Loading...
HomeMy WebLinkAboutOil Subsurface Easements - West Newport Parcels G-96 to G-144F P IN;, 14 Mks lv'#A a M I I " � '? A Z. i 1 = 0 - �71 I not serve, I F-1 GAYLORD, JAMES M. 1/15 /81 1/26/81 2/4/81 1/26/81 1/15/81 1/26/81 F-2 WILIS, EDITH M. F-3 BIDGWAY, RICHARD L. 1/15/81 19/81 2/4/81 mt served /26/81 F-4 SCHUMANN, ROBERT W. 1/15/81 1/20/81 1/26/81 -4� F-5 SHEHANE , RAYMOND 1/26/81 1/31 /81 1/15/81 1/26/81 F-6 MOODY, ROBERT L. 1 1/21/81 HUS & wirl 1/15/81 F-7 CITRANO, VINCENT J. 1/38/8. 2/17/81 .............. 1/27/81 2/3/81 ---- --- F-S MAARSE, JACOB 11/15/81 ............... 1/22/81 2/4/81 .... ...... ... ........... not served 1/26/81 - -- ----- -------- --- -------- -------- F-9 MEWSON, IRENE M. 1/15/81 1/20/81 1/26/81 r' P i., .tea lace • tsar r,aar -�a• ar e,• r � •r »r •a:ar e a a rsar , se.• r. M44 e.. -m, e r r �a•,ar r � r :�.�:r F -10 NEWSOM, IRENE M. 1/15/81 F -11 NEWSOM, IRENE M. 1/15/81 1/15/81 F -12 BILL, JOHN J. • F -13 MEYER, WILLIAM M. 1/15/81 F -14 BLANDI, THOMAS SOLD TO BRAG . F -14 BRAGG, MEDROD N. 1/15/81 F -15 WALKER, KENNAN W. 1/15/81 1/20/81 2/4/81 ala�� not served 1/29/81 2/6/81 F -16 JACOBY, WILLIAM B. 1/15/81 -.- -._._...._ .... ............. .... .--`-- ......... .....__..__...-`-.... ___._.... I 1/30/81 2/5/81 F-17.. KOLL, DONALD M. 1/15/81 ` -° —°--.._.---'---....-`-..--..._...... �`--- --..__......._..._......._ ._....__.__.�.........— ........ _. ._.._..._.. ...............___.. SERVED _ ME ORIGINAL RECORDED SCM.NS EFFECCIVE 3 PARCEL NEGO17AS7ON6 I® DEED DEM IN ' COPY IN & OCMPLAINT DATE ram NAME ammi® Siam R:8 mm CITY'S FILE OUR F]IE & o3 P, OIP ANSWERED DIS24ISSE7 1/21/81 1/26/81 F -18 LINICK, HAROLD M. 1/15/81 6 Wife F -19 HANNAN, BERNARD J. 1/15/81 1/22/81 2/4/81 al�,b� not served F -20 NORLUND, BRUCE L. 1/15/81 9/81 2/4/81 C� � not served not • P-21 BMW, ROGER 6 In= CO- 1/15/81 .21/81 2/4/81 served F -22 BLACKMAN., ROBERT 1/15/81 1/19/81 1/26/81 F -23 RICHARDSON, ALEXANDER 1/15/81 F-24 EATON, MARIAN H. 1/15/81 F -24 WEST PROPERTIES 1/15/81 1/23/81 1/28/8 F -25 DANIEL, LA VEATA B. 1/15/81 9/81 1/26/81 i 1' y ,• 1 'i9•R "•1'31 .ry Ii to a '- 1'i ul 1351 1 +'s1 1 •1" 1 *. . ✓1 '. ✓H...* 1 1 v7a• 31 •It' HAAME, MICHAEL F -26 F -27 SCHUMANN, WILLIAM C. 1/15/81 9/81 2/4/81 8� not served ala5'l� not F -28 PERRY, ALLEN W. 1/15/81 1/21/81 2/4/81 served -- — — - -.... -- — .._._.__......... .. • P-!)Q KELLOGG, DALE 1/15/81 /26/81 1/15/81 /26/81 F -30 KELLOGG, DALE F -31 RUDLOFF, LORALYNN 1/15/81 _ 1/21/61 /26/81 F -32 GAYNER, WALKTER R. 1/15/81 1/26/81 1/20/81. 1/15/81 1/20/81 1/26/81 F-33 TANSKE, DORIS J. 1/15/81 Hus &Wife 1/21/81 1/26/81 F -34 KESSLER, MARY M. I I •.' HI M1 p9•fPI:J1 Iii �iJil; J: v'- ••v. i�1s• f\IJ• 'y ?�•_j0``s• �• • 1 ' '1 `J' 3• • 7 `iM •• i 1 1' Y oel'�31 1 1 \ 31 1/15/81 not F -35 VOGT, KENNETH F. 1/23/81 .2/4/81 a�Ib� served F -36 DI CORPO, NELLO 0. 1/15/81 21/81 2/4/81 ``'' a` �71�� not served (CHELF) amp FREDERICK AND Bus &W F -37 NEWMAN, JOHN OMAR 1/15/81 /21/81 1/26/8 WANDA. -- _- ' - - -__ -- ^- -- - --' F -38 PEGRAM, 1/15/81 1/22/81 1/26/8 ARMSTRONG PETROLEUM 1/15/81 F -39 ARMSTRONG PETROLEUM F -40 1/15/81 F -41 RUMBELLOW, VICTOR G. 1/21/81 1/28/81 2/3/81 F -42 RUMBELLOW, VICTOR G. 1/21/81 1/28/81 2/3/81 ...._....._............ .. .......__........_. _...— ......... .... -- ---._..._.. _.__._.---...... ..... _......... F -43 RUMBELLOW, VICTOR G. 1/21/81 1/28/81 2/3/81 i 01-46, " • NI u••.•;, a .Vf "De 04 • 4 IiuI I:.:I I " 1 ••" 1 ✓:!}: 14d HaJ Am [ • • -�s• r>I ••i I •' 1/21/8 1/28/81 2/3/81 F -44 RUMBELLOW, VICTOR G. 1/28/81 2/3/81 F -45 RUMSELLOW, VICTOR G. 1/21/8 1/21/8 1/28/81 2/3/81 F -46 RUMBELLOW, VICTOR G. 1/28/61 2/3/81 F -47 RUMBELLOW, VICTOR G. 1/21/8 3�Db 1 not F -48 MORRISON, MEL served 1/15/81 /30/8 2/17/81 F -49 MORRISON, MEL 1/15/81 /30/8. 2/17/81 not served F -50 MORRISON, MEL 1/15/81 /31/8 2/17/81 not served F -51 BROWN, VALERA G' 1/15/81 ..... ......_...- ........... 1/15/81 ..... ... . ...._. ...._ ....... _..__.. _..:__......__._......__....... _.._....._.... _..............__...-- --...._.. ...... F -52 BROWN, VALERA G. i •rf IJ!! ! 'n lYal 1'sDl ,. }i, 1 01' 1 G -1 HUNT, JULIA 1/21/81 G -2 AUNT, JULIA 1/21/81 G -3 HUNT, JULIA 1/21/81 t - -. ^- - • G-4 HUNT, JULIA 1/21/81 G -5 HUNT,JULIA 1/21/81 G-6 HUNT,JULIA 1/21/81 G -7 HUNT,JULIA 1/21/81 G -8 HUNT, JULIA 1/21/81 G -9 HUNT, JULIA 1/21/81 1 ..ar -,:n .. • � +7o-, ,ass, ra:.+ r •v:• , G-10 HUNT, JULIA 1/21/81 G -11 HUNT, JULIA .. 1/21/81 G -12. HUNT, JULIA 1/21/81 . G-13 HUNT, -JULIA 1/21/81 • G -14 HUNT, JULIA 1/21/81 _ G -15 SIGNAL LANDMARK, INC. G -15 G -16 WILLIAM, W. SIGNAL LANDMARK G -16 ORMEROD, MELVILLE J. 'labs ".1'51 ..`A eft a n IIri1 1 "N ?I 1. "s "s1 1 •1" 1 •1_,. 5. •el eJ ✓1 ; +w:�r a1 MVM JI a �: 1 -�a•. 3s La P"T:�T: Z 31 1 ` 1 CX7 "'1 G -17 SIGNAL LANDMARDK, INC. G -17 BRADLEY, MYRON BRUCE - G -18 MIJARES, ERNEST R. DE YOUNG, ROGER AND MAC GREGOR, CHARLES B. • G -20 SIGNAL LANDMARK, INC. G -20 JARVIS, JON G-21 G -22 SIGNAL LANDMARK, INC. TERRILL, P. G -2'3 BORTHWICK, DONALD G. i r. Y" - Da Jr VDDI so NCI / • r / ' / I• 7JI9 5 I pil IF Z 1177N7 01 G -23 SIGNAL LANDMARK, INC. G -24 SIGNAL LANDMARK, INC. G-24 BRADY, P.L. G-25 SIGNAL LANDMARK G -2.5 WILLIAMS, EVAN G-26 DEMOND, ELAINE G -27 MILLIGAN, ALAN L. G -28 BORTHWICK,' DONALD G -29 GRAHAM, JAMES K. A F-Tvlz , G-30 BRADY, PHILIP L. 1/30/81 G-31 REYNOLDS, BERNIECE 1/30/81 G-32 PETERLIN, MARY GRACE 1/30/81 2/9/81 2/17/81 G-33 BENSON, BEVERLY /30/81 G-34 PATTISON, GWENDOLYN R. L/30/81 2/10/81 2/16/81 G-35 EARLE, HOWARD J. L/30/81 G-35 LAWRENCE POLLOCK MD INC. L/30/81 PENSION AND PROFIT G-36 CITIZENS COMMERICAL TRUSI 1/30/81 SAVINGS RANK OF PASADENA G-37 1/30/81 THOMAS, ROBERT X ,L S' N..„ .31 YY Y lllj za w 1 • Il •• r 1 L • •r :� � „J�:.al 1 ^�1 .7a•. G -38 LOMMIS, STEPHEN C. 1/21/81 AA 1/21/61:.. NOT 0-38 STEPHENS, LUCILLE 1/30/8 2/17/81'0` 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 SORE, 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 us6W G -42 SENENIUK, WALKER S. 1/21/81 /26/81 Wife 1/31/8 G -43 PETERSON, JAY T. 1/21/81 - -- 1/30/81 2/4/8.1 - -- - -- �.. - - -- -- - -- - _...4......... _. -..... ................................... f.. ' DUN . me, P� „iBi Z4a fmo o "a G-43 MOE, COURTNEY V. SOLD TO VANORMN VANORDBI I 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 2/4/811 ajZjsj' served G-46 THATCHER, LUCILLE E. 1/21/81 1/30/81. 2/17/81 not served G-47 COMER, ROSEMARY 1/21/81 G-48 WOOD, JACK J. 1/21/81 Hus&Wife G-49 GREENBERG, IRWI . N 1/21/81 1/27/81 . ... . .......... G-50 BOADWAY, SHIRLEY 1/21/81 1/28/81 1/24/81 not served Y •.' I I 99ii •.151 .,Y� i]H Y• 4 Iii• LyB1 I ? }I 1 H'• 1 .. :rl' •I_� as v' +��61 _ [ 151 ':e if •.LU1 M 1 i - SERVED 51 EFFECME CampukENT 03P. • 1' I.i •� ?1 1 � 1 `I�1 1/21/81 G -51 BENFATTI, ROSE ' us &wife 1/21/81 /28/81 2/3/81 G -52 PAGE,: ALEXANDER E. 3911 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 3r7� Bus &Wife G -55 DEXTER, EARL H. 1/21/80 1/30/8 2/17/81 fS,(66 1/27/81 2/3/81 G-56 CRANE, ROBERT 1 /21/80 1/21/80 d G-57 JOHNSON, DAVID H. .2/3/81 2/8/8 G-57 WILSON, PETER A. 1/21/80 I • :a a . ;� *es 'J f'+ 1951 IS" I.P.' 1 H' 1 0-58 MEMIROFF, ALLAN I. 1/21/81 1/27/8 2/4/81 ala��� not served Hus&Wife G -59 SINDELAR, JOHN A. 1/21/81 1/30/81 2/5/81 3120 _ /28/8 2/17/81 not G -60 MOORE, J. CLARK 1/21/81 .served -^ 3 � �- - - - - - - -- - -- - - - -- . G -61 BRINTNALL, RUTH E. 1/21/81 /26/8 .2/17/81 ore -1/30 /5/81.. - --- - --- °---'---'---._.. G-61 TUTTLE, JAMES 0. 1/21/81 G-62 G -62 BRINTNALL, RUTH 1/26/8 2/17/81 1/21/81 G -63 DEMPSAY, MILDRED 1/21/81 1/22/8 2/4/81 not served ' Hue &Wife G -64 KIMBROUGH, LAVERNE H. 1/21/81 G -65 REIF, I. MELVIN 1/23/81 1/21/81 /23/81 ' 12/4/81 i 1 vY' •' I •IaN'f.i• ..r� Ht• • 'v I.Ta1 •6S1 Ii }SI 1 •1' 1 .L..: ••�.. 5. •a1 lJa1 :+ >N:SVS• VY ql• •_�� {II E s1 • ] J �• I 1 Y' • •• � 1.�a1Ts• 1 �r1 9]•] G -66 L M S'BEACH PROPERTIES 1/21/81 1/29/81 2/5/81 1/26/81 2/2/81 G-67 LANCIA, BENNY 1/21/81 Hus 6W 0-68 BOYDSTGN, ANNETTB 1/21/81 1/30/81 2/5/81 G -69 ABU- HAYDAR, LAUREL - 1/21/81 /29/9 2/17/81 3I3fl16 1/29/81 2/4/81 G -70 SANTUCCI, DANNY AND MARY 1/21/81 , G -71 HENNINGSGARD, WARREN I. 1/26/81 p1. not G -72 MCROBERTS, JACK 1/26/81 /3/81 2/17/81. served G-73 YOUNG, CHRISTOPHER 1/26/81 1/26/81 G-74 FINCH, BARRETT J. r - ..y� 1Je• • •:.Jr rJl�r .t ui'CX• •P vl HvvJ�rJr t IJr 9JM. O.J• 4A sr r.• , I. •AH•�LJr • 6 . J rlrzrMlm�� G -75 SAURENMANN, MARGARET P. 1/26/81 /9/B1 2/17/81 G -76 GREITZER, STANLEY 1/26/81 G -77 SPEARS, HARVEY M. 1/26/81 G -78 MUNNS, CHARLES R. 1/26/81 2/10/81 /16/81 G-79 FAURIA, RAYMOND. L. 1/26/81 yII'f� G-79 SOKOLOFF, PETER '1/26/81 /4/81 2/17/81 not served L. 1/26/81 '111 � G-80 FAURIA, RAYMOND not G -80 SOKOLOFF, PETER 1/26/81 served /4/81 2/17/81 G-81 FAURIA, RAYMOND L. 1/26/81 T�rlul 1 •oi• I F a�- �• • Vv 1 A FiSe or I �0� .-Ml I V.w not G-81 SOKOLOFF, PETER 1/26/81 2/4/81 2/17/81 served G-82 WILSON, ANN M. 1/26/81 9/81 2/17/81 G-82 KANEKO, JOHN S. 1/26/81 2/10/681 2/17/81 G-82 GO=, AIM 1/26/81 9 /81 2/17/81 G-83 KANEKO, JOHN S. 1/26/81 2/10/81 2/17/81 '4 G-83 WILSON, ANN 2/10/81 2/17/81 1/26/81 L4 I G-83 GOODE, ALAN L. A 37" 1/26/81 G-84 WILSON, ANN M. 1/26/81 ... . ............ ...... ...... ... /9/81 2/17/81 - ----- ---- - --- ........ G-84 KANEKO, JOHN S. 1/26/81 2/10/8 2/17/81 �.� .L..I moo .,.fa. rat l.la, : +J MyJ a1, SERVED DEED IN OOFY IN CU41LAX4T DATE 4Y Is PnE KM 7M & 03B • P 1/26/81IO� G -84 GOODE, ALAN L. us 6 Wife G -85 VALENTI, RUDOLPH J. 1/26/81 2/10/81 2/16/6 3�7Ip( 1/28/81 2/9/81 1/26/.81 1/2 9/8 2/17/81 G -86 JACOBS, JOHN W. HILBERT, BEULAH 1/26/81 G -87 G -88 NIXON, MARIAN W. 1/26/81. _ G -8.8 TARANTELLO, ROCCO D. 1/26/81 p G -89 WHITE, NORMAN PROPERTY SOLD 10 MCCALL _...._....._.._.._ .......--'---.._...._.--'--.._.... .... ........... .. ..__. 2/3/81 ... _.. ... .....:__..._.____ 2/8/81 ..................._......... .____..— .............._._...... 1/26/81 G -89 MCCALL, GEORGE W. I olal HuseWife G -90 BERTOLINO, PIERRE 1/26/81 1/29/81 /10/81. 2/17/81. I �., .,rte 3 }!• - • �i •' } }• •. } }I • } }• 1 ••' 1 .1.. � ••.... -], r's1 fJ}• p9N:�L }I 4M �• � J{ 1- L yam• }• TEO • a > 1/26/81 G -91 STOMEL, PATRICIA A. R 1/26/81 1/30/81 2/5/81 G -92 MORIARTY, TED J. ./30/81 2/17/81 I�yf81 1/29/81 (Hus&Wife 2/4/81 G-93 BOOGROV, SAMUEL J. 1/26/81 2/3/81 2/17/81 3k7jgl G -94 ANARADIAN, LEON 1/25/81 1/30/81 2/17/81 G-95 LAUTERJUNG, LOIS A. 1/26/81 2/2/71 2/17/81 3Ia��4 G -96 RICHARDSON, EDWARD 1/26/81 /29/81 2/29/81 - G -97 HRIETHAUPT, PAUL D. 1/26/81 29/81 2/17/81 /4/81 sf�7�9� /28/81 B -98 NUGENT, WILLIAM R. 1/26/81 /28/81 _....___._ . 2/17/81 ..__._... -- -..:._...:__.._..._.._....._. ._............... 3JR7I$I ...._...................... Wife 6Hus ....._....._....._...—_....- --- --- __..,..._.._c......,.... —'-- ..._..._.._... 2/3/81 2/8/81 G -99 MAYS, ROBERT E. 1/26/81 /10 /81 2/17/81 i •�q ...da, SERVED ORIGINAL REODMED SWM UP I'VE •aa• no--• IN OOPYXN & CMKAW •. iaua• • � � rya• DATE ORIGINAL va•• DE PARCEL NEOMINUM DEED IN COPY IN NiRmn NAM COMMENCED SIGbMD RECORDED CITY'S FILE OUR FITP- H I' 1 •' Y 1}IYd1 I ° I Y91 G -10 SETTLE, J.E. - G -11 BRYANT, KENNETH A. ., G -11 HONTA, WILLIAM C. / v G-11. SUBBIONDO, BLAISE OWNED BY Cl OF NEWP RT BEACH G -11: NEVIN, ROBERT G-114 NEVIN, ROBERT G -11 G-116 G-111 NEVIN, ROBERT NEVIN, ROBERT NEVIN, ROBERT I ,. .• , •a•••.,.a1 u..r,a. .q ,,. •r„�,:nrw lJSr :+ »•.;n a• _44 r • a1 • • r G -118 DEAN WALKER G -119 O'CONNOR, PATRICK G -120 EANSFORD, CLAIRE G-121 ZARRINNEGAR, ALI G -122 JENSEN, FRANK G -123 JENSEN, FRANK G -124 G -12 JENSEN, FRANK TURNBOW, MAURICE i G-126 TURNBOW, MAURICE E" 151431 • =I., G-127 TURNBOW; MAURICE G-121 TURNBOW, MAURICE G-129 TURNBOW, MAURICE G-130 TURNBOW, MAURICE G-131 TURNBOW, MAURICE G-132 TURNBOW, MAURICE - - ----------- ---- G-132 G-134 TURNBOW, MAURICE TURNBOW, MAURICE - - --- - ----------- - --------- - . . . ................. .. - ........ . ....... ------ - . .......... G-13! TURNBOW, MAURICE ---------- DATE ORIGINAL RECDRDED PARCEL NEGOTIATICNS nEm r aar r aar N con XN kTA47m ♦lvR nl4qNm SIG NM •E)CM= CITY'S FnZ CUR FIEZ ZgP�9r r •• r 7sr G-142 KAGNOFF, DAVID B. SOLD TO T DEM EQUITIES WHICH WOLD 9D MARINA kPARTMENTS,BALBOA APT: A D GRANT APARTMEITS 1/30/81 G-142 MARINA APARTMENTS 2/5/81 2/11/81 1/30/81 G-142 BALBOA APARTMENTS ?/5/81 a/11/81 1/30/81 G-142 GRANT APARTMENTS 2/5/81 /11/81 G-143 KAGNOFF, DAVID G. • SOLD TO PROSPECT APARTMENTS /5/81 2/11/81 G-143 PROSPECT APARTMENTS 1/30/81 G-144 LAFAYETTE APARTMENTS 1/30/81 . ........ .. . ....... .... ...... G-145 HUNT, JULIA 1/21/81 ........ ... .. 1/21/81 ............ .......... --- ---- --------- ---- — ----- ------ ............ - - - - ------------- ............. -- ------ - .... .......... .. G-146 HUNT, JULIA 11 f• - moo SERVED ORIGINAL RECORDED 5LHr1NS EFEWrIVE nFm IN COPY IN E, a• r• DATE CITY'S FIT CUR F ILE & 03D OIP ff-., M�T, N : I a om ov IZI. I oaf] G-13 TURNBOW, MAURICE 1/30/81 G-131 KAGNOFF, DAVID B. Sold to NEWPORT APARTMENTS G-137 NEWPORT APARTMENTS 1/30/81 2/5/81 2/11/81 G-13E KAGNOFF, DAVID G. sold to SEASH61E APART 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 .............. 2/11/81 ... .. ... .. ........ ----------- ...... ............ - ... ..... . ... . ........... . ..... G-140 COAST APARTMENTS 1/30/81 1/30/81 ...... ...... ---- . ........... -------- . ..... ....... ....... .......... . ................ ..... 2/5/81 ............. G-141 KAGNOFF, DAVID G. bi-�4 R4Kfloo • �aa� laa� aa1 •• • •• 1• , 1 0 �.' Y BK 1 3951 Ps 1 .9 JK /MM 12/8/80 .. CoR_`N5 A £arcel G- 96 (� SE WHEN RECORDED MAIL T0: CITY OF NEWPORT BEACH OFORAN cINOFFRCtAtREC0R08 3300 Newport Boulevard n pNli Newport Beach, California 92663 [N)IC0,rtB 17 '81 :d/1 erk JE , LEE A. BRANCH, County Recorder �_z Er12 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, EDWARD V. E. RICHARDSON AND THERMALOU B. RICHARDSON, 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 NNAIL TAX S1AT,.(JENfS AS DIRECTED ABOVE r� BK 1 3851 PG 120 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 "2," as the square footage of Grantor's real prop- erty, as described in Exhibit "A ", bears to the total square footage of the lands lying within the outer boundaries of Exhibit "B," excluding public streets and highways owned in fee simple by the City of Newport Beach and also any lands owned in fee simple by the City of Newport Beach, and fur- ther excluding streets and lands lying within the former Pacific Electric Railway Company right of way; provided, however, that Grantor shall not be entitled to any compen- sation based upon oil lost through evaporation, leakage, or otherwise, or upon gas used, consumed or lost in extraction of gasoline, or upon any oil or gas used in connection with any well drilled or operated hereunder, or upon any gas which is used for repressuring any oil bearing formation in an attempt to further production from any such well or wells; nor shall Grantee be obligated hereunder to save any gas, except as there is a reasonable market and value for the same. Grantee shall be entitled to deduct from the compen- sation hereunder the Grantor's proportionate share of any SUBSURFACE PASS - THROUGH EASEMENT (G), Page 2 BK 1 3 9 5 1 PG 1 2 1 mineral rights, severance, production or other similar tax which may be levied against or in connection with the production upon the basis of which such compensation is to be so paid, or the wells yielding such production, or the lands from which the same is produced, and the Grantor's proportionate share of the cost of treating and transporting for treatment any unmerchantable oil upon the basis of which .compensation is paid hereunder. For the purpose of this Subsurface Pass - Through Easement, "the cost of treating and transporting for treatment any unmerchantable oil" mentioned in the preceding sentence shall be deemed to be the actual cost thereof, but not to exceed ten cents ($0.10) per barrel of net oil. Grantee shall make all payments hereunder to Grantor by check payable to Grantor mailed to the address set forth below not later than the twenty -fifth (25th) day of July and January with respect to all compensation accrued during the six preceding calendar months; provided, however, that Grantee shall be entitled to continue to mail compensation payments hereunder to that address set forth below until notified by Grantor in writing of any change in the address to which such payments hereunder are to be sent; provided, further, that whenever any such payment is less than Ten Dollars ($10.00), Grantee may defer payment of the same until the amounts accumulating thereto shall be at least equal that amount; and provided further, that Grantee shall not be required to issue more than one check per payment period in payment of all of the interests in and to any particular lot and parcel, or any two or more lots or parcels now owned by the same Grantor or group of Grantors. No change in the ownership of land or interests covered by this Subsurface Pass- Through Easement and assignment or transfer by operation of law, or otherwise, in whole or in part of the compensation shall be binding upon Grantee until Grantee or its successors and assigns have been fur- nished with written evidence thereof satisfactory to Gran - tee. Grantor hereby agrees that should it be determined that Grantor does not own the rights granted herein, Grantee's obligation to pay the consideration provided for hereunder shall terminate, and Grantee shall be entitled to recover the amounts of compensation previously paid to Grantor. Furthermore, if it should be determined that Grantor owns less than all of the rights to provide Grantee the easement right and right of way conveyed herein, Grantee shall be entitled to accept such rights as are granted herein by Grantor, and prorate the compensation accruing to Grantor accordingly. This Subsurface Pass - Through Easement shall be and be- come effective from and after the date that Grantor executes the same, or January 26, 1981, whichever is later. Grantor hereby agrees to make no claims in eminent domain against Grantee relating to the herein- described land, including without limitation any claims for fees, costs, attorneys' fees, abandonment costs, interest, those claims which may arise out of Grantee's immediate pos- session of Grantor's real property and any claims pursu- SUBSURFACE PASS - THROUGH EASEMENT (G), Page 3 r sK 1 395 1 Fc 122 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 2gth day of January , 1981. EDWARD V. E. RIC RDSON THERMALOU B. RIC Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: Mr. and Mrs.Edward V. E. Richardson 107 Sonora Street Newport Beach, California 92663 SUBSURFACE PASS - THROUGH EASEMENT (G), Page 4 BK 1395 1 Pc 123 Parcel No. G -96 LEGAL DESCRIPTION Lot 12, 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" DESCRIPTIOi4 BK 1 395 1 PG 124 Oxbow Oil Production Condemnation All those certain lands situated in the City of Newport Beach. County of Oraage, State of California, more particular described as follows: PARCEL "G ": Beginning at the intersection of the centerline of Ocean Front (formerly Ocean Avenue) as said street is shown on a man of the Seashore Colony Tract recorded in Book 7, Page 25 of Miscellaneous Maos in the Office of the County Recorder of said County with the northwesterly boundary line of the City of Newoor; Beach. said northwesterly boundary line being the southeasterly lire of Surn:nit Street. 30.00 feet in width. as shown on said man of :he Seashore Colony Tract. said point of beginning being a point in the boundary lire of the land described in the parcel entitled "EXHIBIT A TO SUBSURFACE EASEMENT" recorded in Book 2824. Page 391 of O`fic ?al Records of said County: thence along said last mentioned boundary li e through the folio :ving courses. along said northwesterly boundary line of the City of Newoort Beach North 350 57'30" East 472.31 feet to the centerline of the Santa Ana R;-,,er as desc -ribed in Case No. 22791 of the Sune.�:or Court of the State of California in and for the County of Orange and as shorn on a rr.ao filed in Book 65. Pages 31 through 36 of Records of Surveys in the Of fice of the County Recorderof said County; thence along said centerline South 78 °00'22" East. 515.70 feet and So::: i 66 42'20" East. 643.27 feet to the northerly prolongation of the fine dividing Lots 6 and 7 in Block 11 of Tract No. 772 as shown on a map recorded in Boole 23. Pages 5 and 6 of said Miscellaneous Maps: thence aloe; said no rthcrl� prolongation, said dividing line and the southerly prolongation thereof South 7 144'51" 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 G35.00 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 st- cet.is shown on said map of Tract No. 772: thence along said centerline of Fern Street South 35 051'00" West. 26.45 feet to the north- westerly prolongation of the northeasterly line of Lot 10 in Block 8 of said Tract No. 772; thence along said northwesterly prolongation. said nor'heasterly line of Lot 10 and the southeasterly prolongation thereof South 54 °09'00" East, 104.94 feet to the centerline of the 10 foot alley in said Block 8; thence along said centerline of the 10 foot alley South 35051'00 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 al'.�y in Block 8 Sou.li 35 °47'11" West. 120.00 feet to the northwesterly prolongation of the northeasterly line of Lot 4 in Block 8 of said Sea - shcre Colony Tract: thence along said northwesterly prolongation. said northeasteriy lire and the southeasterly prolongation thereof EXHIBIT "B" — Page 1 BK 1385 1 Pc 125 Scuch 51'09'00" East, 114.93 feet to the centerline of Orange Street as said centerline is shown on said map of the Seashore Colony Tract. thence along said centerline and the southwesterly prolongation thereof Sou-l135'47130" outh 35 °47'30" West. 137.17 `eet to the northeasterly right- of -way line or the Pacifcc Electric Railway, being the northeasterly line of Tract No. 4400 as shown on a man recorded in Book 162, Pages 20 through 26 of said Miscellaneous Maps: thence along said northeasterly right -of -way line South 54 °02'30" East, 118.67 feet to.the northeasterly prolongation of the line dividing Lots 7 and 8 in Block G of said Seashore Colony Tract; thence -along said northeasterly prolongation, said dividing line and the _ sou hwesterly prc?ongac:on thereof South 35057'30" West, 276.10 feet to said centerline of Ccean 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 CONTA -7NING 21.383 Acres, more or less EXHIBIT "B" - Page 2 ti J BK 1 395 1 PG 12 6 f y Li ON JV 3 W pq r +yi B° LJLJ M Ze Ty g (_ '3 a o i? b i 4 ¢m � � j 4.-1L✓ 1. \ 9i S \i u 'Y � •. \ C �1 L -_ ui ca r' LL � .LL mJ Ste' \il • •, 4 Lu EXHIBIT i'C" 0 STATE OF CALIFORNIA ss. COUNTY OF ORANGE BK 1395 1 PG On January 29, , 1981, before me, the under- signed, a Notary Public in and for said State personally ap- peared EDWARD V. E. RICHARDSON AND THERMALOU B. RICHARDSON, 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. IN WI'T`NESS WHEREOF, I have hereunto set my hand this 29th day of January , 19 81. �-�. N C Td �Y�F�ON '� .j. p21 -IrAI Of FICE IN r I `LE CCU NTV ,: � e ^s pdarefi 28, 1981 My Comr..i:e;�n *. Notary Public in and for said County and State CERTIFICATE OF ACCEPTANCE Government Code Sec. 27281 This is to certify that the interest in real property conveyed by the Deed as set forth above to the CITY OF NEWPORT BEACH is hereby accepted by the undersigned officer or agent on behalf of the City Council of such City pursuant to authority conferred by an adopted resolution by the City Council dated May 13, 1968 , and the Grantee consents to recordation thereof by its duly authorized officer or agent. IN WITNESS WHEREOF, I have hereunto set my hand this day of ?,C~,4e,// , 199 . SUBSURFACE PASS- THROUGH EASEMENT (G), Page 5 127 V. IM 0 m FECp�p`NO 6� .. R�QU�WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California f City Clerk Decd / No, 19090 92663 IX111111 C12 BK 13 9 5 1 Po 1 10 JK /MM 12/8/80 Parcel G- 97 RECORDED IN OFPCIAL R€ ms OF ORANGE COUNTY, CALIFORNIA -3K P. M. FEB 17'81 LEE A BRANCH, County Recorder MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California . . Computed on the con - 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, PAUL D. BREITHAUPT, a single man as his sole 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 Orar.ae, 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 MAI1. TAY STATENIENTS AS DIRECTEq ABOVE • • Bx 13 9 51 PG 1 1 1 The rights granted herein to Grantee are for the pur- pose of drilling for, producing, extracting, taking, and removing oil, gas and other hydrocarbon substances by means of slant holes or wells drilled through and beneath the lands described in Exhibit "B," which by this reference is made a part hereof as though set forth at length, into tide waters beneath the Pacific Ocean and connecting waters; pro- vided, however, that the provisions of this instrument shall not entitle the Grantee, in any of its operations hereunder, to use any part of the Grantor's real property between the surface of the lands described in Exhibit "A" attached here- to and the depth above- specified, or to bottom any well within the boundaries of the Grantor's real property. A plat showing the area affected by such easement is attached hereto as Exhibit "C." This grant is made on the condition that Grantee, in its drilling and production operations, shall use and in- stall materials of good quality and condition, and all wells shall be drilled and maintained by Grantee in the best work- manlike manner and in accordance with good oil field prac- tice, and all water sands encountered therein shall be, ef- fectively and in a proper manner, plugged off; all drilling and other operations of Grantee hereunder shall at all times be conducted in a good and workmanlike manner and so as to prevent and avoid danger of any injury or damage therefrom to the property of Grantor; and Grantee shall take all rea- sonably necessary precautions to prevent the discharge or escape of mud, oil, debris or other matter onto the beach or adjoining property or into the waters of the Pacific Ocean. Grantor further makes this grant on condition that Grantee, as compensation for the easement and right of way granted hereunder, shall pay to Grantor a sum equal to such proportionate share of three and two hundred seventy -five thousandths percent (3.275 %) 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 �4. BK 1395 1 Pc 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 unmernhantable 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 3 9 51 PG 1 13 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 29th day of January , 1981, \ LCAa�, PAUL D. BREITH T Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: Mr. Paul D. Breithaupt 7400 West Ocean Front Newport Beach, California 92663 SUBSURFACE PASS- THROUGH EASEMENT (G), Page 4 Parcel No, G -97 LEGAL DESCRIPTION • BK 1395 1 PG 1 14 PARCEL 1. Lot 1, in Block "N" of Seashore Colony Tract, as per map recorded in book 7, page 25 of Miscellaneous Maps, in the office of the County Recorder of the County of Orange, State of California. EXCEPT therefrom the Northeasterly 15 feet of said Lot, as conveyed to the City of Newport Beach, by deed dated January 11, 1932 and recorded in book 531, page 213 of Official Records. PARCEL 2: The Northeasterly 15 feet of that portion of Ocean Avenue adjoining Lot l in Block "N" 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 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 the resolution, recorded January 5, 1932 in book 530, page 54 of Official Records. EXHIBIT "A" 0 0 ax 1 3951 PG DESCIIP T IO[1 Oxbow Oil Production Condemnation All those certain lands situated in the City of tlewoort Beach, County of Orange. State of California, more particular described as folloors PARCEL 1lG11: Beginning at the intersection of the centerline of Ocean Front (formerly Ocean Avenue) as said street is shown on a map of the Seashore ColonyTract recorded in Book 7, Page 25 of Miscellaneous Maps in the 0 =:ice of the County Recorder of said County with the northwesterly bocndarf line of the City of N'ewpo;- Beach, said north•:Jesterly boundary line being the sou!heasterly 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 tF.e bocrda y line of the land described in the parcel entitled "EXHIBIT A TO SUBSUR.=AC EASEMENT" recorded in Book 2824, Page 391 of Cflcial Records of said County; thence along said last mentioned boundary line through the following courses: along said northwesterly boundary line of the City of Newport Beach North 35057130" East 472.31 feet.to the centerine of the Santa Ana River as described in Case No. 22797 of the Sucei`orCou —of vie State of California in and for the County of Orange and as sho•.in on a man riled 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, 5i5.70 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 Boole 23, Pages 5—and 6 of said Miscellaneous Mans; thence along sa:d northerly prolongation, said dividing line and the southerly prolongation thereof South 7 °44'51" Wes, 148.87 feet to a point on a cur ✓e in the cer.terNne 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; ;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 strcet.i3 shown on said mao of Tract No. 772; thence along said centerline of Fern St_eet South 35'51'00" West, 26,45 feet to the nor'h- 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 or 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` Viest, 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 = entcrline of the 10 foot al:'ry in Bloc :e 8 South 35 °47'11" Nest, 120.00 feet to the northwesterly prolongation of the nort`.-:easterly line of Lot 4 in Block, 8 of said Sea- shore Colony Tract: thence along said northwesterly prolongation, said no:--.`:easterly line and the southeasterly prolongation thereof EXHIBIT "B" - Page 1 115 I • • _. _ ,. Bx 1 3 9 5 1 Pc 1 16 Scutli 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 Sou; 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 Maus; thence along said northeasterly right -of -way line South 54° 02'30" East, 118.67 feet to. the northeasterly prolongation of tie 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 No-t11 55° 51'30" West. 1520. 68 feet to the POINT OF BEGINNING, I i CONT..IN?ti'G 21.383 Acres, more or less F •. EXHIBIT "B" — Page 2 BK 1 395 1 PG 1 17 r• lay a �• \ter Is o W ' r W x. n. s' ,.n Kxn tut sa. ;. .v aQ6 LU ,••o iii a\ �� Z -J y ea �s` • zU- 'W W T s 2 EXHIBIT "C" i a ax 1395 1 PG STATE OF CALIFORNIA ss. COUNTY OF Orange ) on January 29, 1981 before me, the undersigned, a No- tary Public in and for said State, personally appeared Paul D. Breithaupt , 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. i \ N E NICKERSON �- �' IN Notary Public EI:I:`.0 I P OFFICE LOS ANGELES COUNTY My Commission Exp4as. March 28, 198f 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 ZRAez� , 19&L. i SUBSURFACE PASS- THROUGH EASEMENT (G), Page 5 118 l r REG ' S, (Eq SY REQJ WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 City Clerk Deed EXEMPT C12 BK 1 3 9 51 PG 91 JK /MM 12/8/80 Parcel G- 98 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY. CALIFORNIA -ass P.M. - 017'81 LEERBfiAIG 494 Recorder. MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 . . .Computed on the con- sideration or value of property conveyed. .Computed on the con- sideration or value less liens or encumbrances re- maining at time of sale. Signature of Declarant or Agent determining tax - - Firm Name SUBSURFACE PASS- THROUGH EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, WILLIAM R. NUGENT AND SHIRLEE N. NUGENT, 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 wag to drill, test, com- plete, equip, maintain, repair, clear, redrill, deepen, operate, produce, dismantle (remove casing and other equip- ment from), plug and abandon under and through the subsur- face of that certain real property hereinafter described in which Grantor has reserved the right to control subsurface pass- through easements ( "Grantor's real property" herein) at a depth not less than Four Hundred (400) feet measured ver- tically below the surface thereof, a well or wells for the purpose of exploring for and /or producing oil, gas and /or other hydrocarbon substances; the easement and right of way granted herein shall lie under that certain parcel of real property situated in the City of Newport Beach, County of Orange, State of California, and more particularly described in Exhibit "A" to this Deed and such description by this re- ference is made a part hereof as though set forth at length. SUBSURFACE PASS - THROUGH EASEMENT (G), Page 1 MAII. TAX STATEMENTS AS DIRECTED ABOVE BK 1 395 1 PG 92 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 BK 1 395 1 PG 93 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 germinate, 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 94 ant to California Code of Civil Procedure Sections 1036, 1263.410, 1263.420, 1268.610, 1268.620 and 1268.719. 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_./ art -ti 198[. �. SHIRLEE N. NUGENT Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: SUBSURFACE PASS- THROUGH EASEMENT (G), Page 4 BK 1 3951 PG 95 Parcel No. G -98 LEGAL DESCRIPTION PARCEL 1. Lot 2 Block N, Seashore Colony Tract, as per map recorded in Book 7 page 25 of Miscellaneous Maps, Records of the County of Orange, State of California. EXCEPTING THEREFROM the Northeasterly 15 feet thereof. Parcel 2. The northeasterly 15 feet of that portion of Ocean Avenue adjoining said Lot 2, abandoned January 4, 1932 by resolu- tion of the City Council of the City of Newport Beach, California. EXHIBIT "A r • L Bx 139S I Qs 96 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 ": Eeginnind 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 Maps in the Office of the County Recorder of said County with the northwesterly boundary line of the City of Newport ?each, said northwesterly boundary line being the southeasterly line of Su -n-nit Street, 30.00 feet in width, as shown on said man of the Seashore Colony Tract, said point of beginning being a point in the boundary line of the land described in ,he parcel entitled "E:iiIBIT A TO SUBSURFACE EASE:IIENT" recorded in Book 2824, Page 391 of Official Records of said County; thence along said last mentioned boundary line through the follo-ning 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 dese'-ribed in Case No. 22799 of the Sune.'-iorCourt of the State; of California in and for the County of Orange and as sho.,;n 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 60° 42'20" Ezs., 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. 7 044'51" West 148.87 feet to a point on a cu-ve 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; 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 st.cet.