Clerk EXE1iPT �r 1 MAIL TAX STATEMENTS TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newpe -rc Beach, California 92663 BK 14020 Q-u 1649 JK /MM 1.2/9/80 Parcel G 85 R'WDED IN OFFICIAL t`ECORDS of r.WGE CoURTr. CAL.'fORNIA -11 ? 5 AM APR 15 '81 LEE A. BRANCH, County Recordp' 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 ^R VALUABLE CONSIDERATION, receipt of which is hereby ack.^ _wle,dged, RU DOLPH J. VAL'ENTI AND NANCY A. VALENTI, HUSBAND AND WIFE, AS JOINT TENANTS hereby GPAtQT(S) and conveys to the CITY OF NE:9PORT BEACH, a mu :nic corporation, and its successors and assigns, a perpe ai easement and right of way to drill, test, com- p1e_e, =nuip, maintain, repair, clear, redrill, deepen, opera produce, dismantle (remove casing and other equip - ment _ -_ ), plug and abandon under and through the subsur- face cf _hat certain real property hereinafter described in which. C'r°antor has reserved the right to control subsurface pass - s:sough easements ( "Grantor's real property" herein) at a nct less than Four Hundred (400) feet measured ver- tical_� '----low the surface thereof, a well or wells for the purge exploring for and /or producing oil, gas and /or other <ocerbon substances; the easement and right of way grant-__` 'r.erein shall lie under that certain parcel of real grope _. situated in the City of Newport Beach, •County of Oranc_, Srate of California, and more particularly described in E;rS'r__ "A" to this Deed and such description by this re- feren e is made a part hereof as though set forth at length. SUBSURFACE PASS- THROUGH EASEMENT (G), Page 1 l,. • BE( 1 4020 PG 1650 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 sowing 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 foctac,r. of the lands lying within the outer boundaries of Exhic-_ "S," excluding public streets and highways owned in fee s.C.I-ple by the City of Newport Beach and also any lands owned fee simple by the City of Newport Beach, and fur- ther o>—Iuding streets and lands lying within the former Pacific 'lectric Railway Company right of way; provided, ho.:ev_'r; that Grantor shall not be entitled to any compen- satic —n used upon oil lost through evaporation, leakage, or ot-:erwis:a, or upon gas used, consumed or lost in extraction of c's_37.ne, or upon any oil or gas used in connection with any drilled or operated hereunder, or upon any gas whit; is used for repressuring any oil bearing formation in an act ^_*_ to further production from any such well or well:; ncr shall Grantee be obligated hereunder to save any gas, :.;:opt as there is a reasonable market and value for the s -._. Grantee shall be entitled to deduct from the compen- sation `:Ereunder the Grantor's proportionate share of any SUBSURFACE PASS- THROUGH EASEMENT (G), Page 2 0 BK 14020 PG 1 E5 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 comoensation accrued during the six preceding calendar month.: 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 wherever 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 'oart 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 zermainate, and Grantee shall be entitled to recover the a;,;unts of compensation previously paid to Grantor. Furt -. =ore, if it should be determined that Grantor owns less t..a: all of the rights to provide Grantee the easement right_ and right of way conveyed herein, Grantee shall be entitt_ed to accept such rights as are granted herein by Grant-­, and prorate the compensation accruing to Grantor accor -.-Cly. T' - -c Subsurface Pass - Through Easement shall be and be- come ective from and after the date that Grantor executes the sa-e, or January 26, 1981, whichever is later. Grantor hereby agrees to make no claims in eminent domai against Grantee relating to the herein - described lane, iicluding without limitation any claims for fees, costs. attorneys' fees, abandonment costs, interest, those claims e; ich 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 4 -020 PG 16 IS 2 ant to California Code of Civil Procedure Sections 1036, 1263.410, 1263.420, 1268:610, 1265.620 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 made and Grantor, for itself, its successors and assigns, hereby waives any claim for any and all damages to Grantor's remaining property contiguous to the property hereby conveyed which might be recoverable under Section 1263.410 et seq. of the California Code of Civil Procedure as those code sections exist on the date of the execution of the deed; provided, however, that such waiver shall not be construed to include a waiver of damages for any other cause except those enumerated in this paragraph. This Subsurface Pass - Through Easement and each and all of its provisions shall be binding upon and inure to the benefit o_ the heirs, executors, administrators, successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, this Su % surface Pa s -Thr ugh Ease- ment has been executed this ,/e7,/� ---- a ay of < <_..� , 198L. Rudol h J. alenti, Grantor Nancy A4Valenti, Grantor ADDRESS GRANTOR TG, WHICH, = :7' 'iSATIQN PAYMEN -_Z .._«, TO BE SENT: hir. and'. M­..- %dolph J . Valenti 7300 We`- can Front - Newport ', co, California 92663 SUBSURFACE PASS- THROUGH PASPMENT (G), Page 4 0 0 BK 14020 Pe 1C-53 Parcel No. G -B5 LEGAL DESCRIPTION Parcel 1. Lot One in Block M of Seashore Colony Tract, as shown on a ;dap recorded in Book 7, page 25 of Miscellaneous Maps, records of Orange County, California. EXCEPTING therefrom the Northeasterly 15 feet conveyed to the City of Newport Beach by deed recorded January 6, 1932 in Book 526, page 369 of Official Records. Parcel 2. The Northeasterly 15 feet of that portion of Ocean Front adjoining Lot One in Block M of Seashore Colony Tract, as shown on a Map recorded in Book 7, page 25 of Miscellaneous Maps, records of Orange County, California, abandoned on January 4th, 1932 by Resolution of the City Council of the City of Newport Beach. EXHIBIT "A" All those certain County of Orange, as follows: PARCEL "G" 0 • DESCRI? Noll Oil Production Condemnation B,,t 14020 P5 1 554 ' lands situated in the City of Newport Beach. State of California. more particular described Beginning at the intersec tion of the centerline of Ocean Front (formerly Ccean aven:ueras saidstreecis shown on a man of the Seashore Colony Tract recorded in Ecok 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 Newcort Beach, said northwesterly boundary line being the southeasterly line of Su=.it Street. 30.00 fee + . in width. as shown on said man of the Sets; -:ore Color.; T Tact, said point of beginning being a point in the boundar/ line Of the lard described in the parcel entitled "EXHIBIT A TO SUBSURFACE Sc. :iE IT" recorded in Book 2324. Page 391 of C` Lricial i?ecorda of said County; thence along said last mentioned boundary lire through the follo:airg courses: along said northwesterly boundary line of t "e City o: Nev1cort Beech North 35° 57130" East 472.31 feet to the centerline of the Santa Ana River as described in Case No. 22797 of the Super,orCocr; l the State of California in and for the County of Orange and as shorn or, a r..ap filed in Boob: 65, Pages 31 through 36 of Records of Sur -reys in the Cffice of the County Recorder of said County; thence along said centerline South 78 °00'22" East. 515.70 feet and South 66 °42'20" Eas'.. 643.27 feet to the northerly prolongation of the line dviid;ng Lots 6 and 7 in Block 11 of Tract No. 772 as sho-xn on a map recorded in Boot: 23. Pages 5-and 6 of said Miscellaneous Mans; thence along said northerly prolongation. said dividing line and the southerly prolongation thereof South 7°44'51" Wes-. 14.3.87 feet to a point on a curve in the ccf ^7e- : :-e of Canal Street as said street is shown on said map of Tract No. 772. said cure being concave northerly and having a radius of G85.00 feet: :`:ence easterly along said curve and centerline 10. 63 feet through a cea_ :-ni angle of 0'53121" to the cer.teriine of Fern Street as said s'reet.is S :O.vn on said :nap of Tract No. 772; thence along said centerline of Fern Street South 35 °51'00" West, 26.45 feet to the north- westerly prcic. ^ga¢ ion of th:e northeasterly line of Lot 10 in Block 8 of said Tract ,Nc. 772: thence along said nor?h ;westerly prolongation. said 11ce of Lot 0 and the southeasterly prolongation thereof South Last, 10 -.94 feet to the centerline of the 10 foot alley in said E Dom;; thence along said centerline of the 10 foot alley South 33 °SY' 0' rr!est. 90. 00 feet to the southwesterly line of said Tract No. 772 and a !:nc in the centerline of the 10 foot alley in Block 8 of said Seashoa-e Lo ony Tract; thence along said centerline of the 10 foot alley in' 80 3 South 35 °47'11" West, 120.00 feet to the northv :esterly prolong:t c :. D_ :tine nort`eas:erly line of Lot 4 in Block 8 of said Sea- shore Col - n- thence along said nor h ' esterly prolongation. said Wort ecs e and the soulneasterly pro lonbation thereof EXHIBIT "B" - Page 1 BK 14020 PG 1655 South 54 °09'00" mast, 114.93 feet to the centerline of Orange Street as said centerline is shown on said map of the Seashore Colony Tract;'ihence along said ce n;er'.ine and the southwesterly prolongation thereof South 35 °47'30" %Ves:, 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 -ecorded in Book 162, Pages 20 through 26 of said Miscellaneous 'Ma'cs: thence along said northeasterly right -of -way line South 5 °02'30" East, 113.67 feet to. the northeasterly prolongation of the li ^:e d :viding Lo:s 7 and B in Block G of said Seashore Colony Tract; thence -along _aid northeas*.erly prolongation, said dividing line and the southwest '.erly 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 Se_s.ore Colony Tract; thence along said centerline North 55° 51'30" viest, 1520. 63 feet to the POINT OF BEGINNING. I, CONT_.IND,!G 21.333 Acres, more or less EXHIBIT "B" - Page 2 0 0 BK 14020 Pc 1 656 Ll •1 \2' 1 `' Ic o u � F X i s r _ a W // Vii. ,•• 9 �.� 1 '! \ I in� r ham• /`,� 9 w i I W L__ uj LL 3 C � +m s1 is.x eU_c 4.}—n EXHIBIT "C" 0 STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) n BK 14020 PG 1657 On March 10, 1981 , 19 , before me, the under- signed, a ;votary Public in and for said State personally ap- peared RUDOLPH J. VALENTI AND NANCY A. VALENTI, HUSBAND AND WIFE known tome 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 10th day of March , 1981. — 1 No —teary Public in and for sa County and State CERTIFICATE OF ACCEPTANCE Government Code Sec. 27281 Tais is to certify that the interest in real property conveved. by the Deed as set forth above to the CITY OF NcWPOF.T SEACH is hereby accepted by the undersigned officer or agent on behalf cf the City Council of such City pursuant to aut_: r_tv conferred by an adopted resolution by the City Council c__ed Mev 13, 1968 and the Grantee consents to re r_, ;_;::;:ion L_-hereof by its duly authorized officer or agent. r NE S I have hereunto set my hand this t`1 L' SUBSURFACE PASS- THROUGH EASEMENT (G), Page 5 BK 13 9 5 1 PG 82 19087 JK /MM 12/8/80 ogc. Parcel G- 86 �En�V WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY. CAi WORNIA ICity Clerk Teed EXEMPT -3M P. IA. FEB 17'81 No, ��` ` <� C12 1EQ IL BUAK Cmaty Recorder MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX CITY OF NEWPORT BEACH 3300 Newport Boulevard Computed on the con- Newport Beach, California 92663 sideration or value of property conveyed. Computed on the con - sideration or value less j 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 W. JACOBS AND CLOLA M. JACOBS, TRUSTEES OF THE JACOBS FAMILY TRUST 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 M 41I T?_ o -.' ..,. no P!, .�-CT -n. AFOVE 0 0 8K 1395 1 PG 83 The rights granted herein to Grantee are for the pur- pose of drilling for, producing, extracting, taking, and removing oil, gas and other hydrocarbon substances by means of slant holes or wells drilled through and beneath the lands described in Exhibit "B," which by this reference is made a part hereof as though set forth at length, into tide waters beneath the Pacific Ocean and connecting waters; pro- vided, however, that the provisions of this instrument shall not entitle the Grantee, in any of its operations hereunder, to use any part of the Grantor's real property between the surface of the lands described in Exhibit "A" attached here- to and the depth above- specified, or to bottom any well within the boundaries of the Grantor's real property. A plat showing the area affected by such easement is attached hereto as Exhibit "C." This grant is made on the condition that Grantee, in its drilling and production operations, shall use and in- stall materials of good quality and condition, and all wells shall be drilled and maintained by Grantee in the best work- manlike manner and in accordance with good oil field prac- tice, and all water sands encountered therein shall be, ef- fectively and in a proper manner, plugged off; all drilling and other operations of Grantee hereunder shall at all times be conducted in a good and workmanlike manner and so as to prevent and avoid danger of any injury or damage therefrom to the property of Grantor; and Grantee shall take all rea- sonably necessary precautions to prevent the discharge or escape of mud, oil, debris or other matter onto the beach or adjoining property or into the waters of the Pacific Ocean. Grantor further makes this grant on condition that Grantee, as compensation for the easement and right of way granted hereunder, shall pay to Grantor a sum equal to such proportionate share of three and two hundred seventy -five thousandths percent (3.275 %) of the market value of all oil, gas and other hydrocarbon substances produced, saved and sold by means of any and all oil wells drilled and /or operated by Grantee during the term hereof under and through any part or parts of the lands described in Exhibit "B" hereto and bottomed beyond the outer boundaries described in Exhibit "B," as the square footage of Grantor's real prop- erty, as described in Exhibit "A ", bears to the total square footage of the lands lying within the outer boundaries of Exhibit "B," excluding public streets and highways owned in fee simple by the City of Newport Beach and also any lands owned in fee simple by the City of Newport Beach, and fur- ther excluding streets and lands lying within the former Pacific Electric Railway Company right of way; provided, however, that Grantor shall not be entitled to any compen- sation based upon oil lost through evaporation, leakage, or otherwise, or upon gas used, consumed or lost in extraction of gasoline, or upon any oil or gas used in connection with any well drilled or operated hereunder, or upon any gas which, is used for repressuring any oil bearing formation in an attempt to further production from any such well or wells; nor shall Grantee be obligated hereunder to save any gas, except as there is a reasonable market and value for the same. Grantee shall be entitled to deduct from the compen- sation hereunder the Grantor's proportionate share of any SUBSURFACE PASS - THROUGH EASEMENT (G), Page 2 BK 1395 1 PG 84 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 13951 Ps 85 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 :• C day of , 1981. i OHN W. C BS CLOLA M. JACOBS ` Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: SUBSURFACE PASS- THROUGH EASEMENT (G), Page 4 Parcel No. G -86 LEGAL DESCRIPTION 0 BK 1395 1 PG $6 Parcel 1: Lot 2, Block "M" of Seashore Colony Tract, as per map recorded in Book 7, page 25 of Miscellaneous Maps, in the office of the County Recorder of the County of Orange, State of California. I EXCEPTING THEREFROM the Northeasterly 15 feet of said Lot, as conveyed to the City of Newport Beach, by deed dated December 21, 1931 and recorded in Book 540, Page 170 of Official Records. Parcel 2: The Northeasterly 15 feet of that portion of Ocean Avenue adjoining Lot 2, Black "M" of Seashore Colony Tract, as shown on a map recorded in Book 7, page 25 of Miscellaneous Maps, Records of Orange County, on the Southwest, which was vacated and abandoned by the City of Newport Beach, on January 4, 1932 as disclosed by a certified copy of resolution recorded in Book 530, page 34 of Official Records. EXHIBIT "A" DESCRIPTION Oxbow Oil Production Condeernation All those certain lands situated in the City of Newport Beach, County of Orange, State of California, more particular described as follows: FA RC EL "G" Beginning at the intersection of the centerline of Ocean Front (for-r_erly Ocean avenue) as said street is shown ore a neap of the Seashore ColonyTract recorded in Book 7, Page 25 of Miscellaneous Maps in the Office of the County Recorder of said County with the northwesterly boundary line of the City of Newport, Beach, said northwesterly boundar-f line be ng the sout: ^.easterly 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 boucda:y line of the land described in the parcel entitled "Z-X-1hEmIT 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 centerli ^e of the Santa Ana River as described in Case No, 22791 of t':e Su --e;-:orCourtof the State of California in and for the County of Orange and as sho•:rn on a chap -filed in Boot: 65, Pages 31 through 36 of Records of Surveys in :`:e 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 10.65 feet . through a central angle of 0'53'21" to the centerline of Fern Street as said street.is snc:vn on said map of Tract No. 772; thence along said centerline of Fern Street South 35 °51'00" West, 26.45 feet to the north- westerly prolongation of the northeasterly line of Lot 10 in Block 8 of said Tract No. 772; thence along said northwesterly prolongation, said nor'heasterly line of Lot 10 and the sout :easterly prolongation thereof South 54 °09'00" East, 104.94 feet to the centerline of :he 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 al'.cy in Block 8 Sou:h 35 °47111" West, 120.00 feet to the northwesterly prolongation of the northeasterly line of Lot 4 in Block 8 of said Sea- shore Colony Trac'.: thence along said northwesterly prolongation, said nor:heas:crly line and the sou:hcasterly prolongation thereof EXHIBIT "B" - Page 1 aK 1 395 1 PG 88 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 Sousa 35 °47'30" West. 137.17 feet to the northeasterly right -of -way line of t`:e Pacific Electric Railway, being the northeasterly line of Tract No. 4; 00 as shown on a map recorded in Book 162• Pages 20 through 26 of said Miscellaneous Maos: thence along said northeasterly right- of -%vay line Soc.h 54'02'30" East. 116.57 feet to. the northeasterly prolongation of ,he line dividing Lots 7 and 3 in Block G*of said Seashore Colony Tract; thence °along said northeasterly prolongation• said dividing line and the southwes.eriy 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 Nor--.h 55° 51'30" West, 1520. 63 feet to the POINT OF BEGINNING. CONT LNING 21.333 Acres, more or less EXHIBIT "B" - Page 2 I BK 13951PG 89 yt Er " f e I fa e X a I><Li Ll.I xr l T �o !c JN lip ex uwen. YQa= O �V 4 Wos i W :E.! C:HAi EXHIBIT "C" STATE OF CALIFORNIA ss. COUN'T'Y OF ORANGE BK 13 9 5 1 Po On AhUGrV , 19'4, before me, the under- signed, a Notaryy ublic in and for said State personally ap- peared JOHN W. JACOBS AND CLOLA M. JACOBS AS TRUSTTES OF THE JACOBS FAMILY TRUST known to me to be the person(s) whose name(s) are subscribed to the within instrument, and acknowledged that TuFV exe- cuted the same. IN WITNESS WHEREOF, I have hereunto set my hand this �4i 1 day of )c21'I U6i v � =RYAL�FO zj IFORYI A MI Notary Public in and for said .ia,F933 r County and State CERTIFICATE OF ACCEPTANCE Government Code Sec. 27281 This is to certify that the interest in real property conveyed by the Deed as set forth above to the CITY OF NEWPORT BEACH is hereby accepted by the undersigned officer or agent on behalf of the City Council of such City pursuant to authority conferred by an adopted resolution by the City Council dated May 13, 1968 , and the Grantee consents to recordation thereof by its duly authorized officer or agent. I IN WITNES' WHEREOF, I have hereunto set my hand this s-1L day of , 19I. SUBSURFACE PASS - THROUGH EASEMENT (G), Page 5 . SiED 5Y 'k-Q , Dd • 8�_513J1C C6 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 JK /T4M 12/8/80 �,1 Paced 7 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA -1 os PIA OEC 11 '84 qZ- G �/ B COUNir W�ac+�� NECORDER 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, BEULAH SMITH HILBERT 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 hereinaf ar describe" ii, 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 1 a4- 51?G16 The rights granted herein to Grantee are for the pur- pose of drilling for, producing, extracting, taking, and removing oil, gas and other hydrocarbon substances by means of slant holes or wells drilled through and beneath the lands described in Exhibit "S," which by this reference is made a part hereof as though set forth at length, into tide waters beneath the Pacific Ocean and connecting waters; pro- vided, however, that the provisions of this instrument shall not entitle the Grantee, in any of its operations hereunder, to use any part of the Grantor's real property between the surface of the lands described in Exhibit "A" attached here- to and the depth above - specified, or to bottom any well within the boundaries of the Grantor's real property. A plat showing the area affected by such easement is attached hereto as Exhibit "C." This grant is made on the condition that Grantee, in its drilling and production operations, shall use and in- stall materials of good quality and condition, and all wells shall be drilled and maintained by Grantee in the best work- manlike manner and in accordance with good oil field prac- tice, and all water sands encountered therein shall be, ef- fectively and in a proper manner, plugged off; all drilling and other operations of Grantee hereunder shall at all times be conducted in a good and workmanlike manner and so as to prevent and avoid danger of any injury or damage therefrom to the property of Grantor; and Grantee shall take all rea- sonably necessary precautions to prevent the discharge or escape of mud, oil, debris or other matter onto the beach or adjoining property or into the waters of the Pacific Ocean. Grantor further makes this grant on condition that Grantee, as compensation for the easement and right of way granted hereunder, shall pay to Grantor a sum equal to such proportionate share of three and two hundred seventy -five thousandths percent (3.275 %) 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 8 t - 513016 � 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 ^ � 6 B4+- 51 -�V _ ant to California Code of Civil Procedure Sections 1036, 1263.410, 1263.420, 1268.610, 1268.620 and 1268.710. Gran- tor also agrees and consents to the dismissal of any emi- nent domain action in the Superior Court wherein Grantor's real property is included. Grantor further understands the purpose for which this Grant is being made and Grantor, for itself, its successors and assigns, hereby waives any claim for and all damage to such Grantor's property or remaining property contiguous to the Grantor's real property interests hereby conveyed for the purposes described :herein. This Subsurface Pass- Through Easement and each and all of its provisions shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, this,S,.jbsurface ?ass- Through Ease- ment has been executed this ,day of Qom) 198 ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: �l <CA- J BEULAH SMITH HILBERT Grantor Social Security No. SUBSURFACE PASS- THROUGH EASEMENT (G), Page 4 3If- 51301.6 PARCEL NO_ G-87 LEGAL DESCRIPTION FAR.CEL 1: Lot 3 in Block "M" of Seashore Colony Tract, in the City of Newport Beach, as per map recorded in Book 7, Page 25 of Miscellaneous Maps, official Records of Orange County EXCEPT the Northeasterly 15 feet as conveyed to the City of Newport Beach by deed recorded January 6, 1932 in Book 529, Page 197 of Official Records of the County of Orange, State of California. PARCEL 2: The Northeasterly 1.5 feet of that portion of Ocean Avenue adjoining said Lot 3, which was abandoned January 4, 1932 by resolution of the City Council of the City of Newport Beach. EXHIBIT "A" 34- 513016 DESCRIPTION Oxbow Oil Production Conderrnati All those certain lands situated in the City of tlewoort Beach, County of Orange, State of California, more particular described as follovis : PARCEL "G" Beginning at the intersec *.ion of the centerline of Ocean Front (formerly Ocean Avenue) as said street is shown on a :nap 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 "ENIsIBIT A TO SUBSUP.FACE EASEMENT" recorded in Book 2524. Page 391 of Off:ciai Records of said County; thence along said last mentioned boundar-f line through the folloviing courses: along said northwesterly boundary line of the City of Newrort Beach North 135'57'30" East 472.31 feet to the cemerline of the Santa Ana River as described in Case No. 22797 of t!-e .Su'PelI -Cour of the State of California in and for the County of Orange and as shovrn on a rr.ap filed in Book 65. Pages 31 through 36 of Records of Surreys in the Office of the County Recorder cf said County- thence along said centerline South 78 000'22" East. 515.70 feet and Sou"i 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 7 044'51" West 148.87 feet to a point on a cur-ve in the centerline of Canal Street as said street is shown on said mat) of Tract. No. 772, said curve being concave northerly and having a radius of G35.00 feet: t!ience 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 s'.reet.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 nor'h- westerly prolongation of the nort heasterly line of Lot 10 in Block 8 of said Tract No. 772: thence along said northwesterly prolongation. said nor' —Iasterly line of Lot 10 and the southeasterly prolongation thereof -, South 54 °09'00" East. 104.94 feet to the centerline of the 10 foot alley in said Block 8: thence along said centerline of the 10 foot alley South 35'51100" West. 90.00 feet to the southwesterly line of said Tract No. 772 and a point in the centerline of the 10 foot alley in Block 8 of said Seashore Colony Tract- thence along said centerline of the 10 foot alley in Block 8 South 35 °47'11" Nest. 130.00 feet to the northl:esterly pro!o.^.gation of the nort`.:easterly line of Lot 4 in Block 8 of said Sea- shore Colony Tract- thence along said nor-`hresteriy prolongation. said nor...eastery line and the southeasterly Prolongation thereof EXHIBIT "B" - Page 1 34- 5J_'D, 6 South 54 °09'00" East, 114.93 feet to the centerline of Orange Street as said centerline is shown on said map of the Seashore Colony Tract; thence along said centerline and the southwesterly prolongation thereof South 35 °47'30" Nest, 137.17 feet to the northeasterly right -of -way line of the Pacific Electric Railway, being the northeasterly line of Tract No. 4400 as shown on a mao recorded in Book. 162, Pages 20 through 26 of said Miscellaneous Maps: thence along said northeasterly right -of -way line South 54 °02'30" East, 113.67 feet to.. the northeasterly prolongation of the line dividing Lots 7 and 3 in Block G of said Seashore Colony Tract; thence along said northeasterly prolongation, said dividing line and the southwesterly prolongation thereof South 35'57'30'' 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" Nest, 1520. 68 feet to the POINT OF BEGINNING. CC vTALNLNG 21.383 Acres, more or less EXHIBIT "B".- Page 2 84-51A.3016 EXHIBIT "C" (7' UJI .47 r--- UL co cp LL LU Z- 81t- 51 -el-6 STATE OF CALIFORNIA COUNTY OF Z,'-'.5 /L L SS. On /),!,' (1, ai Ll' 2'7 before said State, penonally appeared .?)C- , personally known to me or proved to me on the basis of satisfactor ' v evidence to be the penon—whose name / _'� subscri�,d to the within instrument and acknowledged that-,L6 V exe- cuted the same. WITNESS my hand -and official sea Signature( the Public in and for �77 07 " 111c'A' 01 c ..... US. X1 t:,p A (This area for Official nolayial scal) CERTIFICATE OF ACCEPTANCE GovLrnment 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 - "Ly -13 to recordation thereof its duly authorized officer or agent. %? XN WITNESS WHEREOF, I have hereunto set my hand this .-.7 '771day of t,- c-, r 1 gy'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 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 1-1 day of December, 1984. Robert L. Wvnn SUBSURFACE PASS—THROUGH EASEMENT (G), Page 5 40837 WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 ^i.'y Cl,�k MAIL TAX STATEMENTS TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 %4 JR /MM 12/8/80 Parcel RECORDED IN OFFICIAL RECORDS o, OF ORANGE COUNTY, CALIFORNIA ^ -9 10 AM JUL 29 '81 UE A. pRp cK 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, THOMAS N. NIXON AND MARIAN W. NIXON, husband and wife, as joint tenants as Sellers and ROCCO D. TARANTELLO, a married man, as his separate property,.as to an undivided one -half interest, and DOMENIC N. COCUZZI, a married man, as his separate property, as to an undivided one -half interest, as tenants in common as purchasers under a contract of sale and PAUL A. HEUSSENSTAMM AND DEBORAH HEUSSENSTAMM, Husband and Wife as Joint Tenants as purchasers under a contract of sale from ROCCO D. TARANTELLO AND DOMENIC N. COCUZZI 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 FOP (3) CD _>a r.� fQ `�I Bl, 14 1 ELPG 214 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 operatiron 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 • • 81K 141E0PG 21 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 23d day of FPhrna 47. 1481 It is understood and agreed by and between the parties hereto that royalty payments as provided in this instrument are to be paid to Paul A. Huessenstamm and Deborah Heussenstarmn, 7306 W. Ocean Front, Newpor alifornia. 92663 /u/ l,lti�% ANp .ilk /1,cN li/• .11ixa.✓ '4- 66 D6G,•yE (MII1.S N. NIXON /,` T SrHc' C „y oc n/e�j>aat 3E��ti �'� W, >Fri./ /8 c! D4 /YS of T/ie n,r% �rr :.•Y GliiH,✓ 7-4, 1,�e A��7TP; Tlz /jayr3G. P,4yAu,fr AYE' dz xi, ole �O TNc w o- 3 Al. /✓ ,co.✓ 4^�V %971iAN lU- Alllxon/ d3eq, MARI-AN W. NIXON / Grantor )ROCCO D. TARANTELLO DOMENIC N. COCUZZI a pL i7 C � cam” -i.. —` /�Lws}d- i'..�4-'f CC�•'LL.Liti PAUL A.'HEUSSENSTAMM ADDRESS OF GRANTOR TO WHICH COMPENSATION �I PAYMENTS ARE TO BE SENT: ,z,/1-� e.� C�•� DEBORAH HEUSSI�NSTAMM Mr. and nlrc Panl d uo. +,. 7306 West Ocean Front Newport Beach, California 92663 SUBSURFACE PASS - THROUGH EASEMENT (G), Page 4 u 141E0 P.0 21 PARCEL G -88 LEGAL DESCRIPTION Lot 4, Block M 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, and the Miscellaneous Maps, in the office of the County Recorder, County of Orange, State of California, and the Northeasterly 15 feet, (measured along a line drawn parallel) with the Southwesterly prolongation of the Northeasterly line of Sonora Street) of that portion of Ocean Avenue abutting on said Lot 4, vacated by a resolution of the Board of Trustees of said City, a certified copy being recorded January 5, 1932, in Book 530, page 54 of Official Records. EXCEPTING THEREFROM the Northeasterly 15 feet conveyed to the City of Newport Beach by the quitclaim deed recorded January 6, 1932 in Book 53, page 493 of Official Records. EXHIBIT "A" R 14160PG 217 DESCRIPTION Oxboca 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'l: 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 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 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° 57'30" East 472. 31 feet to the centerline of the Santa Ana River as described in Case No. 22797 of the SuperiorCourtof the State of California in and for the County of Orange and as shown on a map filed in Book 65, Pages 31 through 36 of Records of Surveys in the Office of the County Recorder of said County; thence along said centerline South 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 Maps: thence along said northerly prolongation, said dividing line and the southerly prolongation thereof South 7° 44151" 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 G85.00 feet; thence easterly along said curve and centerline 10.63 feet through a central angle of 0° 53'21" to the centerline of Fern Street as said street_is shown on sai centerline of Fern Street Sc westerly prolongation of the said Tract No. 772; thence northeasterly line of Lot 10 South 54° 0?' 00" East, 104 in said Block 8; thence South 350 51'00" West, 90. 0( No. 772 and a point in the said Seashore Colony Tract alley in Block 8 South 35 °4 prolongation of the northeas shore Colony Tract; thence northeasterly line and d map of Tract No. 772; thence along said )uth 35 °51'00" West, 26.45 feet to the north- northeasterly line of Lot 10 in Block 3 of along said northwesterly prolongation, said and the southeasterly prolongation thereof 94 feet to the centerline of the 10 foot alley along said centerline of the 10 foot alley 1 feet to the southwesterly line of Said Tract centerline of the 10 foot alley in Block 8 of thence along said _ enterline of the 10 foot 7'11" West, 120.00 feet to the northwesterly terly line of Lot 4 in Block 8 of said Sea - along said northwesterly prolongation, said the southeasterly prolongation thereof EXHIBIT "B" - Page 1 11 • BK 14 1 P0PG 2 18 South 54 °09'00" East, 114.93 feet to the centerline of Orange Street as said centerline is shown on said map of the Seashore Colony Tract; thence along said centerline and the southwesterly prolongation thereof South 35 047'30" West, 137.17 feet to the northeasterly right -of -way line of the Pacific Electric Railway, being the northeasterly line of Tract No. 4400 as shown on a man 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, 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 35057'30" West, 276.10 feet to said centerline of Ocean Front as said street is shown on said map of the Seashore Colony Tract; thence along said centerline North 550 51'30" West, 1520. 68 feet to the POINT OF Br GINnNING. I. 1 CONTAlNLNG 21.383 Acres, more or less EXHIBIT "B" - Page 2 BK 14 1 rC 0 PO 2 1 G R 4-1 z 0 Lj zx co I LU FTI S 21 CL r tu uj ai EXHIBIT "C" • i :A ;.r,i 110i(NIA Cu.,i, I Y ui Orange E B); 1 4 1 EOPe 220 un February 23, 1981 1 before me, the undersigned, a Notary Public in and for saidSete, personally appeared Paul A. Heusstenstamm and Deborah Heussenstannn k,ivvai to me to be the persons whose names are subscribed to the within instrument s„d acknowledged thatthey_ executed the same. JlilaE` ;S my hand official seal. _ H. E. Nickerson SVITE OF CALIFORNIA ) COUNTY OF Orange ) 011 February 25, 1981 , before me, the undersigned, a Notary Public in and for said State, personally appeared Rocco D. Tarentello known to me to be the person 00 whose name is subscribed to the within instrument and acknowledged that he executed the same. tJIIN1CjS my hand and official seal. ?nY G, V,yi �;,,n i_�pirrc,; 1.!orthJ28., 194! H. E. Nickerson hd L OF CALIFORNIA ) , ;,i;,, rY OF Orange ) March 23, 1981 before me, the undersigned, a Notary Public in and for said per,011allyappeared Thomas N. Nixon and Marion_W. Nixon to ; +.c to be the person (s re- _ subscribed to the within instrwnelit and nl that .they_.._ executed the same. LSS My hand and pfficial seal. . NICKCRYDN M--- µ ^;ar. Pu`: c . falilornia G..IWIs; .L OFFJCLE 1.1 © \`?:'•� LCS PN :_*,4LES COUNTY UAI My Cemmis:on ! pi: w•ua: 1981 I ww.,....:....