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 soutleas :erly prolongation thereof South 54 009'00" Last, 104.94 feet to the centerline of the 10 foot alley in said Block 8: thence along said centerline of the 10 foot alley South 350 51'00' West. 00.00 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 Bloch: 8 Sou-.1i 35'47'11" West, 120.00 feat to the northwesterly prolongation of the northeasterly line of Lot 4 in Block 8 of said Sea - shore Colony Tract: thence along said northwesterly prolongation, said northeasterly -line and the so u;heasterly prolongation thereof EXHIBIT "B" - Page 1 0 BK 1395 1 Ps 97 South 54 009'00" East, 114.93 feet to the centerline of Orange Street as said centerline is sho :n on said map of the Seashore Colony Tract; thence alcng said centerline and the southwesterly prolongation thereof Sough 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 map recorded in Book 162, Pages 20 through 26 of said Miscellaneous ,`.laps: thence along said northeasterly right -of -way line South 54002'30" East, 118.67 feet to. the northeasterly prolongation of the 1L-.e dividing Loss 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 Ccean 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. I i CONT_.TEXTEXG 21.333 .acres, more or less k•. EXHIBIT "B" - Page 2 • \ a ,(.. �. t � TI �• �� �f \ 1M',• t I �� � Z E r V ; e rte• 4 y ) ' L W T —LL it a _ a , x U WW F— �o W •vr f 8- .\ I� �s< v a s lsl e..v° Im uC � I zil '` \` nF1 r v W LU0 3 I �! �r - \•' W `r- a �. Ell. - a. t Tt °S Z W w e z o W �/ CAF• n z EXHIBIT "C" 0 STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) BK 1395 1 Pc 99 On €/9- , 19P, before me, the under- signed, a Notary Public in and for said State personally ap- peared rrTTrraM p err *Tm nv SHIRLEE N. NUGENT, h4sbE�r -aII i7� known to me to be the personQr whose name(,al a� subscribed to the within instrument, and acknowledged that fit[ exe- cuted the same. e IN WITNESS WHEREOF, I have hereunto set my hand this day of t R� 'RT L CARROLL 1� t} PuM c Ca!Itornw P !CIPAL OFFICE IN Notary Pubiid in and Tor said LO ANGEL LS COUNTY IMy Cymmlwiol EXJ +es OctPber 14,19831 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 Iz _ day of 1``9eL. I j SUBSURFACE PASS- THROUGH EASEMENT (G), Page 5 <I To 447 c I Individual] SK 13 9 51 PG 100 STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO } ss: 1 FEB. 6, 1981 On before me tlI� un er5igned,. a Notary Public In and for said State, personally appeared WILLIAM l R. NUGENI� ! W W I W. , known to me fto lie the person , whose name S subsceribed iht 4 �; 4, ?, �•a • o ®. �a�,_�r.rr••�3•i �� m t,, the within instrument and acknowledged that executed the =ame. w y WILLIAM J. GLUMI x; WITNESS my hand and official seal. '± 3 yp. %GTARY PUBLIC yl �+ IN Signature -L /' g y SA COUNTY �. My Com-tls ion Exp. �+ de . Nov. Nay. 15, 1982 I William Glum 4 ° • �'• :tivtvr, Name (Typed or Printed) (This araa for olh<ial notarial scan • • 19089 REcoao\No 6' RA"EN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92563 f City Clerk IDeed EXEPAPT No. /. 2, L__C : y MAIL TAX STATEMENTS TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 BK 1 3551 PS 101 JK /MM 12/8/80 Parcel G 99 RECORDED tN OFFlGAL RECOAM OF ORAN". F CnIIPITY. CALIFORNIA FEB 17'81 LEE A. BRANCH,.CounV 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, ROBERT E. MAYS AND JANET A. MAYS, 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 I G ri BK 1 395 1 Po 102 The rights granted herein to Grantee are for the pur- pose of drilling for, producing, extracting, taking, and removing oil, gas and other hydrocarbon substances by means of slant holes or wells drilled through and beneath the lands described in Exhibit "B," which by this reference is made a part hereof as though set forth at length, into tide waters beneath the Pacific Ocean and connecting waters; pro- vided, however, that the provisions of this instrument shall not entitle the Grantee, in any of its operations hereunder, to use any part of the Grantor's real property between the surface of the lands described in Exhibit "A° attached here- to and the depth above- specified, or to bottom any well within the boundaries of the Grantor's real property. A plat showing the area affected by such easement is attached hereto as Exhibit "C." This grant is made on the condition that Grantee, in its drilling and production operations, shall use and in- stall materials of good quality and condition, and all wells shall be drilled and maintained by Grantee in the best work- manlike manner and in accordance with good oil field prac- tice, and all water sands encountered therein shall be, ef- fectively and in a proper manner, plugged off; all drilling and other operations of Grantee hereunder shall at all times be conducted in a good and workmanlike manner and so as to prevent and avoid danger of any injury or damage therefrom to the property of Grantor; and Grantee shall take all rea- sonably necessary precautions to prevent the discharge or escape of mud, oil, debris or other matter onto the beach or adjoining property or into the waters of the Pacific Ocean. Grantor further makes this grant on condition that Grantee, as compensation for the easement and right of way granted hereunder, shall pay to Grantor a sum equal to such proportionate share of three and two hundred seventy -five thousandths percent (3.275 %) of the market value of all oil, gas and other hydrocarbon substances produced, saved and sold by means of any and all oil wells drilled and /or operated by Grantee during the term hereof under and through any part or parts of the lands described in Exhibit "B" hereto and bottomed beyond the outer boundaries described in Exhibit "B," as the square footage of Grantor's real prop- erty, as described in Exhibit "A ", bears to the total square footage of the lands lying within the outer boundaries of Exhibit "B," excluding public streets and highways owned in fee simple by the City of Newport Beach and also any lands owned in fee simple by the City of Newport Beach, and fur- ther excluding streets and lands lying within the former Pacific Electric Railway Company right of way; provided, however, that Grantor shall not be entitled to any compen- sation based upon oil lost through evaporation, leakage, or otherwise, or upon gas used, consumed or lost in extraction of gasoline, or upon any oil or gas used in connection with any well drilled or operated hereunder, or upon any gas which is used for repressuring any oil bearing formation in an attempt to further production from any such well or wells; nor shall Grantee be obligated hereunder to save any gas, except as there is a reasonable market and value for the same. Grantee shall be entitled to deduct from the.compen- sation hereunder the Grantor's proportionate share of any SUBSURFACE PASS - THROUGH EASEMENT (G), Page 2 BK 1 395 1 PG 103 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 ($10.90), Grantee may defer payment of the same until the amounts accumulating thereto shall be at least equal that amount; and provided further, that Grantee shall not be required to issue more than one check per payment period in payment of all of the interests in and to any particular lot and parcel, or any two or more lots or parcels now owned by the same Grantor or group of Grantors. No change in the ownership of land or interests covered by this Subsurface Pass- Through Easement and assignment or transfer by operation of law, or otherwise, in whole or in part of the compensation shall be binding upon Grantee until Grantee or its successors and assigns have been fur- nished with written evidence thereof satisfactory to Gran- tee. Grantor hereby agrees that should it be determined that Grantor does not own the rights granted herein, Grantee's obligation to pay the consideration provided for hereunder shall terminate, and Grantee shall be entitled to recover the amounts of compensation previously paid to Grantor. Furthermore, if it should be determined that Grantor owns less than all of the rights to provide Grantee the easement right and right of way conveyed herein, Grantee shall be entitled to accept such rights as are granted herein by Grantor, and prorate the compensation accruing to Grantor accordingly. This Subsurface Pass- Through Easement shall be and be- come effective from and after the date that Grantor executes the same, or January 26, 1981, whichever is later. Grantor hereby agrees to make no claims in eminent domain against Grantee relating to the herein - described land, including without limitation any claims for fees, costs, attorneys' fees, abandonment costs, interest, those claims which may arise out of Grantee's immediate pos- session of Grantor's real property and any claims .pursu- SUBSURFACE PASS - THROUGH EASEMENT (G), Page 3 BK 1 395 1 P6 104 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 jL,_,4day of zL. 198/. ROBERT E. MAYS JYIET A. MAYS Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: v z 5 SUBSURFACE PASS - THROUGH EASEMENT (G), Page 4 Parcel No. G -99 LEGAL DESCRIPTION PARCEL 1: BK 1 3 9 5 1 PG 1 0 5 Lot 3 in Block N of Seashore Colony Tract as per map recorded in Book 7, Page 25 of Miscellaneous Maps, records of Orange County, California. Excepting therefrom the Northeasterly 15 feet as conveyed to the City of Newport Beach by deed recorded January 6, 1932, in book 532, Page 41 of Official Records of Orange County, California. PARCEL 2: The Northeasterly 15 feet of that portion of Ocean Avenue adjoining said Lot 3 abandoned January 4, 1932 by resolution of the City Council of the City of Newport Beach. EXHIBIT "A" r BK 1 395 1 PG 1 06 DESCRIPTION Oxbow Oil Production Condemnation All those certain lands situated in the City of Newport Beach. County of Orange. State of California. more particular described as fellows: PARCEL "G ": 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 Newcort Beach, said northwesterly boundary line being the southeasterly line of Summit Street. 30.00 feet in width, as shown on said map of the Seashore Colony Tract. said point of beginning being a point in the boundary line of the land described in the parcel entitled "E%1hBiT A TO SUBSUR—FACE E'.SE.KENT" recorded in Book 2824.-Page 391 of Cfficial Records of said County: thence along said last mentioned boundary line through the folio :ving courses along said northwesterly boundary line of the City of Newport Beach North '15'57'30" East 472.31 feet to the cer. :erl :ne of the Santa Ana River as described in Case No. 22797 of the Super :orCourtof e State of Calirornia in and for the County of Orange and as sho .n on a map filed in Book 65, Pages 31 through 36 of Records of Sur -revs in the Office of the County Recorder of said County: thence along said centerline South 78 °00'22" 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 Maps: thence along said northerly prolongation. said dividing line and the southerly prolongation thereof South 7044151" West 148.87 feet to a point on a curve in the centerline of Canal Street as said street is shown on said map of Tract No. 772, said curve being concave northerly and having a radius .of 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 shox n on said mao of Tract No. 772: thence along said centerline of Fern Street South 35 °51100" West. 26.45 feet to the north - westerly prolongation of the northeasterly line of Lot 10 in Block 8 of said Tract No. 772: thence along said northwesterly prolongation. said nort`. easterly line . of Lot.10 and the southeasterly prolongation thereof South 54009'00" East. 104.94 feet to the centerline of the 10 foot alley ir. said Block 8; thence alons 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 Cc,!ony Tract: thence along said = enterline of the 10 foot alicy in 3!ock 8 South 35 °47'11" West. 120.00 feet to the northwesterly p-olen;ation of the northeasterly line of Lot 4 in Block 8 of said Sea - shcre Colony Tract: thence along said northwesterly prolongation. said r.ort :-easte -!� line and the southeasterly prolongation thereof EXHIBIT "B" — Page 1 eK 13 9 5 1 PG 107 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 Pacif:c Electric Rail:vay. being the northeasterly line of Tract No. 4500 as shown on a mar recorded in Book 162. Pages 20 through 26 of said Miscellaneous Mars: thence along said northeasterly right -of -way line South 54° 02'30" East. 118.67 feet to. the northeasterly prolongation of the lire dividing Lots 7 and 3 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. 275.10 feet to said centerline of Ocean Front as said street is shown on said map of the Seashore Colony Tract: thence along said centerline North 55 °51'30" Nest. 1520.68 feet to the POINT OF BEGINNING. I i CONTAINTING 21.383 Acres. more or less k•. EXHIBIT "B" - Page 2 • • _ _. BK 1395 1 PG 1 08 n n so.nr .i l F ' LLL I 1�, 1 1y •� I "� a .,_- ,; � • ;� i, , L� � Jai a it N >L` O �� _ \ i• \ h f._ x w,• \// "e;, > ,y;� -j a.x �e 1T .ems � `��. !� UL 4. rF 7r' - w \ of u _ �e I%j �z U Oa y • A 1 ' L�nnt13 LL, s.� •�G/ w z U x ? W W a v.F-nz EXHIBIT "C" 0 STATE OF CALIFORNIA ss. COUNTY OF ORANGE BK 1 395 1 PG On /O 199/, before me, the under- signed, a Notary Puylic in and for said State personally ap- peared ROBERT E. MAYS AND JANET A. MAYS, 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 /Oa day of , 19 P/. w OFFICIAL SEAL l� JODI I GOLLETTI < cG< � ) - _ a� .? NO'AaY 7us'_K • CALiFORNIq i LOS ANGELES COUNTY No ary Public in and for said " i My comm. expires OCT 28,1993" County and State Una* Ohm Yen Nuys, CA 91406 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� _ day ofcu,�.ay 198. SUBSURFACE PASS- THROUGH EASEMENT (G), Page 5 109 1. RECORDING REQUESTED BY, amity G2rk 84- 45.1554 �3 EXEMPT NOV 30 'QO "'' C5 (1 ;� /MM .12 /8/80 GiViParcel G- 101 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 RECORDED OF ORANGE -2 2 PNI NOV 6'84 , ECORO 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, ANNETTE F. BOYDSTON, a widow hereby GRANT(S) and conveys to the CITY OF NEWPORT BEACH, _.a municipal corporation, and its successors and assigns, a" perpetual easement and right of way to drill, test, com- plete, equip, maintain, repair, clear, redrill, deepen, operate,,,, produce, dismantle (remove casing and other equip- ment from), plug and abandon under and through the subsur- face of that certain real property hereinafter described in which Grantor has reserved the right to control subsurface pass- through easements ( "Grantor's real property" herein) at a depth not less than Four Hundred (400) feet measured ver- tically below the surface thereof, a well or wells for the purpose of exploring for and /or producing oil, oas 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 84- 457554 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 �- 457554 • V_� 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 a4- (554 ant to California Code of Civil Procedure Sections 1036, 1263.410, 1263.420, 1268.610, 1268.620 and 1268.710. Gran- tor also agrees and consents to the dismissal of any emi- nent domain action in the Superior Court wherein Grantor's real property is included. Grantor further understands the purpose for which this Grant is being made and Grantor, for itself, its successors and assigns, hereby waives any claim for and all damage to such Grantor's property or remaining property contiguous to the Grantor's real property interests hereby conveyed for the purposes described herein. This Subsurface Pass- Through Easement and each and all of its provisions shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, this Subsurface P ss- Th.rough Ease- ment has been executed this �,q day of ANNETTE F. BOYDST d, a widow Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: l /--�- L// a -A, /,P r Social Security Number 43J-36 -013c l C��63�063 SUBSURFACE PASS - THROUGH EASEMENT (G), Page 4 • 84- 45'��4 STATE OF CALIFORNIA COUNTY OF Orange SS. On October 29, 1984 before me, the undersigned, a Notary Public in and for said State, personally appeared. Annette F. Boydsi'_On personally known to me$r p' fctikd�faXrli�dirYiliX@ iar�i $tXsXt7sCa2Kbr��i7Fe'h2e�io be the pcnon_ whose name. 1 s subscribed to the within instrument and acknowledged that she exe. cured the same. WITNESS my hand and official seal. Signature t-���"�`�`�` %_�; Vrrli xr. , --•�- ANNE M MILLER �•im NOTARY PUBLIC - CALIFORNIA h ORANGE COUNTY My comm. axpires O,UG 4, 1986 (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 May 13, 1968 , and the Grantee consents to recordation thereof by its duly authorized officer or agent. q IN WITNESS WHEREOF, day of L'` - , 19hA hereunto set my hand this SUBSURFACE PASS- THROUGH EASEMENT (G), Page 5 84 -IR7554 Parcel No_ G -101 LEGAL DESCRIPTION Lot 5 in Block "N" in the Seashore Colony Tract as per map recorded in book 7, page 25 of Miscellaneous Maps, records of said Orange County, California. EXHIBIT "A" 0 DESCRIPTIOII �4- 457554 Oxbow Oil Production Condemnation All those certain lands situated in the City of tlewport Beach, County of Orange, State of California, more particular described as follows: PARCEL "G ". Beginning at the intersection of the centerline of Ocean Front (formerly Ocean Avenue) as said street is shown on a man of the Seashore Colony Tract recorded in Book 7, Page 25 of Miscellaneous Maus in the Office of the County Recorder of said County with the northwesterly boundar: 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 "ES=?IEIT A TO SUBSURFACE EASEMENT." recorded in Book 2S24, Page 391 of Official Records of said County; thence along said last mentioned boundary line through the following courses: along said northwesterly boundary line of the City of Newport Beach North 35057'30" East 472.31 feet to the centerline of the Santa Ana River as described in Case No. 22797 of the SupeciorCourtof the State of California in and for the County of Orange and as sho ^:n on a map filed in Book 65, Pages 31 through 36 of Records of Surreys in the Office of the County Recorder of said County; thence along said centerline South 78 °00122" East, 515.70 feet and Scuth 60" 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 mam recorded in Book 23, Pages 5 and 6 of said Miscellaneous Maus; 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 curse in the centerline of Canal Stteet as said street is shown on said mao of Tract No. 772, said curve being concave northerly and having a radius of 685.00 feet; thence easterly along said curve and centerline 10. 63 feet through a central angle of 0 °53'21" 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 54009'00' East, 104.94 feet to the centerline of the 10 foot alley in said Block $; thence along said centerline of the 10 foot alley South 35.5P00' 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 o enterline of the 10 foot alley in' Block 8 South 35 047'11" West, 120.00 feet to the northwesterly prolongation of the northeasterly line of Lot 4 in Block 8 of said Sea- shore Colony Tract; thence along said northwesterly prolongation. said northeasterly line and the southeasterly prolongation thereof EXHIBIT "B" - Page 1 a4 -01554 South 54 °09'00" East, 114.93 feet to the centerline of Orange Street as said centerline is shown on said map of the Seashore Colony Tract; Thence along said centerline and the southwesterly prolongation thereof South 35 °47130" Nest, 137. 17 feet to the northeasterly right -of -way line of the Pacific Electric Railway, being the northeasterly line of Tract No. 4400 as shown on a chap recorded in Book 162, Pages 20 through 26 of said Miscellaneous Maps; thence along said northeasterly right -of -way line South 54 °02'30" East, 118.67 feet to. the northeasterly prolongation of the line dividing Lots 7 and 8 in Block G of said Seashore Colony Tract; thence along said northeasterly prolongation, said dividing line and the southwesterly prolongation thereof South 35 057'30" West, 276.10 feet to said centerline of Ocean Front as said street is shown on said map of the Seashore Colony Tract; thence along said centerline North 55° 51'30" West, 1520. 68 feet to the POINT OF BEGIN'NI IG. CONTAP Z-N'G 21.383 Acres, more or less EXHIBIT "B" - Page 2 84--07554 Is C—ZD 44 o " iz ,fin a iel; 7 8 S ° Cal <_ I Is Is LijIs is lo e. �• m i F - 2 f— o oa ^`'' ¢ ill• cZ.+ s •r 67 cr { � °�.4` + °\ �o �I • i '� moo_ o tt. " Is >- Y r "= EXHIBIT "c" RECORDING 7,pIon��_Fau. REQUESTED Bl 84- 36£290 E E `)P WHEN RECORDED MAIL To: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 I ity G'erh (1 'Eii JK /MM 12/8/80 Parcel G -102 <. RECORDED IN OFFICIAL RECORDS OF ORANG° COUNTY, CA! IFOANIA -924 AM AUG 31 '84 GOUNry RECORDER (EXEMPT UNDER GOVERNMENT CODE SECTION 6103) MAIL TAX STATEMENTS TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 SEP'2� ,3aa.� Rfi.�l�l�U.i 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, LEYLA A. H. BIKHAZI hereby GRANT(5) and conveys to the CITY of NEWPORT BEACH, a municipal corporation, and its successors and assigns, a perpetual easement and right of way to drill, test, com- plete, equip, maintain, repair, clear, redrill, deepen, operate, produce, dismantle (remove casing and other equip- ment from), plug and abandon under and through the subsur- face of that certain real property hereinafter described in which Grantor has reserved the right to control subsurface pass - through easements ( "Grantor's real property" herein) at a depth not less than Four Hundred (400) feet measured ver- tically below the surface thereof, a well or wells for the purpose of exploring for and /or producing oil, gas and /or other hydrocarbon substances; the easement and right of way granted herein shall lie under that certain parcel of real property situated in the City of Newport Beach, County of Orange, State of California, and more particularly described in Exhibit "A" to this Deed and such description by this re- ference is made a part hereof as though set forth at length. SUBSURFACE PASS - THROUGH EASEMENT (G), Page 1 MAIL TAX STATEMENTS TO RETURN ADDRESS ABOVE 119 101 84-366290 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 V.a �r alT Imo' 84- 366230 mineral rights, severance, production or other similar tax which may be levied against or in connection with the production upon the basis of which such compensation is to be so paid, or the wells yielding such production, or the lands from which the same is produced, and the Grantor's proportionate share of the cost of treating and transporting for treatment any unmerchantable oil upon the basis of which compensation is paid hereunder. For the purpose of this Subsurface Pass- Through Easement, "the cost of treating and transporting for treatment any unmerchantable oil" mentioned in the preceding sentence shall be deemed to be the actual cost thereof, but not to exceed ten cents ($0.10) per barrel of net oil. Grantee shall make all payments hereunder to Grantor by check payable to Grantor mailed to the address set forth below not later than the twenty -fifth (25th) day of July and January with respect to all compensation accrued during the six preceding calendar months; provided, however, that Grantee shall be entitled to continue to mail compensation payments hereunder to that address set forth below until notified by Grantor in writing of any change in the address to which such payments hereunder are to be sent; provided, further, that whenever any such payment is less than Ten Dollars ($10.00), Grantee may defer payment of the same until the amounts accumulating thereto shall be at least equal that amount; and provided further, that Grantee shall not be required to issue more than one check per payment period in payment of all of the interests in and to any particular lot and parcel, or any'two or more lots or parcels now owned by the same Grantor or group of Grantors. No change in the ownership of land or interests covered by this Subsurface Pass - Through Easement and assignment or transfer by operation of law, or otherwise, in whole or in part of the compensation shall be binding upon Grantee until Grantee or its successors and assigns have been fur- nished with written evidence thereof satisfactory to Gran- tee. Grantor hereby agrees that should it be determined that Grantor does not own the rights granted herein, Grantee's obligation to pay the consideration provided for hereunder shall terminate, and Grantee shall be entitled to recover the amounts of compensation previously paid to Grantor. Furthermore, if it should be determined that Grantor owns less than all of the rights to provide Grantee the easement right and right of way conveyed herein, Grantee shall be entitled to accept such rights as are granted herein by Grantor, and prorate the compensation accruing to Grantor accordingly. This Subsurface Pass- Through Easement shall be and be- come effective from and after the date that Grantor executes the same, or January 26, 1981, whichever is later. Grantor hereby agrees to make no claims in eminent domain against Grantee relating to the - herein - described land, including without limitation any claims for fees, costs, attorneys' fees, abandonment costs, interest, those claims which may arise out of Grantee's immediate pos- session of Grantor's real property and any claims pursu- SUBSURFACE PASS- THROUGH EASEMENT (G), Page 3 84-366290 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 ,3! day of 7�M r 19e. LEYLA A. H. BIKHAZI, sole owner as per divorce decree Grantor SOCIAL SECURITY No.: 556_S�d- 113QX ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: c SUBSURFACE PASS - THROUGH EASEMENT (G), Page 4 64- 366290 Parcel No. G -102 LEGAL DESCRIPTION Lot 6 in Block "N" of the Seashore Colony Tract as per map recorded in book 7, page 25 of Miscellaneous Maps, records of said Orange County, California. EXHIBIT "A" w &4- 366290 DESCRIPTIO14 Oxbow Oil Production Condemnation All those certain lands situated in the City of flewport Beach, County of Orange, State of California, more particular described as follows: PARCEL "G": Beginning at the intersection of the centerline of Ocean Front (formerly Ocean Avenue)as said streetis shown on a map of the Seashore ColonyTract recorded in Book 7, Page 25 of Miscellaneous Maps in the Office of the County Recorder of said County with the northwesterly boundary line of the City of Newport Beach, said northwesterly boundary line being the southeasterly line of Summit Street, 30. 00 feet in width, as shown on said man of the Seashore Colony Tract, said point of beginning being a point in the boundary line of the land described in the parcel entitled "EXHIBIT A TO SUBSURFACE EASEMENT" recorded in Book 2824, Page 391. of Official Records of said County; thence along said last mentioned boundary line through the following courses. along said northwesterly boundary line of the City of Newport Beach North 35-57'30" East 472.31 feet to the centerline of the Santa Ana River as described in Case No. 22797 of the Superior Courtof 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 78 000'22" East, 515.70 feet and South 66 °42'20" East, 643_ 27 feet to the northerly prolongation of the line dividing Lots 6 and 7 in Block 11 of Tract No. 772 as shown on a map recorded in Book 23, Pages 5' and 6 of said Miscellaneous Maps; thence along said northerly prolongation, said dividing line and the southerly prolongation thereof South 7 044'51" West 148.87 feet to a point on a curve in the centerline of Canal Street as said street is shown on said map of Tract No. 772, said curve being concave northerly and having a radius of 685.00 feet; thence easterly along said curve and centerline 10.63 feet through a central angle of 0 °53121" to the centerline of Fern Street as said street:is shown on said map of Tract No. 772; thence along said centerline of Fern Street South 35 051'00" 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 noriheasterly 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 zenterline of the 10 foot alley in Block 8 South 35 °47'11" West, 120.00 feet to the northwesterly prolongation of the northeasterly line of Lot 4 in Block 8 of said Sea- shore Colony Tract: thence along said northwesterly prolongation, said northeasterly line and the southeasterly prolongation thereof EXHIBIT "B" - Page 1 a &4- 366290 a South 54 °09'00" East, 114,93 feet to the centerline of Orange Street as said centerline is shown on said map of the Seashore Colony Tract; thence along said centerline and the southwesterly prolongation thereof South 35 °47'30" West, 137,17 feet to the northeasterly right -of -way line of the Pacific EIectric Railway, being the northeasterly line of Tract No. 4400 as shown on a map recorded in Book 162, Pages 20 through 26 of said Miscellaneous Maps; thence along said northeasterly right -of -way line South 54 °02'30" East, 118.67 feet to. the northeasterly prolongation of the line dividing Lots 7 and 8 in Block G"of said Seashore Colony Tract; thence-along said northeasterly prolongation, said dividing line and the southwesterly prolongation thereof South 35° 57'30" West, 276.10 feet to said centerline of Ocean Front as said street is shown on said map of .the Seashore Colony Tract; thence along said centerline North 550 51'30" West, 1520, 68 feet to the POINT OF BEGINNING, CONTAINING 21,383 Acres, more or less EXHIBIT "B" - Page 2 84- 366290' �5��� 5• I1 � I . 4 ✓� i � .la ': LMM�JlSSfY. 9, Q � °n ` • � QP xs•s. y � O W r KKK J a O. �h`yM1� ,•SpS •SSA ' I � ��� O. �s r - a:` 3 41 y h~ 6 ` S - co t O 4a \a t t, e v✓ l V W� L° x o w ho jJ u i' � 13M x i �• , Ueb,tjxftl��flxI f( _ •J4 �j J ,� b, ig�JJm sai ^s xn� ��Ij oo oss `7" •'.+.: of � e+as C� � -s. l�_ nL 4�Y C. I DIY_ Q d LU zg .� Z '1 .. LL. mu M f W 0 om z� yz 4 W o ° w. =mW 4. F-ns 1 EXHIBIT "C" 34- 366290 STATE OF CALIFORNIA COUNTY OF /Z } SS, en CL� said State, before me, the undersigned, a Notary Public in and for onally appeared L $ /fCff.4Z / , personally known to me or proved to me on the basis of satisfactory evidence to be the person =whose name = subscribed to the within instrument and acknowledged that exe- cuted the same. WITNESS my hand and official seal. Signature l z",- '17?• 0-RCI :tL SEAL ROSE ht, SIMONIAN 'a" NOTARY PUUUC CAUFORNIA Qa ORAGECOUNTY My Comc. c.cra 1a. 31, 1983 (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 , affd 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 TLI 0 t= , lg ,Fq L�) SUBSURFACE PASS — THROUGH EASEMENT (G), Page 5 r' 17596 WHEN RECORDED MAIL TO: CITY OF NFri2ORT BEACH 3300 Newport Boulevard F _ Beach, Californi.a 92663 tip r� & City Clerk C�jV �'319�,� Deed �P EXEMPT 23 No. �S' C 2 KAI� ;lr� ! aTEIE ITS TO: OF ZNEWPORT BEAC:! 3300* Ne— .4port Boulevard 'Newport Beach, California 92663 BK 1 4020 P6 1667 JK /MM 12 8 80 Pdral �—!03 pfCpM IN OFFICIAL RECORDS OF ORF>f16E CWNrt'. CALIFORNIA -1115 AM APR 15 '81 LEE A. BRPISCH. County Recorder DOCUMENTARY TRANSFER TAB f 11 $ . . .Computed on t ^e con- sideration or value of- property conveyea. Comput ed 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 A^'IQV aa{ncwlecee6, ,I j'0:!N L. HORNER, TRUSTEE, or Successor Trustee under j� f\ 4 Declaration of Trust dated October 21, 1970 here'-v ._ Nq (S) a:c coiveys to CITY OF _ NEWPORT BEACH, , a munic ^a.i corporation, and its successors and assigfns, a per�e`_al easement and right of wav t0 drill, test, COm' plete, ' J_uip, maintain, "repair, Clear, red -ill, deepen, o-_era'c..,, -r ducc, dismantle (: 3^nve Casing and Ot ^er eGuio- men� __ ^vilug and abandon under and t'nrcuch the subsur- face of ..._at certain real orenerty hereinafter described in ^,as reserved t Pe ri,7 ± to control subsu- =gce nass-_-rc_-c1: ease- ends ( "Gra.^.tor's real oror.erty" ^e`ein) at de c -- -ct less t"awn Foul :unfired (<00) feet meastred ver- tica___ _1. _::e :.,_face thereof, a well -;ells for t:e pit rDC3 = eXDlori ^:g for and /Or produ -1inc O_i, gas and/or ot.n.er _ _- ocar_-cn substan Cos; the easement a— Of Way gran_: c _erein s:-:ail lie u: ^.der that certain parcel of re.° orope_ '- sztuate6 iCl t: °:e Cit%, of Newport Beach, Count_: of 0-anc-_ State of California, and more particularly cescri'cec in ,. n.. _.�__ ".`." to this DeeC and -.:.Ch descriotion. ov this re- fere-_­ _s madz -a part 11ereOL as though � fcr,_h at S UB'S J7�.`nC �A.SS -TN R 0 U GH _ EM H IT (G) 2 age e rights granted herein .to Grantee are for the pur- pose 'of drilling for, produciii§, extracting, taking, and removing oil, gas and other hydrocarbon substances by ,leans of slant holes or wells drilled through and beneath the lands described in Exhibit "3," 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 anv 'dell 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- stal'_ 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 groper manner, plugged off; all drilling and other operations or 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 t--- property of Grantor; and Grantee shall take all rea- sonabiv necessary precautions to prevent the dischar-ge or escape of mud, oil, debris or other matter onto the beach or adjoining property cr into the waters of the Pacific Ocean. Grantor further' maces this grant on condition. that Grantee, as compensation for the easement and right of way granted hereunder, shall pay to Crantor a sum ecual to such proportionate share of three and two hundred seventy -five thousandths pendent (3.2753) of the market value of all oil, gas and other hvdrocarbon substances produced, saved and sold by means of anv and all oil wells drilled and /or operated by Grantee during the term hereof under and through any art or parts of the lends described in Exi-itit "3." hereto and 'oottomed oevond t1he outer ooundaries described in xc`!lbi= "3," as ^.e square f ootage of Grantor's real prop - erty, as described _n Exhibit "A ", bears to the total spume footac_e of the !a-is lying within tie outer boundaries of :kh15_t "�z," eX ludi. ^.g public Streets and highways owned in fee s_ .:le by the City of Ne!aport Beach and also any iands owned in fee s mole by t:-'e City of Newport Beach, .and fur- ther _x-_Iuding streets and lands lying within the former Pacific = '_ec_ric Railway Company right of way; proviced, however, that Grantor shall not be entitled to anv compeh- ratio- aced upon. oil lost rouh evaporation, leakage, or other° _sag or u�cr, gas used, consumed or lost in extraction or cr any oil or gas used in cor.recticn..wi_h anv =il drilled or oper_ted hereunder, or upon anv gas whic:- _s used for repressuring any oil bearing formaticnJin an attas.pt to further production from any such well or de_ :s; ncr shall Grantee be obligated Liereu nder to S; ?ve any gas, °_Xc=pt as there is a -reasonable market and value for the s -._ . .._a. - s,-a.11 Se en it'ed to deduct from the compe^- sati,.n __under ;:he Grantor's proportionate share of any SUBE :=cFACF PA5 - THROUGH EASE .aE:i"_ -(G), Page 2 C. BK 14020 PG 1669 mineral rights, sever -nnce, `0ductl0'n 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 --a :d, 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 anv unmercha'ntable oil uoon 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 un.merclantable Oil" mentioned in the preceding sentence shall be deemed to be the actual cost thereon, 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 twentv - 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 pavment of the same until the amounts accumulatinc thereto shall be at least equal that amount; and provided further, that Grantee shali not be reo_uired to issue more than one c'.aeck per payment period in payment of all of the interests -n 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 chance in the ownership of land or interests covered by this Subsurface Paas- Through Easement and assignment or transfer by oceration of law, Or otherwise, in whole or in Dart c_ the compensation shall be binding upon Grantere. until G^_a. ^.tee or its successors and assigns nave been _ur- nis:^_eC with. written evidence. thereof satin- acto.ry to Gra..R._ tee Grantor '-eretv aarees that should it be C°termine^ ^a- Granter does not own `e rights granted ci , Grantee's obligation tc pav the consideration. crovided for hereunder Shall terminate, _=nd Grantee s ^.all be entitled to recover the amcunta of compensation. _previously pai LO Grantor. Furt.:h2r3.Ore, if it should be determined t. ^.at Grantor cwhs less znan all of t..e rights t0 provide Grantee the easesent r: a- a "i _iC ^t of way con Ve Va_d. 