�.- ...... Nickerson CERTIFICATE OF ACCEPTANCE Government Code Sec. 27281 This is to certify that the interest in real property conveyed by the Deed as set forth above to the CITY OF NEWPORT BEACH is hereby accepted by the undersigned officer or agent on behalf of the City Council of such City pursuant to authority conferred by an adopted resolution by the City Council dated May 13, 1968 , and the Grantee consents to recordation thereof by its duly authorized officer or agent. IN WITNESS WHEREOF, I have hereunto set my hand this day of `/ SUBSURFACE PASS — THROUGH EASEMENT (G), Page 5 i „`- ... �.y. •NY Coryrq;;,ipn F.zni:; VUN7V s hWrc'n 28, 1981 011 February 25, 1981 , before me, the undersigned, a Notary Public in and for said State, personally appeared Rocco D. Tarentello known to me to be the person 00 whose name is subscribed to the within instrument and acknowledged that he executed the same. tJIIN1CjS my hand and official seal. ?nY G, V,yi �;,,n i_�pirrc,; 1.!orthJ28., 194! H. E. Nickerson hd L OF CALIFORNIA ) , ;,i;,, rY OF Orange ) March 23, 1981 before me, the undersigned, a Notary Public in and for said per,011allyappeared Thomas N. Nixon and Marion_W. Nixon to ; +.c to be the person (s re- _ subscribed to the within instrwnelit and nl that .they_.._ executed the same. LSS My hand and pfficial seal. . NICKCRYDN M--- µ ^;ar. Pu`: c . falilornia G..IWIs; .L OFFJCLE 1.1 © \`?:'•� LCS PN :_*,4LES COUNTY UAI My Cemmis:on ! pi: w•ua: 1981 I ww.,....:....�.- ...... Nickerson CERTIFICATE OF ACCEPTANCE Government Code Sec. 27281 This is to certify that the interest in real property conveyed by the Deed as set forth above to the CITY OF NEWPORT BEACH is hereby accepted by the undersigned officer or agent on behalf of the City Council of such City pursuant to authority conferred by an adopted resolution by the City Council dated May 13, 1968 , and the Grantee consents to recordation thereof by its duly authorized officer or agent. IN WITNESS WHEREOF, I have hereunto set my hand this day of `/ SUBSURFACE PASS — THROUGH EASEMENT (G), Page 5 R I MI C'C 383H 3IdVIS R I 0 • 28212 WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 i`v Cietk C�sd MAIL TAX STATEMENTS TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 EXEMPT EM BK 1 3989p 1632 JK /MM 12/8/80' Parcel G- 89 RECORDED Iy CFFICIAI OFr.ORDS- OF 0:14GE COUNTY, CALrvBNIA -329 PM U20 181 LEE A. BAMXH, 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, GEORGE E. MC CALL AND CAROLE J. MC CALL, husband and wife as community property On 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 aK 13939po 1633 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 13989PG 1634 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 13989Po 1635 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 Through Ease- ment has been executed this day of , 198. GEORGE E. MC CALL CAROLE J. (CALL Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: iA SUBSURFACE PASS - THROUGH EASEMENT (G), Page 4 6K 13939Po 1636 Parcel No. G -89 LEGAL DESCRIPTION PARCEL 1: Lot 5, Block M, of Seashore Colony Tract, as per map recorded in Book 7, Page 25 of Miscellaneous Records, in the office of the County Recorder of the County of Orange, State of California EXCEPTING THEREFROM the Northeasterly 15 feet conveyed to the City of Newport Beach, by deed recorded January 6, 1932, in book 526, page 367 of Official Records. PARCEL 2: The Northeasterly 15 feet of th& portion of Ocean Avenue, adjoining Lot 5, Block M of Seashore Colony Tract, as per map recorded in book 7, page 25 of Miscellaneous Map, abandoned on January 4, 1932, by Resolution of City Council of City of Newport Beach. EXHIBIT "A" 0 0 BK 13989PG 1637 DESCRIPTIOIJ 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 Be;innfng at the intersection of the centerline of Ocean Front (formerly Ocean Avenue) as said street is shown on a man of the Seashore ColonyTract recorded in Boor. 7, Page 25 of Miscellaneous Maps in the Office of the County Recorder of said County with the north%vesterly boundary line of the City of Newport Beach, said north :vesterly boundary line being the southeasterly line of Sunrrnit Street, 30- 00 feet in width, as shown on said rr.aP of '.he 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 O:ficial _Records of said County; thence along said last mentioned boundary line through the folic :ving courses: along said northwesterly boundary line of the City of Newport Beach North 35° 57'30" East 472 -31 feet to the cen:erti:�e of the Santa Ana River as described in Case No- 22797 of the Su.Pei iorCou ci the State of California in and for the County of Orange and as sho:,m on a r.:ap filed in Book 65, Pages 31 through 36 of Records of Surveys in the Office of the County Recorder of said County; thence aiong 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 °411'51" West 148.87 feet to a point on a curve in the centerline of Canal Street as said street is sho\"n on said rr.ap of Tract No- 772, said curie being concave northerly and having a radius of G35 -00 feet; thence easterly along said curve and center-line 10 -63 feet through a central angle of 0'53'21" to the centerline of Fern Street as Said strect.is sno. n 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 Bloc4 8 of said Tract No- 772: thence along said northwesterly prolongation, said norheasterly line of Lot 10 and the southeasterly prolongation thereof Sou:h 59 °00'00" East, 101 -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" test. 90.00 feet to the southviesterly line of said Tract No. 772 and a porn t in the centerline of the 10 foot alley in Block 8 of said Seashore Colony Tract: thence along said zcnterlir.e of the 10 fool ai'.cr in B!oc'r. 8 South 35 047111" Nest, 120.00 feet to the northv:esterly pro!cnsztion of the northeasterly line of Lot 4 in Block 8 of said Sea - shcre Colony Tract: tl:ence along said northwesterly prolongation. said nor:`:ensterly line and the sou!heasterly prolongation thereof EXHIBIT "B" - Page 1 BK 13989PC 1638 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" we s_ 137.17 feet to the northeasterly right -of -way line of the Pacific Electric Railway, being the northeasterly line of Tract No. 4400 as shorn on a mao recorded in Book 162, Pages 20 through 26 of said Miscellaneous Maps: thence along said northeasterly right -of -way line South 54 °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 . lout' ^,- veste.rly prolongation thereof South 35 057'30" Nest, 276.10 feet to said centerline of Ocean Front as said street is shown on said map of the Seashore Colony Tract; thence along said centerline North 550 51'30" West, 1520. 68 feet to the POINT OF BEGI ING. I, i CCNTyIN`r_\*G 21.383 Acres, more or less EXHIBIT "B" — Page 2 BR 1 3989p 1639 .. z9 � I O yr oe � I. y e I�,� I� W \ \ 4J e 1p ca • �' /% \ \, f� 4 W W co ce �-- I a C I �.� /oTi,c�e �, it �•'a. no_ c\ - �'� 'mom F— m W_ os W T 4iHm� EXHIBIT r'C" 0 STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) • BK 1398 9p 1640 On"%J• l� 1q1, before me, the under- signed, a Notary Public in and for said State personally ap- peared GEORGE E. MC CALL AND CAROLE J. MC CALL, husband and wife as community property 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 �>Q. 19P. ti fNlN)� ply. n'JOHN by r3 i C' NIA N �+ Nota Public in and for said /ounty and .State CERTIFICATE OF ACCEPTANCE Government Code Sec. 27281 This is to certify that the interest in real property conveyed by the Deed as set forth above to the CITY OF NEWPORT BEACH is hereby accepted by the undersigned officer or agent on behalf of the City Council of such City pursuant to authority conferred by an adopted resolution by the City Council dated May 13, 1968 , and the Grantee consents to recordation thereof by its duly authorized officer or agent. IN WITNESS WHEREOF, I have hereunto set my hand this day of 198/. i� i SUBSURFACE PASS- THROUGH EASEMENT (G), Page 5 r FiE4 WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California City Clerk i ^ed No.47 .L 19095 92.663 EXUAPT C12 BK 13 9 51 Pc JK /MM 12/8/80 Parcel G'- 90' RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY. CALIFORNIA -21H P. M. FEB 11 '81 MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 . . .Computed on the con- sideration or value of property conveyed. . . .Computed on the con - sideration or value less liens or encumbrances re- maining at time of sale. Signature of Declarant or Agent determining tax - - Firm Name SUBSURFACE PASS- THROUGH EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, PIERRE BERTOLINO AND ANNA BERTOLINO, 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 MA{iTAX STATEMCNTS AS DIRECTZD ABOVE 155 Y 0 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 escape of mud, oil, debris or adjoining property or into th, to prevent the discharge or other matter onto the beach or 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 wee 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 . 157 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 C�1 BK 1395 1 PG ant to California Code of Civil Procedure Sections 1036, 1263.410, 1263.420, 1268.610, 1268.620 and 1266.710. 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 10th day of February , 198_1. L l i s Reldo ev V FIEIi RTOLI40 ANNA BERTOLINO Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: Mr. and Mrs. Pierre Rer olino 7310 West Ocean Front Newport Beach, California 92663 SUBSURFACE PASS - THROUGH EASEMENT (G), Page 4 158 A P • Parcel No, G -90 LEGAL DESCRIPTION • BK 1 395 1 PG 159 Parcel 1: Lot 6 in Block "M" of Seashore Colony as per Map thereof recorded in Book 7, page 25 of Miscellaneous Maps, records of said Orange County, State of California. EXCEPT therefrom the Northeasterly 15 feet as , conveyed to the City of Newport Beach by Deed recorded January 6, 1932, in Book 523, page 495 of Official records. Parcel 2: A strip of land 15 feet wide adjoining Parcel 1 above described on the Southwest between the South - westerly extensions of the Southeasterly and Northwesterly lines of said Lot 6, being part of the vacated portion of Ocean Avenue vacated by Resolution of the City Council of the City of Newport Beach, a certified copy of which was recorded January 5, 1932 in Book 530, page 54 of Official Records. EXHIBIT "A" BK 1 355 1 PG 160 oESCZIPTION 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 ": Eeginning at the intersection of the centerline of Ocean Front (formerly Ocean Avenue)as said street is shown on a -nap of the Seashore Calony Tract recorded in Book 7, Page 25 of Miscellaneous Maps in the Office of the County Reco -der of said County with the northwesterly boundary line of the City of Ne por4 Beach, said northwesterly boundary line being the southeasterly line of Sun -i:t Street, 30. 