'herein, Grantee shall be ent_t__,_ Co accep such c_nts as are granted herei-. by L ant._, and prcrate tae compensation accruing to Grantor -is Subsu Y— a^,e Pass- �lrouCj �°�.a S.C'a2hF. oCcal :^.e and ^n- ccm_ ___ectivee from and a =t_r the date that Grantor executes the =_'. cr Januar_v 20, 1981, whichever is later. here'cv agreas to maXe no claims •in eminent dOna o- ai:^.st Grantee relating to the herein-described land, __ pi ^.c without limitation any ClaiMs *_o.' 'ees, costs; r.e s' fees, abandonaeant costs, Lrterest, t.:OSe Claim '- -a7 arise out of G..rantee' i .aediaC3 p os- sessio grantor's real pro e-_ty and a -v ola_ms cursu- S (G), Pace 3 S BK-14020P6 1670 ant to California Code of Civil Procedure Sections 1036, 1263_ 410, 1263.420, 1265.610, 1268.620 and 1208.710. 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 Naives 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 ourooses described herein- '-his Subsurface Pass - Through Easement and each and all of its :revisions shall be binding upon and inure to the benefit of the heirs, executors, ad .-ninistrators, successors and assigns of '—the respective parties hereto. IN -WITNESS WHEREOF, t_ ^is Subsurtace Pass-Through Ease- ment :aas beer executed this 2d day of March , 1981. r �.�HN HOIZVER, i'RUS ^1EE Grantor HI .. i; N� Jo ,sz Horner 7403 Seashore_ Drive Nepo t Beach, California 92663 SIJr` 1t, PASS-T _RC'i,Gr. -_AS E­'1-NT (G), P2y° _ BK 14020 P6 1671 Parcel No. G -103 LEGAL DESCRIPTION PARCEL 1: Lot 7, Block "N" of Seashore Colony Tract, in the city of Newnort Beach, county of Orange, state of California,.as per rap thereof recorded in Book 7, Page 25 of Miscellaneous Maps, Records of orange County, California. E,iiIi" -- .'I' BK 14020Pe 1672 o� SC' _� ^c;a ox'--ow nil P-_,:�ducticn Conde:nat�:on t>i : ,_:... e`_i3__. situated p v - ate.• _ ac" �_...se C.:_.. _ai.dS S LLE %`..+ lII �.: ^... C_%V OL i�C�;. 3-'- Ccumn_ -/ o C=any^ev Scale 0= a =C . ^:ia. more _ __= CtEiO_ desarib C as i0 C4ls PARCEL "G, Be �:,... � c' 1:::e'_ -Se C`[O. ^. of ifle C.E?IIi ° =i1 ^. °_ Oi OCB.cR P:".,ni � Gi`:'i2 i1V venue" a: -eeC ti v;n n f1 t}: y -eg wC -.aC 7 r! Ocean ?_ _; zs S.-:C st_ _ is s::o�. a_ 3 -;zG .,, . e _ s.. � ..G o ^yT: a -. iecG-ded in ^ ^'' !, Page 25 oP Nliscella°_OGS Mens 1R of the ReC2:`_ :. c- said Count':' . %viti1 the nor%h ^Jest_ CG ^.^3 Jolir of t.. C;:-.- nor: Beach, said nox- th:ve.':_=; boundary !:n.- sout :easter; l_i e C Summ",,St =eel. 30.00 eel in wid -th, as s__own on said Mao or _Re se?s"cra Colony `:=act, said 7Cint of oe,y lie n i:n.s betns a - ^Glr?t iII t e bour.da .._ zf tae. land -fesc�bed in tae narzel ental_ed 10 SU 3J IJ' ;_ -.CE E a.SE:v? `_r" Z°_COT_•:<er_' in Book 232?. - Page 39-1- or 0. -10:31 ?One LR eCO:dS 0., 52T , . Z_ C f u.L 11 iCr L's . e 'ol:o'Jing COl:=ses: along Said no* hvvester''J boundary 11^° of 'e Cf c; F?cC: ii0a.h 3J'Jo'1.'':(]• •iasi '.2.31• _- CO i'e ce:^ a :`ne z-. .he Sn ^_a na _ P: ': e*_' as desC'_T':v 0d _ Case �0.� =2279' O_ ..lie Szate or Califor :a in and i0_*"::.e CG...._y of Oia ^so .a RG as s�o%vn on a map iil_d In moo S: 55, Acres ", . . iii -o L', h _-.5 Ci Recoi s o Sur -%evs 0i.::re G: 'he CGua.L_ _e i�co -d.e ^ OI said CoC�. .i1J: thence along said cer.:_er;ine Sou::^. 43'00'2211 East, 515.70 feet and. .C.CL_.. j7'-2'_.. J =S 0 =.�., cal.( °r ^.e no` L T- :e._if n°01Ji.s3.i0 GS the 1:-e Lc:s .5 and 7 in Giock 1: of I raft `O. 772 as a.no%vR on a map in �00o- 23, 7D-ages J and 5 Of said 1P.'ps: :he'n.ce along satd .her GCe1QR ^.> ;l, said di'.'idi 2i-.d the sou: he;i'. proldr:- ='ion c. -1n1 r ', , vV @,�'„! 1 =G. J7 ' °?i iC+ a v01.^:' Oi'. d C1 -v2 in ..._ ^.`2 a.::;C or Canal. .S. :,eel as sa,O S.-eet is sho—o.ii O4 sp;d ^.aoO '!-_�Ci � :o, i'_'. sa[d Ct -le Lei. ^.y concave P.c: herl ai:d ad'a -5 O. 663S. CC !l': -:: _e.. eGS±ei -: along Ja:u curve and Ce:.i e71.:.._ :>_OJ le_t an.-!e Ci G'., -'211` to . -e Ce..fe'_ R2 o ern .._.cet as cz:C s - _et. ;S. ,,.. on 53iC ... of 3'"act Noo 7'2; aicz -- 4Gi0 S`___. OJ'0_'Gn" I' es:. 2S.zJ LE-C, =o °ae . ^:Ci-:1- wCS:�. Oi t. ^.2 RO -. ^.630.__' 1: -e of L,7' :n Bi c:. u OJ ol i sid _ _ SC. .l r. ( 1 2; ii:ence along said C es -e:-1, - -cl- �CL'. Jl-j. JGI�I C: LCL 1v cad the sCC.'e =j:e =!" i. 1G -.o4 fee. :G ` `e __ ^te -li,e o ..... 10 10o alley „c,. '. ICi 53:C .::ends _-GGi _ECj SC' :- , ^S:. 2'G. GG :ee, i0 SJ'::':yeSie' ice_ Qi sa:C Ci sa.:d °l: 'P S __ _al:. - GE ..v_ 10 ICCt v.. _'/ .0 _. -. .. .G.' _'�.. ' ;i.Ga.S.. _ %(� /?:2 'amt 10 .._r ^n .. occ�. r1 •. 'i.'J.C=: J 0. Said C2R- sG... 7.-a,_--_: C. loo; Sa.d :l'3i ... esle • _ 31 Cn _ n, . sz :d, .. ii:^_ S.OL..._.$:i'. C -y `.O�ir.�3...... .... =:COI -. page i BK 14020 PG 1673 South 5. °09'00 East. 114.93 feet to the centerline of Qrange S:reet as said centerline is 5. ^.c'::, Or. sai: —, ap of the Seashore Coio,nY Tract: :hence along said cen:erliae and the socthwesterty prolorsa;icr. t he reef SCL:i. ^. �5' i °.�iG ! :i�eSi. 137.17 feet i0 the roO heasie -li line Of the Pacific lectr c ?ail:aay. being the r.ort.,eas :erly lfr.e of Tract No. _'400 as s: -o«•r. on a ::-:a.., recor-led in Boo`; 102, Pages 20 through 25 Oi said MiscellameOL's ?.taps: thence along said nor.h•°_aste: - :7 rla -C -WaV line SC th J °G?'3G ,asi. 11 d. 57 feet to. the riorthea Sterly prolongation ol ihe'lli.e di •i'. C:::� T..,o iS 7 any in- Block G Of Said Seashore Colony Tract: thence •al0ng Saic nCrtheaSter :V prolongation. Said divid: line and the SCIa.. ::e57e. i'r fro i.onga :lO :n iGe reCE S.O'�i n h 3� °s!'3G 4YeSi. '676.10 fe et i0 Said centerline Of Ccean F:—on t as Said street is sho'::n on S` =.ic rnap 0 Un e Seas; :o :z Colony Tract: thence alcr:g said ceniecl North J. JC `ti /'_ , 1520. 63 i2 °. t0 ..e . O: Cr a _ G. C0NTAENTNG '_'_. 3z3 Ac-as. _._.,_e or less n BK 14020 po 1674 /V 17 .A X12Z Lul 4-� cc LL -Y-Ir- -T. 11 c 11 STATE OF CALIFORNIA ) COUNT`? OF O.P.`G. ) On signed, neared ss. BK 14020 P6 1675 March 2, 19 _U, before me, the under - a Notary Public in and for said State personally ap- JOHN L. HORNER, Trustee or Successor Trustee under Decla_ ration of Trust dated October 21, 1970 known to me to be the person(s) whose .name (s) are subscribed to the Within instrument, and acknowledged that he _ exe- cutea t'ne same> as such Trustee. IN - WITNESS WHEREOF, I have hereunto set my hand this 2d da-y of March 1981. H. E. NFCKERSON (, 60�1 N at" -•. Palk- califomia pR 4C: OFFICE IN NO tart' Pu. 11C in and for said '' CGS AN SLE. COUNTY County and State My commission ^:a ?:ros March 28, 1981 - CERTIFICATE OF ACCEPT ?_`CE Government Code Sec. 27281 Tnis is to certify that the interest in. real property COnv?y'a0 07 the `Deed as seL LOrt^ above to t, ^e C?1Y OF 15 II2ra ^vy c.CC_Dt_O by the u..Deriy. ❑ °CI Oif1C8 or agenz. On behalf of the City Council of such City pursuant to author it`i- Conferred by an adopted resolution by the City Counc i e< =tad May. 13, 1968 and th•e Grantee consents to recDr at.10n thereof by its duly authorized Officer Or acent. i1l-:i,.':OF, I have hereunto set .,.'-and this n J r,. SUBS ';N S s Tfi_:cuGS EAS E. (G), tDa ..E� =� r- P♦PR?,3 c981 C1N 0' Ct?. 17597 RECORDED MAIL TO: OF NEWPORT BEACH Newport Boulevard Nt. Beacn, California 92663 City Clerk Deed ry? ri0. /� /J'.x L TAX STATEMENTS TO: EXEMPT C2 CITY OF NEWPORT BEACH -33.00 Ne•.aport Boulevard Newoort Beach, California 92663 BK 14020 Po 1676 Jic M`? a0 - parcel G -rod M01100 IN OFFICIAL RECORDS OF OwtW COONR. CALIFOUIIA -1115 AM APR 1.5 'Si LEE A. BRAUN, Coolly Recorder DOCUMENTARY TRANSFER TAX S . . .Comcuted on the con - sideration or value of prope -tv conveyed. comDuted on t'-e con- sideration or value less liens or encumbrances re- maining at time of sale. Signature oz Declarant or. Agent determining tax - Firm Name SUBSURFACE P`.SS- THROUGH EASEME im ^CR V2LUABLE CONSIDERATION, receipt of w"Ic.' is .nereby aCKP.04i�e CC °r{I HERBERT L. EISEN AND SALLY S. EISEN?, husband and wife as cc.aunity property kerecy and conveys to the CITY OF idE',IP DRT BEACH, a music_ pal ccraoraticn, and its successors and assigns, a DflrDd t- ease Tent and rl j it of '.JaY t0 drill � te5:, COm- :Ic ^t_/ ^;aln-a Jn, repa_r, clear, reorl_l, Cee --e.n., O- e_a_�, _:Drcduce, diSmdntle `(remove casinq and other °_ 2C: _D- ln -_ , ^.i'j9 and abalr(fon under and _..rouc:i the sulb u _ faca =Bat: certaLn real. proCErty 'nereina =tc_ deSCr'.. _ed':.n n--- :; 'e Served tn0 r. ^.'?`. tG CG ^.t. ^.: SiSbs;._ =aCe _a5S. - _ °Se;lents ( "Grnntor's eal ro-ert` " nerein) a' (Y -0) feet i:l °_aS i..red ,er `ical _ow t.._ sur ac.e t.:ereCf, a Edell G- ells far t!-.e l:'fpcS _� _ icr ;c -Gr ani/or pcoduc; n of M, 7as and/ o_ s'.:bstancesi the e_seeent and _ic: -t of +av rant _.e_G_n s' -al . l;_ u ^der :at Cerza a-Cel G,_E o toner S_= Cate.^, i "! t ^e Ci�_y of Newoorz 3-�ach,'- Ccurty cf Oral c= _'._ _-_ oL Cali or ;ia, and 'lore _ -3articul- 1'. des^ _.Bed in *r _:1 __ - °�•� to tni: -s Deed and SuC desdri_".1.;�. ^. q�/ t:-is re- ere __ :art -ergo- ?s - Ou ^y( Set -Gr at l' > ^1' SS3Su_'.c' EiROGOi E`! :iT (G ) , P ce I f � • BK 1 4020 PG 1677 The rights granted 'nerein 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 toles or wet -ls drilled through and beneath the lands described in Exhibit "$," whim 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 - 7Lde0, however, that the provisions of this instrument s. ^.=11 not entitle t -ne Grant any of its operations here +un:der, to use any part of the Grantor's real property between the surface of t. ^.fi lands deSCribe0 In ^xhiblt "A" attached *ner°_- t0 and tn.e depth a.Dove- specified, Or .t0 bottom any ',jell within the boundaries Of the Grantor's real property. ii plat snowing the area affected by 'such easement is attac:ed hereto as Exhibit "C." T.ais grant 13 :,jade On the condition that Grantee, in its dr1111:nC and production operations, shall use and in- stall materials of coos qualit_7 and condition, and all wells shall be drilled and maintained by Grantee in the best work - manlike .canner and in accordance with good oil field prac- tice, and all -water sands encountered therein shall be, ef- fectively and in a prooer manner, plugged off; all drilling and other ooerations of Grantee hereunder shall at' all tines be conducted in a cool and workmanlike manner and so as to prevent and avoid dancer 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 matte: onto the beach Or adjoining ^.roperty Cr into t,.e waters o* the Pacific Ocean. Grantor further :Hakes this gran:. On condition that Grantee, as compensation for the easement and right of way granted he-eu ^der, Z'-all pay to Grantor a sum ecual to such Drocorti O.^.2te s:.a.._ of three and two hundred seventy - five. thousandt'ns perce -t (3.275i) of the scar et value Of all 011, _a:_< and ot',-:_r hydrocarbon substances produced, saved and sold Z'j means .,t any and all oil wells drilled anal /or opereteG _ Granteg dilrina the term. :nergot u.ncer and through. anv __ycc -art:. Of the lands described. in Exhibit "3" -ure t0 arc :,.Ott.. :�lcC beyond t1"le outer bcundaries described _.. as t.._ scua-e Co-ace of - cantor' S -ea' '_D -co- ei:tY, as 4- scr_ted _.. Exhibit "A", bears to the tot-al scuare tcctace of -he _­ ands lying ',zit in ti-e outer boundari =_s of 3, " =xc_ :c 4 C, oGbli c s - -a G and ic.hways o 7neA i-: fee s: - tv Ci't'y Of N.ew -o r 'each and also anv lands On :e_: 17 fge a "i! ^- v t?-.e City of 'Newport .- 7°_ach, and =ur- theL ex 7. i'c ot__- a ta anal Ian -d IVi;Zg W4 thin the 'vr:^.E:r ?ac :.f_.f _c Ct__C c.: 1.J v comoanv r, .t of 'way.; proL 2_CeC/ Ccw=v= ,. "_ —an'or sh ].1 nCt be entitled to any ccmbe;•- sat'f '. .. i•-r, ,.� O 1 lost through evaporation, leak_=z:e, or .7Ci: ,_o u$eq, COl> : :ile'a Or l0S`. in. [tra: -4 ion Of .--I: un n any Oil or a5 usea in connectiC'. 'w t.. a-V x _ '__ OpF?. r... teq hereunder, or upon any g.;. ',Jr .. eSS �, :_ " n _.. an a =__ _ ` .to fur_Yier production from a.'ny such 'Ae 11 Cr . Ali Grantee be oblicatec iler- _'un� :er eto f:ave a.nv gas, v.... _ as t:". °_r °_ is a reasonable mar<eI an value for the __ -._ °•> 5: ".��._ :e entitled to ceduct f -.oni _.': c^ satiO: _, t_ ..= Gr n'c0 :'`'ci orocoO ici :a f 3G. c ?re :Jf ail Y ' c 0 BK 1 4020 Pe 1678 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 Wald, or the wells vielding such _production, or the lands frcm which the same is produced, and the Grantor's proportionate share of the cost of treating and transporting. for treat:m:ent anv unmerchantable oil upon the basis of which compensati on is pal hereunder. For tine purpose of this Subsurface ?ass- Through ,Easement, "the cost of treating and transporting for treat.-nent any 'unmerchantable oil" mentioned in the -, caceding sentence shall be deemed to be the actual cost _`ereof, but not to exceed ten cents ($0..10) per barrel Of n.et Oil Grantee shall make all payments hereunder to Grantor by check payable to Grantor mailed to the address set forth below nct later than t,.e 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 oavments hereunder to that address set forth below until notified by Grantor in writing of any change in the address to which such _ailments hereunder are to be sentr provided, further, that whenever anv such payment is less than Ten Dollars (510.00), Grantee may defer payment of the same until the amounts accumulating thereto shall be at least ecuai t:at amount; and provided further, that Grantee shall not ^e recurred 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 anv two or more lots or parcels now owned by the same Grantor or group of Grantors. No chance in the ownership of land or interests covered by this Subsurface ?ass-ThrOUQh Easement and assianme'nt Or' trans er by ooeration o= law, or otherwise, in whole Or in part of tee ccmr-ensaticn shall be binding upon Grantee until =- tee or its successors an assigns have been fur- nis;.ec a_th written evide:n.ce thereof satisfactory to Gran- tee G ..z.._ nereb Y -re-es t. ^at 5. ^cold it be determined that Grantor "..es not cwn t ?:° r-fghts Granted. herein:., Grantee's obli:ca to pay _he corsiweration provicec for hereunder s.rail �m�i Rate, and Grantee' stall _be entitled to recover t:he - of cormDensat -On previously paid to Grantor. urti:n r it should be determined that Grantor owns 1 °ss ''3; all of ti.e riGnts to provide Grantee the ease S.e ^.t righ t a7% l i g _t way conveyed 'he re'ir , Grantee shall be eAt2_ _ tE acce_bt suc -rights as are granted herein by and prorate the co —pensation accruing to Gr- n..tor actor _ v --_ -c Su'ps r=ace ?ass - reud'n Easement shall b< and be- com�, - _five fro T. and after t'ne date the.t Grantor exec,te t e _ or January 26, 1 901, whichever is later. ...zor hercb—/ agr'e -?s tO iiia,e no claiis in enirien`_ dc- -- = ':32. ^:SC Grantee `elatins to ti.2 :hereib- describee- lan_:, Including w t: .nou` limLtatiion any claims for fees, cysts. a.torne.1 fees, abandonment costs, interest, those clai -._ ._. magi ar..se cut of Grantee's immediate ocs- sessi = Cra.n.tcr'5 real cropert/ and any clai -ms purs'u- J rge 3. BK l 4020 PG 1679 ant' to California Cede- 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. This Subsurface Pass- Through Easement and each and all of its provisions shall be binding upon and inure to the benefit of the }eirs, executors, administrators, successors and assigns of the rzsoective parties hereto. TV WT'"NESS WHEREOF, this Subsurface Pass - Through Ease- ment ;.as been executed this 6th day of March , 1981. '- ]-ERBERT L. EISE t SALLY S. EISEN Grantor SENT. D1r. _ard ';r�rhert�.. Fi cPn 417 East Harvard Place Ontario, California 91764 C i;'-..3J +�1'.: .�... Yis.:+J —�1 .. JG:. _..=•.7 �r L.1a _U �, �E 4 -e . 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 }eirs, executors, administrators, successors and assigns of the rzsoective parties hereto. TV WT'"NESS WHEREOF, this Subsurface Pass - Through Ease- ment ;.as been executed this 6th day of March , 1981. '- ]-ERBERT L. EISE t SALLY S. EISEN Grantor SENT. D1r. _ard ';r�rhert�.. Fi cPn 417 East Harvard Place Ontario, California 91764 C i;'-..3J +�1'.: .�... Yis.:+J —�1 .. JG:. _..=•.7 �r L.1a _U �, �E 4 -e . BK 1 4020 P8 1680 STATE OF C =_ I?O N!A ) San Bernardino ) ss. COUNTY OF .E/VIa.1 l On March 6, ' , 1981, before me, the under- signed, a Notary Public in and for said State oersonally ap- peared HERBERT L. EISEN AND SALLY S. EISEN, husband and wipe known to me to be the oerson(s) whose name(s) are subscribed to the within instrument, and acknowledged that they exe- cuted the Sa. -e.. IN -WI` NESS WHEREOF, I have hereunto set my hand this 6th day o f bfarch 1981 ^H., :CF :F.�coN LO< .4F:GEL �S CCJNTY � m "es tih;cn MY Con;mlv7on Exp.: Notary Public in and for said County and State CERTIFICATE OF ACCEPTANCE' Government Code Sec. 27281 :3 _., ce:t'_i_y that the interest In real oroperty Conve�Ye ;: G•i the Lee' as set forth above to the CITY OF VE`i1PC'_:' is he'"ebv accepted by the undersigned office_ or agent Ca ;eha'= of i Parcel No. G -104 LEGAL DESCRIPTION BK 14020 Po 168 1 Lot 8 in Block N of the Seashore Colony Tract, as per map recorded in book 7 pace 25 of Miscellaneous Maps, in the office of the County Recorder of the Countv of Orange, State of California. DEISC_.?? ^ION Cc•:GOId C�' �LCd:fC'�:CP. CO. ^.C°i^.Rd L1C. ^. BK 1 4020 P6 1632 All t_rose Cer _a'_a lands si"_:at.ed -in the C1t. of CP CGGn 'J Of crane°: $ -a`° 0= Cul__ °C" ^_d: IoZe D3;L_C.'__c- a5 °O o075: J . i n 11 of the centcriine of Ocean _ rcn_ (fe- -Ler1y Cc eat. __ven'.:e)as Said S':eei is s;ovin on a _inao of "ne Sea 52G -.e Coio.::_J.T :_... eCO -G eC IR OO2 i, '2a=° iL'ZisC @ tianeous "VlaJs in i`_ Ciiice Oi the Coln­;- 2CC. -...,' Of Said �C OC(:;J �Sii�1 :_?2 n0. ^.R!Oesie:_ _ -:C :1 _e o' .:.° C' :" of �e "'CCr� 2eaC_ ^., ca:... n0:- Iii-ly boundary rli_i-e De:nj the sCL:neas:e-.i'; li:•e c S'u."i^i._ S__eet, 30. CO feet in wiGi:a, as shown G <R said mao Of _R2• S_ =mote Co_Gny Tract said Coinii of beginning being OOLn t' L;1 of `—e -a.Cd. C- C_^_bed in the OarCei entl d A .. TO su3suP_ ACE EASE MIEN ;T" _corded ir1 LGO% 2524 Page 321 of GfcCiai a °CO- s Of Sc!^ COG: ; thence aiv^n.g said Last i_Len tined uOl:.'lda! f li e ...rough (. ^.e ioiio% inlg courses: a?'cng said nort`1v?E_er r OGundary line o" e C ai Ne ioor; Bemc'';o _. `57 "C" East ^72.3i Teei to tie I 1, ceri•ar }:cna of :e Santa R",,er as described in Case No. 2279; Of Sucer:o C�Oii —..Gi t!e Jta4e G_ Caorn: in ana; for- Cca :t-' of C:c. `e _ J �' a uRd 3s s Y:: c Z. r as filed _.. BOO" 553, c Pages 31 t!'1r..G.S: 5 of '?CO_"ds c' Sur:evs ir. do Office of tie CoGaty necorder o - said County; th ° ^Ce a._oag Sa i'1 Con e_"i_.. SG'Sf 7 30 001 2211 _-ast, b�L J. 7V ie °_ and n 491^ . '^ `2 °t : P rh.e.AJ w'�:G :.�'__On Of .. ^.Q line dividir..6. Lots 5 and. 7 in 1BJ_CC}: 11 of 'TracT No. 772 as s: -ow on a roan .._.- in Zook 23, Pages 5 and G of sa;d �J:Scelia eocs ?:Laps: thence aid: ^.3 Su_C nc�! Crly prC L•: ^y °i1 O.'1, said d iding line cnC 'he sCL_f7e -.j }} Y We .st i _O. i°.r7 feet io a --;nt oil a cu,—.re :R ..,e Ccnta"i. ^? of Canal IS"reet as Said St ^e'°� IS s[LO C; ^. OR sa:� t:.3D O: f - - O.: b3... J,� n .:72. ^.0 <a7rny Said CL ^de and Ce...._ _;. 10. 53 feet Z'- C Cu. 5." 3 C::.._ -.__ u';s__ C: U. - 1'2_11 i.0 the CC':1_ei_..._ Of _ .:.. .. C•-... as :O CR __ .. 7 GE �iC_ 772• co...__ _ _rn Str=_e_ Scui`' c- 5i''CO" l+ eSt. 2S_ __oO tF.e ao t:- :rester _R :icn cii no, '-eas_eriv I:ne of Lot 10 iz Bicci: c OF saic _ ra c_ . N c. 7.2 ,'c n c e a I on I said .or`'. es er'; ;i-J_c^ sai^ - :or`:: ^as:m_- yG; _L 0 ar.. t e so'._- e2stes!y o:^ �a .. *. e:eC[ feet tc .e centerline - -e 1Cv. of aiie•. in SH iC -.... -- °•RCc` �! ^:.� Sai Ce. ^� @rl i.-ie Of t:a. ?Q fGCi alln:. ..ie Sol! Ie: }. •I rSi_.". i20..O0 :ce to _ P.O �•e�.,.. -1� t7- _.. _--ter­ _..SC of r.Ot '_i.7cL 1 0[ r.c... 5•3�- s:,._= sai :.`:e Sou: _'S_Or!y pc ^'c cn "he f s 0 0 BK 14020 pa 1683 South J -' J9'717:' _asi. 11 _ 0_3 Feet to the 0° tier l'.ne of Craa;e St= as said cen.terl: : ^_e :s s-* -o:Sti O.^. said :C:29 of ' ^:e Seashore Colo• ^.1 T rac!: ''.e. ^.C°_ alo. :. sa:C C e r l: ^.°_. and '::e so ihwe s:2=1y D=olon,�aiicn `.h e: -e:.i Scu 35 -; v n l'cst. 13 7. 17 fe =_! a ":e no_ ^'...=' -s:e a I. ^.° O? il: -' �cG:Ia:. L: °_Ci: iC �ailwa . the noiheas'e -ly line of Tr ct 1r0. -'00 as- s.::o'.vn. a -Tic reCo^'_EC :ii Boot 152. ??� ?s 20 Tiro Cyh 7.^J Oi salc risce_! ^ecus '%lacsC/ .:. ^.e. ^.0 °_ acon5 sa :d ao_ heast°_rly = :sg:-- .-om - -.vay the C .an)i on" t ioe` c j;-� a� 7 t �:,-, 1..._ Ol 1 v_ .0 Iasi. 1 3.57 � to. th ao:,..eas er_} Oro : onga -:..n O'. the P =,e CI'.''':. ^.� Lo-.s 7 2::Q 3 E:1 J10Ct.--. C oI s2 ?C Seashore Colo ^y T:2C:: thence -Jrclonlgati_on, said l_ae and the sOL't::'•::esie^ 7n0I"n�a:iCR tn.e:'ec, So'_ -:? Jo' 57"'0' t `Vest. 27 p. 10 'eel t0 sa:d C: Ocean F--..:it aS said street is ^.O':: Ll on said map OC t.':e Sea's :ore Colcm- _ r2C�: thence al, —n,, said V:est. 1520.53 fee.- to t::e POI-NIT 0_7� 3�:GT'.•; \_,?iG- CCNT T1lN 21.333 Acres. more or, less k BK 14020 PG • . 1 =. ! -5 xi - . O ij 7c Lli -A. t . 1 =. ! -5 xi - . O ij z OK 13989P6 1641 JI/MM 12/9/80 28213 WHEN RECORDED MAIL TO: CIT OF NEWPORT BEACH EXEMPT -ft 3300 e „co t 3oulevard C4 MIDED IN OFFICIAL AFCORDS NeNoort Beach, California 92503 OF CRANIA COUIM, CALIFORNIA City Clerk Deed 0. MAIL TA`: STATEMENTS TO: CITY OF NEWPORT BEACH 3300 NewDort Boulevard Newoort Beach, California 92663 -s so PM MAR20'81 LEE A. BRAWL to%* Remdw DOCUMENTARY TRANSFER TAX . . .Computed on the con - sideration or value of property ccnveyed. Ccmouted on the con - sideration or value less liens or encumbrances re- maining at time of sale. Signature of Declarant or Agent determining tax - - Firm vane SUBSURFACE PASS-THROUGH E SE;IE`:T FOR VALUABLE CONSIDERAT.ION, recei_nt of which is hereby/ ackncwledged, . JOHAvNES C BO:EL; 7 OUWER, z:n un-a ice., :ran, ill C'v"NT(S:) and conveys to the CITY l F N ,iPORT BEACH, TU'1 ici.,al corporation, and its suc -ce.-. ors cnd assi -ns, a peL7:;etual e:aSc•.,^•,ent and right of wa-r to d--:'_l, test, conn_- ,l_ E:, °_C1ui.C, maintain., repair, cltpar, re-rill, deepen,. e ate, zDrbt°uce, diSmaintle ^(.:°_.ove cas _nd other vequip- _._om), plug and abancon under - d tie subsur- 0= t'nat ce -Rain rea cescri --ed. _n th-_ �.. .. ran tor i ;: °_ ..ca reserve-_; _ '_.: C:. CO:: �.�01 �ub5:u"_ - .:C.: =• eas<_':,en s ( "Grantor's __al rocnrtV6 :erein) at a cr ^.ct l °ss t an Four Au^ (400) fe : _ measured ver- -, -H 11Y celo'n the surFace t. ^.£r-3cE, a 'dell cr wells for a: In qSF ol- e- aloring for a:nt'jCr Drodiucinl ; pil, Gas and/eir hvdroc ,?On substances; t' ^e e.? ?_.._.... 3^O riaht, of Nav .ecei.. .:.,:'_i lie under that c rte.i. parcel of .e_! e :cad J_ ii the C i t v of 'r'.:ccrc Be c h , Cou:,ty o? �. c-7 e, 't.9ae of California, and more described: to this Deed ar:G Suc- `e S.cri'_>Gion Lv this re- ____[?�? is ..ade a gar t i:e`coF c.= thouch set forty at length. r -, f • BK 13,cj'8aPG 1642 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 "3," 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 Crantee, 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- "lice, and all water sands encountered therein shall be ef- festively 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 c` spud, oil, debris or other matter onto the beach or adjoining property or into the waters of the Pacific Ocean. Grantor further :naives this grant on condition that Grantee, as compensation for the easement and right Of way granted' '-.ereunder, shall pay to Grantor a sum equal to such or000rtionate share Of three and two hundred seventv-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 durir.c ti:e tern hereof under and through an,. , rc :r% or carts of the lands described in Exhibit "B" hereto and Nottomed bevond t'e Outer boundaries desCrlbed 1f1 Exhibit "B," as the square io tace Of Grantor's real prop- erty, as described in EXh lblt "A Dears to the t0"ldl square footage of the lands lying wit..n.in the outer boundaries of Y. iiNlt "'�," e: {clu6ing public streets and hlghways owned in - - f °e :mo'n by the City �Of :ie`w_Ort Beach and also any lands" c n_- in ___ sim le cy _.._ C:.tv of Ve.aport 'Beach, and fur- 1,]".'"' street-- and lands .'iying within the forTer ._1'_..,.ric R:.:ii'wa :�/ Coiznan.'_ at of wav; prcv_ded, n ow, eve -, ^,r^_ Grantor s'hal_ riot b� entitled to any comoez- �_ion b-: •Bed upon oil lost hr uch e,'cpOration., leakage, or or upon aas used, COnsu:i -tied Or lost in extraction .*. o= yasoii:�e, or upon, any oil or gas used in connection wish an`; 'dell trilled or ocerated hereunder, or upon any Gds wrl '_:h 1= use :: =.cr- eCressurin'g any Oil Nearing formation in to f -th•r production from any such well or w Is; nor s :a1_1 Grantee ''e obligated hereunder to save any J, exce c' as ^.er°_ is a rLasonable ima.rket and value =or Grant.-De s;:a1_l entitled to deduct from tae com_Fan- s:zion _c; ^d ":e Grantor's prcportiondta scare of any _ASS-T :.a",vU C[7 (.G), Page 2 mineral rights, severance, production or other similar tax which may be levied against or ih 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 mont<is; 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 rea_uired to issue more than one check Per payment_ period in payment of all of the interests in and to any particular lot and parcel, or any two or more lots or parcels now owned by the same Grantor or group of Grantors. No charge in the ownership of land or interests covered by this Subsurface _Pass- Throuch Easement and assignment or transfer by operation of law, or otherwise, in whole or in par% Of the compensation shall be binding upon Grantee until Grantee or its successors and assigns have been fur- nished with written evidence .t hereof satisfactory to Gran- tee. Grantor hereb°i agrees that should .:.t be determined tn.`t Grantor does not own tae ri: is grant== herein, Grange's obiication to pay the Cons1:7 °_ration Provided for hereunder shall terminate, J ane Grantee shall be entitled to recover the amounts Of comoen--ation orm-Viousiv Raid to Gr ^ntor, urtnermore, if it should ce oe torm ineU t ^at Grantor owns less t'lan r-.'_1 of the rights t0 prcv4ce Cran.tee ^:e eesemant right and _ight '110.V _r1.?=Vec herel::, Grantee sra-1.1 e:title, to acceo`_ such as ar'_ granted here-.n ny Granter, a: ^.0 _'"orate.. the COr._ens.atiOn< c c-1 ing to Granter ac::.o-r: C inC l`7. This Sub u�:'ac­_. ?ass-T,.rough _asement shall be and .- come e._f -cti ✓e from and aft °_r t:,e data- that Grantor eCC = cute;, t' ^:e sa: e, Jianuary 26, 1981, whi&iec-er is later. Grantor hereby ar,rees to mace no claims in eminent domai.. against Gra-ntee gelatine to the herein- described land, including without `limitai :ion. any claims for fees, Costs, .'.ttcrneyS' fees, atlandcnment costs, interest, thOs.i' cla`_.i,s which :nay risC out of Grantee's immediate pos- Session of Grantor' al pro_erty and any claims pursu- Si ?= h.-1G_;:EiT (G), 'age 3 i' L 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- ent domain action in the Superior Court wherein Grantor's real property is included. Grantor further understands the purpose for which this Grant is being made and Grantor, for itself, its successors and assigns, hereby waives any claim for and all damage to such Grantor's property or remaining property contiguous to the Grantor's real property interests hereby conveyed for the purposes described herein. This Subsurface Pass - Through Easement and each and all of its provisions shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the respective parties hereto. IN ;WITNESS WHEREOF, this Subsurface Pass- Through Ease- ment has been executed this 18th day of February , 1981• w u, - J HANidES C . EOELITQUPIER ;:.ITCH CC%j _ ;S <. '05 ?:_'[VENTS T7 SENT: --- J9Jia>nes_C - Boelhotnw,e-T-- -.- 4500 West Balboa Boulevard Newport Beach, California 92663 _7j rr Grantor Pace 4 C Parcel No. G -105 and G -106 LEGAL DESCRIPTION The Northeast 15 feet of Lot. 3 and all.. of Lot e in Block 8 of Seashore Colony Tract, as per Map recorded in Book 7 Pace 25 of Miscellaneous Maps, in the Office of the County Recorder of Orange County, State of California. ('':i:oW oiI Product-ion Conde? cation. BK 13989po 1646 \j1 t:,Ose Cer_ad -. landIs t ^e C' -tf! of ?':ewport $Baca. CO....LY of C.r?^.Ce, s""a =e Of. Pore particular dnSC_'.i.oec- -IS P.A R C E L "G" �o �: ':n ^. R,'� i :2 _ .Iersec;:on C! i.'1°_ C'e..n. er!; -e. of Ocean Front (fo-- Ineriv Ocean -'- ve.n, :e) as SJCC st ee: :s S_ G:Vn GR a :ago or Seas. -_:-e ColonfTrfC` 'ia—e 2Jof _ ;sce_'.C.^..eo-us �A Ds .':,a i:'_C? of tse C.o,__: • said C,^,i -, . :. :' .f ii:f the no..h-.-iesi271f bounda` Line Of t::e C:,y or New—Do:—': =eaCn, sa:d nG t: n': e'sio_rlj Co-unda_j li -e De ?!is i.'1°_ so;; eSSt2 `l, "lino o: Crur..,...:t Seree=, 30.00 feet in vlidt:, as shown on Said Ira] �,_ e Seas`ore Colo: f T=act, said point of °oe,5. n.itln.-q' .oeln� a DG:'nt :n ^ ttr.. -. if:_ uG�r.Cc^ li ^..2 Cr the land CesC -­'bed L:1 the Darrel en ±;:Led nlrfi t. _. TO SU?SO >,CE EAS_.r_ N1V' r °_CC ?'ded in Look 2324 D Ee 3.271 of of CCun", -- aen.o2. -I-- said las* : :e:. ^.'_!o.Red tbcun:Ca.'-J :..'CUB 10!10'. +ins CCU—Ses: OnS said nort:westerlr boundarj l:n- or e C o: N° ":Dor Eneach _-N'orilh 3J °51130 ^ast 472. 31 feet to t:'.e C°_...2.::'r`::e of ...,. San`a _.a.._ ver as desdr'.oed in Case' No. 22121 o_ ... .. _:_': C..'�. w:C or ._C .::.a .. 3nA for `.n2 `.. ut+t� of ..y_ .s S ^i:n a . - ., t'aSe= 31 `i:rcugh 35 or Fecor2_'s e„ Go:: _�. o: i .^ ..._T O <:ce Gf ine JCc ^> Fie cer o:: said Ccun` ; 4..'. ssid' Ce.2.'. °''[.... 0ou": 18`0012211 E. st, 515. (0 fee. and 5-'3. 2-1 _2L i0 ..._ ^C- ": !'_-1 %. 7'316 -.S a.,O ❑. GI i'"° 1 ?a'.�. dim- ".': ^•� r.o s 5 .. @� II i6 t-'_c CC:'o. 11 Oi Ts ... NO. 772 25 sl!C'.7 :1 OR fl Tn =D P ...._. ;n 27-, Pal- -s onr' 5 C. sa'd l.i:s _llane.>': ..s M2,zs: ..... . ^.CC .irY.� �: : -•'.ten ai :r...:� •'.O. ^., sa:^. C:vid:n— l:^? and the soC::e'_:i D ..�n -'S ?x:0;1 ^.' c_ r C^_ Soul` :•�c °J1 tfi roc: 1 23. i>i feCC iC [a 90'.1v CR a Cll °_ `n . ^.n Cen.;e7::. 2 C: Can2ll S'-Pef as sa:J s`.reet :s slio -in on sa:d mho of `TSac'. ;c. 772, scid cur -.=e :oeiny concave and ..avir- a .ad :us of ''-`.02 'ei. , .,._.::c? eas:_ r .ton zic c• rye ::d.cen..e. ^lin° 10. 53 feet rn.... .'.? �C v. G`'J3t2111 t0 7�':: ?- CC. "Ci {C:'_. -.._ C: _'_.ern .C>`* .o .. , r , 2 + F ..021:1 0'1 sa:d rn ::p o: r1 �Ct 1,C. 772 ..._nC°_ along sn:d nfJ ", cca__:'.:..._ SL.'eet SO:.:� 51'G0 es , 26.5 feet Lae nor or t ^e no ".r s line c LGt 10 in 3ioc _ _..... r . 0 77.'; ii ._nCe alon-' air .:o _� _ p= 'G 5 ?: CS ^n, .O. .. .- 'L. C: �.C': 1(? c.nd t._ .c ea c..e ' 7: .- .tea':_.. ...�r2 Ce' S G'_... _. .r,'�''�G' ._351 10 n' ic:'.? :J �.'._ C^_: ^.t:.:':'.. _ of 10 Lod: valley :n .C::- ..... . ^,C ...< r. Y l i,... ... c :''e 10 .G:,. ... in 131oc1. 8 o' sa: n% 1 .3cc. inns..., _r .: "._, ..... :�f i0 :CGt ! ct in E.oc: -: a" of saic Se:: _. .. ... . . r/ S C .. _„ a S, C`:j O rO.lG n.'-a` C:l :.. ".c r^ ..,. I3IT "a" - ?a5e 1 i r Sc•,:;` 5•• "09'00" 11 .° = '' 3 Feet to the czn;zrline of Orange Street as said ce er'.i : ^.e is s o::n cn said map o- uhe Seashore Colony Tract, ;hence alo ^,y sa:d Cenier!in e and the souti-westeriy proloa�3tion ;hereof so,-, ....:5' 7130" . .: .: Aest , 137,17 feet to the :no:tnea..s, terlf line of tl_ 0 7s_:f ic El ec;ric Railway, be;-g ti-n no,14ea stn rly line of Tract No. .:00 as saox'n or. a map recorded in 3ook 162 Pages 20 i.hrough 25 of said �t : <C °773f ;e0US 'I'la-is; thence along said no ^heasier'v ile�a_o- -way line -Sou"! -Sou"! 54 °03'30 n -.-;ast, 1'_3.67 fzz t tc. the northeasterly p:-oior.-atioa of ; e I. ne dividing Lots 7 and 3 in Block G*o• said Seashore Colony Tract: `ie.^.Ce'alo ^g. sai`l r: ^east:?r!y prolongai:0^., said olVldli:g Mile and tae • ' " sz 276.10 reef c..^.Uc': :`: c^ -r:f D: Ol OC'E2 : :0 :'? ti!2:'Ooi JOIi C.i ,i: J0 �i e.. �r l0 sa:C Ce. ^.._rl i..,- o: CCe_ ^• i as said Js: is s. ^.o'... on sa:d map Oi tae .C.ea�hc: -- Colony Y �T ract; the .^:Ce along ,said cente �.n i; or`• J °J :'3O :'lest, 152 .03 `e °- i0 i ^.e ms.. �iT O BEGINNIi7G. I "^' res, more or less ' y'. =.:; t''t�T•i. :iii _ Page 7 2 tsn i vdauIju 1 b 4 0 L I / � 1 z _ i.' i _ ' } Y1• 1 _ I�° ' 'Y � a W e STATE OF Ci?L_703NIA ) ) ss. COJ:iT_' vc Orange ) BK 13989PG 1649 On February 182_1981 before me, the undersigned, a No- tary Public in and for said State, personally appeared d05 =.-NINES C. BOELFQu61-Et2 mown 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- nowledg`"J'd to :ate that he executed the within Instrument. WITNESS my hand and official seal. s �. oN Notary Public !s , t lrnl 0M CE I:d !:.y Comm!z':,ri [xpi: cs Mitch '28. 1981 CEP.TIFICAT7 OF ACCEPTANCE Government Code Sec. 27281 This is to certify that the interest in real property conveyed by t_ae Deed as set forth above to the CITY OF NEWP03T BEACH is hereby accented by the 'undersigned of ficer or agent o:i behalf of'the City Council cf such City pursuant to autho--ity conferred by an adopted resolution by the City Council rated MaY 13, 1968 , and the Grantee consents to r_corcaiion thereof by its duly authorized officer or anent. C:1V2 here-unto ^P_t m`/ `!ar:d this 25 of Ffz Any }�Si. w 4-- w 1 r 83- 344039 •;���' C. �a° k O PSG PO �O 0 PEQJ WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, Califor ORIGINA Qty i:I�:I; o.•O ! f,{ MAIL TAX STATEMENTS TO: SEP 1983 926 tiIva �• CITY Cl f Ri( E EMPT ,,; 1D! CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 r JK /MM 12/8/80 Parcel. G- •107 I: RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY. CALIFORNIA .1222 pM AUG 9'83 /, o COUNTY C 75.�L La lr/dla ./ RECORDER DOCUMENTARY TRANSFER TAX S . . .Computed on the con- sideration or value of property conveyed. . . .Computed on the con- sideration or value less liens or encumbrances re- maining at time of sale. Signature of Declarant or Agent determining tax - - Firm Name SUBSURFACE PASS - THROUGH EASEMENT FOR VALUF.BLE CONSIDERATION, receipt of which is hereby acknowledged, DANA H. SMITH, :a married man as his sole and separat propetty` , 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 MASS- :T'_''.CCGH EA.SZKFNs (G i , Page I MAIL TAX STATEMENTS TO RETURN ADDRESS ASOV, 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 bf 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 Gra'ntor's real prop- erty, as described in Exhibit "A ", bears to the total square footage of the lands lying within the outer boundaries of Exhibit "B," excluding public streets and highways owned in fee simple by the City of Newport Beach and also any lands owned in fee simple by the City of Newport Beach, and fur- ther excluding streets and lands lying within the former Pacific Electric Railway Company right of way; provided, however, that Grantor shall not be entitled to any compen- sation based upon oil lost through evaporation, leakage, or otherwise, or upon gas used, consumed or lost in extraction of gasoline, or upon any oil or gas used in connection with any well drilled or operated hereunder, or upon any gas which is used for repressuring any oil bearing formation in an attempt to further production from any such well or wells; nor shall Grantee be obligated hereunder to save any gas, except as there is a reasonable market and value for the same. Grantee shall be entitled to deduct from the compen- sation hereunder the Grantor's proportionate share of any SUBSURFACE PASS - THROUGH EASEMENT (G), Page 2 83- 344039 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 ?ASS- THROUGH EASEMENT (G), Page 3 83- 3'4039 c 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 /0 day of 198 ". Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: SUBSURFACE PASS— THROUGH F- ASE.KENT (G), Page 4 c c 83- 344039 STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On March 10, 19 81, before me, the under- signed, a Notary Public , in and for said State personally ap- peared Dana H. Smith ORANGE COUNTY 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 V2*a- , 14 . vin m�F1N1NM111ro UARA HUGH N.pra Y gUCLQ C,ALIFOIRWA � F.2!Ng. -AL OFFICE. IN `- ORANGE COUNTY My Commission Expires Des.. 1$, 1981: w�mwnuuunniwwuuumtieuummmuuvumuvvuwmmnuuunnnumuuvuwim ary P J�ic in and for yand unLCV__C State q 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 YFr- day of i'1 19b, SUBSURFACE PASS - THROUGH EASEMENT (G), Page 5 83- 344039 Parcel No. G -197 LEGAL DESCRIPTION 0 Lot 9, Block 8 of Seashore Colony Tract, as per map recorded in Book 7, page 25, of Miscellaneous Maps, records of Orange County, California. EXHIBIT "A" r 83- 344039 r DESCRIPTIOII 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 streetis shown on a map of the Seashore Colony Tract recorded in Book 7, Page 25 of Miscellaneous Maps in the Office of the County Recorder of said County with the northwesterly boundary line of the City of Newport Beach, said northwesterly boundary line being the southeasterly line of Summit Street, 30. 00 feet in width, as shown on said man of the Seashore Colony Tract, said point of beginning being a point in the boundary line of the land described in the parcel entitled "EXHIBIT A TO SUBSURFACE EASEMENT" recorded in Book 2824, Page 381 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 35-57T30" East 472.3.1 feet to the centerline of the Santa Ana River as desc ;ribed in Case No. 22737 of the SuaeiiorCour'.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 78000122" East, 515.70 feet and South 66042'20" East. 643.27 feet to the northerly prolongation of the line dividing Lots 6 and 7 in Block 11 of Tract No. 772 as shown on a map recorded in Book 23, Pages 5 and 6 of said Miscellaneous 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 curve in the centerline of Canal Street as said street is shown on said map of Tract No. 772, said curve being concave northerly and having a radius of 685.00 feet; thence easterly along said curve.and centerline 10.63 feet through a central angle of 0 053121" to the centerline of Fern Street as said streetAs shown on said map of Tract No. 772; thence along said centerline of Fern Street South 35 °51100" West, 26.4.5 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 lane of Lot 10 and the southeasterly prolongation thereof South 54 °09100" East, 104.94 feet to the centerline of the 10 foot alley in said Block 8; thence along said centerline of the 10 foot alley South 35 °51'00" West, 90.00 feet to the southwesterly line of said Tract No. 772 and a point in the centerline of the 10 foot alley in Block 8 of said Seashore Colony Tract; thence along said = enterline of the 10 foot alley in Block 8 South 35 °47111" West, 120.00 feet to the northwesterly prolongation of the nort`:easterly line of Lot 4 in Block 8 of said Sea- shore Colony Tract: thence along said northwesterly prolongation, said northeasterly line and the southeasterly prolongation thereof EXHIBIT "B" Page 1 r 83- 344039 • .. _.._.. r South 54 009'00" East, 114.93 feet to the centerline of Orange Street as said centerline is shown on said map of the Seashore Colony Tract; thence along said centerline and the southwesterly prolongation thereof South 35 °47'30° Nest, 137.17 feet to the northeasterly right -of -way line of the Pacific Electric Railway, being the northeasterly line of Tract No. 4400 as shown on a map recorded in Book 162, Pages 20 through 26 of said Miscellaneous Maps; thence along said northeasterly right -of -way line South 54'02130" East, 118.57 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 BEGINNTING. J, CONTAINING 21.383 Acres. more or less .k: EXHIBIT "B" - Page 2 ,i 83- 344039 Liv pi8 •I't IM 1 1 � j l V •8 ' �j� � a'j If: 8 6 e "yam '��' W� -' � 1 i *y � :•+ I , �_ � ii W�m`e e•� s� {. i•.�� 31' � ��r,i� QO y W y� i -W oa W =oT EXHIBIT _ t 83- 344039 THE SMITH FAMILY TRUST ESTABLISHED 1980 DANA H. SMITH and SANDI W. SMITH TRUSTEE 83- 344039 RECITALS .. • This Declaration of Trust is entered into by and between DANA H. SMITH and SANDI W. SMITH, husband and wife, who are hereinafter referred to as the "Trustors" and DANA H. SMITH and SANDI W. SMITH, hereinafter collectively referred to as the "Trustee," in order to establish a trust for the purposes and under the terms and conditions hereinafter set forth. The Trustors have conveyed, transferred, assigned, and /or delivered to the Trustee, without consideration, all of their right, title, and interest in and to the property described on Schedule "I" attached hereto and made a part hereof, which property the Trustors acknowledge and declare to be their community property. Such property and the proceeds therefrom shall remain the community property of the Trustors subject however to the provisions of this trust. DANA H. SMITH has conveyed, transferred, assigned, and /or delivered to the Trustee, without consideration, the property described on Schedule "II" attached hereto and made a part hereof, which is his separate property. SANDI W. SMITH has conveyed, transferred, assigned, and /or delivered to the Trustee, without consideration, the property described on Schedule "III" attached hereto and made a part hereof, which is her separate property. All property initially and hereafter transferred to or received by the Trustee to be held under the terms of this trust is designated as the "Trust Estate." i 83- 344039 k ARTICLE I RIGHTS RESERVED BY TRUSTORS The Trustors specifically reserve the following rights and privileges: A. Right to Add Property to Trust The Trustors jointly, or either of them, or any other person, may from time to time, with the consent of the Trustee, add policies of insurance or other property, real, personal, or mixed, to the Trust Estate, or any part thereof, by deed, assignment, bequest or devise, and /or cause the Trustee to be named as beneficiary of certain policies of insurance or any profit- sharing, pension, com- pensation or other fund, and if so added, such property shall thereupon be subject in all respects to the terms and provisions hereof, in the same manner as if originally included hereunder. B. Right to Amend or Revoke Trust While both Trustors are alive, the community property included in the Trust Estate may be withdrawn in whole or in part by an instrument in writing signed by either of the Trustors and delivered to the Trustee. Any separate property included in the Trust Estate may similarly be withdrawn by the Trustor who contributed it to the trust. In the event of any such revocation, property which consti- tutes or is traceable to community property of the Trustors shall revert to both Trustors as their community property, and separate property so withdrawn shall revert to the Trustor who contributed it and shall constitute his separate property as if this trust had not been created. Also during this period, the Trustors, acting together, shall have the full and unrestricted power to alter or amend this Agreement. Alteration or amendment of any term of this Agreement shall be by an instrument in writing signed by both of the Trustors. If any alteration S � ( 83- 344039. IN WITNESS WHEREOF, the Trustors and the Trustee have executed this Trust Agreement on the c?g day of t- , 1980. Approved this'61-l.kclay of yv(, , 1980. FULOP, ROLSTON, BURNS & MCKITTRICK RICHARD S. ALBRECHT Attorneys for Trustors V -9 Sandi W. Smith mru.stor.. ` i f D Sandi W. Smith Trustee p�N0 R�puE WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH N,3 0 Newport Boulevard -"- & Qrt Beach, California 17598 BK 1 4020 PG 16 85 JK /MM 12/8/80 Pe cel G_ 103. 92663 M=tFD+NA OFFICIAL RECORDS of 0,T, 6E COU;ITY. CALIFORNIA RECcfilE� g� CITY CIE; ^{ L10 Clerk •il15AM APR15'R1 APR 23 1981 I EXEMPT CITY a� Sys 2 LEE A. MU. Cwtl ROCWB« NE;9PHi f. , ';MA�TL� 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 herebv acknowledged, DANA H. SMITH, a married man as his sole and separate property hereby GRANTS) 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, ercduce, dismantle (remove casing and other equip- ment rom), plug and abandon under and through the subsur- face :._ _pat certain real property hereinafter described in which Grantor has reserved the right to control subsurface pass- •`_:`.rough easements ( "Grantor's real property" herein) at a death not less than Four Hundred (400) feet measured ver- tiea_l1 below the surface thereof, a well or wells for the p ;cs_ of exploring for and /or producing oil, gas and /or other ".td rocarbon substances; the easement and right of way grant herein shall lie under that certain parcel of real prep== =,y situated in the City of Newport Beach, County of or>__:ga: State of California, and more particularly described in Exhibit "A" to this Deed and such description by this re- ferenc_ is made a part hereof as though set forth at length. SUBSUP:FACE PASS - THROUGH EASEMENT (G) , Page 4 0 BK 14 0 20 P6 1686 The rights granted' herein to Grantee are for the pur- pose of drilling for,- producing, extracting, taking, and removirr, oil, gas and other hydrocarbon substances by means of slar._ 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 water'; 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 bf three and two hundr seventy -five thousandths percent (3.2753) of the marker value of all oil, gas and other hydrocarbon substances produced, saved and sold by means of any and all oil wells drilled and /or operated by Grantee during the term hereof under and through any part or parts of the lands described in Exhibit "B" hereto and bottomed beyond the outer boundaries described in Exhibit "B," as the square footage of Grantor's real prop- erty, as described in Exhibit "A ", bears to the total square footage of the lands lying within the outer boundaries of Exhibit "B," excluding public streets and highways owned in fee si:r.ple by the City of Newport Beach and also any lands ovine_ ... fee simple by the City of Newport Beach, and fur- ther = riCluding streets and lends lying within the former Pacific Electric Railway Cox any right of way; provided, howe•rer, that Grantor shall not be entitled to any compen- satiz.: eased upon oil lost through evaporation, leakage, or othe n,rise, or upon gas used, consumed or lost in extraction of J asoline, or upon any oil or gas used in connection with anvaell drilled or operated hereunder, or upon any gas whi ^_^ is used for repressuring any oil bearing formation in an atempt to further production from any such well or we:lst nor shall Grantee be obligated hereunder to save any gas, =::cept as there is a reasonable market and value for the _a-e. 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] BK 1 4020 P6 1 687 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 s`iare of the cost of treating and transporting for treatment any unmerchantable oil upon the basis of whic: 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 paym,.ts 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 interest; covered by this Subsurface Pass- Through Easement and as ignment or transfer by operati-on of law, or otherwise, ;.n whole or in cart 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 shal_ = erminate, and Grantee shall be entitled to recover the a runts of compensation previously paid to Grantor. Fart'_ --_r -:ore, if it should be determined that Grantor owns less t.-:an all of the rights to provide Grantee the easement right and right of way conveyed herein, Grantee shall be ent_t =ec to accept such rights as are granted herein by Gray -_c=, and prorate the compensation accruing to Grantor acc.r=ir_gly. This Subsurface Pass- Through Easement shall be and be- come effective 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 do::ai. against Grantee relating to the herein - described lance: ±:,eluding without limitation any claims for fees, costs. 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- SUBSURFACE PASS- THROUGH EASEMENT (G), Page 3 L BK 14020 P6 1 688 ant to California Code of Civil Procedure Sections 1036, 1263.410, 1263.420, 1268.610, 1268.620 and 1268.710. Gran- tor also agrees and consents to the dismissal of any emi- nent domain action in the Superior Court wherein Grantor's real property is included. Grantor further understands the purpose for which this Grant is being made and Grantor, for itself, its successors and assigns, hereby waives any claim for and all damage to such Grantor's property or remaining property contiguous to the Grantor's real property interests hereby conveyed for the purposes described herein. This Subsurface Pass- Through Easement and each and all of its provisions shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, this Subsurface Pass- Through Ease- ment has been executed this r% day of 198i Sandi W. Smith ADDRESS OF GR.MNTOR TO WHIC rC'MPENSATION PAYMENTS ARE TO BE SENT: -T err 1 SUBSURFACE PASS- THROUGH EASEMENT (G), Page 4 Grantor Parcel No. G -107 LEGAL DESCRIPTION • BK 14020 Pu 1680 Lot 9, Block 8 of Seashore Colony Tract, as per map recorded in Book '7, page 25, of -Miscellaneous Maps, records of Orange County, California. EXHIBIT "A" BK 1 4020 P6 1690 DESCRIPTIO14 c.-bow oil Production Condemnation All those certain lands situated in the City of Hewport Beach, County of Orange, State of California, more particular described as follows: PARCEL "G ": Beginning a: the intersection of the centerline of Ocean Front (formerly Ocean Avenue) as said street is shown on a :Zap of the Seashore Colony Tract recorded in Book 7, Page 25 of Miscellaneous Maps in the Office of the County Recorder of said County with the northwesterly boundary line of the City of Newport Beach, said northwesterly boundar- 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 beginninng being a point i:: the boundary line of the land described in the parcel ent`tled "EYHiBIT , 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 35. 57130" East 472.31 feet to the centerline of the Santa Ana River as described in Case No. 22 7 of the SuperorCourtof the State of California in and for the County of U.nge and as shown on a map filed in Book 65, Pages 31 through 36 of Records of Surveys in the Office of the County Recorder of said County; thence along said centerline South 78 °00122" East, 515.70 feet and South 66°42'20" East. 643.27 feet to the northerly prolongation of the line dividing Lots 6 and 7 in Block 11 of Tract No. 772 as shown on a map recorded in Book 23, Pages 5 and 6 of said Miscellaneous Mans: thence along said northerly prolongation, said dividing line and the southerly prolongation thereof South 7 °44'51" West 148.87 feet to a point on a curve in the centerline of Canal Street as said street is shown on said map of Tract No. 7,742, said curve being concave no and having a radius of G85.00 feet; thence easteriy along said curve and centerline 10.63 feet through a cent:-,! angle of 0 °53'21" to the centerline of Fern Street as said street :is shown on said man of Tract No. 772; thence along said centerline of Fern Street South 35 °51'00" West 26.45 feet to the north- westerly prolongation of the northeasterly line of Lot 10 in Block 8 of said Tract `lo. '772; thence along said nor- thwesterly prolongation, said northeasterl- line of Lot 10 and the southeasterly prolongation thereof Tract: thence along said = enterline of the 10 foot South 54 °0C;' :;" East, 10 ". 94 feet to the centerline of the 10 foot alley in said $'oc: 3: thence along said centerline of the 10 foot alley South 350 51'0:j %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 Seasho_c Colony Tract: thence along said = enterline of the 10 foot alley, in' 3_.:c: 8 South 35 °47'11" West, 120.00 feet to the northwesterly prolongation Of :he northeasterly line of Lot 4 in Bloc'.t 8 of said Sea- shore Coi_:-•r Tract: thence along said northwesterly prolongation. said northeaste. ' tine and the southeasterly prolongation thereof EXHSBIT "B" - Page 1 • BK 14020 Ps 169 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 °47'30" West, 137.17 feet to the northeasterly right -of -way line of the Pacific Electric Railway, being the nor.'.-,easterly line of Trac" No. 4400 as shown on a man recorded in Book 162, Pages 20 through 26 of said Miscellaneous Mans; thence along said northeasterly right -of -way line South 54 °02130" East, 113.67 feet to. the northeast: -rly 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 Seas :ore Colony Tract; thence along said centerline North 55 °51'30" Viest, 1520.63 feet to the POINT OF BEGINNING. l - i CONT-kINING 21.383 Acres, more or less EXHIBIT "B" - Page 2 BED 14020 P6 1 602 s•�'Yr Ll .8°�8 . � Via•° \" �7 ? % �4'1 � , i d s �` ��'� "� fir' ' •I .. a Z' 8 z t Y O U uO ^ J1;� ILI +l r IIr V\ V L u co y a " aiy n'an ls.ts.m < % IL O_- oY y. o:F3 i Yi F"ni EXHIBIT "C" BK 1 4920 P6 1 693 STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On March 10, , 19 81, before me, the under - erg[/ signed, a Notary Public in and to.- said State personally ap- /V�/jf /� peared Dana H. Smith _, known to rae to be the person(s) whose r._me(s) are subscribed to the within instrument, and acknowledged that they exe- cuted t;;e same. IN WITNESS WHEREOF, I, have hereunto set my hand this JQ#day of 10. OFFICIAL SEAL _ otary P 1 c in dnd f sa LANNA HUGH _ my and State JJ IOTA Y PjUIC ELI OrcFlIA f cArl . FRiNCIPAL OFFICE IN _ ORANGE COUNTY j] (v1y Commission Expires Dec. 13, 1961 1�IIIIIIIIIIIIIIIIIIIIIiII111�II1�I411�1i 1111111, II�IIIIII��I��IIIIIIIi�lull�llilll�llllllllllllllll�lll�lillllllllt. 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 undersigne :. officer or agent or 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. WITNESS 1$EREOF, I have hereunto set my hand this CLAI SUBSURFACE PASS - THROUGH EASEMENT (G), Page 5 p c1-- W03 WHEN RECORDED MAIL T0: 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 84- 518104 JK /MM 12/8/80 Parcel G -108 "' !RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY. CAD.- OP;:4!A DEC 14'84 C� r V DOCUMENTARY TRANSFER TAX Computed on the con- sideration or value of property conveyed. Computed on the con- sideration or value less / liens or encumbrances re- maining at time of sale. Signature of Declarant or Agent determining tax - Firm Name SUBSURFACE PASS - THROUGH EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, JAMES L. JOHNSON AND LINDA S. L. JOHNSON, 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, r_edrill, 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 1j - 513104 �> 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 (6.275%) 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 past or parts of the lands described in Exhibit "B" hereto and bottomed beyond the outer boundaries described in Exhibit "B," as the square footage of Grantor's real prop- erty, as described in Exhibit "A ", bears to the total square footage of the lands lying within the outer boundaries of Exhibit "B," excluding public streets and highways owned in fee simple by the City of Newport Beach and also any lands owned in fee simple by the City of Newport Beach, and fur - ther excluding streets and lands lying within the former Pacific Electric Railway Company right of way; provided, however, that Grantor shall not be entitled to any compen- sation based upon oil lost through evaporation, leakage, or otherwise, or upon gas used, consumed or lost in extraction.; of gasoline, or upon any oil or gas used in connection with any well drilled or operated hereunder, or upon any gas which is used for repressuring any oil bearing formation in an attempt to further production from any such well or wells; nor shall Grantee be obligated hereunder to save any gas, except as there is a reasonable market and value for the same. Grantee shall be entitled to deduct from the compen- sation hereunder the Grantor's proportionate share of any SUBSURFACE PASS - THROUGH EASEMENT (G), Page 2 r� I 84- 5In104 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 r \III- 54- 518184 �s) ant to California Code of Civil Procedure Sections 1036, 1263.410, 1263.420, 1268.610, 1268.620 and 1268.710. Gran- tor also agrees and consents to the dismissal of any emi- nent domain action in the Superior Court wherein Grantor's real property is included. Grantor further understands the purpose for which this Grant is being made and Grantor, for itself, its successors and assigns, hereby waives any claim for and all damage to such Grantor's property or remaining property contiguous to the Grantor's real property interests hereby conveyed for the purposes described herein. This Subsurface Pass- Through Easement and each and all of its provisions shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, this Subsurface Pass - Through Ease- ment has been executed this )a day of ,)eCe,wt, o_,L , 198?. ADDRESS OF JAMES L. JOHNSON to which payments are to be sent: urancors (Individual) 84- 515.1x4 GLENEWLE FEDER4L STATE OF CALIFORNIA t ss. SAVINGS AND LOAN ASSOCIATION COUNTY OF Los Angeles f On NOVEMBER 5th, 1984 before me, the undersigned, a Notary Public in and for said State, personally appeared JAMES L JOHNSON personally known to me or proved to me on the basis of satisfactory evidence to be the person— whose name is subscribed to this instrument and acknowledged that —he— executed it. OpplC1AL SEAL fWITNESS my hand and official seal.. Signature GFS FOAM 1251 (L g 42) PUDP, UBLIC, CALIFORNIA F'll..�IPA LE5 COUIJTY LOS ANV t3. 1993 MY Cornmlxnlon Ex ?i rc Jm — (This Mme fo, offichl nomosl wl) SUBSURFACE PASS — THROUGH EASEMENT (G), Page 4 Parcel No. G -108 LEGAL DESCRIPTION Lot 10 on Block 8 of Seashore Colony Tract, in the City of Newport Beach, county of orange, state of California, as per map recorded in book 7, page 25 of Miscellaneous Maps, in the office of the county recorder of said county. EXHIBIT "A" t � I` 811 -5M04 .) DESCRIPTION Oxboor Oil Production Condemnation All those certain lands situated in the City of rleigoort Beach, County of Orange, State of California, more particular described as follows: PARCEL "G ": Beginning at the intersection of the centerline of Ocean Front (formerly Ocean Avenue) as said street is shown on a map of the Seashore Colony Tract recorded in Book 7, Page 25 of Miscellaneous Maps in the Office of the County Recorder of said County with the northwesterly boundary line of the City of Newport Beach. said northwesterly boundary line being the southeasterly line of Surnrnit Street, 30.00 feet in width, as shown on said reap of the Seashore Colony Tract, said point of beginning being a point in the'coucda,y line of the land described in the parcel entitled "EXN;BIT A. TO SUBSURFACE EASEMENT" recorded in Book 2824, Page 3 91 of Official Records of said County; thence along said last mentioned boundary line through the follo%aing courses: along said north-,vesterly 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 Supei- oz.Cour-of the State of California in and for the County of Orange and as shown on a nap 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 73 °00122" East, 515.70 feet and Scu,!: 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 7 044'51" 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 cur-,re being concave northerly and having a radius of 685.00 fee'; thence easterly along said curve and centerline 10. 63 feet through a central angle of 0°53'21" to the centerline of Fern Street as said street.is sho;vn on said -nap of Tract No. 772; thence along said centerline of Fern Street South 35'51'00" Nest, 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 c- enterline 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 cen'ter'line of the 10 foot alley in Bloc"- 8 of said Seashore Colony Tract; thence along said ^_enterline of the 10 foot alley in Block 8 South 35'47'11" West, 1'20.00 feet to the north%%,esterly prolenorticn of the nort` easterly line of Lot 4 in Block 8 of said Sea- shore Colony Tract: thence-along said northwesterly prolongation, said northeasterly line and the southeasterly prolongation thereof EXHIBIT. "B" - Page 1 South 54 009'00" East, 114,93 feet to the centerline of Orange Street as said centerline is shown on said map of the Seashore Colony Tract: thence along said centerline and the southwesterly prolongation thereof South 35 °47'30" West, 137.17 feet to the northeasterly right -of -way line of the Pacific Electric Railway, being the northeasterly line of Tract No. 4 400 as shown on a map recorded in Book 162, Pages 20 through 26 of said 'Miscellaneous Mans; thence along said northeasterly right -of -way line South 54 °02'30" East, 118.67 feet to. the northeasterly prolongation of the line dividing Lots 7 and 8 in Block G of said Seashore Colony Tract; thence -along said northeasterly prolongation, said dividing line and the . southwesterly prolongation thereof South 35 057!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" West, 152 -0.68 feet to the POINT OF B'EGIN'NING. I. I C:O 'T_.LlLtiG 21.383 F.cres, more or less EXHIBIT "B" - Page 2'' :J 34-518104 4l EXHIBIT "C" rc Wo IM Z' Op xkw CD c1c LLLL i Wog 7:7- f DI ni A 71. OEMIF' is rc Wo IM Z' Op xkw CD c1c LLLL i Wog 7:7- f DI ni A 71. OEMIF' rc Wo IM Z' Op xkw CD c1c LLLL i Wog git -51s: 04 STATE OF C ALIFORN1,A COUNTY OF //� �!r?il.�Y -G-( -+ .� } SS' On L ��Cf -ci. E 2 �/ ?` -, c �ef me, the said State, personally appeared _-1� .r -� � , personaliv known to me or proved . to me on the basis of satisfactory evidence to be the person_ whose name AI � subscrib d to the within instrument and acknowledged tha(� -.��? exe cured the same. WITNESS my hand and official seal. Signature jv. i, a Notary Public in and for t, CG...t. E F "' UIIItRI h,TA e PU ! i)IYGRNIA C TY Al ta'UA (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 May T3. 1"61 , 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 I(;1!Ll- 19. L ROBERT L. 1,TYNN CITY MANAGER CITY OF NEWPORT BEACH SUBSURFACE PASS- THROUGH EASEJIENT (G), Page 5 ' 83- 311391 n Ci-k EXEMPT C5 WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard / Newport Beach, California 92663 *..., MAIL TAX STATEMENTS TO: S 0 RIMMED of Off[CIAE ffaR.OS Uf ORANGE CO"TT. UALOMi8tA -1140 A l9 JUL 2 0 '83 LEE A. BRANCH. COU;Ijy ReC01def JK /MM 12/8/80 Parcel G -110 i C1... HE1,1p. : AUG' 61983 Cl;. TRANSFER TAX CITY OF NEWPORT BEACH 3300 Newport Boulevard .Computed on the con - Newport Beach, California 92663 sideration or value of property conveyed. . . .Computed on the con- sideration or value less liens or encumbrances re- maining at time of sale. Signature of Declarant or Agent determining tax - - Firm Name SUBSURFACE PASS- THROUGH EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, KENNETH A. BRYANT and MARY S. BRYANT, 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 Sk��. .. • 03-1 X391 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 W', bears to the total square footage of the lands lying within the outer boundaries of Exhibit "B," excluding public streets and highways owned in fee simple by. the City of Newport Beach and also any lands owned in fee simple by the City of Newport Beach, and fur- ther excluding streets and lands lying within the former Pacific Electric Railway Company right of way; provided, however, that Grantor shall not be entitled to any compen- sation based upon oil lost through evaporation, leakage, or otherwise, or upon gas used, consumed or lost in extraction of gasoline, or upon any oil or gas used in connection with any well drilled or operated hereunder; or upon any gas which is used for repressuring any oil bearing formation in an attempt to further production from any such well or wells; nor shall Grantee be obligated hereunder to save any gas, except as there is a reasonable market and value for the same. Grantee shall be entitled to deduct from the compen- sation hereunder the Grantor's proportionate share of any SUBSURFACE PASS- THROUGH EASEMENT (G), Page 2 83- 3111 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 unmerehantable 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 *311391 ant to California Code of Civil Procedure Sections 1036, 1.263.410, 1.263.420, 1268.610, 1268.620 and 1268.710. Gran- tor also agrees and consents 'to the dismissal of any emi- nent domain action in the Superior Court wherein Grantor's real property is included. Grantor further understands the purpose for which this Grant is being made and Grantor, for itself, its successors and assigns, hereby waives any claim for and all damage to such G'rantor'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 ;,)4 day of I �La%j _ 198/. enneth A. Bryant Mary S. y a n t Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: SUBSURFACE PASS - THROUGH EASEMENT (G), Page 4 > 8 #3113 91 Parcel No. G -110 LEGAL DESCRIPTION Lot 12 in Block 8 of Seashore Colony Tract, in the city of Newport Beach, county of Orange, state of California, as per map recorded in book 7, page 25 of Miscellaneous Maps, records of Orange County. EXHIBIT "A" 6, -?1 *91 DESCRIPTION Oxbow Oil Production Cor.dernnation All those certain lards 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 shoran on a map of the Seashore Colony Tract recorded in Book 7, Page 25 of Miscellaneous Maps in the Office of the County Recorder of said County with the northwesterly boundary line of the City of Ne:vport Beach, said north.esterly 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 lire through the following courses: along said northwesterly boundary line of the City of Newport Beach North 35057'30" East 472.31 feet to the certerine 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 map filed in Book 65, Pages 31 through 36 of Records of Sui -,7eys in the Office of .the County Recorder of said County; thence along said centerline South 78 000'22" East, 515.70 feet and Sou:h 66 042120" East, 643.27 feet to the northerly prolongation of the line dividing Lots 6 and 7 in Block 11 of Tract No. 772 as shown on a map recorded in Book 23, Pages 5 and 6 of said Miscellaneous Maps- thence along said northerly prolongation, said dividing line and the southerly prolongation thereof South 7044151" West 148.87 feet to a point on a curve in the centerline of Canal Street as said street is shown on said map of Tract No. 772, said curve being concave northerly and having a radius of G85.00 feet; thence easterly along said curve and centerline 10.63 feet through a central angle of 00 53121" to the centerline of Fern Street as said street.is shoran on said map of Tract No. 772; thence along said centerline of Fern Street South 35 °51100" West, 26.45 feet to the north - westerly prolongation of the northeasterly line of Lot 10 in Block 8 of said Tract No. 772; thence along said northwesterly prolongation, said not".:easterly line of Lot 10 and the southeasterly prolongation thereof South 54 °09100" East, 104..94 feet to the centerline of the 10 foot alley in said Block 8; thence along said centerline of the 10 foot alley South 35051'00" 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 Blocl: 8 of said Seashore Colony Tract- thence along said = enterline of the 10 foot alley is Block 8 South 35 °47'11" West, 120.00 feet to the northwesterly prolongation of the northeasterly line of Lot 4 in Block 8 of said Sea- shore Colony Tract: thence along said northwesterly prolongation, said northeas:erly line and the southeasterly prolongation thereof EXHIBIT "B" - Page 1 83 -311 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 Pacif:c 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 Itliscellaneous Maps; thence along said northeasterly right -of -way line South 54'02'30" East, 113.67 feet to. the northeasterly prolongation of the line dividing Lots 7 and 8 in Block G"of said Seashore Colony Tract; thence along said northeasterly prolongation, said dividing line and the . southwesterly prolongation thereof South 35' 57'30" West, 276.10 feet to said centerline of Ocean Front as said street is shown on said map of the Seashore Colony Tract; thence along said centerline North 55'51'30" West. 1520.63 feet to the POINT OF BEGINNING. I. i CONT =NG 21.333 Acres, more or less k: EXHIBIT "B" - Page 2 83-311399 „9 °•D sf Ir " 4 I La `J. • 1= • � 4xl � C 0 y S C y�3 .• / L.J � I� � I a a I =' xi Fn OV 2y �z LLJ y ww °Y.In9iY ma � \'•$� •gib. -� � e w3�y 'vi I ", ;.I�U.L___ \ �bs; W m cc if wWO Is °` ry d��A2 EXHIBIT "C" STATE OF CALIFORNIA COUNTY OF ORANGE ss. 1 83 -411311 On o C --- L'�� 2-( , 19 e4 before me, the under- signed, a Notary Public in and for said State personally ap- peared Kenneth A. Bryant and Mary S. Bryant 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 ('�:) c_-6L"_, 19,2(.. r OFFICIAL SEAL ROBERT F WALDRON o NOTARY PUBLIC -CALIFORNIA. ORANGE COUNTY I.9y comm. expires APR 12. 1935 550 Golden Circle Oflve, Santa Ana, CA 92705 Notary Public in and for said l County and State CERTIFICATE OF ACCEPTANCE Government Code Sec. 27281 This is to certify that the interest in real property conveyed by the Deed as set forth above to the CITY OF NEWPORT BEACH is hereby accepted by the undersigned officer or agent on behalf of the City Council of such City pursuant to authority conferred by an adopted resolution by the City Council dated , and the Grantee consents to recordation thereo by its duly authorized officer or agent. IN WITNE03 WHEREOF, I have hereunto set my hand this day of .) C,° ((/ 190. SUBSURFACE PASS - THROUGH EASEMENT (G), Page 5 _ z 2078 sK 14168P6 416 Parzel G- 111 �iHE ^.1 ?aCO RDED %!A.IL TO: CIT'; CF NEWPORT BEAC 3300 Newoo rt Boulzvarc Newrort Beach, California 92603 , City Clerk Deed Et +AIL TAX ST:aTEMENTS TO: CITY OF NEWPORT BEACH 3300 Newoert Boulevard Newport Beach, California 926_63 Of ORANGE COUNTY,aCALFORryIA E �� �:�Pr CIO •ll 45 AM AVG 4 'g LEE A. BRANCH, County Recorder L=;MENTF,R`! TR `iSFER 1A.k S (� . . .Computed or, the con- s ide -at io or value of 1 orooerty conveved. . . .CcmcutaC on the con - siGerat -ion or value less liens Or encumc rances. re- maininc at tiS.e of sale. Sicnature of Declarant or Agent determining tax - irm Nam"', SUBSURFACE PASS- THROUGF EASEMENT FOR VALUABLE CONSIDERATION, _,.celpt of which is hereb,i acknowledged, PIILLIP 'i C. HUETA and ELLEN S. HUHTA, husband - -d ,i. =a as joint tenants heraby - R;:NT;S) and coneys to .ne CITY OF ;I6_' ;7?03T .,EACH, a municical corporation, and itS successors and asst is, c perpetual easement and right of way to drill, test, com- plete, ecllu p, maintain, repair', dear., redrill, deepen, operate, produce, dismantle (reno'ie casing and of : -er equip- ment from), plug and abandon under and 'through the subsur- `ace of *_hat certain real property hereina`_ter describ_., in which Grantor ; as reserved the rig;:t to control subsurface pass-through easements ( "Grantor's real rooe -t':" herein) at a depth not less t: ^.an _ °Our nllndi_.. e l (100) feet measured ver- ticaiC! below t_ne Sur =:ace t'nereo� =�, a well or w-el!s for -the purpose of expl.Ori:ng for and/or producing oil, Gas and /Or other 'nydrocarbcn Substances; the easement and rig;;n.t o: way c ante L' .._rein shall lie under that certai. ^. parcel of real procert s "uated in the City 0. Ne'npoi ?each, County Of Orange, State of California, and more oarticularly des Cried in Exhibit "r`." to this Deed a.,., such description by this f.._...._.. is r.,ac_ a par_ nereof as though se= fort„ at length. 1 6 • BK 14 1 CC PB 4 1 The rights anted '-.er_in to Grantee are or t ^.e pur- pose of c. Ming for, producing, extracting, *taking, and removing 01.1, gas and other hydrocarbon substances by mears of slant :holes or wells driller: through and beneath the lands described in Exhibit "B," which by this raferen'ce is made a gar nexeof as :- rough. set forth at length, into tide waters benee.t'. the Pacific Ocean and Connecting waters; pro - vided, however., that the 'crov :sions Of t ^is instrument sha'_1 not entitle. the Grantee, . in. any of its operations hereu.n.der, to use any Dart of the Grantors real orooerty 'between the surface of the .lands des Cri'Ged in Ex-ibi t "A" attache^d here- to and the dept..', . above - specified, or to bottom any well within the coun.daries of the Grantor's real property;. .- plat showinC the area affected by such easement is attached hereto as Exhibit "C." This ant is ;Bade on the Co.n.^.'_tlon that Crantee, in its drilling ant production operations, shall use and _..- stall material's of good qual'_tV and condition, and ci_ iiellS. shall be drilled ana maintained by Grantee in ` he best work - manlike manner and in accordance wit.^. good Ci1 -i°_ld prac- tice, and all water sands encountered therein shall be, ef- f2CtiVelY and 1.n. a OrCoer ;Renner, plugaed off; all - r111iRc and Other OoeratiOhs of Grantee hereunder shall at all times. be Conducted in a good and workmanlike manner and so as �:., prevent and avoid danger of any in ury or damage therefrom to the _ roperty of Grantor; and Grantee. shall ta.<e _ -1 re. - sonabiv n.eCessar`_% V_.recaU'1ons to prevent the discharge Or es Cape of mud, oil, debris or other matter onto the beat:^ or adjoining _roCerty Or into c'ne 'waters of the Pa Ciflc Ocean.. Grantor f'1ri.ner makes t,is grant on condition t< ^.at Grantee, as comacensat_on for the easement and ricnt of 'way granted hereunder, shall pay to Grantor a sum =_dual to such proportionate share Of three and two hundred se vents✓ -five thousandths percent (3.275 %) of the market value of ali oil, gas and other ivdrocarbcn substances produced, sa Ved and sold by :Beans of any and all oil wells drilled and /or operated OV Grantee during the term hereof under and through any part or parts of the hands described in Exhibit "9" hereto and bottomed te`io'rd the Outer COundarley escri',q in Exhibit "B," as the square footage of Grantor's rear prop- erty, as described in Exhibit "n ", bears to the total square footage of the lands lying within the Outer boundaries of Exhibit "B," excluding public street's and highways owned in fee simple by to City or Newport Beach and also any lands owned in fee simple by the Cito of Newport Beach, and ther eXClu6ing streets and lands wing 'with- :n the _former paciTic Electric Railwav Company right oS way; prOVided, however, that Grantor shall not be ent:ltled to a -v cOmDen- sation bases _; pcn oil lost through evac'ora *_ion, leakage, or otherwise, Or UDon ?as used, ccnsu..med or lost in, e :ftra c iC of gasoline, or uoon anv Oil or Cas used _,. Connection wit::,. anv well drilled or Operated hereunder, or Upon anv azs whit is used for repressurinc anv oil ' '-eari ^.g formation in an attempt to further production Zrom anv such well or wells; nor shall Grantee 'e Obligated :hereunder to save anv gas, except as t: ^.ere is a reasonable market and val-je for the s =me. Grantee s'.a11 Ce entitled to deduct from .. ^.e cG:'.`._Cen- saticn hereunder the Grantor's o= Cor`_ion.a`_ share of .anv y BK 14 1 6 S Pc 4 1 7 ` mineral rights, severance, production or other similar tax which may oe le- iad aga ins. t. c in c^- nn °_c'.. 1o. production upon the 'oasis of whic: such compensation is to be so -aid, or the wells yielding such oroduction, or the lands from which the Same is produced, and _.._ Grantor's grco_ortionate share of the cost of treating and transsorting for treatment any unmerchantaole oil upon the basis of which compensation is paid hereunder. For the our -ose o: this Subsurface cass-Through Easement,. "the cost of treating and transporting for treatment any 'nmerchan.ta✓le oil" mentioned in the precedinC sentence Shall be deemed to be the actual cost thereof, but not to exceed ten cents (50.10) per 'warred of net oil. Grantee shall make all - aymenits hereunder to Grantcr by check pavable to Grantor mailed to the address Fet forth below not later than. t: ^.e twentv-fifti (2451 -) `Jay of Ju_ c and January with esoect to all compensation accrued durinc t':e six preceding calendar micnths; - r :OVided., however, that Grantee shall be entitled to ccnti. ^.ue to mail comoe.nsatiOn payments hereunder to that address se*_ fort: Blow until notified by Grantor ir. writing of any charge in the address to which such payments hereunder are to be sent; provided, further, that whenever any Such payment is less than Ten Dollars (510.09), Grantee may de``_. payment Of the same until the amounts accumulating thereto shall be at least ecual t.^.. _at amcun.t; 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 „ any car*_icular lot and parce_, or anv 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 t ^is Subsurface ?ass - Through Easement and assign.men.t or transfer by ooeration of law, or ctherwise, in whole or in part of the ccmpensation shall be binding upon Grantee until Grantee or its successors and assisns have been. fLr- nished with written evidence thereof satisfactory to Gran- tee. Grantor hereby agrees chat should it be determined that Grantor does not own the rights granted n °_rein, G- _.ntee's cblination to pay the consideration. _rov ±del for hereunder shall terminate, and Grantee shall be entitled to recover the amounts of com_ensation previously -aid to Grantor. Furtnermore, if it should be deter.T.ined that Grantor owns less than all of tile rights to provide Grantee t.'e easement right and right of way conveyed herein, Grantee shall be entitled to accept suc:, _ichts as are cranted herein by Grantor, and prorate the ccmoer.sation accruing to Grantor ac'prdi.n.gly. This Subsurface Pass - Through Easement shall be and 'ce- come effective from and u -_ the date that Grantor execites the same, or January 26, 10,81, whichever is later. Grantor `hereby acrees to make no claims i.^. eminent dcmain against Grantee relating to the herein- descriced land, inclu ding without limitation any claims for fees, costs, attorneys' fees, abandonment costs, interest, those cl,ai s wh ion may _rise out of Grantee 's immediate pos- session of Grantor's real -rccertv and any claims oursu- SUBSC2 :'ACv ?;,SS- THROUGH' EASEMENT (G), Page 3 • • BK 14 1 6 c PG 4 1 8 ant to California Code of Civil Procedure Sections 1036, 1263.410, 1263.420, 1268.610, 1268.620 and 1268.710. Grantor also agrees and consents to the dismissal of any eminent domain action in the Superior Court wherein the Grantor's real property is included. This Subsurface Pass - Through Easement and each and all of its provisions shall be binding upon and inure to the benefit of the heirs, executors, admini- strators. successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, this Subsurface Pass - Through Easement has been executed this 4th day of May , 1981. ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: Mr. and Mrs. William C. Huhta 16581 Channel Lane Huntington Beach, California 92649 SUBSURFACE PASS - THROUGH EASEMENT (G), PAGE 4 1 i L f4 William C. Huhn Ellen S. Huhta Grantor Z • Parcel Rio. G -111 LEGAL DESCRIPTION BK 1 4 1 6 6 Pe 4 1 9 Lot 13 o= Block 8 Seashore Colony Tract as per Map recorded in Book 7 ?age 23 Miscellaneous Maps ' -n _he office of the Coun�! Recorder of Orange Co'untLL:,Cal- =orni= EXCEPT THEREFROM any portion lying ..ithin the streets. EXHI3IT "A" 1 L • • BK 14 16 8 po 42D ��SC-. T t1lcse d Ci 0 cz":nz:v of cranoe, stat_e of ^..c °_•_ fol-Ic"Is P -k CC C E L Ir.11 (Doe a n as s :s on a —.a:) o-,-' Cc; cny 7az. rec__:-ded; :..-I E_,ck 7, Pa�­_ 2-4 of '.,T; sce7�-sreo! 0-- �'-e C::,_:-",- of Said Ccun:�--- --vi"m --e -33un=a.-. ..n G. " Nev,-� f 3e ma C � Cv om _ .. ;d _n scu:ne-st_ line o Su . m S0.00 fee- Iwi,_ as no%n sa,.-- mao O. ..-e Sers.'-o:-_= Colon-: — _ract, sa:� no:- 0 a :i Of t--� land tne rid e en i —0 zj::, p 7 C� 3i _1 r e C -_ rc --d in Eoc'- 2324, Pa.-e 321 o If C) sa:,; CCli: �,-er..ce 4,� ! =SS one sa r� a :-7 is 7� ro u 7 C-_Urses: a c) n sa: c n c. r -. n -.,; E: s e :, L', --o,_ n c: a as C, 0 -1 N e ort Ee_�c` Yio.rtm- 3=_� 5T:30:1 E a7l_.31. t'ne line 0� ­� �10 ? cen-.er::e 0� !he Qmnt� �,na River �s dsG:-:bed in Case No. 227-n-, Cz-ang? and as s-o-.,;n on _z 7n a ed l �_co!_: f of suri-- s j- e C: C e C sa:C COL. C-:; 4--ce along said cente:,';ne Sourn — t73-00'" _-st, i cnS! " 70 - oz L e e . _ and "as: 043.2 feer to he 22oro-n C IV T c Lc .s 6 and " :n 31-ck I! s- con - a c z N, o. 2 s 0 n a ao e -ec3.-C�ed in --col{ 2J�, Pal'-_s 5 an,4 6 a-' said alo - said no e:_!" 0:,Oicn�a :on. said line - nd 7 ... e s 0,.:, n e :-:-,7 prof-L--nga-.ion ih.27eo: SoLi-- 7- 441 S1" %Ve�- 148. 31 feet a 3c;,. 0_1 a CL:-J? M i ^.e or Canal St:-ee; as sa:d sti-eer is oj sa_� 0' c'. No. 772, sa'd cur-re be;-.� concave or 585.00 lee': Lhence eas�erl-.f aloe sa:o 1 0. 63 �eet a CQ2:72; all Le of to t'--- cen:-27ne c P e r n Street as sz.�_ SI :-Cet.is SI-own or said c: Tract 7�_7; int­ce sa;d ccnierl:ne 0: --ern Q' :-eet Sou:" -"eer ;a � �Q i. _�._ ­ - . I p.-D:on.,alion of 1':-e norr.h,_­st2ry 1::�e of Lot 10 in Block 3 or said Traci No. 772; "I-ence aloc,.,g said no 1--vesze:-1v Said lf.. ^.e o` Lot 10 and ',i'e so-,;`necsCezrl• 54,Cj'00" Eas" fee; 'o :.!.e or :.Ine 10 �oc, a'lev in Said 3: 0 ck 01: L f. e no e a Said r e C r 1: e o L� th, C 1 0 fo o '. a 11 C y So, 3 pc)011 �.t- i ... csc_ 90.00 :e--: zz �-e I:na said 7 r,c,. No. 772 aqd a CO'.... ;..,i o: u"ie !0 fooi ail e.v in Bloc': 3 cf SL­l;d Seas -`-CC CoIcn-/ T._c­ 11: —.2 n -oct U. 2n . 0 fj --he G: 7:�I? o-- Lot 4 :n —;o4c a� I X C; C: S2,-, _eL4- C-_Icn-,, T:�_c�: -L'-.encc alo:�;T said prolcn;37:� sa:, r. o z.- a s t_ 1 :..- a n d so t...._ as. Qrl, ro .01G:' C n 2 IECORDERV MEMO: LEGIBILITY OF WRITING. TYPING OR MATING UNSATISFACTORY IN rm 000t1mmT WHM REMVW. E', H- T 37_ "B - ps ge • • BK 14 16 8 po 421 Sot;:" 54'✓�S'00" E_,s:, 1 7 A . 0- '_ fe o cc n n e o f C 7 -�52 z - S,: .e2. a S said cente:-!:nc is s'c,.-ir,. ::7� Sa:,­! --a2 o: Seazho:-a Colony -1 -.act; "'—ze a ic:: said ccn ce rl: 7e a r. d e S (D I.; v. e S 1 y p ro 10 n t -1, c n of S S c u hm 737. -'e-t Lo il-ne of t�l_- acc = lec'r:c z e. ::. v "ne as a � ;, I � Gc,- `a:-:D.._.-,n C-: zaiC Maos: -icng sa:d S ,I o 2, z o 118. 5-1 �ep' 'o. 'he no"'­Ieas'e o -C lon�­_ n 7 n,� Q oi ire ; 7�-. T -m . - a I c..._ , ... - -CC:-. C cf s _m: d 'S S ":C:_, : a e Colo 7 :- a c t 'nence - a! c-, sa_ no rt'- �as - e rly p r2 longa-L:on, said a.id -I.he scu Z. ...�e S -e v lo,7- a -:O:l tr.e Sou-.'- '3' 2' .0 said Cc_-. ,. Fron- as is o- E a 7n a 0 Z�C-; _._ence aio s _>r:-.- '_'... �()ll J3 PC` T OF ==C`.77NG_ -NH7 3T I -_ - "B" - Pace 2 L • • 14 BK 14168po 422 EXHIBIT "C" a. col z xi Lul LL Z 1-.:: 0 STP,TE OF CALI=OP.tiI' ) ss. BK 1 41 6 3 PG On May 4, 1981 , before :,,e, the under - signed, a Notary Pu'Diic in ana for Said State ,personally ?z)- oeared Will iam C. Huht2, and Ellen S. Huht:a 7C3oAn to me to be tome- ^e rson(5) `hose name(s) are subscri ed. t0 -the within instrumuent, and acknowled Qed that --`rev 2:Se- ollteC the same. IN WITNESS riiiEREOF, I nave hereunto set my hanC this 4th day of May , 1981 . H; E. NICKERSON Notary Publk- CaR}amla PRIN. NIC OFFICE IN LIOta 7 �av� C A 3Rd for said LOS ANGELES COUNTY MY oilmen Explra April 12, IM Co u n , and Stag- CERTIFICATE OF ACCE .MC'E Government Code Sec. 27231 This is to Certly_v t' "at the interest in real z) rtv Conveved by the Deed as set forth above to the CITY OF NEWPORT BE AC ' -s hereby accepted Dted b`7 the undersigned OLf1Cer or agent on behalf of the City Council of such Ci -tv :-ursuant to authority conferred b_Y' an adooted resolution Ov the City Council dated et =„ t3 Igr2 , and the Grantee consents to recordation thereof by its duly authorized officer Or agent. �_ A Tv ;6?TN S,S WHEREOF, I have hereunto set my hand this _ d a:7 O '� /C�Nf , 19.6/. 5u3SUR7ACc . :S6- T::ROI G;: 7-AS-- )tE`iT (G , 2 aye 5 423 84- 067438 RECORDING ( . REQUESTED! RY WHEN RECORDED MAIL TO: EXEMPT CITY OF NEWPORT BEACH C8 3300 Newport Boulevard Newport Beach, California 9.2663 a Fxempt Under MAIL TAX STATEMENTS TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY. CALIFORNIA 011 HO AM FEB 16 '84 COUNTY RECOgD[R JK /MM 12/8/80 Parcel G- 113 Parcel ;ffl Par MAR 19 1980- WrIvEt WY 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 - - f„�, Firm Name �f �t SUBSURFACE PASS - THROUGH EASEMENT FOR VALUABLE CONSI'DERATI'ON, receipt of which is hereby acknowledged, ROBERT B. NEVIN (BY JOHN J. KROH, Trustee for ROBERT B. NEVIN) hereby GRANTS) and conveys to the CITY OF NE`APORT 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 84- 067438 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 C 84- 067438 C mineral rights, severance, production or other similar tax which may be levied against or in connection with the production upon the basis of which such compensation is to be so paid, or the wells yielding such production, or the lands from which the same is produced, and the Grantor's proportionate share of the cost of treating and transporting for treatment any unmerchantable oil upon the basis of which compensation is paid hereunder.. For the purpose of this Subsurface Pass- Through Easement, "the cost of treating and transporting for treatment any unmerchantable oil" mentioned in the preceding sentence shall be deemed to be the actual cost thereof, but not to exceed ten cents ($0.10) per barrel of net oil. Grantee shall make all payments hereunder to Grantor by check payable to Grantor mailed to the address set forth below not later than the twenty -fifth (25th) day of 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 pursa- SUBSURFACE PASS - THROUGH EASEMENT (G), Page 3 84- 067438 ant to California Code of Civil Procedure Sections 1036, 1263.410, 1263.420, 1268.610, 1268.620 and 1268.710. Gran- tor also agrees and'%consents to the dismissal of any emi- nent domain action in the Superior Court wherein Grantor's real property is included. Grantor further understands the purpose for which this Grant is being made and Grantor, for itself, its successors and assigns, hereby waives any claim for and all damage to such Grantor's property or remaining property contiguous to the Grantor's real property interests hereby conveyed for the purposes described herein. This Subsurface Pass- Through Easement and each and all of its provisions shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, this Subsurface ass - Through Ease - ment has been executed this day of �, ..lM 1983. Social Security Number _ Robert B. Nevin ERT B- NEVIN Grantor � li r� ✓: G/i?C /d Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: L.(! C o r4 P, SUBSURFACE PASS - THROUGH EASEMENT (G), Page 4 84- 067438 PARCEL NUMBERS G -113, G -114, G -115, G -116, and G -117 LEGAL DESCRIPTION Lots 3, 4, 5, excepting the Southeasterly 30 feet thereof, and Lots 6 and 7, in their entirety, of Block 9, Seashore Colony Tract, in the City of Newport Beach, as shown on a map thereof, recorded in Book 7, Page 25, Miscellaneous Maps, records of the County of Orange, State of California. EXHIBIT "A" 84- 067438 DESCRIPTION Oxbow Oil Production Condemnation All those certain lands situated in the City of Newport Beach, County of Orange. State of California, more particular described as follows: PARCEL "G" Beginning at the 'intersection of the centerline of Ocean Front (formerly Ocean .Avenue) as said street is shown on a man of the Seashore Colony Tract recorded in Book 7, Page 25 of Miscellaneous Maps in the Office of the County Recorder of said County with the northwesterly boundary line of the City of Newport Beach, said northwesterly boundary line being the southeasterly line of Summit Street, 30. 00 feet in width, as shown on said map of the Seashore Colony Tract, said point of beginning being a point in the boundary line of the land described in the parcel entitled "E: l 1BIT A TO SUBSURFACE EASEMENT" recorded in Book 2824, Page 391 of Cfficial Records of said County; thence along said last mentioned boundary line through the following courses: along said northwesterly boundary line of the City of Newport Beach North 35057130" East 472.31 feet to the centerline of the Santa Ana River as described in Case No. 22797 of the Supc:iorCourtof the State of California in and for the County of Orange and as sho•sn on a map filed in Bbok 65, Pages 31 through 36 of Records of Surveys in the Office., of the County Recorder of said County; thence along said centerline South 78 *00122" East, 515.70 feet and South 66 042'20" East, 643.27 feet to the northerly prolongation of the line dividing Lots 6 and 7 in Block 11 of Tract No. 772 as shown on a map recorded in Book 23, Pages 5 and 6 of said Miscellaneous Maps: thence along said northerly prolongation, said dividing line and the southerly prolongation thereof South 7 °44151" West 148. 87 feet to a point on a curve in the centerline of Canal Street as said street is shown on said map of Tract No. 772, said curve being concave northerly and having a radius of 685,00 feet; thence easterly along said cure and centerline 10.63 feet through a central angle of 0° 53'21" to the centerline of Fern Street as said streetAs 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, 10 -1.94 feet to the centerline of the 10 foot alley in said Block 8; thence along said centerline of the 10 foot alley South 35 °51'00" West, 90.00 feet to the southwesterly line of said Tract No. 772 and a point in the centerline of the 10 foot alley in Block 8 of said Seashore Colony Tract; thence along said = enterline of the 10 foot alley in Block 8 South 35 °47'11" Nest, 120.00 feet to the northn•esterly prolongation of the northeasterly line of Lot 4 in Block 8 of said Sea - shore Colony Tract: thence along said northwesterly prolongation, said nor!heasterly line and the southeasterly prolongation thereof EXHIBIT "B" - Page 1 84- 067438 C 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 Maos: thence along said northeasterly right -of -way line South 54'02'30" East, 118.67 feet to. the northeasterly prolongation of the lire dividing Lots 7 and 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' 51'30" West, 1520. 68 feet to the POINT OF BEGINNING. i. i CCNT3.'"1L`IG 21.383 Acres. more or less EXHIBIT "B" — Page 2 84- 067438 \ ,•. 4 All a Viwl ; y T 3 a IS s 1 - W a 8 � •o F N >4 w •�$ ga ci set Ll W ho C �` W '•�_ Lam•^ lj IZII� .A\ $ e s� 3 Y• t � V � c• T cz •aj r I 'a`w 4 _ Lu Wo' 4i a:Fw EXEIBIT "C" 84- 067438 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On December 29, 1983 before me, the undersigned, a Notary Public in and for said state, personally appeared John J. Kroh, personally known to me or proved to me on the basis of satisfactory evidence to be the trustee in Bankruptcy for Robert B. Nevin, whose name is subscribed to the within instrument and acknolwedged that he executed the same. ii i / Lit, CERTIFICATE OF ACCEPTANCE Government Code Sec. 27281 This is to certify that the interest in real property conveyed by the Deed as set forth above to the CITY OF NEWPORT BEACH is hereby accepted by the undersigned officer or agent on behalf of the City Council of such City pursuant to authority conferred by an adopted resolution by the City Council dated Ma„ tq. �oFB , and the Grantee consents to recordation thereof by its duly, authorized officer or agent. IN WITNESS WHEREOF, I t1,ave hereunto set my hand this _4j_ day of `� r . , 19� Z21, K,- SUBSURFACE PASS-THROUGH EASEMENT (G), Page 5 4 's °3,.ari+.a'fF'..++`,r.:,�.yF ?,f ,�,,. '�.r• ;;i."..e:lw:ii? 84- 031527 a =d�6,w WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 M C14 c JK /MM 12/8/80 Parcel G- 118 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY. CALIFORNIA -M PM JAN 2 3 '84 a cauNr~ RECOMM EX6mPT UNDER. GOU. OADE SC-Q-, (0103 MAIL TAX STATEMENTS TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 ZIA DOCUMENTARY TRANSFER TAX Computed on the con- 5 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, DEAN EDWARD WALKER 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 84- 031527 C 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 c 84- O3i527( 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 sfur- 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 84- G31527 C 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- imp nnt,has been executed this 4 day of 1983. can Edward Walker ROSEMARY f1, _NERY NOTARY PL'` C IN BEXAR COUNTY FOB THE STATE OF T.XAS V ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: Dean E. Walker 2711 FLoral way Grantor SOCIAL SECURITY NUMBER: 549 -40 -3652 SUBSURFACE PASS - THROUGH EASEMENT (G), Page 4 ? -.:� -- � 'Y � ..... �._:, � , ^, ..,s .. � Y., _. r n. >ii '�`..Y y ::l�s.'�d/IbV�W.'t�'"�.. P"�- �DannC_ �• 84- 031527 C Parcel No. G -118 LEGAL DESCRIPTION Lot 8 in Block 9 of Seashore Colony Tract, as shown on a map thereof recorded in book 7, page 25 of Miscellaneous Maps, records of said Orange County, California.. EXHIBIT "A C 84- 03i527 C DESCRIPTIO14 Oxbow Oil Production Condemnation All those certain lands situated in the City of tlewport Beach, County of Orange, State of California, more particular described as follows: PARCEL "G ". Beginning at the intersection of the centerline of Ocean Front (formerly Ocean Avenue) as said street is shown on a map of the Seashore Colony'Tract recorded in Book 7, Page 25 of Miscellaneous Maps in the Office of the County Recorder of said County with the northwesterly boundary line of the City of Newport Beach, said northwesterly boundary line being the southeasterly line of Summit Street, 30. 00 feet in width, as shown on said map of the Seashore Colony Tract, said point of beginning being a point in the boundary line of the land described in the parcel entitled "EXHIBIT A TO SUBSURFACE EASEMENT" recorded in Book 2824, Page 391 of Official Records of said County: thence along said last mentioned boundary line through the following courses: along said northwesterly boundary line of the City of Newport Beach North 35057'30" East 472.31 feet to the centerline of the Santa Ana River as described in Case No. 22791 of the Supei-:orCourtof' the State of California in and for the County of Orange and as shown on a map filed in Book 65, Pages 31 through 36 of Records of Surveys in the Office of the County Recorder of said County: thence along said centerline South 78 000122" East, 515.70 feet and South 66 °42'20" East, 643.27 feet to the northerly prolongation of the line dividing Lots 6 and 7 in Block 11 of Tract No. 772 as shown on a map recorded in Book 23, Pages 5-and 6 of said Miscellaneous Maps: thence along said northerly prolongation, said dividing line and the southerly prolongation thereof South 7 044151" West ,148.87 feet to a point on a curve in the centerline of Canal Street as said street is shown on said map of Tract No. 772, said curve being concave northerly and having a radius of 635.00 feet; thence easterly along said curve and centerline 10. 63 feet through a central angle of 0 °53'21" to the centerline of Fern Street as said street.is shown on said map of Tract No. 772; thence along said centerline of Fern Street South 35 051100" West, 26.45 feet to the north- westerly prolongation of the northeasterly line of Lot 10 in Block 8 of said Tract No. 772; thence along said northwesterly prolongation. said nort':easterly line of Lot 10 and the southeasterly prolongation thereof South 54 °09100" East. 104.94 feet to the centerline of the 10 foot alley in said Block 8: thence along said centerline of the 10 foot alley South 35 051'00" West, 90.00 feet to the southwesterly line of said Tract No. 772 and a point in the centerline of the 10 foot alley in Block 8 of said Seashore Colony Tract: thence along said = enterline of the 10 foot alley in' Block 8 South 35 °47'11" West. 120.00 feet to the northwesterly prolongation of the northeasterly line of Lot 4 in Block 8 of said Sea- shore Colony Tract; thence along said northwesterly prolongation, said northeasterly line and the southeasterly prolongation thereof EXHIBIT "B" - Page 1 C 84- 031527 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 shorn 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, 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 CONTA=-NG 21.383 Acres, more or less EXHIBIT "g" — Page 2 84- 031527 1 �f 3 ' ++ss s. • V. .' �' I � C p � ;' '9.. � •�/ .r , •' 11-1° e .t G T W Q y _• Uf < z UL H m n O - � 1 I4f foeao ('_ of I: oe' 1L ^��IIwLfJ,ll W W x. Lj W i U g°� 3 mw q V C = 0. ••'Sr bi' I ui - m Mwff cc u 3<_ z� .; LL o a4Z m i W =TW 4:f"nz EXHIBIT "C" 84 -03187 TEYft5 STATE OF G-l4E^+pF6R#V+h COUNTY OF BEXIRT' ) Ss. On k-a�c � d d L said State, personally appeared ,. personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name subscr' ed to the within instrument and acknowledged that exe- cuted the same. WITNESS my hand and official seal. Signature L 02.e. � �i y/f![�.IN 22 the undersigned, a Notary Public in and for J. (This area for official notarial seal) ROS:AF.ARY McED;EPY NOTARY B':'SiC =N 3EXAR COUNTY F02 TH::1TAiE OF 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 authoz_ized officer or agent. IN WITNESS WHEREOF, I have hereunto set my hand this _L day of , 19 SUBSURFACE PASS - THROUGH EASEMENT (G), Page 5 P 293 ;'0 WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 City Clerk Deed No. /I; /// MAIL TAX STATEMENTS TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 Ll M L I.I Ci0 BK 141 68PG 34 n JK /MM 12/80 Parcel G-1109 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNry C4LIFORNIA -ll 45 AM AUG 4 '81 LEE A. BRANCH, County Retarder, 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, PATRICK O'CONNOR, a married man, as his sole and separate property hereby GRANT(S) and conveys to the CITY OF NEWPORT BEACH, a municipal corporation, and its successors and assigns, a perpetual easement and right of way to drill, test, com- plete, equip, maintain, repair, clear, redrill, deepen, operate, produce, dismantle (remove casing and other equip- ment from), plug and abandon under and through the subsur- face of that certain real property hereinafter described in which Grantor has reserved the right to control subsurface pass - through easements ( "Grantor's real property" herein) at a depth not less than Four Hundred (400) feet measured ver- tically below the surface thereof, a well or wells for the purpose of exploring for and /or producing oil, gas and /or other hydrocarbon substances; the easement and right of way granted herein shall lie under that certain parcel of real property situated in the City of Newport Beach, County of Orange, State of California, and more particularly described in Exhibit "A" to this Deed and such description by this re- ference is made a part hereof as though set forth at length. SUBSURFACE PASS- THROUGH EASEMENT (G), Page 1 BK 14166P6 344 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 14163PB 345 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 14108Pe 348 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 3G day of %%ice , 198/. Patrick O'Connor Grantor ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: — PATRICK O'CONNOR Builder P.O. Box 56 Encinitas, CA 92024 (714) 753 -5145 SUBSURFACE PASS - THROUGH EASEMENT (G), Page 4 0 Parcel No. G -119 LEGAL DESCRIPTION 11 By, 14 168Po 34 Lot 9 in Block 9 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" • 0 BK 14166Pu 34� DESCRIPTION Oxbow Oil Production Condemnation All those certain lands situated in the City of rlewoort Beach, County of Orange, State of California, more particular described as follows: PARCEL "G ": Beginning at the intersection of the centerline of Ocean Front (formerly Ocean Avenue) as said street is shown on a man of the Seashore Colony Tract recorded in Book 7, Page 25 of Miscellaneous Maps in the Office of the County Recorder of said County with the northwesterly boundary line of the City of Newport Beach. said northwesterly boundary line being the southeasterly line of Summit Street. 30.00 feet in width. as shown on said man of the Seashore Colony Tract. said point of beginning being a point in the boundary line of the land described in the parcel entitled "E:mIBIT 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 centerldne of the Santa Ana River as des'c'ribed in Case No. 22791 of the SuperiorCourtof the State of California in and for the County of Orange and as shown on a map filed in Book 65, Pages 31 through 36 of Records of Surreys in the Office of the County Recorder of said County; thence along said centerline South 78000122" East. 515.70 feet and South 66 °42'20" East. 643.27 feet to the northerly prolongation of the line dividing Lots 6 and 7 in Block 11 of Tract No. 772 as shown on a map recorded in Book 23. Pages 5 and 6 of said Miscellaneous Mans: thence along said northerly prolongation. said dividing line and the southerly prolongation thereof South 7 °44'51" West 148.87 feet to a point on a curve in the centerline of Canal Street as said street is shown on said map of Tract No. 772. said curve being concave northerly and having a radius of 685.00 feet: thence easterly along said curve and centerline 10. 63 feet through a central angle of 0° 53'21" to the centerline of Fern Street as said street.is shown on said map of Tract No. 772: thence along said centerline of Fern Street South 35 °51'00" West. 26.45 feet to the north- westerly prolongation of the northeasterly line of Lot 10 in Block 8 of said Tract No. 772: thence along said northwesterly prolongation. said northeasterly line of Lot 10 and the southeasterly prolongation thereof South 54 °09'00 East. 104.94 feet to the centerline of the 10 foot alley in said Block 8; thence along said centerline of the 10 foot alley South 35 °51'00" West. 90.00 feet to the southwesterly line of said Tract No. 772 and a point in the centerline of the 10 foot alley in Block 8 of said Seashore Colony Tract: thence along said zenterline of the 10 foot alie,v in Block 8 South 35 °47'11" West. 120.00 feet to the northwesterly prolongation of the northeasterly line of Lot 4 in Block 8 of said Sea- shore Colony Tract: thence along said northwesterly prolongation. said northeasterly lire and the southeasterly prolongation thereof EXHIBIT "B" - Page 1 • 0 BK 141 G8PG 349 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 "hereof South 35 °47130" West, 137. 17 feet to the northeasterly right -of -way line of the Pacific Electric Railway, being the northeasterly line of Tract No. 4400 as shown on a map recorded in Book 162, Pages 20 through 26 of said Miscellaneous Maps; thence along said northeasterly right -of -way line South 54 °02'30" East, 118.67 feet to, the northeasterly prolongation of the line dividing Lots 7 and 8 in Block G'of said Seashore Colony Tract; thence along said northeasterly prolongation, said dividing line and the southwesterly prolongation thereof South 35057'30" West, 276.10 feet to said centerline of Ocean Front as said street is shown on said mat) of the Seashore Colony Tract; thence along said centerline North 55° 51'30" West, 1520. 68 feet to the POINT OF BEGINNING, f i CONTALNLNIG 21.383 Acres, more or less EXHIBIT "B" - Page 2 0 9 BK 14 16 6 PG 350 t i I s ML •�, ��� :S :S� 3 S:N ntn � 1� 21 W Ul Y a S Y V s 1011 �= W� L CIO �? X19 tee. o0 W 6 T •J b �$ �0 � rl � �� r l_ 1 nnn ' QL !S I)tlLfln Q . p0 is l�• \ :b . � .✓� d 3 V W =wW 4iF+:n EXHIBIT "C" 0 BK 14168PG 351 STATE OF CALIFORNIA ) ss . COUNTY OFv�,� ���z) On ?�,� i'�� /'A -' before me, the undersigned, a No- tary Public in and for said State, personally appeared Patrick O'Connor 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. WILLIAM) GLL'r;1' Notary Public NOTARY PUBLIC '. PRIN CIPgL OFFICE IN SqN p1EG0 COUN ?Y My Commission.Ezp. Nov. 15, 1982 CERTIFICATE OF ACCEPTANCE Government Code Sec. 27281 This is to certify that the interest in real property conveyed by the Deed as set forth above to the CITY OF NEWPORT BEACH is hereby accepted by the undersigned officer or agent on behalf of the City Council of such City pursuant to authority conferred by96a8n adopted resolution by the City Council dated flay 13, 1 , and the Grantee consents to recordation thereof by its duly authorized officer or agent. IN WITNES§ WHEREOF, I ave hereunto set my hand this �0 day of 19_� ecaZ�r' � _-) SUBSURFACE PASS - THROUGH EASEMENT (G), Page 5 • 17599 0 .nO��ocl. RE sty° ` D REU� WHEN RECORDED MAIL TO: F NEWPORT BEACH S, �3 218 ort Boulevard Newporri� '� ;ach, California 92663 RECE'sJ£D CITY CLH ( 'r City Clerk n APR 23 1951" 12 Deed EXEhIPT C,1it OF No. /S�d 2 i;�'iiOiT STATEMENTS TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 BK 14020 PG 1 694 JR /MM 12/8/80 a�lrcel'._G 120::; u. JD 12 Of FICIAL phi C�DbM CdUATY, CALIFOR-4 �A all PAM} APR15'A1 LEE A. BRAUN. Count Recorder DOCUMENTARY TRANSFER TAX $ None . .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 EAS FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CLAIRE M. HANSFORD, a married woman as her sole and separate property here'bv 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 frcr,), 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 dept., not less than Four Hundred (400) feet measured ver- tical_v --low the surface thereof, a well or wells for the nurpese of exploring for and /or producing oil, gas and /or other :`.Verocarbon substances; the easement and right of way granted h erein 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 Ex,_ ait "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 U'l BK 1 4020 Pe 1 696 The rights granted_ herein to Grantee are for the pur- pose of drilling for, producing, extracting, taking, and removing oil, gas and other hvdrocarbon 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 "3" hereto and bottomed beyond the outer boundaries described in Exhibit "B," as the square footage of Grantor's real prop- erty, as described in Exhibit "A ", bears to the total square focta of the lands lying within the outer boundaries of Exhibi_ "__•," excluding public streets and highways owned in fee s17443e by the City of Newport Beach and also any lands owned fee simple by the Citv of Newport Beach, and fur- ther = .:Cluding streets and lands lying within the former Paci__a Electric Railway Company right of way; provided, however, that Grantor shall not be entitled to any compen- satier. 