00 feet in width, as shown on said mar) of :he 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 SU3SUR .SCE EASE.'AENT" recorded in Book 2824, Page 391 of C :cial 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 se Santa Ana River as described in Case No. 22791 of the Su --eciorCou: -of the State of California in and for the County of Orange and as shown on a map filed in Book 65, Pages 31 through 36 of Records of Surveys in the Office of the County Recorder of said County; thence along said centerline South 78'00'22" East, 515.70 feet and South 66 °42'20" East, 643.27 feet to the northerly prolongation of the line dividing Lots '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 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 635.00 feet; thence easterly along said curve and centerline 10. 63 feet through a central angle of 0 °5312.1" to the centerline of Fern Street as said street.is shown on said man of Tract No. 772; thence along said centerline of Fern Street South 35 °51100" West, 26.45 feet to the north - westerly prolongation of the northeasterly line of Lot 10 in Block 8 of said Traci No. 772; thence along said northwesterly prolongation, said nor':':easterly lire 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" 1' :esL, 90.00 feet to the southwesterly line of said Tract No. 772 and a point in the centerline of the 10 foot alley in Block 8 of said Seashore .Colony Tract: thence along said = enterline of the 10 foot al!cy in Block 8 South 35 °47'11" Nest, 120.00 feet to the northwesterly pro!on ;ztion of the northeasterly line of Lot 4 in Block 8 of said Sea - shore Colc.ny Tract; thence along said northwesterly prolongation, said northeasterly lire and the southeasterly prolongation thereof EXHIBIT °B" — Page 1 V • 0 . . ..._ _.. SK 1325 1 P6 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" %Vest, 137. 17 feet to the northeasterly right -of -way line of the Pacific Electric Railway, being the northeasterly line of Tract No. 4400 as shown on a mar) recorded in Book 162, Pages 20 through 26 of said Miscellaneous Maps; thence along said northeasterly right -of -way line South 54 002!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 nor:!:easterly prolongation, said dividing line and the south•::es ',er'.y prelon .ga;ion 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" Nest, 1520.68 feet to the POINT OF BEGINNING. CONT =-\-'G 21.333 Acres, more or less k•. EXHIBIT "B" — Page 2 I 161 A ,•S J 3 1p i / x' w �.� is a I L < �\ L = •8, / �� s .Y s• r, o0 ,,\...• iii W _ xx 3 r r LLB Y 1 •• i n I ~ • �, CL Y W:o z x U a Woa a�F-ez EXHIBIT "C" i I L • STATE OF CALIFORNIA ss. COUNTY OF ORANGE 0 BK 1 395 1 PG 163 On February 10, , 1981, before me, the under- signed, a Notary Public in and for said State personally ap- peared PIERRE BERTOLINO AND ANNA BERTOLINO, husband and known to me to be the person(s) whose name(s) are subscribed to the within instrument, and acknowledged that they exe- cuted the same. IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of February 1981. •'CR50N Cmio W ^J;V Notary Public in and for said County and State CERTIFICATE OF ACCEPTANCE Government Code Sec. 27281 This is to certify that the interest in real property conveyed by the Deed as set forth above to the CITY OF NEWPORT BEACH is hereby accepted by the undersigned officer or agent on behalf of the City Council of such City pursuant to authority conferred by an adopted resolution by the City Council dated May 13, 1968 , and the Grantee consents to recordation thereof by its duly authorized officer or agent. IN WITNESS WHEREOF, I have hereunto set my hand this /Za day of SUBSURFACE PASS- THROUGH EASEMENT (G), Page 5 BK 1 4020 P6 1 658 17595 JK /MM 12/8/80 p1NQ Y 13' kce l . G ' 91 , RWQ' -W WHH EN RECORDED MAIL T0: 11�-TT`y NEWPORT BEACH `-9 �3 ort Boulevard REcuMoINOFFTIALRECORDS r Leach, California 92663 OF OWAE CC1IM, CALIFORNIA K _ ti APR?31�81�':' LDlc AM ADR15'81 EXEMPT CITY 0, ; / 'If`� % C 2 LEE A. SR ;300. Co�asp RasaCK TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX $ ? CITY OF NEWPORT BEACH l 3300 Newport Boulevard . . .Computed on the con Newport Beach, California 92663 sideration or value of property conveyed. . . .Computed on the con- sideration or value less liens or encumbrances re- maining at time of sale. Signature of Declarant or Agent determining tax - Firm Name SUBSURFACE PASS- THROUGH EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, PATRICIA A. STOMEL, a married woman as her sole and separate property as to an undivided one -half interest and WILLIAM TAYLOR AND HELEN TAYLOR, husband and wife as join-, tenants as to an undivided one -half interest here '-v GR ?_NT(S) and conveys to the CITY OF NEWPORT BEACH, a municipal corporation, and its successors and assigns, a perpetual easement and right of way to drill, test, com- plete, equip, maintain, repair, clear, redrill, deepen, operate, :produce, dismantle (remove casing and other equi;-- ment '__o), plug and abandon under and through the subsu - face of that certain real property hereinafter described in which Grantor has reserved the right to control subsurface pass -t^ >> gh ease.^ents ( "Grantor's real property" herein) at a de r:ot less than Four Hundred (400) feet measured ver- ticail-, below the surface thereof, a well or wells for the purpose of exploring for and /or producing oil, gas and /or other '.-_,drocarbon substances; the easement and right of way granv__ herein shall lie under that certain parcel of real property situated in the City of Newport Beach, County of Ora -.,2, State of California, and more particularly described in EY:::it "A" to this Deed and such description by this re- ference is made a part hereof as though set forth at length. SUBSURFACE PASS- THROUGH EASEMENT (G), Page 1 0 0 BK 1 4020 P6 1659 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 i�;strument 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, cgs and other hvdrocarbon 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 C ee - '_= by the City of Newport Beach and also any lands owner in fee simple by the City of Newport Beach, and fur- ther = ,._.uuing 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- sati_: Lased uoon oil lost through evaporation, leakage, or et er::is or upon gas used, consumed or lost in extraction of c= s• 3Tine, or upon any oil or gas used in connection with anv 're' drilled or operated hereunder, or upon any gas whir!'. 13 used for repressuring any oil bearing formation in an at_eect to further production from any such well or wells; -_r shall Grantee be obligated hereunder to save any gas, e..___ t as there is a reasonable market and value for the =3ntee shall be entitled to deduct from the compen- sation :-:er•eunder the Grantor's proportionate share of any SUBSURFACE PASS - THROUGH EASEMENT (G.), Page 2 BK 14020 Pou 1 660 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 Judy 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 accumulati`.g thereto shall be at least equal that amount; and proviu,rd 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 - nishe_ 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. Furthermcre, if it should be determined that Grantor owns less .pan 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 accor�__. =.gly. "•his Subsurface Pass- Through Easement shall be and be- cc^e E`ective from and after the date that Grantor executes the sa...-, or January 26, 1981, whichever is later. G__ntor hereby agrees to make no claims in eminent domain against Grantee relating to the herein- described lane. _ncluding without limitation any claims for fees, ccsta, attorneys' fees, abandonment costs, interest, those clai s which may arise out of Grantee's immediate pos- session of Grantor's real property and any claims. pursu- SUBSURFA-F. PASS - THROUGH EASEMENT (G), Page 3 • 0 sx 14020 PG 166 1 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 19thday of February , 1981. fj f / /- Zd. M06; t WILLIAM TAYLOR HELEN TAYLOR Grantor ADD: =FSS OF GF..Ati_OF TO WHIG;'. COMDENSATDDN PAY,XEN,' S ATE TO BE SENT: C/o C,. Sto »1 4 Bci..__ COves ?rech, California 92663 SUBSURFACE PASS- THROUGH EASEMENT (G), Page 4 B,K 1 4020 Po 1 H2 Parcel No. G -91 LEGAL DESCRIPTION Lot 7 of Block "M" of the Seashore Colony Tract, as per map recorded in Book 7, page 25 of Miscellaneous Maps, in the office of the County Recorder of the County of Orange, State of California. EXHIBIT "A" V., 0 0 BK 14020 P6 1663 I DESC2IPTION Oxbow Oil Production CondeTnation All those certain lands situated in the City of Newport Beach, County of orange, State of California, more par. titular described as follows: PARCEL "G" Eeginnirg 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 Boos: 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 Ne%,;Dor. Beach, said north•:jesterly boundary line being the southeasterly line of Su: snit 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 EASE_V.ENT" recorded iu1 Book 2324, Page 321 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 centerli ;.r.e of the Santa Ana River as described in Case No. 22797 of the SuDer:orCou —of the State of California in and for the County of Orange and as sho;vn on a crap fired in Book 65, Pages 31 through 36 of Records of Sur reys in the G'fce 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, 6 ?3.27 feet to the nbr-the rly prolongation of the line dividing Lots 6 and 7 in Block 11 of Tract No. 772 as shown on a map de record 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 7 044'51" West 1408.87 feet to a point on a curve in the con,e:iine of Canal Street as said street is shown on said map of Tract ilo. 7.2, said curve being concave northerly and having a radius of G85.00 fee:; thence easterly along said curve and centerline 10.63 feet through a cen!ral angle of 0'53121" to the centerline of Fern Street as said street.is sho :vn 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 prolon„ anion of the northeasterly line of Lot 10 in Block 8 of said Tract `lo. 772; thence along said northwesterly prolongation, said nor'heaster'y li.;e of Lot 10 and the southeasterly prolongation thereof South 54 °0?' 0" East, 10 -'..94 feet to the centerline of the 10 foot alley in said B1_oc'k 3; thence along said centerline of the 10 foot alley South 35° 51'00" "test. 20. GO feet to the south ;vesterly line of said Tract No. 772 anc a point in the centerline of the 10 foot alley in Block 8 of said Seasho-c Colony Traci; thence along said = Interline of the 10 foot alley in B1cci: 8 South 35° 7'l l" West, 120.00 feet to the northwesterly pro!oad:ition. or ?`.e nor: ",easterly line of Lot 4 in Block 8 of said Sea- shore Ccic7. 7 act: thence along said northwesterly prolongation, said nor:. ".caste;:_ line and the southeasterly prolongation thereof EXHIBIT "B" - Page 1 e"" BK 14020 P6 1664 South 54 °09'00 East, 114.93 feet to the centerline of Orange Street as said centerii. ^.e is shown on said map of the Seashore Colony Tract; thence along said centerline and the southwesterly prolongation thereof South 35 047'30" West, 137. 17 feet to the northeasterly right -of -way line of the Pacific Electric Railway, being the northeasterly line of Tract No. 4,100 as s ^own on a map recorded in Book 162, Pages 20 through 26 of said A4iscellaneous Maps; thence along said northeasterly right -of -way line South 5- °02'30" East, 118.67 feet to, the northeasterly prolongation of the line dividisg Lots 7 and 8 in Bloc'. G'of said Seashore Colony Tract; thence -alo;.g said nor-. easterly prolongation, said dividing line and the southNvesterl•r prolongation thereof South 35 °57'30" West, 276.10 feet to said centerline of Ocean Fro-it as said street is shown on said map of the Seashore Colony Tract; thence along said centerline North 55 °51'30" Vest, 1520.63 feet to the POINT OF BEGINNING. � i CCNT_-�NL\G 21.333 Acres, more or less EXHIBIT "B" - Page 2 BK 14020PG 1665 _ • 5i C o z mG Z _ L3W co �Li L_ _ as \ \\ .. ; ' \ •r �� I, •LU U o l \ rLs U ; ?: ;'\ ip JilZ[y AOfIS YN� PYyy cx < LL EXHIBIT "C" .