'eased upon oil lost through evaporation, leakage, or oche is_, or upon gas used, consumed or lost in extraction of or uo_on any oil or gas used in connection with any ~we 'l drilled or operated hereunder, or upon any gas which .s used for repressuring any oil bearing formation in an =_-.zt to further production from any such well or wells; ­_r shall Grantee be obligated hereunder to save any gas, except as there is a reasonable market and value for the s_-:e . '� =ntee shall be entitled to deduct from the compen- sation hereunder the Grantor's proportionate share of any SUBSURFACE ?ASS- THROUGH EASEMENT (G), Page 2 • • BK 1 4020 P6 1 006 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 Pas - 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 ownersh of land or interests covered by this Subsurface Pass- Thi-uugh 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. Further—More, if it should be determined that Grantor owns less tan all of the rights to provide Grantee the easement right and right of way conveyed herein, Grantee shall be ertitla 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 s_�:re, or January 26, 1981, whichever is later. Grantor hereby agrees to make no claims in eminent dcma_n against Grantee relating to the herein - described lard, 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- TFROUGH EASEMENT (G), Page 3 BK 14020 Po 1697 .°. ode of Ci 1 D' ju Join. 106 1267 4101 126j.420, .a to C;:lifu r,i C .i roce ,,.. ,.� .,,�., �.,, IL�JrY IU, 126,.610, 1268.620 and 1266.710. Grantor also agrees and consents to the dismissal of any eminent domain action in the Superior Court wherein the Grantor's real property is included. This Subsurface Pass - Through Easenant and each and all of its provisions shall be binding upon and inure to the benefit of the heirs, executors, admini- stmovs, successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, this Subsurface Pass- Through Easement has been executed this —9th —day of March , 19 81. d' acre ans or Grantor i';D'BES , Of l°r•nN f UR TO FAINK IS ARE 10 K SENT: Claire M. Hansford 21942 Harborbreeze Lane Huntington Baaoh, California 92646 `;ULSURFACE PASS- TKOUGH EASEMENT (G), PAGE 4 Parcel No. G -120 LEGAL DESCRIPTION BED 14020 P6 168 Lot 10 in Block 9 of the Seashore Colony Tract, as shown on a Map thereof recorded in Book 7, Page 25 of Miscellaneous Maps, records of said County.of Orange, California. EXHIBIT "A" EK 1 4020 Pu 1 609 DESCRIPTIOid Oxboty 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 nap of the Seashore Colony Tract recorded in Boo{ 7, Page 25 of Miscellaneous Maps in the Office of the County Recorder cf said County with the northwesterly boundary line of the City of Neu•oort Beach, said northesterly boundary line being the sou*.heaster!v lire of Su-.znit Street, 30.00 feet in width, as shown on so! -3 rr.ao of the 5'eas :.o ^e Colony Tract, said point of beginning being a Doint in the bour-,_ ary lit. ^.e of the !arid described in the parcel entitled "EXHIBIT A TO SUBSL'r:FACE E?.SENIENT" 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 desor *bed in Case No. 22797 of the Supe ;orCour'of the State of California in and :or the County of Orange and as shown on a rnap filed in Book 65, Pages 31 through 36 of Records of Sur— eys in the Office of the County Recorder of said County: thence along said centerline South 78000'22' East, 515.70 feet and South 0"6042'20" East. 643.27 feet to the northerly prolongation of the lire dividing Lots 6 and 7 in Block 11 of Tract No. 772 as shown on a map recorded ir. Book 23, Pages 5 and 6 of said Miscellaneous Maps; thence along said northerly prolongation, said dividing line and the southerly prolongation. 'hereof South 7° 44' 1" West 143. 87 feet to a point on a curve in the c_n:er! ;-e of Canal St -eet as said street is shown on said map of Tract No. ^• %" said cut-re tieing concave northerly and having a radius of 635.00 feet; thence easterly along said curve and centerline 10.63 feet through a central angle of 0'53121" to the centerline of Fern Street as said street.is sho:vn on said mao of Tract No. 772; thence along said ccnte -line of Fern. Street South 35 °51'00" West. 26.45 feet to the north- westerly pra_on. :ion of the no- theasterly line of Lot 10 in Block 8 of said Tract Nc. 772; thenca along said nort.`.westerly prolongation, said nor'`easterl -. fine of Lot 10 and the southeasterly prolongation thereof South 54 °0 `C ° East, 104.24 feet to the centerline of the 10 foot alley in said ?:oc`c thence along said centerline of the 10 foot alley South 35 °51'Cr_" ',`lest, 90.00 feet to the southwesterly line of said Tract No. 712 Lnc: a nt in the centerline of the 10 foot alley in Block 8 of said Seashc;_ Cc. ny Traci; thence along said centerline of the 10 foot aiicy in 3._c_. ? South 35147'11" West, 130.00 feet to the nor1h%vesterly pro:cn tic: :ne nor', ^easterly line of Lot 4 in Block, 8 of said Sea - skcre Co'an••� T:-_.: thence along said northwesterly prolongation, said ncr :`teas :er-: -' _ ne and the southeasterly prolongation thereof EXHIBIT "B" - Page 1 H 1 4020 PS 1 700 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 E'_ect.-ic Railway, being the northeasterly line of Tract No. 4400 as shown on a map recorded in Book 162, Pages 20 through 26 of said M3sceilsnecus Mans; thence alp :,g said northeasterly right -of -way line South 54 °02'30" East, 118.67 fee, *.o. the northeasterly prolongation of the l ne dividing Lots 7 and 3 in Bl'ocb: G of said Seashore Colony Tract; thence -along said northeasterly prolongation, said dividing line and the southwesterly prolongation thereof South 35 °57130" West, 276.10 feet to said centerline of Ocean .Front as said street is shown on said map of the Seashore Colony Tract; thence along said centerline North 550 51'30" ',Vest, 1520.08 feet to the POINT OF BEGIPtNING. I, i CONTAE TENG 21.383 Acres, more or less h; EXHIBIT "B" - Page 2 0 BK 14020 Ps 1701 1 , s� 1 r1 3 tub. -ix d ' • /�T 'w � � �7i Q 8 � � � er~ r i' Th %a IeIT= v v nl_I 3 F 3^ r ♦ "t I I 1 I .I L'p:110E(LLiiv� z H$HIBIT "C" 'i I3 C 9 L 3f 3 - y�+ , u C33 Y 1 a z D O v Uq N �2 Wp +2 z. E� <o X° ° Wn W x>< NO x U W co f+ a Q -< Zt tr U4 z 00 = iW rx a.F�z • • BK 1 4020 Pe 1702 STATE OF CALIFORNIA ) ss. COUNTY OF Orange ) On March 9, 1981 before me, the undersigned, a No- tary Public in and for said State, personally appeared Claire M4 Hansford , known to me to be the person whose name is subscribed _o the within Instrument, known to me to be the person who executed the within Instrument, and a <. knowledged to me that she executed the within Instrument. WITNESS my hand and official / /seal. hCc - a ��. • - �' PR Iti'_iCSI ifc.ti . �y;? � OFFICc ITV v Pmmiv:av Exu:: es Na; eFi :$, 1931 Notary Public CERTIFICATE OF ACCEPTANCE Government Code Sec. 27281 This is to certify that the interest in real property conveyed by the Deed as set forth above to the CITY OF NEWPORT BEACH is hereby accepted by the undersigned officer or agent on behalf of the City Council of such City pursuant to authority conferred by an adopted resolution by the City Council dated Iav 13, 1968 , and the Grantee consents to recordation thereof by its duly authorized officer or agent. IN WITNESS WHEREOF, I have hereunto set my hand this lxlC4 day of ,j✓2cG�, 19$J. SUBSURFACE PASS— THROUGH EASEMENT (G), Page 5 4 � � i WHEN CITY 3300 17600 RECORDED MAIL TO: OF NEWPORT BEACH Newport Boulevard V�_,3gach, California 92663 BED 14020 P6 1703 JK/MM 12,/$/80 RECO80EDID OFFMAL RECORDS OF ORAM CODAFI'. CALIFORNIA -111 s AM APR 15 '81 C'ry Clerk ea EXEMPT /S / C 2 LEE A. BRANCH, County Recorder 7:.. ^t� �t" IL TEMENTS TO: DOCUMENTARY TRANSFER TAX $ CITY OF NEWPORT BEACH is 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- r:41iROUGH EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ALI ZARRINNEGAR, a married man, as his sole and separate property hereby GRANT(S) and conveys to the CITY OF NEWPORT BEACH, a municipal corporation, and its successors and ass'. -ns, a perpet °ual easement and right of way to drill, tes:..; 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 cf that certain real property hereinafter described in whic:': Grantor has reserved the right to control subsurface pass -t :rough easements ( "Grantor's real property" herein) at a de_t:h not less than Four Hundred (400) feet measured ver- ticalla below the surface thereof, a well or well: for the purees; of exploring for and /or producing oil, gas and /or other =idrocarbon substances; the easement and right of way grantees herein shall lie under that certain parcel of real pror`ert_ situated in the City of Newport Beach, County of Ora::ce, State of California, and more particularly described in Ex ^'.it "A" to this Deed and such description by this re- ference �'s made a part hereof as though set forth at length. SUBSURFACE PASS- THROUGH EASEMENT (G), Page 1 0 0 BK 14020 P6 1 704 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, th-t 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 , 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 hereu.:der, 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 oii, gas and other hydrocarbon substances produced, saved and sold by means or 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 Exhit.. "3," excluding public streets and highways owned in fee sim --le by the City of Newport Beach and also any lands owr.e_ is fee simple.by the City of Newport Beach, a,:d 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- satier. based upon oil lost through evaporation, leakage, or othe rw7.se, or upon gas used, consumed or lost in extraction of gaS31ine, or upon any oil or gas used in connection with any well drilled or operated hereunder, or upon any gas whit - 'Ls used for repressuring any oil bearing formation in an to further production from any such well or wells; -or shall Grantee be obligated hereunder to save any gas, =..rapt as there is a reasonable market and value for the sa-. Gr =_;.tee 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 14020 pG 1 705 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 writ.';ng 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 partica .ar 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 --art 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- te_. Grantor hereby agrees that should it be determined that Granter does not own the rights granted herein, Grantee's obligation to pay the consideration provided for hereunder shall terminate, and Grantee s: all be entitled to recover the amounts of compensation previously paid to Grantor. Furt:'?ar ^are, if it should be determined that Grantor owns less all of the rights to provide Grantee the easement right and right of way conveyed herein, Grantee shall be e itiF =l to accept such rights as are granted herein by Gran:_ and prcrate the compensation accruing to Grantor acccr_,In jlv. This Subsurface Pass- Through Easement shall be and be- come _ffective from and after the date that Grantor executes the sate, 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, including without limitation any claims for fees, costs, attorneys' fees, abandonment costs, interest, those claims which may arise out of Grantee's immediate pos- sess.-Cr. of Grantor's real property and any claims pvrsu- SUBSURFACE PASS - THROUGH EASEMENT (G), Page 3 0 BK 14020 Po 1 706 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. This Subsurface Pass - Through Asement and each and all of its provisions shall be binding upon and inure to the benefit of the heirs, executors, admi>iistrators, successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, this Subsurface Pass- Through Ease- ment has been executed this 11th day of March , 1981 . ii Ali Zarrinrl car �— Granto r further understands the purpose for which this Grant is being, made, and further understands Grantee, City of Newport' Beach is liable for any and al]. damages to such Grantor's property or remaining property contiguous 'to Grantor's real property interests hereby conveyed for the purposes described herein. G antor ADDRESS _�F GRANTOR TO WHICE '_:'.PENSATICr1 PAYMENTS .RE TO BE SENT: Mr. A14 %arrinneaar 1805 Es;�xv Drive Newport E.each, Califoriiia 92660 SUBSURFACE PASS- THROUGH EASE'1IENT (G), Page 4 BK 14020 P8 1707 Parcel No. G -121 LEGAL DESCRIPTION Lot 11 in Block 9 of the Seashore colony Tract, in the city of Newport Beach, county of Orange, state of California, as shown on a map recorded in book 7 page 25 of Miscellaneous Maps, records of Orange County, California. EXHIBIT "A" DESCRIPTION 10 M 14020 PG 1 708 Oxbow Oil Production Condemnation All those certain lands situated in the City of Newport Beach, County of Orange, State of California, more particular described as fellows: PARCEL "G Beginning at the intersection of the centerline of Ocean Front (formerly Ocean .-_venue) as said streetis sho:vn 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 Newuorl Beach, said northwesterly boundary line being the southeasterly line of Sun:-nit Street, 30.00 feet in width, as shown on said roan of the Seashore Colon;• Tract, said point of beginning being a point it the boundary line of :he laird described is the parcel entitled "EaFiBIT :'. TO STJBSJHFACi•: E3S�'-- M ENT" 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 Rio. 22791 of the SuperiorCou.,of the State of California in and for the County of Orange and as sho,,.n or. a snap 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 center.1;ne Soutar 13 °00122" East, 515.70 feet and South 60" 042'20" East, 643. 27 feet to the northerly prolongation of the line dividing Lots 6 and 7 in Bock 11 of Tract No. 112 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 7044151" West 143.37 feet to a point on a curve in the centerline of Canal Street as said street is shown on said mau of Tract No. 772, said cuz-�e 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 o 0 c3 , 21 to the centerline of Fern Street as said street.-is S�,own on said mao of Tract No. 772; thence along said ccnterl;ne of Fern Street South 35 051!00" West, 26.45 feet to the north - %Vesteriy prolongation of the northeasterly lire of Lot 10 in Block 8 of said Tract Nc. 772; thence allong said northwesterly prolongation, said nor':easterix of Lot 10 and the southeasterly prolongation thereof South 5 <. °09'C East, 104.94 feet to the centerline of the 10 foot alley in said _._ thence along said centerline of the 10 foot alley SoCI :: i, �. In .+CSt, 90.000 feet t0 the S011t}7t4estBrly line Of said Tract No. " s and 'he centerline of the 10 foot alley in Block 8 of said Seas^c7_ Cz!o ;ny Tract; thence along said = enterlir.e of the 10 foot al:ey in __.i 2 South 35' 7'1i" West, 120.00 feet to the northwesterly pro•.o ^y tic- rortheasteriy iine of Lot 4 in Block 8 of said Sea- s hcre Color.; rac:: thence along said northwesterly prolongation, said r.ort e s eri_ and the southeasterly prolongation thereof EXHIBIT "B" - Page 1 • 0 BK 14020 PG 1709 South 54 °09'00" East, 115.93 feet to the centerline of Orange Street as said centerline is shown on said :nap of the Seashore Colony Tract: thence along said centerline and the southwesterly prolongation thereof South 35 °47130" West,' 137. 17 feet to the northeasterly right -of -way line of the Pacific Electric Railway, being the northea<._ <rly line of Tract No. 4400 as shown on a map recorr :'ed in Book 162, Rages 20 through 26 of said Miscellaneous Maps: thence along said northeasterly right -of -way line South 54 °02'30" East, 118.67 feet to. he northeast Orly prolongation of the 11 ' ne 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 center'_i.. ^.e of Ocean Front as said street is shown on said map of the Seashore Colony Tract; thence a'.org said centerline North 55 °51'30" West, 1520. S8 feet b the POINT Oi BEGINNING. I. i CONTAINING 21.333 Acres, more or less EXHIBIT' "B" - Page 2 i • 0 BK 1 4020 Po 17 10 �T ^z i n C/ •os s si iry f.� nil _.. y is - mi i W �� '� ''ayy � �� �- usl \\ so.: ro _ E � • i. �� •�• • 2�j J \ � �e. � w S y 01 I �w � J.� W �_�- :1\ ^•(\ we U _� ay'`n i��s :• ne i r � U : — ��I L- z .°.l W cos, W > LL \ r Z j LL UZ SyY i � f\ ,d \�I yKHI y uj e i V L T'Tv i F•^�: EXHIBIT "CI' STATE OF CALIFORNIA )' } ss COUNTY OF Orange ) 8K 14020P6 171 1 On March 11. 1981 before me, the undersigned, a No- tary Public in and for said State, personally appeared Ali :arrinnegar , known to me to be the person whose name is subscribed to the within Instrument, known to me. to be the person who executed the within Instrument, and ac- knowledged to me that he executed the within Instrument. WITNESS my hand and official seal. Notary Public L:� 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 /�C day of 198/. 1 �s SUBSURFz,CE PASS - THROUGH EASEMENT (G), Page 5 J ' RECORDING REQUESTED B, 82- 423998 ( C`tN ^Jterk WHEN RECORDED MAIL TO: 10aed CITY OF NEWPORT BEACH No. 102- "'6/ 3300 Newport Boulevard Newport Beach, California 9.2663 EXEAPT =C__�rT MAIL TAX STATEMENTS TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 N`rJr'f; ?G "FAC DEC 2 � r fn JK /MM 12/8/80 Parcel G- 122 -124B RECORDED. IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA -1232 PM DEC 3 '82 LEE A. Recorder DOCUMENTARY TRANSFER TAX .Computed on the con- sideration or value of property co::veyed. 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, FRANK H. JENSEN, 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 bydr.ccazbo7 3u ✓fr d. -.0 2s; :a:e 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 82- 423998 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 land's 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 her.etinder, 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 AW. �- 82- 423998 mineral rights, severance, production or other similar tax which may be levied against or in connection with the production upon the basis of which such compensation is to be so paid, or the wells yielding such production, or the lands from which the same is produced, and the Grantor's proportionate share of the cost of treating and transporting for treatment any unmerchantable oil upon the basis of which compensation is paid hereunder. For the purpose of this Subsurface Pass- Through Easement, "the cost of treating and transporting for treatment any unmerchantable oil" mentioned in the preceding sentence shall be deemed to be the actual cost thereof, but not to exceed ten cents ($0.10) per barrel of net oil. Grantee.shall make all payments hereunder to Grantor by check payable to Grantor mailed to the address set forth below not later than the twenty -fifth (25th) day of July and January with respect to all 'compensation 'accrued during the six preceding calendar months; provided, however, that Grantee shall be entitled to continue to mail compensation payments hereunder to that address set forth below until notified by Grantor in writing of any change in the address to which such payments hereunder are to be sent; provided, further, that whenever any such payment is less than Ten Dollars ($10.00), Grantee may defer payment of the same until the amounts accumulating thereto shall be at least equal that amount; and provided further, that Grantee shall not be required to issue more than one check per payment period in payment of all of the interests in and to any particular lot and parcel, or any two or more lots or parcels now owned by the same Grantor or group of Grantors. No change in the ownership of land or interests covered by this Subsurface Pass - Through Easement and assignment or transfer by operation of law, or otherwise, in whole or in part of the compensation shall be binding upon Grantee until Grantee or its successors and assigns have been fur- nished with written evidence thereof satisfactory to Gran- tee. Grantor hereby agrees that should it be determined that Grantor does not own the rights granted herein, Grantee's obligation to pay the consideration- provided for hereunder shall terminate, and Grantee shall be entitled to recover the amounts of compensation previously paid to Grantor. Furthermore, if it should be determined that Grantor owns less than all of the rights to provide Grantee the easement right and right of way conveyed herein, Grantee shall be entitled to accept such rights as are granted herein by Grantor, and prorate the compensation accruing to Grantor accordingly. This Subsurface Pass- Through Easement shall be and be- come effective from and after the date that Grantor executes the same, or January 26, 1981, whichever is later. Grantor hereby agrees to make no claims in eminent domain against Grantee relating to the herein- described land, including without limitation any claims for fees, costs, attorneys' fees, abandonment costs, interest, those claims which may arise out of Grantee's immediate pos- session of Grantor's real property and any claims pursu- SUBSURFACE PASS - THROUGH EASEMENT (G), Page 3 82- 423993 ant to California Code of Civil Procedure Sections 1036, 1263.410, 1263.420, 1268.610, 1268.620 and 1268.710. Gran- tor also agrees and consents to the dismissal of any emi- nent domain action in the Superior Court wherein Grantor's real property is included. Grantor further understands the purpose for which this Grant is being made and Grantor, for itself, its successors and assigns, hereby waives any claim for and all damage to such Grantor's property or remaining property contiguous to the Grantor's real property interests hereby conveyed for the purposes described herein. This Subsurface Pass- Through Easement and each and all of its provisions shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, this Subsurface Pass- Through Ease- ment has been executed this day of 198_. FRANK H. JENSEN' ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: CA!_�7G /2`66- Grantor 82-423398 PARCEL NOS. G-122-124B LEGAL DESCRIPTIONS Northwesterly 60 feet of Lots 12, 13 and 14 of Block 9 of Tract known as Seashore Colony as per map recorded in Book 7, page 25 of Miscellaneous Maps, records of Orange County, California. I 82- 423998 DESCRIPTION Oxbow Oil Production Condemnation All those certain Lands situated in the City of tlewoort Beach, County of Orange, State of California, more particular described as follows: P4 RC EL "G Beginning at the intersection of the centerline of Ocean Front (formerly Ocean Avenue) as said street is shown on a map of the Seashore Colony Tract recorded in Book 7, Page 25 of Miscellaneous Maps in the Office of the County Recorder of said County with the northwesterly boundary line of the City of Newport Beach, said northwesterly boundary line being the southeasterly line of Summit Street. 30.00 feet in width, as shown on said map of the Seashore Colony Tract. said point of beginning being a point in the boundary line of the land described in the parcel entitled EXHIBIT A TO SUBSURFACE EASEMENT" recorded in Book 2824. Page 391 of Official Records of said County; thence along said last mentioned boundary line through the following courses. along said northwesterly boundary line of the City of Newport Beach North 350 57130" East 472. 31 feet to the centerline of the Santa Ana River as described in Case No. 22791 of the Sup' ciorCourtof the State of California in and for the County of Orange and as shown on a map filed in Book 65. Pages 31 through 36 of Records of Surveys in the Office of the County Recorder of said County: thence along said centerline South 78 °00122" East. 515.70 feet and South 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 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 sireet.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 no:`,heasterly line of Lot 10 and the southeasterly prolongation thereof South 54009'00' 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 °51100" Nest. 90.00 feet to the southwesterly line of said Tract No. 772 and a point in the centerline of the 10 foot alley in Block 8 of said Seashore Colony Tract: thence along said _ cnterline of the 10 foot alley in Block 8 South 35 °47'11" Nest. 120.00 feet to the northwesterly prolongation of the northeasterly line of Lot 4 in Block 8 of said Sea- shore Colony Tract. thence along said northwesterly prolongation. said northeasterly line and the southeasterly prolongation thereof 82- 423998 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 047130" 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 mat) recorded �in Book 162, Pages 20 through 26 of said Miscellaneous Maps; thence along said northeasterly right -of -way line South 54 *02130" East, 118, 67 feet to. the northeasterly prolongation of the line dividing Lots 7 and 8 in Block G'of said Seashore Colony Tract; thence along said northeasterly prolongation, said dividing line and the . southwesterly prolongation thereof South 35057'30" West, 276.10 feet to said centerline of Ocean Front as said street is shown on said map of the Seashore Colony Tract; thence along said centerline North 55° 51'30" West, 1520, 68 feet to the POINT OF BEGINNING. I CONTAIN TG 21.383 Acres, more or less f. F LE y • ' 4WD d iU 2 1 i e � 0 a $ 9 U a We fi„ 5 L z CDk '•ay ' iz \• o _ s F= W a ++ � • } 4 am a� y I v I: a \� ��•�+ Bann � n. 1a �O. i� �i a� =y ZWo •7, e�0 °x aq v Wo OIF -�n° 82- 423998 STATE OF CALIFORNIA ) ss. COUNTY OF ) On Antp ��, ��l�'L before me, the undersigned, a No- tary Publ in and for said State, personally appeared FRANK H. JENSEN , 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. . OFFICIAL SEAL DOROTHY L. PALEN NOTARYPUBLIC - CALIFORNIA Notary Public PRINCIPAL CRICE IN bCAhGE 4I"N11 W CaMrvssion Ewrts April 5, 1985 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, 1M , and the Grantee consents to recordation thereof by its duly authorized officer or agent. IN WITNESP, WHEREOF, I h ve hereunto set my hand this day of I�c , 19� yx:)� SUBSURFACE PASS - THROUGH EASEMENT (G), Page 5 • 0 17331 WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 y Cl2rk tJcec� -l6 zj) MAIL TAX STATEMENTS TO: BK 1 4255p 91 JK /MM 12/8/80 Pcce1 G 126, �� 1341:.1.3.5. and 13b; RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY. CALIFORNIA -3 30 PM OCT 13 '81 E� E A -P i rl I LEE A BRANCH, County Recorder CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 DOCUMENTARY TRANSFER TAX .Computed on the con - sideration or value of property conveyed. Computed on the con- sideration or value less liens or encumbrances re- maining at time of sale. Signature of Declarant or Agent determining tax Firm Name SUBSURFACE PASS - THROUGH EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MAURICE D. TURBOW and SHERWYN J. TURBOW, co- trustees of the MAURICE and MYRIAM TURBOW FAMILY TRUST, dated June 15, 1976, hereby GRANT(S) and conveys to the CITY OF NEWPORT BEACH, a municipal corporation, and its successors and assigns, a perpetual easement and right of way to drill, test, com- plete, equip, maintain, repair, clear, redrill, deepen, operate, produce, dismantle (remove casing and other equip- ment from), plug and abandon under and through the subsur- face of that certain real property hereinafter described in which Grantor has reserved the right to control subsurface pass- through easements ( "Grantor's real property" herein) at a depth not less than Four Hundred (400) feet measured ver- tically below the surface thereof, a well or wells for the purpose of exploring for and /or producing oil, gas and /or other hydrocarbon substances; the easement and right of way granted herein shall lie under that certain parcel of real property situated in the City of Newport Beach, County of Orange, State of California, and more particularly described in Exhibit "A" to this Deed and such description by this re- ference is made a part hereof as though set forth at length. SUBSURFACE PASS - THROUGH EASEMENT (G), Page 1 BK 1 4255p 92 The rights granted herein to Grantee are for the pur- pose of drilling for, producing, extracting, taking, and removing oil, gas and other hydrocarbon substances by means of slant holes or wells drilled through and beneath the lands described in Exhibit "B," which by this reference is made a part hereof as though set forth at length, into tide waters beneath the Pacific Ocean and connecting waters; pro- vided, however, that the provisions of this instrument shall not entitle the Grantee, in any of its operations hereunder, to use any part of the Grantor's real property between the surface of the lands described in Exhibit "A" attached here- to and the depth above - specified, or to bottom any well within the boundaries of the Grantor's real property. A plat showing the area affected by such easement is attached hereto as Exhibit "C." This grant is made on the condition that Grantee, in its drilling and production operations, shall use and in- stall materials of good quality and condition, and all wells shall be drilled and maintained by Grantee in the best work- manlike manner and in accordance with good oil field prac- tice, and all water sands encountered therein shall be, ef- fectively and in a proper manner, plugged off; all drilling and other operations of Grantee hereunder shall at all times be conducted in a good and workmanlike manner and so as to prevent and avoid danger of any injury or damage therefrom to the property of Grantor; and Grantee shall take all rea- sonably necessary precautions to prevent the discharge or escape of mud, oil, debris or other matter onto the beach or adjoining property or into the waters of the Pacific Ocean. Grantor further makes this grant on condition that Grantee, as compensation for the easement and right of way granted hereunder, shall pay to Grantor a sum equal to such proportionate share of three and two hundred seventy -five thousandths percent 1(3.275%) of the market value of all oil, gas and other hydrocarbon substances produced, saved and sold by means of any and all oil wells drilled and /or operated by Grantee during the term hereof under and through any part or parts of the lands described in Exhibit "B" hereto and bottomed beyond the outer boundaries described in Exhibit "B," as the square footage of Grantor's real prop- erty, as described in Exhibit "A ", bears to the total square footage of the lands lying within the outer boundaries of Exhibit "B," excluding public streets and highways owned in fee simple by the City of Newport Beach and also any lands owned in fee simple by the City of Newport Beach, and fur- ther excluding streets and lands lying within the former Pacific Electric Railway Company right of way; provided, however, that Grantor shall not be entitled to any compen- sation based upon oil lost through evaporation, leakage, or otherwise, or upon gas used, consumed or lost in extraction of gasoline, or upon any oil or gas used in connection with any well drilled or operated hereunder, or upon any gas which is used for repressuring any oil bearing formation in an attempt to further production from any such well or wells; nor shall. Grantee be obligated hereunder to save any gas, except as there is a reasonable market and value for the same. Grantee shall be entitled to deduct from the compen- sation hereunder the Grantor's proportionate share of any SUBSURFACE PASS - THROUGH EASEMENT (G), Page 2 • • eK 1 4255p 93 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 9 arc 14255P6 ant to California Code of Civil Procedure Sections 1036, 1263.410, 12.63.420, 1268.610, 1268.620 and 1268.710. Gran- tor also agrees and consents to the dismissal of any emi- nent domain action in the Superior Court wherein Grantor's real property is included. Grantor further understands the purpose for which this Grant is being made and Grantor, for itself, its successors and assigns, hereby waives any claim for and all damage to such Grantor's property or remaining property contiguous to the Grantor's real property interests hereby conveyed for the purposes described herein. This Subsurface Pass- Through Easement and each and all of its provisions shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, this Subsurface P ss- Through Ease- ment has been executed this S day of(-Ze , 1981 94 urancvr ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: ICE' -V EfLL_t 444 (I J j SUBSURFACE PASS- THROUGH EASEMENT (G), Page 4 BK 1 4255P 95 Parcel No. G -125 126, 127, 128, 129, 130, 131, 132, 133, 134, 135 and 136 LEGAL DESCRIPTION PARCEL ONE: Lots 3, 4, 5, 6, 7, 8, 9, 10, and 11 in Block 10 of Seashore Colony, as per Map recorded in Book 7, Page 25, of Miscellaneous Maps, Records of Orange County, State of California: PARCEL TWO: The Southeasterly 55 feet of Lots 12, 13 and 14 in Block 10 of Seashore Colony, as per map recorded in Book 7, Page 25 of Miscellaneous Maps, Records of said Orange County, California. t PARCEL THREE: The Northwesterly 30 feet of Lots 12 and 13 and the North- easterly 15 feet of the Northwesterly 30 feet of Lot 14 in Block 10 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" 0 0 BK 14255P6 96 DESCRIPTION Oxbow Oil Production Condemnation All those certain lands situated in the City of tiewoort Beach, County of Orange, State of California, more particular described as follows: PARCEL "G" Beginning at the intersection of the centerline of Ocean Front (formerly Ocean Avenue) as said street is shown on a man of the Seashore Colony Tract recorded in Book 7, Page 25 of Miscellaneous Mans in the Office of the County Recorder of said County with the northwesterly boundary line of the City of Newport Beach, said northwesterly boundary line being the southeasterly line of Summit Street, 30.00 feet in width, as shown on said map of the Seashore Colony Tract, said point of beginning being a point in the boundary line of the land described in the parcel entitled "EXHI3IT 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 35057'30" East 472.31 feet to the centerline of the Santa Ana River as described in Case No. 22791 of the Supe :iorCou —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 Surreys in the Office of the County Recorder of said County; thence along said centerline South 78 °00'22" East, 515.70 feet and South 66 042'20" East, 643. 27 feet to the northerly prolongation of the line dividing Lots 6 and 7 in Block 11 of Tract No. 772 as shown on a map recorded in Book 23, Pages 5 and 6 of said Miscellaneous Mans: 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 man of Trent 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 051100" West, 26.45 feet to the north- westerly prolongation of the northeasterly line of Lot 10 in Block 8 of said Tract No. 772; thence along said northwesterly prolongation, said northeasterly line of Lot 10 and the southeasterly prolongation thereof South 54 °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 051100" West, 90.00 feet to the southwesterly line of said Tract No. 772 and a point in the centerline of the 10 foot alley in Block 8 of said Seashore Colony Tract; thence along said ;enterline of the 10 foot alley in Block 8 South 35 °47'11" West, 120_00 feet to the northwesterly prolongation of the northeasterly line of Lot 4 in Block 8 of said Sea- shore Colony Tract; thence along said northwesterly prolongation, said northeasterly lire and the southeasterly prolongation thereof EXHIBIT "B" - Page 1 0 0 BK 14255PS 97 South 54 909100" East, 114.93 feet to the centerline of Orange Street as said centerline is shown on said map of the Seashore Colony Tract; thence along said centerline and the southwesterly prolongation thereof South 35 °47`30" West. 137. 17 feet to the northeasterly right -of -way line of the Pacific Electric Railway, being the northeasterly line of Tract No. 4400 as shown on a map recorded in Book 162, Pages 20 through 26 of said Miscellaneous Mans; thence along said northeasterly right -of -way line South 54 °02130" East, 113.67 feet to. the northeasterly prolongation of the line dividing Lots 7 and 8 in Block G*of said Seashore Colony Tract; thence -along said northeasterly prolongation. said dividing line and the southwesterly prolongation thereof South 35'57'3 0" West, 276.10 feet to said centerline of Ocean Front as said street is shown on said map of the Seashore Colony Tract; thence along said centerline North 5'S° 51130" West, 1520. 68 feet to the POINT OF BEGINNING. I. i CO IT -kINING 21.383 Acres. more or less •L - y; EXHIBIT "B" - Page 2 BK 1 4255P 98 s 8 / / /y ✓/ a .yam P � +c, I' � ....o ��- '� • a L:� W �o 'N L .... F-1 iz � � �• r is ��� u ' °+ a• -°'ice r: �-� �� -.- I i $ \\a =• Y� o o =o O:H;a ,c i Woi y TY 111_ T i EXHIBIT "C" STATE OF CALIFORNIA ss. COUNTY OF ORANGE 0 BK 14255ps 99 On C? //'C , 19a, before me, the under- signed, a Ndtary Public in and for said State personally ap- peared MAURICE D. TURBOW and SHERWYN J. TURBOW, n- trncrPPa of the MAURICE and MYRIAM TURBOW FAMILY TRUST. dataA Tuna 1S 1976 known to me to be the person(s) whose names) are subscribed to the within instrument, and acknowledged that they exe- cuted the same. IN WITNESS WE OF I have hereunto set my hand this day of d 19. ir ®ROBERT L CARROLL r No N P, FICE N .V./ PRINCI F.f� GF610E IN � ,.� — LOS .COUNTY Notary Public in and for said My C mmission Expves JcloCer 14 1903 County and State CERTIFICATE OF ACCEPTANCE Government Code Sec. 27281 This is to certify that the interest in real property conveyed by the Deed as set forth above to the CITY OF NEWPORT BEACH is hereby accepted by the undersigned officer or agent on behalf of the City Council of such City pursuant to authority conferred by an adopted resolution by the City Council dated May 13, 1968 and the Grantee consents to recordation thereof by its duly authorized officer or agent. IN WITNESS WHEREOF, I have hereunto set my hand this day of T, 198Y. SUBSURFACE PASS - THROUGH EASEMENT (G), Page 5 r RECORDING REQUESTED BY •, ; WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California ^l'Y Clerk I = � "k— _f y <: __ �- MAIL TAX STATEMENTS TO: 92663 EXeivIPT C8 CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 P_ Y, 14 103P0- 1045 JK /MM 5 /4$l . . T O' RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA -499 RM JUN 16'81 lEE A BRANCH. County Recorder DOCUMENTARY TRANSFER TAX Computed on the con- sideration or value of property Conveyed. . . .Computed on the con- sideration or value less liens or encumbrances re- maining at time of sale. Signature of Declarant or Agent determining tax - - Firm Name SUBSURFACE PASS- THROUGH EASEMENT FOR THE SUM OF ONE HUNDRED SEVENTY -FIVE DOLLARS ($175.00) AND OTHER VALUABLE'CONSIDERATION, receipt of which is hereby acknowledged, NE! "PORT APART.FNTS, a Limited Partnership hereby GRANT(S) and conveys to the CITY OF NEWPORT BEACH, a municipal corporation, and its successors and assigns, a perpetual easement and right of way to drill, test, com- plete, equip, maintain, repair, clear, redrill, deepen, operate, produce, dismantle (remove casing and other equip- ment from), plug and abandon under and through the subsur- face of that certain real property hereinafter described in which Grantor has reserved the right to control subsurface pass- through easements ( "Grantor's real property" herein) at a depth not less than Four Hundred (400) feet measured ver- tically below the surface thereof, a well or wells for the purpose of exploring for and /or producing Oil, gas and /or other hydrocarbon substances; the easement and right of way granted herein shall lie under that certain parcel of real property situated in the City of Newport Beach, County of Orange, State of California, and more particularly described in Exhibit "A" to this Deed and such description by this re- ference is made a part hereof as though set forth at length. SUBSURFACE PASS- THROUGH EASEMENT (G), Page 1 • • Bx 141G3 P6 +046 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 anyf 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 hereby agrees that should it be determined that Grantor does not own the rights granted herein as of the date of execution herein, 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 acce °pt 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- 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. SUBSURFACE PASS- THROUGH EASEMENT (G), Page 2 • B I4 3P v4; 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 May 1 1981• NE117PORT APARTMENTS, a Limited Partnership VISTAR FINANCIAL, INC., General Partner Grantor By Donald P. Nov ack, President _.. TO 1954 C4 (B -]q) (Corporation . as a Partner of a Partnership) BK 1 4 1 6 3 P g 1 0 4 3 �W rc W I a `I< I STATE OF CALIFORNIA COUNTYOF �-05 GnaelPs } SS. o f�lOL II 1981 Jfr TITLE INSURANCE ANDTRUST •TCOR.COMMMY before me, the undersigned, a Notary Public in and for said State, personally appeared wnn ibb o, ,. known to me to be the President, ewi f,.... -. of- V1star-E-InAnclnd 4 11)C, the corporation that executed the within Instrument and known to me to be the persons who executed the within instru- ment on behalf of said corporation, said corporation being known to me to be one of the partners LY.IU.�- '01s_L.t O_f t. �(1 t j the partnership that executed the whin instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. SignaturA &—a Lil/►L1L N(i(� Marina del Rey, CA. 90291 (This area for official notarial sea[) SUBSURFACE PASS- THROUGH EASEMENT (G), Page 3 OFFICIAL SEAL 1 LA I If, E i-IiI HU5ER I I )Yr� f 0 a" P IC— CALIFORNIA hftl C L OFFICE 111 LOS ANGELLS COUNTY My Commission Eypirs July 9; 1932 (This area for official notarial sea[) SUBSURFACE PASS- THROUGH EASEMENT (G), Page 3 • STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) BK 14 1 03 Pc 1 0409 On r 19 , before me, the undersigned, a Notary Public in and for said State,. person- ally appeared known to me to be one of the partners of the limited part- nership that executed the within instrument, and acknowl- edged to me that such limited partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand this day of 19 Notary Public in and for sa County and State CERTIFICATE OF ACCEPTANCE Government Code Sec. 27281 This is to certify that the interest in real property conveyed by the Deed as set forth above to the CITY OF NEWPORT BEACH is hereby accepted by the undersigned officer or agent on behalf of the Pity 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 SUBSURFACE PASS - THROUGH EASEMENT (G), Page t Parcel No. G -137 LEGAL DESCRIPTION PARCEL 1: eK 14 103 PG 1 050 Lot 4 in Block 11 of Seashore Colony Tract, in the City of Newport Beach, County of Orange, State of California, as per map recorded in book 7, page 25 of Miscellancous Maps, in the office of the County Recorder of said County, together with the southeasterly half of the alley adjoining said lot on the northwest, vacated by Resolution No. 5833 of the City Council of the City of Newport Beach, recorded August 14, 1963 as Document No. 12947 in book 6675, page 813 of official records. PARCEL 2: An easement for ingress and egress, in the City of Newport Beach, County of Orange, State of California, over David Drive (private street) having widths of 15.00 feet and 50.00 feet as shown on a parcel map filed in book 86, pages 28 and 29 of Parcel Maps, in the office of the County Recorder of said County. EXCEPT THEREFROM that portion included within Parcel 1 above described. EXHIBIT "A" BK 14 103PG 1051 DESCRIPTION Oxbow Oil Production Condemnation All those certain lands situated in the City of Newport Beach, County of Orange, State of California, more particular described as follows: PARCEL "G ": Beginning at the intersection of the centerline of Ocean Front (formerly Ocean Avenue) as said street is shown on a man of the Seashore Colony Tract recorded in Book 7, Page 25 of Miscellaneous Maps in the Office of the County Recorder of said County with the northwesterly boundary line of the City of Newport Beach, said northwesterly boundary line being the southeasterly line of Su nmit Street, 30. 00 feet in widt`, 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 SUBSURZACE 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 105-57'30" East 472.31 feet to the centerline of the Santa Ana River as described in Case No. 22,797 of the SuperiorCourtof the State of California in and for the County of Orange and as shoein on a map filed in Book 65, Pages 31 through 36 of Records of Surveys in the Office' of .the County Recorder of said County; thence along said centerline South 78 °00'22" East, 515.70' feet and South 66 042'20" East, 643.27 feet to the northerly prolongation of the line dividing Lots 6 and 7 in Block 11 of Tract No. 772 as shown on a map recorded in Book 23, Pages Wand 6 of said Miscellaneous Mans; thence along said northerly prolongation, said dividing line and the southerly prolongation thereof South 7 044151" West 148.87 feet to a point on a curve in the centerline of Canal Street as said street is shown on said map of Tract No. 772, said curve being concave northerly and having a radius of 835.00 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-Theasterly line of Lot 10 and the southeasterly prolongation -thereof South 54 °09'00" East, 104.94 feet to the centerline of the 10 foot alley in said Block 8; thence along said centerline of the 10 foot alley South 35 °51100 Nest, 90.00 feet to the southwesterly line of said Tract No. 772 and a point in the centerline of the 10 foot alley in Block 8 of said Seashore Colony Tract; thence along said centerline of the 10 foot alley in Block 8 South 35 °47'11" West, 120.00 feet to the northwesterly prolongation of the northeasterly line of Lot 4 in Block 8 of said Sea- shore Colony Tract: thence along said northwesterly prolongation, said northeasterly line and the southeasterly prolongation thereof EXHIBIT "B" - Page 1 • BK 14 103 PG 1052 South 54009'00" East, 114. 93 feet to the cente rline of Orange Street as said centerline is shown on said map of the Seashore Colony Tract; thence along said centerline and the southwesterly prolongation thereof South 35 °47'30" West, 137.17 feet to the northeasterly right -of -way line of the Pacif:c Electric Railway, being the northeasterly line of Tract No. 4400 as shown on a map recorded in Book 162, Pages 20 through 26 of said Miscellaneous Maps; thence along said northeasterly right -of -way line South 54 °02 "30" East, 118.67 feet to. the northeasterly prolongation of the line dividing Lots 7 and 3 in Block G of said Seashore Colony Tract; thence along said northeasterly prolongation, said dividing line and the . southwesterly prolongation thereof South 35 °57'30" West, 276.10 feet to said centerline of Ocean Front as said street is shown on said map of the Seashore Colony Tract; thence along said centerline North 550 51'30" West, 1520_ 68 feet to the POINT OF BEGINNING. I i CONTAIN z7G 21.383 Acres, more or less .k:. EXHIBIT "B" — Page 2 BK 14 1 03 Po 1 053 X I'R rl 3 `�I i c z I J Qz n MJ s Li co L i W 1 O \� e y ��� \� +---- may W I .rJILJ Iif _ W tit VIA • RY{9 °° ° - ' _ J I IIII o "�� �� of C i j i M• U LD� -_ a cc LU eO F— \9: �c� l :I Kezar Rer.zzlsnn , r s a o' ' a Q 90 4:f-n2 EXHIBIT "C" 22 WHEN RECORDED MAIL TO: EXEMI % CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 1 C y Clark X5 B 4!03P61054 JK/MM 5/4/81 RECORDED IN OFFICIAL OF ORANGE COUIM, CALIFORNIA -409 PM JUN 16'81 LEE A. BRANCH. County Recorder r° MAIL TAX STATEMENTS TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 a 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 THE SUM OF ONE HUNDRED SEVENTY -FIVE DOLLARS ($1.75.00) AND OTHER VALUABL8"CONSIDERATION, receipt of which is hereby acknowledged, SEASHORE APARTMENTS, a Limited Partnership hereby GRANT(S) and conveys to the CITY OF NEWPORT BEACH, a municipal corporation, and its successors and assigns, a perpetual easement and right of way to drill, test, com- plete, equip, maintain, repair, clear, redrill, deepen, operate, produce, dismantle (remove casing and other equip- ment from), plug and abandon under and through the subsur- face of that certain real property hereinafter described in which Grantor has reserved the right to control subsurface pass- through easements ( "Grantor's real property" herein) at a depth not less than Four Hundred (400) feet measured ver- tically below the surface thereof, a well or wells for the purpose of exploring for and /or producing oil, gas and /or other hydrocarbon substances; the easement and right of way granted herein shall lie under that certain parcel of real property situated in the City of Newport Beach, County of Orange, State of California, and more particularly described in Exhibit "A" to this Deed and such description by this re- ference is made a part hereof as though set forth at length. SUBSURFACE PASS - THROUGH EASEMENT (G), Page 1 ip 0 0 s-; 1 4' 03 Pe 1 05S 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 anyf 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 hereby agrees that should it be determined that Grantor does not own the rights granted herein as of the date of execution herein, 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 accel)t 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- 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. SUBSURFACE PASS- THROUGH EASEMENT (G), Page 2 • • • 8,� 1410 3PG 10 513 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 May , 1981. SEASHORE APARTMENTS, a Limited Partnership By VISTAR FINANCIAL, INC., General Partner Donald P. Novack, President (Corporation as a Partner of a / -- Partnership) STATE OF CALIFORNIA j I O 3 Pe 1 C5 COUNTY OF e } SS. ry kW � W z a QTITIE INSURANCE ro NDTRUST Dt 1 -I Y b I —"' a ncon coua,nr said Slate, personally alil)ea_red �11 � before nl a n ore to e, the undersigned, _President,�y a Notary Public in the of --l./,.�G {4 II and for cor or h Q ✓ZC l,q,( �h kngwn to me to be the men, o met to b' d, persons xeced the within instrum� t. and ---�__ on behalf of said cor executed the with poration, said hm instru. k own to me to h corporation being -Q.45 {lOrgte n e of the �palrrtnerrss of that executed the wit .., `tC!kl SEAL ^^ that such cor ihi instrument, and ack the partnership that such poration e.recuied the s nowledged to me .� partnership c.secuted the same. a as such partner and �'�'- �,� r �- UEf-? WITN$SSm r.11 vnr,; i,q Y hand and official seal L 1 Q ,r u - e� ut Signatu 1r, hip Commrssion EEpires July 9, ]922 (rhs a,ca 4,r nRiala� 4�tar;;, �.. +eau A. • • STATE OF CALIFORNIA COUNTY OF ORANGE ) ss. On , undersigned, a Notary Public in and ally appeared B 14 1 03 P6 1 0 5) 8 19 , before me, the for said State, person- known to me to be one of the partners of the limited part - nership that executed the within instrument, and acknowl- edged to me that such limited partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand this day of 19 Notary Public in and for said County and State CERTIFICATE OF ACCEPTANCE Government Code Sec. 27281 This is to certify that the interest in real property conveyed by the Deed as set forth above to the CITY OF NEWPORT BEACH is hereby accepted by the undersigned officer or agent on behalf of the City Council of such City pursuant to authority conferred by an adopted resolution by the City Council dated May 13, 1968 , and the Grantee consents to recordation thereof by its duly authorized officer or agent. IN WITNESS WHEREOF, I � ve hereunto set my hand this �. day of ' ") . 194. SUBSURFACE PASS - THROUGH EASEMENT (G), Page 4 Parcel No. G -138 LEGAL DESCRIPTION PARCEL 1: 8K 14 103 PG 1053 Lot 5 in Block 11 of Seashore Colony Tract, in the City of Newport Beach, County of Orange, State of California, as per map recorded in book 7, page 25 of Miscellaneous Maps, in the office of the County Recorder of said Cc,anty, together with the southeasterly half of the alley adjoining said lot on the northwest, vacated by Resolution No. 5833 of the City Council of the City of Newport Beach, recorded August 14, 1963 as Document No. 12947 in book 6675, page 813 of official records. PARCEL 2: An easement for ingress and egress, in the City of Newport Beach, County of Orange, State of California, over David Drive (private street) having widths of 15.00 feet and 50.00 feet as shown on a parcel map filed in book 86, pages 28 and 29 of Parcel Maps, in the office of the County Recorder of said County. EXCEPT THEREFROM that portion included within Parcel 1 above described. EXHIBIT "A" • OESCRIPTIOtl B 14 i 03 PG 1 033 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 (for-merly Ocean Avenue) as said street is shown on a map of the Seashore Colony Tract recorded in Book 7, Page 25 of Miscellaneous Maps in the Office of the County Recorder of said County with the northwesterly boundary line of the City of Newport, Beach, said northwesierly boundary line being the southeasterly lire of Summit Street, 30.00 feet in width, as shown on said map of the Seashore Colony Tract, said point of beginr.'ng 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`.ficial Records of said County; thence along said last mentioned boundary line through the following courses: along said northwesterly boundary line of the City of Newport Beach North 35-57'30" 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 map filed in Book 65, Pages 31 through 36 of Records of Surreys in the Office of the County Recorder of said County; thence along said centerline South 78 000122" East, 515.70 feet and South 66°42'20' East, 643.27 feet to the northerly prolongation of the line dividing Lots 6 and 7 in Block 11 of Tract No. 772 as shown on a map recorded in Book 23, Pages 5 and 6 of said Miscellaneous Maps; thence along said northerly prolongation, said dividing Line and the southerly prolongation thereof South 7 044151" West 148.87 feet to a point on a curve in the centerline of Canal Street as said street is shown on said map of Tract No. 772, said curve being concave northerly and having a radius of 685.00 feet; thence easterly along "said curve and centerline 10. 63 feet through a central angle of 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`!ieasterly line of Lot 10 and the southeasterly prolongation thereof South 54 °09'00" East, 104.94 feet to the centerline of the 10 foot alley in said Block 8; thence along said centerline of the 10 foot alley South 35 °51'00" West, 90.00 feet to the southwesterly line of said Tract No. 772 and a point in the centerline of the 10 foot alley in Block 8 of said Seashore Colony Tract; thence along said centerline of the 10 foot alley in Block 8 South 35 °47'11" West, 120.00 feet to the northwesterly prolongation of the northeasterly line of Lot 4 in Block 8 of said Sea - shore Colony Tract; thence along said northwesterly prolongation, said northeasterly line and the southeasterly prolongation thereof EXHIBIT "B" - Page 1 SK 14 103 pe 1 0�9 South 54 °09'00" East, 114.93 feet to the centerline of Orange Street as said centerline is shown on said map of the Seashore Colony Tract; thence along said centerline and the southwesterly prolongation thereof South 35 °47130" Nest, 137. 17 feet to the northeasterly right -of -way line of the Pacific Electric Railway, being the northea- sterly 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 54oO2'30" 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 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, 15204 68 feet to the POINT OF BEGINNING. I, i CONTALNLVG 21.383 Acres, more or less y. EXHIBIT "B" - Page 2 • Sx 1 4 1 03 PG 10 6 2 �S \ Y� y pz p t gT 8• � �.�, ICI Q �;; O s -- r 8(� 2 hh�� LL 'W� 4 F 11 �FiF r 8• g• o m••T� 1 nlII Y O aeys+ a s s UU L_ /Ys• .Zo 3 W f 1 +113s•' v sonrvp rr s 1 a $ � \ .�•i eJ 1 �y \�j .,�4I1 �IS I la I � Vi yn T7 a$ory V < FJ 1l U , Or v.f—mz EXHIBIT 11C" r� WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport-- Beach, California Clark MAIL TAX STATEMENTS TO: E IL I o 9266 EXEMPT C3 J CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 926 -63 S � gg 41.:9 �L.L JUL 6 19 31 c� Q K ' I V J 4 ^ J JK /MM 5/4/81 ia1 cwt :43—r RECORDED M OFFIGAE RECORDS OF 02A80E COUNN. CAUFORNIA -400 a,-4 XV16'81 LEE A. 8 "AUH, 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 THE SUM OF ONE HUNDRED SEVENTY -FIVE DOLLARS ($175.00) AND OTHER VALUABLE- CONSIDERATION, receipt of which is hereby acknowledged, NEPTUNE APART11ENTS, a Limited Partnership hereby GRANT(S) and conveys to the CITY OF NEWPORT BEACH, a municipal corporation, and its successors and assigns, a perpetual easement and right of way to drill, test, com- plete, equip, maintain, repair, clear, redrill, deepen, operate, produce, dismantle (remove casing and other equip- ment from), plug and abandon under and through the subsur- face of that certain real property hereinafter described in which Grantor has reserved the right to control subsurface pass- through easements ( "Grantor's real property" herein) at a depth not less than Four Hundred (4.00) feet measured ver- tically below the surface thereof, a well or wells for the purpose of exploring for and /or producing oil, gas and /or other hydrocarbon substances; the easement and right of way granted herein shall lie under that certain parcel of real property situated in the City of Newport Beach, County of Orange, State of California, and more particularly described in Exhibit "A" to this Deed and such description by this re- ference is made a part hereof as though set forth at length. SUBSURFACE PASS- THROUGH EASEMENT (G), Page 1 C� B 14 3P �o The rights granted herein to Grantee are for the pur- pose of drilling for, producing, extracting, taking, and removing oil, gas and other hydrocarbon substances by means of slant holes or wells drilled through and beneath the lands described in Exhibit "B," which by this reference is made a part hereof as though set forth at length, into tide waters beneath the Pacific Ocean and connecting waters; pro- vided, however, that the provisions of this instrument shall not entitle the Grantee, in anyf 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 hereby agrees that should it be determined that Grantor doers not own the rights granted herein as of the date of execution herein, 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- 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. SUBSURFACE PASS - THROUGH EASEMENT (G), Page 2 Ll B 14 1 03 Pu 1 00 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 llthday of May , 1981. TO 1.5. CA 1B -]91. (Corporation as a Partner of a Partnership) �N 6 w x ii STATE OF CALIFORNIA COUNTY NEPTUNE P.PFFRTDIENTS , a LimYtec. Partnership VISTAR FINANCIAL, INC., General Partner Grantor By Donald P. Novack; President PY BV� 14 103 Pe 1066 SS. i QINSURANCE W TRUST, ATICOP COMPANY On__ y _U tA I I, I Lf 13 ( before me, the undersigned, a Notary Public in and for said State, personally appeared DO/1Q /t ( (A � . I I OVa LIB , known to me to be the President, wl.wumilr of _Uj's.,tQ_r_.ELhQjqsLal., 10C-1— the corporation that executed the within Instrument and known to me to be the persons who executed the within instru- ment on behalf of said corporation, . said corporation being known to me to/be one of the partners of_ _ Qn Q, .Sd {r-�QL -1.. �(It. S__._,1he partnership that executed the within instrument, and acknowledged to me . that such corporation executed the same as such partner and that such partnership executed the same. W ITNFSS my hand and official cPal Signatu Q LI/� (L wM I Uj_CW_ OFFICIAL SEAL T `•� LAURIE ANN HUGER 1 � � P401ARY tlleLIC— CALIFORNIA /� 1 RINCII'TL OFFICE IN ;. r LOS AN'UELES COUNTY pty Cammissicn Ezplres July 9, 1532 (This area for othcMl notarial seal) SUBSURFACE PASS— THROUGH EASEMENT (G), Page 3 STATE OF CALIFORNIA ss. COUNTY OF ORANGE On , undersigned, a Notary Public in and ally appeared BK 14 iO3pe 10^7 19 r before me, the for--said State, person- known to me to be one of the partners of the limited part- nership that executed the within instrument, and acknowl- edged to me that such limited partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand this day of , 19_ Notary Public in and for said County and State CERTIFICATE OF ACCEPTANCE Government Code Sec. 27281 This is to certify that the interest in real property conveyed by the Deed as set forth above to the CITY OF NEWPORT BEACH is hereby accepted by the undersigned officer or agent on behalf of the City Council of such City pursuant to authority conferred by an adopted resolution by the City Council dated May 13, 1968 , and the Grantee consents to recordation thereof by its duly authorized officer or agent. IN WITNESS WHEREOF, I have hereunto set my hand this day of �` ( V , 19S. 722 LI/r.) SUBSURFACE PASS- THROUGH EASEMENT (G), Page 4 PARCEL 1: Parcel No. G -139 LEGAL DESCRIPTION 0 BK 14 1 03 PG 1 00? Lot 6 in Block 11 of Seashore Colony Tract, in the City of Newport Beach, County of Orange, State of California, as per map recorded in book 7, page 25 of Miscellaneous Maps, in the office of the County Recorder of said County, together with the southeasterly half of the alley adjoining said lot on the northwest, vacated by Resolution No. 5833 of the City Council of the City of Newport Beach, recorded August 14, 1963 as Document No. 12947 in book 6675, page 813 of official records. PARCEL 2: An easement for ingress and egress, in the City of Newport Beach, County of Orange, State of California, over David Drive (private street) having widths of 15.00 feet and 50.00 feet as shown on a parcel map filed in book 86, pages 28 and 29 of Parcel Maps, in the office of the County Recorder of said County. EXCEPT THEREFROM that portion included within Parcel 1 above described. EXHIBIT "A" 0 0 8K 14 10 3 Pe 10 G 9 DESCRIPTION Oxbow Oil Production Condemnation All those certain lands situated in the City of Ilewoort Beach, County of Orange, State of California, more particular described as follows: PARCEL "G "; Beginning at the intersection of the centerline of Ocean Front (fornerly Ocean Avenue)as saidstreetis shown on a map of the Seashore Colony Tract recorded in Book 7, Page 25 of Miscellaneous Maps in the Of ice 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 lire of Sum-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 O.`ficial Records of said County; thence along said last mentioned boundary line through the following courses: along said northwesterly boundary line of the City of Newport Beach North 35057130" East 472.31 feet to the centerline of the Santa Ana River as described in Case No. 22791 of the SuaeriorCourt of the State of California in and 'or the County of Orange and as shown on a rnap 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 78000'22" East, 515.70 feet and South 66 °42'20" East, 643.27 feet to the northerly prolongation of the line dividing Lots 6 and '7 in Block 11 of Tract No. 772 as shown on a map recorded in Book 23, Pages 5 and 6 of said Miscellaneous Mans; thence along said northerly prolongation, said dividing line and the southerly prolongation thereof South 7 044151" West 148.87 feet to a point on a curve in the centerline of Canal Street as said street is shown on said map of Tract No. 772, said curve being co icave northerly and having a radius of 685.00 feet; thence easterly along said cizr- ve:and centerline 10, 63 feet through a central angle of 0 °53'21" to the centerline of Fern Street as said street.is shown on said map of Tract No. 772; thence along said centerline of Fern Street South 35°51'00" West, 26.45 feet to the north- westerly prolongation of the northeasterly line of Lot 10 in Block 8 of said Tract No. 772; thence along said northwesterly prolongation, said northeasterly line of Lot 10 and the southeasterly prolongation thereof South 54 °09'00" East, 104.94 feet to the centerline of the 10 foot alley in said Block 8; thence along said centerline of the 10 foot alley South 35 °51'00" West, 90.00 feet to the southwesterly line of said Tract No. 772 and a point in the centerline of the 10 foot alley in Block 8 of said Seashore Colony Tract; thence along said -enterline of the 10 foot alley in Block 8 South 35 047'11" West, 120:00 feet to the northwesterly prolongation of the northeasterly line of Lot 4 in Block 8 of said Sea shcre Colony Tract; thence along said nor�hwesterly prolongation, said northeasterly line and the sou:heasterly prolongation thereof EXHIBIT "B" - Page 1 BK 1 4 1 03 P6 1 07 South 54 °09'00" East, 114.93 feet to the centerline of Orange Street as said centerline is shown on said map of the Seashore Colony Tract; thence along said centerline and the southwesterly prolongation thereof South 35 °47'30" West, 137.17 feet to the northeasterly right- of -way line of the Pacific Electric Railway, being the northeasterly line of Tract No. 4400 as shown on a map recorded in Book 162, Pages 20 through 26 of said \Qiscellaneous Maps; thence along said northeasterly right -of -way line South 54 °02'30" East, 113.67 feet to. the northeasterly prolongation of the line dividing Lots 7 and 3 in Block G of said Seashore Colony Tract; thence along said northeasterly prolongation, said dividing line and the southwesterly prolongation thereof South 35 057'30 West, 276.10 feet to said centerline of Ocean Front as said street is shown on said map of the Seashore Colony Tract; thence along said centerline North 55° 51'30" West, 1520. 68 feet to the POINT OF BEGINNING. �. CONTAIINTING 21.333 Acres, more or less F�. M EXHIBIT "B" - Page 2 • 0 BK 14 1 03 PG 10 7 q i a X 6� Y 41a 3S =r z - lk r J `�• 3 n uj ° U I� l__ W � - d.00iy EXHIBIT "C" • WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California C4 Clerk _ deed No. &S MAIL TAX STATEMENTS TO: r 9266 EXEMPT C8 CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 0 JK /MM 5/4/81 I :;� RECORDED IN OFFICIAL RECORDS OF ORANGE COUNW, CALIFORNIA -400 PM JUN 16'81 LEE A. BRANCH, County Recorder DOCUMENTARY TRANSFER TAX i, Computed on the con- sideration or value of f property conveyed. .Computed on the con - sideratic -' 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 THE SUM OF ONE UUNDRED SEVENTY -FIVE DOLLARS ($175.00) AND OTHER VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, COAST APARTMENTS, a Limited Partnership hereby GRANT(S) and conveys to the CITY OF NEWPORT BEACH, a municipal corporation, and its successors and assigns, a perpetual easement and right of way to drill, test, com- plete, equip, maintain, repair, clear, redrill, deepen, operate, produce, dismantle (remove casing and other equip- ment from), plug and abandon under and through the subsur- face of that certain real property hereinafter described in which Grantor has reserved the right to control subsurface pass- through easements ( "Grantor's real property" herein) at a depth not less than Four Hundred (400) feet measured ver- tically below the surface thereof, a well or wells for the purpose of exploring for and /or producing oil, gas and /or other hydrocarbon substances; the easement and right of way granted herein shall lie under that certain parcel of real property situated in the City of Newport Beach, County of Orange, State of California, and more particularly described in Exhibit "A" to this Deed and such description by this re- ference is made a part hereof as though set forth at length. SUBSURFACE PASS- THROUGH EASEMENT (G), Page 1 6K 14 03 Pc 10 7 .3 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 anyf 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 hereby agrees that should it be determined that Grantor does not own the rights granted herein as of the date of execution herein, 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- 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. SUBSURFACE PASS- THROUGH EASEMENT (G), Page 2 J& 0 • B ?4 103 PG i1-!7' 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 May , 1981, COAST APARTMENTS a Linited Partnership VISTAR FINANCIAL, INC., General Partner Grantor By( Donald P. Novack, President A. TO orso a ie.(al _ , / 1 O 3 P6 1 V 7 5 "d TITLE TITLE INSURANCE (Corporation as a Partner of a Partnership) BK `i- f MW STATE OF CALIFORNIA SS. k l ArCON COMPANY I } COUNTY OF �S eles JJJ T +f1W lW J 1 c 1 On (L I I 1 ,A ,before me, the undersigned, a Notary Public in and for hAAAILi f �OU��� , known to me to be the said State, personally appeared ` Pres'i'dent, wW I ithin instrument and the corporation that executed t e w l known to me to be the persons who executed the within instru- ment on behalf of said corporation, said corporation being known to me to be one of the partners of —_._— [paaa _(Q A� Y�1P.11t� -- the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. i d- I s 1 WITNESS my hand an o. ca ea . Signatur4e,!_1 x44844 —" (This area for official no,a,ml seal) SUBSURFACE PASS - THROUGH EASEMENT (G), Page 3 } STATE OF CALIFORNIA COUNTY OF ORANGE ss. ) On , undersigned, a Notary Public in and ally appeared BK, 14 1 03 PG 1 070 19 , before me, the for said State, person- known to me to be one of the partners of the limited part - nership that executed the within instrument, and acknowl- edged to me that such limited partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand this day of , 19_ Notary Public in and for said County and State CERTIFICATE OF ACCEPTANCE Government Code Sec. 27281 This is to certify that the interest in real property conveyed by the Deed as set forth above to the CITY OF NEWPORT BEACH is hereby accepted by the undersigned officer or agent on behalf of the City Council of such City pursuant to authority conferred by an adopted resolution by the City Council dated May 13, 1968 , and the Grantee consents to recordation thereof by its duly authorized officer or agent. IN WITNESS WHEREOF, I have hereunto set my hand this day of - SUBSURFACE PASS - THROUGH EASEMENT (G), Page 4 i. • • Parcel No. G -140 LEGAL DESCRIPTION PARCEL 1: BK 14 10 3 PG 10 7 7 Lot 7 in Block 11 of Seashore Colony Tract, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 7, page 25 of Miscellaneous Maps, in the office of the County Recorder of said County, together with the southeasterly half of the alley ad-jining said lot on the northwest, vacated by Resolution No. 5833 of the City Council of the City of Newport Beach, recorded August 14, 1963 as Document No. 12947 in Book 6675, page 813 of Official Records. PARCEL 2: An easement for ingress and egress, in the City of Newport Beach, County of Orange, State of California, over David Drive (private street) having widths of 15.00 feet and 50.00 feet as shown on a parcel map filed in Book 86, pages 28 and 29 of Parcel Maps, in the office of the County Recorder of said County. EXCEPT THEREFROM that portion included within Parcel 1 above described. EXHIBIT "A" BK 14 1103 PG 1 073 DESCRIPTION Oxbocr Oil Production Condemnation All those certain lands situated in the City of Plewoort 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 sho%vn on a man of the Seashore Colony T ract recorded in Boor. 7, Page 25 of Miscellaneous Maps in the Office of the County Recorder of said County with the northwesterly boundary line of the City of Newport Beach, said northwesterly boundary line being the southeasterly line of Summit Street, 30. 