•U,It. UI l.A[ IFORNIA Ci;ul{ 1 Y G( orange BK 1 4020 P6 1666 Oil _February 19, 1981 before ride, the ,under is r d, M tary Public in and for ;aid state, personally appeared William Ta }'.or ansde�lenayior knulin to me to be the persons whose names are subscribed to the within instrument and acknowledged that they — executed the same. WITNESS iq hand and /official seal. .H_. E. Nickerson STATE OF CALIFORNIA ) COUNTY Of Orange ) On February 20, 1981 before me, the undersigned, a Notary Public in and for said Staae, personally appeared p tricia A. Stomel known to me to be the personwhose name is subscribed to the within instrument and acknowledged that she executed the same. ,111PBS ir,y hand and official seal. fj.__E-- .Nickerson _ :1!`,it. OF C;;LIFOn'NIA OF lc Jo � f c IN \G: .. .... . lUN I u , before me, the undersigned, a Notary Public in and for said per�,onaii appeared to ;r•o to be the persouis whose nanle(s) - - subscribed to the �sithin instrument and „•...le:r;:� Lh't execuLed the same. US irL`. c,y hand ar,d official seal. CERTIFICATE OF ACCEPTANCE Government Code Sec. 27281 Tis is to certify that the interest in real property conveyed ,y the Deed as set forth above to the CITY OF NEirGT BEACH is hereby accepted by the undersigned officer or age:,: -n behalf of the City Council of such City pursuant to auth-- it_v conferred by an adopted resolution by the City Council :=azad May 13, 1968 , and the Grantee consents to recce acion thereof by its duly authorized officer or agent. IN WITNESS WHEREOF, I have hereunto set my hand this /o day c f SUBSURFACE PASS- THROUGH EASEMENT (G), Page 5 r 19093 WHEN RECORDED MAIL TO; CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 BK 1395 1 PG 13 1 JK /MM.12 /8/80 Parcel G= 92 4`• RECORDED IN OFFICIAL RECORDS E1,V OF GRANGE COUNTY, CALIFORNIA ze EX r:�.� i P. M. ✓ c '� 55 FE917'81 � L / 1 U a BRANCu r..i.,,w. o,.,....ae, MAIL TAX STATEMENTS TO, CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 DOCUMENTARY TRANSFER TAX 5 .Computed on the con- sideration or value of property conveyed. . . .Computed on the con- sideration or value less liens or encumbrances re- maining at time of sale. Signature of Declarant or Agent determining tax - - Firm Name SUBSURFACE PASS- THROUGH EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, TED J. MORIARTY AND JOAN F. MORIARTY, 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 MAII TAX A' DIRECT-ID A90VE i :1 , BK 1 395 1 PG 138 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,11 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 1. gK 13 9 5 1 PG. 139 mineral rights, severance, production or other similar tax which may be levied against or in connection with the production upon the basis of which such compensation is to be so paid, or the wells yielding such production, or the lands from which the same is produced, and the Grantor's proportionate share of the cost of treating and transporting for treatment any unmerchantable oil upon the basis of which compensation is paid hereunder. For the purpose of this Subsurface Pass- Through Easement, "the cost of treating and transporting for treatment any unmerchantable oil" mentioned in the preceding sentence shall be deemed to be the actual cost thereof, but not to exceed ten cents ($0.10) per barrel of net oil. Grantee shall make all payments hereunder to Grantor by check payable to Grantor mailed to the address set forth below not later than the twenty -fifth (25th) day of July and January with respect to all compensation accrued during the six preceding calendar months; provided, however, that Grantee shall be entitled to continue to mail compensation payments hereunder to that address set forth below until notified by Grantor in writing of any change in the address to which such payments hereunder are to be sent; provided, further, that whenever any such payment is less than Ten Dollars ($10.00), Grantee may defer payment of the same until the amounts accumulating thereto shall be at least equal that amount; and provided further, that Grantee shall not be required to issue more than one check per payment period in payment of all of the interests in and to any particular lot and parcel, or any two or more lots or parcels now owned by the same Grantor or group of Grantors. No change in the ownership of land or interests covered by this Subsurface Pass- Through Easement and assignment or transfer by operation of law, or otherwise, in whole or in part of the compensation shall be binding upon Grantee until Grantee or its successors and assigns have been fur- nished with written evidence thereof satisfactory to Gran- tee. Grantor hereby agrees that should it be determined that Grantor does not own the rights granted herein, Grantee's obligation to pay the consideration provided for hereunder shall terminate, and Grantee shall be entitled to recover the amounts of compensation previously paid to Grantor. Furthermore, if it should be determined that Grantor owns less than all of the rights to provide Grantee the easement right and right of way conveyed herein, Grantee shall be entitled to accept such rights as are granted herein by Grantor, and prorate the compensation accruing to Grantor accordingly. This Subsurface Pass- Through Easement shall be and be- come effective from and after the date that Grantor executes the same, or January 26, 1981, whichever is later. Grantor hereby agrees to make no claims in eminent domain against Grantee relating to the herein - described land, including without limitation any claims for fees, costs, attorneys' fees, abandonment costs, interest, those claims which may arise out of Grantee's immediate pos- session of Grantor's real property and any claims pursu- SUBSURFACE PASS — THROUGH EASEMENT (G), Page 3 BK 1 395 1 PG 140 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 o 11 day of , 198 _L. TED J. RIARTY .MOAN. F. MORIARTY Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: %A 7f) I SUBSURFACE PASS - THROUGH EASEMENT (G), Page 4 Parcel No. G -92 LEGAL DESCRIPTION Lot 8 in Block "M" of Seashore Colony Tract as per map recorded in book 7 page 25 of Miscellaneous Maps in the office of the County Recorder, County of Orange, State of California. EXHIBIT "A" 0 0 BK 1 3 9 5 1 PG DESCIIPTION Oxbow Oil Production Condemnation All those certain lands situated in the City of t]ewoort Beach, County of Orange, State of California, more particular described as follows: PARCEL "G": Beainning at the intersection of the centerline of Ocean Front (formerly Oce_n 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 P- 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 Super:or'Courtof the State of California in and for the County of Orange and as shown on a n:ao 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 dividin 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 strcet.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 no:'!:eastcrly line of Lot 10 and the southeasterly prolongation thereof South 54 °00'00" East, 104.94 feet to the centerline of the 10 foot alley in said Block 8; thence along said centerline of the 10 foot alley South 35'51'00" V7cst, 90.00 feet to the southwesterly line of said Tract No. 772 and a point in the ccntrrlinc of the 10 foot alley in Block 8 of said Scas!;orc Colony Tract; thence along said _cnterline of the 10 foot alley in Block 8 South 35 °47'11" Nest, 120.00 feet to the northwestcrly prolongation of the northeasterly line of Lot 4 in Block 8 of said Sea- shore Colony Tract: thence along said northwesterly prolongation, said nor:heas :erly lire and the sou�hcastcrly prolongation thereof EXHIBIT "B" - Page 1 142 BK 1395 1 PG 143 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 Sou ::z 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 Maos: thence along said northeasterly right -of -way line South 54 °02'30" East, 113.67 feet to.the northeasterly prolongation of :`:e 1L-.e dividing Lots 7 and 3 in Block G*of said Seashore Colony Tract; thence along said northeasterly prolongation. said dividing line and the south•, esterly 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 CON'TA—TNU4G 21.383 acres, more or less t -. EXHIBIT "B" - Page 2 BK 1395 1 Ps 144 � r y�rt/ t ✓ � ' pp IY ,�,ll♦ 'fb l ' \ y' Lei •� �• ! h � r It lt ~ih 8 e ♦- �o •. uL� im __ F. liv LLI 1 -� t.� , u 4%IJ � 4 is m ill 1494 ili Zyo LL „ o d.rT. EXHIBIT "C" i STATE OF CALIFORNIA BK 1395 1 PG ss. COUNTY OF ORANGE ) On Tyhy0,r. s, 30 19j(, before me, the under- signed, a Notary Public in and for said State personally ap- peared TED J. MORIARTY AND JOAN F. MORIARTY known to me to be the persons) whose name(s) are subscribed to the within instrument, and acknowledged thatthey exe- cuted the same. IN WITNESS WHEREOF, I have hereunto set my hand this 3o'( A day of 19!YIL. AN( ,y P L. CARROLL pCommWon Na y Public- Canforn is � � ifi PRINCIPAL OFFICE IN Notary PU lic in and for said LOS ANGELES COUNTY My Expires October 14, 1983 County and State CERTIFICATE OF ACCEPTANCE Government Code Sec. 27281 This is to certify that the interest in real property conveyed by the Deed as set forth above to the CITY OF NEWPORT BEACH is hereby accepted by the undersigned officer or agent on behalf of the City Council of such City pursuant to authority conferred by an adopted resolution by the City Council dated May 13, 1968 , and the Grantee consents to recordation thereof by its duly authorized officer or agent. IN WITNESS WHEREOF, I have hereunto set my hand this /Z day of j!�P EB .IOW , 19 B/. SUBSURFACE PASS- THROUGH EASEMENT (G), Page 5 145 V Jv L 1] 19094 R�CDFO�E� gy RLQ� WHEN RECORDED MAIL TO; CITY OF NEWPORT BEACH 33.00 Newport Boulevard Newport Beach, California 926 63 ^qty Clerk MAIL TAX STATEMENTS TO: BK 1 3951 PG 146 JK /MM 12/8/80. Parcel G -93: RECORDED )CDS OF ORANGE COUNTY1N OrF 1AL , CALIFORNIRECORA EXEMPT -3K P. M. FEB 17'81 C 1 2 LEE A BRANCH, County Recorder DOCUMENTARY TRANSFER TAX S 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, SAMUEL J. BOOGROV AND HAZEL BOOGROV, 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 1.41L TAX STATEMENTS AS DIRECT--D ABOVE A a • 0 BK 1 395 1 Ps 147 The rights granted herein to Grantee are for the pur- pose of drilling for, producing, extracting, taking, and removing oil, gas and other hydrocarbon substances by means of slant holes or wells drilled through and beneath the lands described in Exhibit "B," which by this reference is made a part hereof as though set forth at length, into tide waters beneath the Pacific Ocean and connecting waters; pro- vided, however, that the provisions of this instrument shall not entitle the Grantee, in any of its operations hereunder, to use any part of the Grantor's real property between the surface of the lands described in Exhibit "A" attached here- to and the depth above- specified, or to bottom any well within the boundaries of the Grantor's real property. A plat showing the area affected by such easement is attached hereto as Exhibit "C." This grant is made on the condition that Grantee, in { its drilling and production operations, shall use and in- stall materials of good quality and condition, and all wells shall be drilled and maintained by Grantee in the best work- manlike manner and in accordance with good oil field prac- tice, and all water sands encountered therein shall be, ef- fectively and in a proper manner, plugged off; all drilling and other operations of Grantee hereunder shall at all times be conducted in a good and workmanlike manner and so as to prevent and avoid danger of any injury or damage therefrom to the property of Grantor; and Grantee shall take all rea- sonably necessary precautions to prevent the discharge or escape of mud, oil, debris or other matter onto the beach or adjoining property or into the waters of the Pacific Ocean. Grantor further makes this grant on condition that Grantee, as compensation for the easement and right of way granted hereunder, shall pay to Grantor a sum equal to such proportionate share of three and two hundred seventy -five thousandths percent (3.2758) of the market value of all oil, gas and other hydrocarbon substances produced, saved and sold by means of any and all oil wells drilled and /or operated by Grantee during the term hereof under and through any part or parts of the lands described in Exhibit "B" hereto and bottomed beyond the outer boundaries described in Exhibit "B," as the square footage of Grantor's real prop- erty, as described in Exhibit "A ", bears to the total square footage of the lands lying within the outer boundaries of Exhibit "B," excluding public streets and highways owned in fee simple by the City of Newport Beach and also any lands owned in fee simple by the City of Newport Beach, and fur- ther excluding streets and lands lying within the former Pacific Electric Railway Company right of way; provided, however, that Grantor shall not be entitled to any compen- sation based upon oil lost through evaporation, leakage, or otherwise, or upon gas used, consumed or lost in extraction of gasoline, or upon any oil or gas used in connection with any well drilled or operated hereunder, or upon any gas which is used for repressuring any oil bearing formation in an attempt to further production from any such well or wells; nor shall Grantee be. obligated hereunder to save any gas, except as there is a reasonable market and value for the same. Grantee shall be entitled to deduct from the compen- sation hereunder the Grantor's proportionate share of any SUBSURFACE PASS- THROUGH EASEMENT (G), Page 2 BK 13951 P6 148 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 Day 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 13 9 5 1 P6 149 1 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 3d day of Februa y , 1981 . AI.IUEL J. B06GROV\ HAZEL BOOGROV Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: Hr- and Nrs_ Samiipl J. Ronarov 259 Lugonia Street Newport Beach, California 92663 SUBSURFACE PASS - THROUGH EASEMENT (G), Page 4 Parcel No. G -93 LEGAL DESCRIPITIOV Lot 9, Block 11 of the Seashore Colony Tract as per map recorded in book 7 page 25 of Miscellaneous Maps, records of County of Orange, State of California. EXHIBIT "A" • BK 1 395 1 PG 151 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 mao of the Seashore Colony Tract recorded in Book 7, Page 25 of Miscellaneous Maas in the Office of the County Recorder of said County with the northwesterly boundary line of the City of Newport Beach, said northwesterly boundar- y line being the southeasterly line of Summit Street, 30.00 feet in width. as shown on said Mao_ of the Seashore Colony Tract. said point of beginning being a point in the bour -dark line of the land described in the parcel entitled "EXHIBIT A TO SUBSURFACE EASEMENT" recorded in Book 2524. 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 Supc�:orCou —of the State of California in and for the County of Orange and as sho-=:n on a -^-tap filed in Book 65. Pages 31 through 36 of Records of Surreys in the Office of the County Recorder of said County; thence along said centerline South 78 °00'22" East. 515.70 feet and South 66 °42'20" East, 643.27 feet to the northerly prolongation of the line dividing Lots 6 and 7 in Block 11 of Tract No. 772 as shown on a map recorded in Book 23. Pages 5 and 6 of said Miscellaneous Maps; thence along said northerly prolongation, said dividing line and the southerly prolongation thereof South 7644'51" West 148.87 feat 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:vn 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 °02'00' 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 Black 8 South 35 °47'11" West, 120.00 feet to the northwesterly prolongation of the nor t' -easterly line of Lot 4 in Block 8 of said Sea - shore Corny Trac,; thence along said northwesterly prolongation. said northeasterly lire and the southeasterly prolongation thereof EXHIBIT "B" - Page 1 0 • BK 1395 1 PG South 54 °09'00" East. 114. 93 feet to the centerline of Orange Street as said centerline is shown on said map of the Seashore Colony Tract: thence along said centerline and the southwesterly prolongation thereof South 35'47'30" Nest. 137. 17 feet to the northeasterly right -of -way line of the Pacific Electric Railway. being the northeasterly line of Tract No. 4400 as shown on a map recorded in Book 162. Pages 20 through 26 of said '.Miscellaneous Maps: thence along said northeasterly right -of -way line South 54 °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 nort"easterly 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" Nest. 1520. 68 feet to the POINT OF BEGINNING. CONT3^ILVG 21.333 Acres. more or less k EXHIBIT "B" - Page 2 152 0 a \N BK 1395 1 p6 153 y 21 Mir M-ii lz C-1 rp EXHIBIT "C" Wv O col z 0, co c1c 0, CL-7 Z-- LL La r STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) 0.. BK 1395 1 PG on February 3, 1981 , 19 , before me, the under- signed, a Notary Public in and for said State personally ap- peared SAMUEL J. BOOGROV AND HAZEL BOOGROV, husband and wife as__joint tenants 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 —3d_ day of February , 1981 . i Notary Public in and for said H E NICKERSON ~ 5 N Lr' uo1Lc- California P.INI v l OFFICE IN County and State n. A .ES COUNTY My Comm ssion Ex Plres March 28, 1991 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. Zz IN WITNESS WHEREOF, I have hereunto set my hand this /Z- day of 1^99 -L. J SUBSURFACE PASS- THROUGH EASEMENT (G), Page 5 154 o, , Y � ' 19083 eK 13951 PG JK /MM 12 /8/80 R�GORO��ogt. Parcel G -94 ,<.Q -WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH RECORDED IN OFFICIAL RECORDS 3300 Newport Boulevard OF ORANGE COUNTY. CALIFORNIA Newport Beach, California 92663 o355 P.M. FEB 17'81 f City Clerk EXEMPT [EE A BRANCH, County Recorder f Deed C12 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, LEON ANARADIAN AND YOLANDA ANARADIAN, husband and wife as Community Property hereby GRANT(S) and conveys to the CITY OF NEWPORT BEACH, a municipal corporation, and its successors and assigns, a perpetual easement and right of way to drill, test, com- plete, equip, maintain, repair, clear, redrill, deepen, operate, produce, dismantle (remove casing and other equip- ment from), plug and abandon under and through the subsur- face of that certain real property hereinafter described in which Grantor has reserved the right to control subsurface pass- through easements ("Grantor's real property" herein) at a depth not less than Four Hundred (400) feet measured ver- tically below the surface thereof, a well or wells for the purpose of exploring for and /or producing oil, gas and /or other hydrocarbon substances; the easement and right of way granted herein shall lie under that certain parcel of real property situated in the City of Newport Beach, County of Orange, State of California, and more particularly described in Exhibit "A" to this Deed and such description by this re- ference is made a part hereof as though set forth at length. SUBSURFACE PASS- THROUGH EASEMENT (G), Page 1 MAIL TAX. STATEMENTS AS OIRECT7D ABOVIS -t. 46 The rights granted herein to Grantee are for the pur- pose of drilling for, producing; extracting, taking, and removing oil, gas and other hydrocarbon substances by means of slant holes or wells drilled through and beneath the lands described in Exhibit "B," which by this reference is made a part hereof as though set forth at length, into tide waters beneath the Pacific Ocean and connecting waters; pro - vided, however, that the provisions of this instrument shall not entitle the Grantee, in any of its operations hereunder, to use any part of the Grantor's real property between the surface of the lands described in Exhibit "A" attached here- to and the depth above - specified, or to bottom any well within the boundaries of the Grantor's real property. A plat showing the area affected by such easement is attached hereto as Exhibit "C." This grant is made on the condition that Grantee, in its drilling and production operations, shall use and in- stall materials of good quality and condition, and all wells shall be drilled and maintained by Grantee in the best work- manlike manner and in accordance with good oil field prac- tice, and all water sands encountered therein shall be, ef- fectively and in a proper manner, plugged off; all drilling and other operations of Grantee hereunder shall at all times be conducted in a good and workmanlike manner and so as to prevent and avoid danger of any injury or damage therefrom to the property of Grantor; and Grantee shall take all rea- sonably necessary precautions to prevent the discharge or escape of mud, oil, debris or other matter onto the beach or adjoining property or into the waters of the Pacific Ocean. Grantor further makes this grant on condition that Grantee, as compensation for the easement and right of way granted hereunder, shall pay to Grantor a sum equal to such proportionate share of three and two hundred seventy -five thousandths percent (3.2753) of the market value of all oil, gas and other hydrocarbon substances produced, saved and sold by means of any and all oil wells drilled and /or operated by Grantee during the term hereof under and through any part or parts of the lands described in Exhibit "B" hereto and bottomed beyond the outer boundaries described in Exhibit "B," as the square footage of Grantor's real prop- erty, as described in Exhibit "A ", bears to the total square footage of the lands lying within the outer boundaries of Exhibit "B," excluding public streets and highways owned in fee simple by the City of Newport Beach and also any lands owned in fee simple by the City of Newport Beach, and fur- ther excluding streets and lands lying within the former Pacific Electric Railway Company right of way; provided, however, that Grantor shall not be entitled to any compen- sation based upon oil lost through evaporation, leakage, or otherwise, or upon gas used, consumed or lost in extraction of gasoline, or upon any oil or gas used in connection with any well drilled or operated hereunder, or upon any gas which is used for repressuring any oil bearing formation in an attempt to further production from any such well or wells; nor shall Grantee be obligated hereunder to save any gas, except as there is a reasonable market and value for the same. Grantee shall be entitled to deduct from the compen- sation hereunder the Grantor's proportionate share of any SUBSURFACE PASS- THROUGH EASEMENT (G), Page 2 mineral rights, severance, production or other similar tax which may be levied against or in connection with the production upon the basis of which such compensation is to be so paid, or the wells yielding such production, or the lands from which the same is produced, and the Grantor's proportionate share of the cost of treating and transporting for treatment any unmerchantable oil upon the basis of which compensation is paid hereunder. For the purpose of this Subsurface Pass- Through Easement, "the cost of treating and transporting for treatment any unmerchantable oil" mentioned in the preceding sentence shall be deemed to be the actual cost thereof, but not to exceed ten cents (50.10) per barrel of net oil. Grantee shall make all payments hereunder to Grantor by check payable to Grantor mailed to the address set forth below not later than the twenty -fifth (25th) day of July and January with respect to all compensation accrued during the six preceding calendar months; provided, however, that Grantee shall be entitled to continue to mail compensation payments hereunder to that address set forth below until notified by Grantor in writing of any change in the address to which such payments hereunder are to be sent; provided, further, that whenever any such payment is less than Ten Dollars ($10.00), Grantee may defer payment of the same until the amounts accumulating thereto shall be at least equal that 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 latex. 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 1395 1 PG 49 ant to California Code of Civil Procedure Sections 1036, 1263.410, 1263.420, 1268.610, 1268.620 and 1268.710. Gran- tor also agrees and consents to the dismissal of any emi- nent domain action in the Superior Court wherein Grantor's real property is included. Grantor further understands the purpose for which this Grant is being made and Grantor, for itself, its successors and assigns, hereby waives any claim for and all damage to such Grantor's property or remaining property contiguous to the Grantor's real property interests hereby conveyed for the purposes described herein. This Subsurface Pass - Through Easement and each and all of its provisions shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, this Subsurface Pa s- Through Ease- ment has been executed this day of LEON ANARADIAN LANDA ANARADIAN Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: SUBSURFACE PASS - THROUGH EASEMENT (G), Page 4 • Parcel No. G -94 LEGAL DESCRIPTION Bx 13951 PG 50 Lot 10, Block M, Seashore Colony Tract, as per map recorded in Book 7, page 25 of Miscellaneous Maps, records of the County of Orange, State of California. EXHIBIT "A" i s DESCRIPTION Oxbow Oil Production Condemnation All those certain lands situated in the City of tlewDort 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 -nap of the Seashore ColosyTract recorded in Book 7, Page 25 of Miscellaneous Mans in the O`ice of the County Recorder of said County with the northwesterly boundary line of tl^e Ci.y of Newport Beach, said northviesterly 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 Ne:vport Beach North 35° 57'30" East 472.31 feet to the centcrliae of the SanLa Ana River as described in Case No. 22791 of the Sufic iorCourcf :he State of California in and for the County of Orange and as shorn on a rr.ap filed in Boot: 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 66042'20" East, 643.27 feet to the northerly prolongation of the line dividing Loss 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 strcet.is sho. -in on said map of Tract No. 772; thence along said centerline of Fern Street South 35 051'00" West, 26.45 feet to the north- westerly prolongation of the northeasterly line of Lot 10 in Block 8 of said Tract ;lo. 772; thence along said northwesterly prolongation, said northeasterly line of Lot 10 and the southeasterly prolongation thereof South 54002'00" Last, 10:.04 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" 1Vcs , 90. 00 feet to the southwesterly line of said Tract No. 772 and a point in the ce.^.;erline of the 10 foot alley in Block 8 of sa ;d Seashore Colony Tract; thence along said centerline of the 10 foot al'.cy in B'.oc}: 8 South 35047'11" West, 120.00 feet to the north% esterly prolonbaucn of the no:-'_:easterly line of Lot 4 in Block 8 of said Sea - stcr_ Colon %, Tract: the;ncc along said northwestcrly prolongation, said northeas:crly lice and the southeasterly prolongation thereof EXHIBIT "B" - Page 1 BK 1 395 1 PG 52 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" %Vest, 137.17 feet to the northeasterly right -of -way line of the Pacific Electric .Railway, being the northeasterly line of Tract No. 4400 as shown on a mao recorded in Book 162, Pages 20 through 26 of said \3iscellaneous Maus: thence along said northeasterly right -of -way line South 54 °02'30" East, 118.67 feet to. the northeasterly prolongation of the line dividing Lots 7 and 8 in Block G of said Seashore Colony Tract; thence along said northeasterly prolongation, said dividing line and the southwesterly prolongation thereof South 35 °57'30" West, 276.10 feet to said centerline of Ocean Front as said street is shown on said map of the Seashore Colony Tract; thence along said centerline North 55° 51'30" West, 1520. 68 feet to the POINT OF BEGINNING. I i CONT_- .IN24G 21.333 Acres, more or less EXHIBIT "B" - Page 2 � 5 v 5 LL V F7, • s r II I I a �, 31 W � o �� N xN ✓ +i %l � I• —Ica, i Y� „+� I w co �..: cc cc . hr's ° • e txn xxc sce .•�• O a Z I : LL Y Lu i° W o0 vi F"ms EXHIBIT "C" STATE OF CALIFORNIA ) �' ) ss. COUNTY OF 9PGE ) On 19c1, before me, the under- signed, a Notary Public in and for said State personally ap- peared LEON ANARADIAN AND YOLANDA ANARADIAN, husband and wife known to me to be the person(s) whose name(s) are subscribed to the within instrument, and acknowledged that they exe- cuted the same. WITNESS WHEREOF, I have hereunto set my hand this day of . - ,� 19. R03''RT 3. HJFFMAN 1(.'. ''� NolorY Mubht- Colitormo PRINCIPAL OFFICE IN LOS ANGELES C➢mmiuion E�rP Pr May � 1L �F j Notary Public in,�hd 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. SIN WITNESS WHEREOF, I have hereunto set my hand this /Z— day of Lf.3eris4,e�1 SUBSURFACE PASS - THROUGH EASEMENT (G), Page 5 19092 BK 1 395 1 PG 123 o�yG JK /MM 12/8/80., �ECOS�EOe Parcel G -'95 6QJ V WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard RECORDED I IN A F OFF)CIALRECORDS Newport Beach, California 92663 OF City Clerk -3 55 P. M. FEB 17'61 lead EXEMPT No. C 1 2 LEE A BRANCH, County Recorded_ 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, LOIS A. LAUTERJUNG, 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 (900) feet measured ver- tically below the surface thereof, a well or wells for the purpose of exploring for and /or producing oil, gas and /or other hydrocarbon substances; the easement and right of way granted herein shall lie under that certain parcel of real property situated in the City of Newport Beach, County of Orange, State of California, and more particularly described in Exhibit "A" to this Deed and such description by this re- ference is made a part hereof as though set forth at length. SUBSURFACE PASS - THROUGH EASEMENT (G), Page 1 'Wr TAX STATEMDITS AS DIRECTED A90VF �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 (3.275 %) 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 attemot 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 BK 1395 1 PG 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 3 130 BK 1 3.c5 1 PB- 13 1 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 2d day of February , 1981. AIL -L-.y � •_ "GLLGL wx- L IS A. LAU ERJUNG, A W. OW Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: Mrs. Lois A. Lauter 2400 Vista Nobleza Newport Beach, California 92660 SUBSURFACE PASS - THROUGH EASEMENT (G), Page 4 BK 1 3G5 1 PG 132 Parcel No. G -95 LEGAL DESCRIPTION Lot 11 in Block M of SEASHORE COLONY TRACT, as per map recorded in Book 7, page 25 of Miscellaneous Maps in the office of the recorder of the County of Orange, State of California. EXHIBIT "A" L 0 BK 1395 1 PG 133 DESCRIPTI014 Oxbow Oil Production Condemnation All those certain lands situated in the City of Vewport Beach, County of Orange, State of California, more particular described as follocrs: PARCEL "G": Beginning at the intersection of the centerline of Ocean Front (formerly Ocean Avenue) as said street is shown on a :nap 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 northviesterly boundary line being the southeasterly line of Surnmit Street, 30.00 feet in width, as shown on said map of the Seashore Colony Tract, said point of beginning being a point in the boundary line of the land described in the parcel entitled "EXHIBIT A TO SUBSU RFACE EASEMENT" recorded in Book 2824, Page 391 of O`iicial Records of said County: ;hence along said last mentioned boundary line t:170ugh the fol lowing courses: along said northwesterly boundary line of the City of Newport Beach North 35057'30" East 472.31 feet to the centerline of the Santa Ana River as described in Case No. 22797 of the Super -or Courtof the State of California in and for the County of Orange and as shown on a rnao 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 56 °42'20" East. 643.27 feet to the northerly prolongation of the line di•iiding Lo's 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" Wes: 148.87 feet to a point on a curve in the centerline of Canal Street as said street is shown on said map of Tract No. 772, said curve being concave northerly and having a radius of 685.00 feet: thence easterly along said curve and centerline 10. 63 feet through a central angle of 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 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 Block 8; thence along said centerline of the 10 foot alley South 35° 31'00' %Vest. 90.00 feet to the southwesterly line of said Tract No. 772 and a point in the centerline of the 10 foot alley in Block 8 of said Seashore Colony Tract: thence along said = enterline of the 10 foot alley in ?lock 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 northviesterly prolongation, said northeasterly lire and the southeasterly prolongation thereof EXHIBIT "B" - Page 1 • • BK 1 395 1 pG South 54 °09'00" East, 114.93 feet to the centerline of Orange Street as said centerline is shown on said map of the Seashore Colony Tract: thence along said centerline and the southwesterly prolongation thereof South 35 °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 di✓iding'Lots 7 and 3 in Block G'of said Seashore Colony Tract; thence -along said northeasterly prolongation, said dividing line and the southwesterly prolongation thereof South 35 °57'30" West, 276.10 feet to said centerline of Ocean Front as said street is shown on said map of the Seashore Colony Tract; thence along said centerline North 55* 5l'30" West, 1520. 68 feet to the POLNT OF BEGINNING. CONTAENLNG 21.333 Acres, more or less k•. EXHIBIT "B" - Page 2 I 134 BK 13951 Po 135 1 , e 4 < W,4 lK r 41/ � if Lys .[Y.M.K• i .:. I� 2� a a L m W u g `I f �z . W �' •,, 5.. �, s LIL L zo �� ��� • . V , f � nab O � 1 I �Mg°. •U < Pe� 1 iwe V . - S m 1 /f1 • uwwnf O 1\ lily Uf! C[� b Wo O: W o � E. u EXHIBIT "C" STATE OF CALIFORNIA ss. COUNTY OF Orange BK 1395 1 PG 136 On February 2, 1981 before me, the undersigned, a No- tary Public in and for said State, personally appeared LOIS A. LAUTERJUNG , 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. rucKeR,oN Notary Public PRINCIPAL OFFICE IN Ci Co: LOS p;,es ANGELES COUNi1A My Commission Expires March 28, 1981 CERTIFICATE OF ACCEPTANCE Government Code Sec. 27281 This is to certify that the interest in real property conveyed by the Deed as set forth above to the CITY OF NEWPORT BEACH is hereby accepted by the undersigned officer or agent on behalf of the City Council of such City pursuant to authority conferred by an adopted resolution by the City Council dated May 13, 1968 , and the Grantee consents to recordation thereof by its duly authorized officer or agent. IN WITNESS WHEREOF, I have hereunto set my hand this /Z day of�yPw�xMJi 198.1. SUBSURFACE PASS - THROUGH EASEMENT (G), Page 5