00 feet in width, as shown on said map of the Seashore Colony Tract, said point of beginning being a point in the boundary line of the land described in the parcel entitled "E:iHIBIT 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 35057130" 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 Sur -,,eys in the Office of ;the County Recorder of said County; thence along said centerline South 78 °00'22" East, 515.70 feet and South 66 °42'20" East, 643.27 feet to the northerly prolongation of the line dividing Lots 6 and 7 in Block 11 of Tract No. 772 as shown on a map recorded in Book 23, Pages 5 and 6 of said Miscellaneous 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 n:ap of Tract No. 772, said curve being concave northerly and having a radius of G35.00 feet; thence easterly along said curve and centerline 10.63 feet through a central angle of 0'53'21" to the centerline of Fern Street aS said street.is shown on said map of Tract No. 772; thence along said centerline of Fern Street South 35 °51100" West, 26.45 feet to the north- westerly prolongation of the northeasterly line of Lot 10 in Block 8 of said Tract No. 772; thence along said northwesterly prolongation, said nortl 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 35-5l'00" West, 90.00 feet to the southwesterly line of said Tract No. 772 and a point in the centerline of the 10 foot alley in Block 8 of said Seashore Colony Tract: thence along said centerline of the 10 foot alley in Block 8 South 35 047'11" West, 120.00 feet to the northwesterly prolongation of the northeasterly line of Lot 4 in Block 8 of said Sea - shore Colony Tract: thence along said northwesterly prolongation. said northeasterly line and the southeasterly prolongation thereof EXHIBIT "B" - Page l ex 14 110 3 PG 10 7 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" Pest. 137.17 feet to the northeasterly right -of -way line of the Pacific Electric Railway. being the northeasterly line of Tract No_ 4400 as shown on a map recorded in Book 162, Pages 20 through 26 of said Miscellaneous Maps; thence along said northeasterly right -of -way line South 54 °02130" East. 118.67 feet to. the northeasterly prolongation of the line dividing Lots 7 and 8 in Block G of said Seashore Colony Tract; thence along said northeasterly prolongation, said dividing line and the southwesterly prolongation thereof South 35 °57'30" Pest. 276.10 feet to said centerline of Ocean Front as said street is shown on said map of the Seashore Colony Tract; thence along said centerline North 550 51'30" West, 1520. 68 feet to the POINT OF BEGINNING. J; CONTAINING 21.383 Acres. more or less o. EXHIBIT "B" - Page 2 BK 14 10 3 PG 103-D lEAl 4 0 NL ' I hL ICI = i g y ° I _ as w/ - • OII 3° mry f5 \ Uii R `e �— � I ^ � t W W U IL, l _ 4JEll cc V. wns 'E[Y [0E( S[l�lln 6 O EXHIBIT '[C[E NC's RF _CJl� vEa WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California t4- 151859 EXEMPT CIO 92663 1 City Cle'k (EXEMPT UNDER GOVERNMENT CODE SECTION 6103) JK /MM 12/8/80 Parcel G -141 WORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA -1255 PM APR 12 '84 MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport (��a�ifornia COUNTY RECORDER .Computed on the con- 92663 sideration or value of / property conveyed. Computed on the con- 7 sideration or value less liens or encumbrances re- maining at time of sale. Signature of Declarant or Agent determining tax - - Firm Name SUBSURFACE PASS- THROUGH EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, DAVID B. KAGNOFF hereby GRANT(S) and conveys to the CITY OF NEWPORT BEACH, a municipal corporation, and its successors and assigns, a perpetual easement and right of way to drill, .test, com- plete, equip,'maintain, repair, clear, redrill, deepen, operate, produce, dismantle (remove casing and other_ equip- ment from), plug and abandon under and through the subsur- face of that certain real property hereinafter described in which Grantor has reserved the right to control subsurface pass- through easements ( "Grantor's real property" herein) at a depth not less than Four Hundred (400) feet measured ver- tically below the surface thereof, a well or wells for the purpose of exploring for and /or producing oil, gas and /or other hydrocarbon substances; the easement and right of way granted herein shall lie under that certain parcel of real property situated in the City of Newport Beach, County of Orange, State of California, and more particularly described in Exhibit "A" to this Deed and such description by this re- ference is made a part hereof as though set forth at length. SUBSURFACE PASS - THROUGH EASEMENT (G), Page 1 MAIL TAX STATEMENTS TO RETURN ADORESS ABM! 84- 151859 1. The rights granted herein to Grantee are for the pur- pose of drilling for, producing, extracting, taking, and removing oil, gas and other hydrocarbon substances by means of slant holes or wells drilled through and beneath the lands described in Exhibit "B," which by this reference is made a part hereof as though set forth at length, into tide waters beneath the Pacific Ocean and connecting waters; pro- vided, however, that the provisions of this instrument shall not entitle the Grantee, in any of its operations hereunder, to use any part of the Grantor's real property between the surface of the lands described in Exhibit "A" attached here- to and the depth above- specified, or to bottom any well within the boundaries of the Grantor's real property. A plat showing the area affected by such easement is attached hereto as Exhibit "C." This grant is made on the condition that Grantee, in its drilling and production operations, shall use and in- stall materials of good quality and condition, and all wells shall be drilled and maintained by Grantee in the best work- manlike manner and in accordance with good oil field prac- tice, and all water sands encountered therein shall be, ef- fectively and in a proper manner, plugged off; all drilling and other operations of Grantee hereunder shall at all times be conducted in a good and workmanlike manner and so as to prevent and avoid danger of any injury or damage therefrom to the property of Grantor; and Grantee shall take all rea- sonably necessary precautions to prevent the discharge or escape of mud, oil, debris or other matter onto the beach or adjoining property or into the waters of the Pacific Ocean. Grantor further makes this grant on condition that Grantee, as compensation for the easement and right of way granted hereunder, shall pay to Grantor a sum equal to such proportionate share of three and two hundred seventy -five thousandths percent (3.2758) of the market value of all oil, gas and other hydrocarbon substances produced, saved and sold by means of any and all oil wells drilled and /or operated by Grantee during the term hereof under and through any part or parts of the lands described in Exhibit "B" hereto and bottomed beyond the outer boundaries described in Exhibit "B," as the square footage of Grantor's real prop- erty, as described in Exhibit "A ", bears to the total square footage of the lands lying within the outer boundaries of Exhibit "B," excluding public streets and highways owned in fee simple by the City of Newport Beach and also any lands owned in fee simple by the City of Newport Beach, and fur- ther excluding streets and lands lying within the former Pacific Electric Railway Company right of way; provided, however, that Grantor shall not be entitled to any compen- sation based upon oil lost through evaporation, leakage, or otherwise, or upon gas used, consumed or lost in extraction of gasoline, or upon any oil or gas used in connection with any well drilled or operated hereunder, or upon any gas which is used for repressuring any oil bearing formation in an attempt to further production from any such well or wells; nor shall Grantee be obligated hereunder to save any gas, except as there is a reasonable market and value for the same. Grantee shall be entitled to deduct from the compen- sation hereunder the Grantor's proportionate share of any SUBSURFACE PASS - THROUGH EASEMENT (G), Page 2 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 sane 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 64- 151859 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 sane 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 �4- 151859 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 S --j day of f in , 198 /• ADDRESS OF GRANTOR TO WHICH COMPENSATION PAYMENTS ARE TO BE SENT: /�!i C J N e l E [l7� ] /+ Ce /or I' .� DAVID B. KAGNOFF, branGor Grantor SOCIAL SECURITY NUMBER? V'_ SUBSURFACE PASS - THROUGH EASEMENT (G); Page 4 STATE OF CALIFORNIA COUNTY OF On said f4- 151859 J Ss. y before me, the undersigned. a Notary Public in and for Personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name .tip- subscribed to the within instrument and acknowledged that -�- exe- cuted the same. WITNESS my hand and official seal. Signature-- �'Y�- !2.��c� O OFFIOAL SEAL MARJIE ALLEN NOTARY W - C. ." n� °'vA YRINCfYAL Cp"' 1" (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 Mall ig, �g68 , and the Grantee consents to recordation thereof by its duly authorized officer or agent. IN WITNESS WHEREOF, I have hereunto set my hand this day of t_ SUBSURFACE PASS- THROUGH EASEMENT (G), Page 5 OW P- +- 151859 Parcel No. G -141 LEGAL DESCRIPTION A portion of Lot B, Block 11, Seashore Colony Tract, City of Newport Beach, County of Orange, State of California. EXHIBIT "A" E4- 151859 DESCRIPTION Oxbow Oil Production Condemnation All those certain lands situated in the City of Newport Beach, County of Orange, State of California, more particular described as follows: PARCEL "G ": Beginning at the intersection of the centerline of Ocean Front (formerly Ocean Avenue) as said street is shown on a map of the Seashore Colony Tract recorded in Book 7, Page 25 of Miscellaneous Maps in the Office of the County Recorder of said County with the northwesterly boundary line of the City of Newport Beach, said northwesterly boundary line being the southeasterly line of Summit Street, 30.00 feet in width, as shown on said man of the Seashore Colony Tract, said point of beginning being a point in the boundary line of the land described in the parcel entitled " ENHIBIT A TO SUBSURFACE EASEMENT" recorded in Book 2824, Page 391 of Official Records of said County; thence along said last mentioned boundary line through the following courses: along said northwesterly boundary line of the City of Newport Beach North 350 57130" East 472. 31 feet to the centerline of the Santa Ana River as deserribed in Case No. 22797 of the Supec:orCourtof the State of California in and for the County of Orange and as shown on a map filed in Book 65, Pages 31 through 36 of Records of Surveys in the Office of .the County Recorder of said County; thence along said centerline South 73 000'22" East, 515.70 feet and South 660"2'20" East, 643.27 feet to the no'.--the . rly prolongation of the line dividing Lots 6 and 7 in Block 11 of Tract No. 772 as shown on a map recorded in Book 23, Pages 5 and 6 of said Miscellaneous Maps: thence along said northerly prolongation, said dividing line and the southerly prolongation thereof South 7 °44151" West 148.87 feet to a point on a curve in the centerline of Canal Street as said street is shown on said man of Tract No. 772, said curve being concave northerly and having a radius of G85.00 feet; thence easterly along said curve and centerline 10. 63 feet through a central angle of 0 °53'21" to the centerline of Fern Street as said street.is shown on said map of Tract No. 772; thence along said centerline of Fern Street South 35 °51100" West, 26.45 feet to the north- westerly prolongation of the northeasterly line of Lot 10 in Block 8 of said Tract No. 772; thence along said northwesterly prolongation, said nort!- easterly line of Lot 10 and the southeasterly prolongation thereof South 54 °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 c enterline of the 10 foot alley in Bock 8 South 35047'11" West, 120.00 feet to the northwesterly pro'ongation of the nort`:easterly line of Lot 4 in Block 8 of said Sea- shore Colony Tract: thence along said northwesterly prolongation, said northeasterly line and the southeasterly prolongation thereof EXHIBIT "B" - Page 1 &4- 151859 South 54 °09'00" East, 114.93 feet to the centerline of Orange Street as said centerline is shown on said map of the Seashore Colony Tract; thence along said centerline and the southwesterly prolongation thereof South 35 °47130" Nest, 137. 17 feet to the northeasterly right -of -way line of the Pacific Electric Railway, being the northeasterly line of Tract No. 4400 as shorn on a man recorded in Book 162, Pages 20 through 26 of said Miscellaneous Maps: thence along said northeasterly right -of -way line South 54 °02'30" East, 118.6'7 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 55° 51'30" West, 1520. 68 feet to the POINT OF BEGINiNING. I i CONTaINLNG 21.333 Acres, more or less EXHIBIT "B" - Page 2 - 84- 151859 r R\ t f \\'�IQ�i/ p a e % \ =3\\i I I--^1 a I - $I i a Lt., Oli i 8 ° s w e w 3 w ul LL: Q ti b � O z co F Rio Iwo r„ 3 (a- 1- /J�J Bm li 3 bj IC , O V)i W I W �- j� \\\� o a a 8 I 8 m �,s .. � --...I . I- l Q ICI i= a I W p a= six /oii'C` °\ w° 3p� y a w,a z C W o W w EXHIBIT "C" 0 WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California City Clerk f Deed MAIL TAX STATEMENTS TO: G"J {L'i L / \L1YI�� 9266 C8 CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 +,a i 3 1B� 69 � 0 B 1, 4 1 03 P6 iu) v JK /MM 5/4/81 RECORDED IN OFFiCIAI RECORDS Oi ORANGE C001171f, CAIIFORNtA -4 ao pM JUN 16 '81 LEE A ER?Xlf, County Recorder DOCUMENTARY TRANSFER TAX . . .Computed on the con- % v 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 THE SUM OF ONE HUNDRED SEVENTY -FIVE DOLLARS ($175.00) AND OTHER VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, b'IARINA APARTMENTS, a Limited Partnership, BALBOA APARTNENT , a Limited Partnership, and GRANT APARIIENTS, a Limited Part- nership, 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 �?h 4103 p6 X0 2 The rights granted herein to Grantee are for the pur- pose of drilling for, producing, extracting, taking, and removing oil, gas and other hydrocarbon substances by means of slant holes or wells drilled through and beneath the lands described in Exhibit "B," which by this reference is made a part hereof as though set forth at length, into tide waters beneath the Pacific Ocean and connecting waters; pro- vided, however, that the provisions of this instrument shall not entitle the Grantee, in anyf 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 hereby agrees that should it be determined that Grantor does not own the rights granted herein as of the date of execution herein, 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- 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. SUBSURFACE PASS - THROUGH EASEMENT (G), Page 2 4'03 Ps 1033 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 a cc i nna nF i_ • — r —,. —_ _� _ .- - -.. . TO 1955. CA (8-141 (Corporation as a Partner of a Partnership) MTITLE INSURANCE W a J a STATE OF CALIFORNIA COUNTY OF said State, personally BK 14 10 3 PG 10 8 4 ANDTRUST SS. ATlcoa co«war Rvmw" of _V.1)1(LI. rinMIC (M 1 0. - the corporation that executed the within instrument and known to me to be the persons who executed the within instru- ment on behalf of said corporation, said corporation being known to me to be one of the partners of _ MQ'(f._ %G Q`pilf }MentS the partnership that executed tth`ewithm: instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal SignatureQu'f'V''I'� •TO 195. CA I6 -].1 (Corporation as a Partner of a Partnership) W W �i W a `I< P STATE OF CA LI SS. COUNTY OF me, the undersigned. a Notary Public in and for . known tome to be the OFFICIAL SEAL LAUrM,E A ^diJ HUBE2 eral Partner NOI AR't PJ ' OMCLIFORNIA f L \ / PRiNC L OFFICE IIJ LOS AN(.CIES COUNTY My Commissiaa Expires July 9, 1982 (This area for official notarial w.0 JAND TRUSRANCE A TICoa COMPANY before me, the undersigned. a Notary Public in and for said State, persUrially appeared .1J0I1/,1 f(A r. 1 rU uuLj. , known to me to be the President, r i GIMP of USSf.L.J" I✓�Qf,' the corporation that executed the within instrument and known to me to be the persons who executed the within instru- ment on behalf of said corporation, said corporation being kf �own to �mee to be one of the partners of — �tSALI�c pft +1QY1t5 the partnership that executed the (thin instrument, and .acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal Signaturdaujak 00,4,_ TO 195. CA (851.) •_ - (Corporation as a Partner of a Partnership) W x a STATE OF CALIFORNIA SS. COUNTY OF Partner Ileral Partner (This area for official notarial ses.D TITLE INSURANCE ANDTRUST Alcoa coMVAMT On I" x (Ai `1 1 , before me, the undersigned, a Notary Public in and for said State, personally aooeared ona id� Y)O UQGk , known tome to be the President.�� - -_ `tMV of _V15t�r F Inane aa(, . nS -. the corporation that executed the within instrument and known to me to be the persons who executed the within instru- ment on behalf of said corporation, said corporation being . known to me tto� be one of the partners of__,_ _ }. t_'n—tnt1 ., the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal Signature _C\ AC f 6_1)" 9A,1WJ - ,. +... _,5555. ..., _..,.....i ....n 0 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On , undersigned, a Notary Public in and ally appeared 0 BK 14 1 03 PG 1035 19 , before me, the for said State, person- known to me to be one of the partners of the limited part- nerships that executed the within instrument, and acknowl- edged to me that such limited partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand this day of 19 Notary Public in and for said County and State CERTIFICATE OF ACCEPTANCE Government Code Sec. 27281 This is to certify that the interest in real property conveyed by the Deed as set forth above to the CITY OF NEWPORT BEACH is hereby accepted by the undersigned officer or agent on behalf of the City Council of such City pursuant to authority conferred by an adopted resolution by the City Council dated May 13, 1968 , and the Grantee consents to recordation thereof by its duly authorized officer or agent. IN WITNESS WHEREOF, I have hereunto set my hand this day of L? / 19n. SUBSURFACE PASS - THROUGH EASEMENT (G), Page 4 0 Parcel No. G -142 LEGAL DESCRIPTION • BK ] 4 03 P6 10 P. 6 PARCEL A: Parcel 1, in the City of Newport Beach, County of Orange, State of California, as shown on a parcel map filed in Book 86, Pages 28 and 29 of Parcel Maps, in the office of the County Recorder of said County. PARCEL B: An easement for ingress and egress, in the City of Newport Beach, County of Orange, State of California, over David Drive (Private Street) having widths of 15.00 feet and 50.00 feet as shown on a parcel map filed in Book 86, Pages 28 and 29 of parcel maps, in the office of the County Recorder of said county= .5+ EXCEPT THEREFROM that portion included within Parcel A above described. EXHIBIT "A" 0 0 B 1 4 1 03 P6 1 0)37 Parcel No. G -142 LEGAL DESCRIPTION PARCEL A: Parcel 2, in the City of Newport Beach, County of Orange, State of California, as shown on a parcel map filed in Book 86, Pages 28 and 29 of Parcel Maps, in the office of the county recorder of said county. PARCEL B: An easement for ingress and egress in the city of Newport Beach, County of Orange, State of California, over David Drive (private street) having widths of 15.00 feet and 50.00 feet as shown on a parcel map filed in Book 86, Pages 28 and 29 of Parcel Maps, in the office of the county recorder of said county. Except therefrom that portion included within parcel A above described. i, EXHIBIT "A" L • • aK 1 4 1 03 P6 1 10 33 G -142 LEGAL DESCRIPTION PARCEL A: Parcel 3, in the City of Newport Beach, County of Orange, State of California, as shown on a parcel map filed in Book 86, Pages 28 and 29 of Parcel Maps, in the office of the county recorder of said county. PARCEL B: An easement for ingress and egress in the City of Newport Beach, County of Orange, State of California, over David Drive (private street) having widths of 15.00 feet and 50.00 feet as shown on a parcel map filed in Book 86, Pages 28 and 29 of Parcel Maps, in the office of the county recorder of said county. Except therefrom that portion included within Parcel A above described. .y, EXHIBIT "A" 0 0 BK 14 1 03 Bo 1 08 0 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 11r , f: Beginning at the intersection of the centerline of Ocean Front (formerly Ocean Avenue)as saidstreetis shown on a map of the Seashore Colony Tract recorded in Book 7. Page 25 of Miscellaneous Maps in the Office of the County Recorder of said County with the northwesterly boundary line of the City of Newport Beach. said northwesterly boundary line being the southeasterly line of Summit Street. 30.00 feet in width. as shown on said map of the Seashore Colony Tract. said point of beginning being a point in the boundary lire of the land described in the parcel entitled "EXi -,IBIT A TO SUBSURFACE EASEMENT" recorded in Book 2824. Page 391 of Cfficial Records of said County: thence along said last mentioned boundary line through the following courses. along said northwesterly boundary line of the City of Newport Beach North 35-57130" East 472.31 feet to the centerline of the Santa Ana River as described in Case No. 22797 of the SupeciorCourtof the State of California in and for the County of Orange and as shovm 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 78000'22" East. 515.70 feet and South 66 042120" East. 643.27 feet to the northerly prolongation of the line dividing Lots 6 and 7 in Block 11 of Tract No. 772 as shown on a map recorded in Book 23. Pages 5'and 6 of said Miscellaneous 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 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 nortFeasterly line of Lot 10 and the southeasterly prolongation • thereof South 54 009'00" East. 104.94 feet to the centerline of the 10 foot alley in said Block 8: thence along said centerline of the 10 foot alley South 35 °51'00" West. 90.00 feet to the southwesterly line of said Tract No. 772 and a point in the centerline of the 10 foot alley in Block 8 of said Seashore Colony Tract: thence along said centerline of the 10 foot alley in Block 6 South 35 047'11" West. 120.00 feet to the northwesterly prolongation of the northeasterly line of Lot 4 in Block 8 of said Sea- shore Colony Tract: thence along said northwesterly prolongation. said nor,heas :erly line and the southeasterly prolongation thereof EXHIBIT "B" - Page 1 0 BK 14 103 PG 1 0S0 South 54 °09'00" East, 114.93 feet to the centerline of Orange Street as said centerline is shown on said map of the Seashore Colony Tract; thence along said centerline and the southwesterly prolongation thereof South 35. 47'30" West, 137.17 feet to the northeasterly right -of -way line of the Pacific Electric Railway, being the northeasterly line of Tract No. 4400 as shown on a mar recorded in Book 162, Pages 20 through 26 of said Miscellaneous Mans; thence along said northeasterly right -of -way line South 54 °02'30" East, 113.67 feet to. the northeasterly prolongation of the line dividing Lots 7 and 3 in Block G of said Seashore Colony Tract; thence along said northeasterly prolongation, said dividing line and the south, vesterly prolongation thereof South 35° 57'30" West, 276. 10 feet to said centerline of Ocean Front as said street is shown on said map of the Seashore Colony Tract; thence along said centerline North 55° 51'30" West, 1520. 63 feet to the POINT OF BEGINNING. I, i CONTALNEiG 21.383 Acres, more or less F6. EXHIBIT "B" — Page 2 BY, 14iO3P61091 1 y I 'fh 941 1% li Ij ( Jd E C n_ a as L 4i � 3 os'v .ys• ��'' ¢ d �n "O y ati- Gea.'f y IV 9 R y• 9J II 8 S / .Ni06 Is 35 3 Ls. 3.KI I (` _ n M z u ol Y K UN oo = w� 3 ol: Qi °B sss bdv 6. °a. LJLJ m DLO b-1. 1 V� m W W w re if tf lL io 50 1 � I( U gAp I } W V y C BO' IL °° I IF rI� r z i 'sue ns. 1 ollff\h.' !QZb 10f,LS fEn ` �'� JJ s: ° °\ Z w W ° c,F-mW EXHIBIT "C" 50 8K 1 4 1 f14 o6 1 0 Ito JK /MM 5/4/81 . EXEMPT � �'` t�-•� X4'3 WHEN RECORDED MAIL TO: C8 CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 926.63 RECORDED IN OFFICIAL RECORDS OF ORA40E COUNTY. CALIFORNIA -1045 AM JUN17'81 LEE A. BRANCV, COunfj Recof6ef 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 - s .X I C�p sideratic.i or value less 0)'CnA ✓\1 liens or encumbrances re- :,,II maining at time of sale. JUL g 19a1y iv 1 i VC r t G�LIf. Signature of Declarant or lj Agent determining tax - �- Firm Name SUBSURFACE PASS- THROUGH EASEMENT FOR THE SUM OF ONE HUNDRED SEVENTY -FIVE DOLLARS ($175.00) AND OTHER VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, PROSPECT APARTMENTS, a Limited Partnership hereby GRANT(S) and conveys to the CITY OF NEWPORT BEACH, a municipal corporation, and its successors and assigns, a perpetual easement and right of way to drill, test, com- plete, equip, maintain, repair, clear, redrill, deepen, operate, produce, dismantle (remove casing and other equip- ment from), plug and abandon under and through the subsur- face of that certain real property hereinafter described in which Grantor has reserved the right to control subsurface pass - through easements ( "Grantor's real property" herein) at a depth not less than Four Hundred (400) feet measured ver- tically below the surface thereof, a well or wells for the purpose of exploring for and /or producing oil, gas and /or other hydrocarbon substances; the easement and right of way granted herein shall lie under that certain parcel of real property situated in the City of Newport Beach, County of Orange, State of California, and more particularly described in Exhibit "A to this Deed and such description by this re- ference is made a part hereof as though set forth at length. SUBSURFACE PASS- THROUGH EASEMENT (G), Page 1 0 0 P, K 14 101 4 °6 1 G 4 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 anyf 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 hereby agrees that should it be determined that Grantor does not own the rights granted herein as of the date of execution herein, 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 G'rantor's real property and any claims pursu- 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. SUBSURFACE PASS - THROUGH EASEMENT (G), Page 2 • • ek'41r_,14P G 155 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 May , 1981• TO .... eA IB.]91 (Corporation as a Partner of a Partnership) STATE OF CALIFORNIA COUNTY OF --)n _O'S On I said State, PROSPECT APARTP`ENTS, a Limited Partnership By VISTAR FINANCIAL, -INC., General Partner Grantor B Donald Y. Novack, President TITLE INSURANCE 1 4 i G 4 P6 16 5 i 1=00 =A /,T[OP [OMP/.NY SS. WOOMW Of the corporation that executed the wuhin instrument an known to me to be the persons who executed the within instru- ment on behalf of said corporation, . said corporation being own to me to be one of.. the partners of— the partnership that exec ted the with n Instrument,. and acknowledged s ° and that such corporation executed the same as such partner that such partnership executed the same. WITNFSSmy hand and official seal. me; the undersigned, a Notafy Public in and for - known to me to be the IDFF;_IAL SEAL F'fY.r IF L OMCC 1 ^a L �uI My Commission Exp res July 9, 1932 (This area for official nomlial seal) SUBSURFACE PASS- THROUGH EASEMENT (G), Page 3 11 STATE OF CALIFORNIA COUNTY OF ORANGE ss. On , undersigned, a Notary Public in and ally appeared J 8x 14 I r4 PG 1652 19 , before me, the for said State, . person- known to me to be one of the partners of the limited part- nership that executed the within instrument, and acknowl- edged to me that such limited partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand this day of , 19` Notary Public in and for said County and State CERTIFICATE OF ACCEPTANCE Government Code Sec. 27281 This is to certify that the interest in real property conveyed by the Deed as set forth above to the CITY OF NEWPORT BEACH is hereby accepted by the undersigned officer or agent on behalf of the (fity Council of such City pursuant to authority conferred by an adopted resolution by the City Council dated May 13, 1968 1 and the Grantee consents to recordation thereof by its duly authorized officer or agent. IN WITNESS WHEREOF, I h ve hereunto set my hand this day of 19 '. SUBSURFACE PASS- THROUGH EASEMENT (G), Page 4 • • Parcel No. G -143 LEGAL DESCRIPTION PARCEL 1• F r h 14iG4ps 1 6 '3 DK Lot 10 in Block 11 of Seashore Colony Tract, in the City of Newport Beach, County of Orange, State of C.iifornia,as per map recorded in book 7, page 25 of Miscellaneous Maps, in the office of the County Recorder of said County, together with the southeasterly half of that portion of Nordina Street adjoining on the northwest, said street being vacated by Pesolution No. 3210 of the City of Newport Beach on June 11, 1945, a certified copy thereof being recorded on July 20, 1945 in book 1317, page 430 of official records and together with the northwesterly half of the alley adjoining said lot on the southeast, vacated by Resolution No. 5833 of the City Council of the City of Newport Beach recorded August 14, 1963 as Document No. 12947 in book 6675, page 813 of official records. PARCEL 2: An easement for ingress and egress, in the City of Newport Beach, County of Orange, State of California, over David Drive (private street) having widths of 15.00 feet and 50.00 feet as shown on a parcel map filed in book 86, pages 28 and 29 of Parcel Maps, in the office of the County Recorder of said County. EXCEPT THEREFROM that portion included within Parcel 1 above described. EXHIBIT "A" DESCRIPTIO14 6K 141G4i6 1P54 Oxbow Oil Production Condemnation All those certain lands situated in the City of tlewoort Beach, County of Orange, State of California, more particular described as folloors : PARCEL "G" Beginning at the intersection of the centerline of Ocean Front (formerly Ocean Avenue) as said street is sho:vn on a man of the Seashore Colony Tract recorded in Boor. 7, Page 25 of Aiscellaneous 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 begin -ing being a point in the boundary line of the land described in the parcel entitled "E3SHIBIT 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 centeal ne of the Santa Ana River as described in Case No. 22797 of the Supe =ior Court of the State of California in and for the County of Orange and as shot-in on a reap filed in Book 65, Pages 31 through 36 of Records of Surveys in the Office of the County Recorder of said County; thence along said centerline South 78 °00'22" East, 515.70 feet and South 66 042'20" East, 643.27 feet to the northerly prolongation of the line dividing Lots 6 and 7 in Block 11 of Tract No. 772 as shown on a map recorded in Book 23, Pages 5'and 6 of said Miscellaneous Maps; thence along said northerly prolongation, said dividing line and the southerly prolongation thereof South 7 044'51" 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 cente cline 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 nortr.easterly line of Lot 10 and the southeasterly prolongation- thereof South 54 009'00" East, 104.94 feet to the centerline of the 10 foot alley in said Block 8; thence along said centerline of the 10 foot alley South 35 °51'00" West, 90.00 feet to the southwesterly line of said Tract No. 772 and a point in the centerline of the 10 foot alley in Block 8 of said Seashore Colony Tract; thence along said centerline of the 10 foot alley in Block 8 South 35 °47'll" West, 120.00 feet to the north .,esterly prolongation of the northeasterly line of Lot 4 in Block 8 of said Sea- shore Colony Tract; thence along said northwesterly prolongation, said northeasterly lire and the southeasterly prolongation thereof EXHIBIT "B" — Page 1 0 0 8K 14 104 Pe 1 555 South 54 °09'00 " East, 114.93 feet to the centerline of Orange Street as said centerline is shown on said map of the Seashore Colony Tract; thence along said centerline and the southwesterly prolongation thereof South 35 °47130" Nest, 137. 17 feet to the northeasterly right -of -way line of the Pacific Electric Railway, being the northeasterly line of Tract No. 4400 as shown on a map recorded in Book 162, Pages 20 through 26 of said Miscellaneous Maps; thence along said northeasterly right -of -way line South 54 °02'30" East, 118.67 feet to. the northeasterly prolongation of the line dividing Lots 7 and 8 in Block G of said Seashore Colony Tract; thence -along said northeasterly prolongation, said dividing line and the . southwesterly prolongation thereof South 35 °57'30" West, 276.10 feet to said centerline of Ocean Front as said street is shown on said map of the Seashore Colony Tract; thence along said centerline North 55°51'30" West, 1520.68 feet to the POINT OF BEGINNING. I; i CONT.AlNEgG 21.383 Acres, more or less 4: EXHIBIT "B" - Page 2 j 8K 14 G 4 11 F% 7T Ao am ill ll ca Z=. z go l\ .. We r , P X �� � \`.. a$^ �I I3�� �I�f_ LU Uu I, co LL EXHIBIT "C" R C�ITY 17601 RECORDED MAIL TO: OF NEWPORT BEACH !ewoort Boulevard each, California 92663 C ui: • 0 BK 14020 PG 17 13 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 pa=t 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 p roduction 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 ti -mes 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 'ov Grantee during the te-mi hereof under and through any cart or parts of the lands described in Exhibit "B" hereto and bottomed beyond the Outer boundaries described in EXP.lbtt 3S the square foctace 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 EXh: is 113," excluding public streets and highways owned in fee simple by the City of Newport Beach and also any lands owned in fee S1TDi°_ by the City of Newport Beach, and fur - tner excluding streets and lands lying within the former Pacific: Electric Railway Company right of way; provider., hcwerer., that Grantor shall not be entitled tc any compen- satie -: ZaSed upon oil lost through evaporation., leakage, or other-,i_-e; or upon. gas used, consumed or lost in extracticr. Of Gascii ^:e, or upon any Owl or gas used in connection with any °___ driller or operated hereunder, or upon any gas ,?h c- _- ssed for renressuring any oil bearing, fprmation in a att._-^t to further production from any such well or weilS; -.or shall Grantee_ be obligated hereunder to Save any gas, :.. _ as there is a reasonable market and value for the Gr_ -ntee shall be entitled to deduct from the com_uen- satio.n. ..=_!�eunder the Grantor's proportionate share Of any SUBSURF11C.c PASS- `_HROUG:i EASE:M `'N P (G) , ?age 2 BK 14020 PG 17 14 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 tae basis of which compensation is paid hereunder. For the purpose of this Subsurface ?ass- 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 tereof, 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 wit'.- rescect to all compensation accrued during the six preced ing calendar months; provided, however, that Grantee s all be entitled to continue to mail compensation payments hereunder to that address set forth below until notified by Grantor in writing of any charge in the address to which such payments hereunder are to be sent;' provided, further, that whenever any such payment is less than Ten Dollars (S10.00), Grantee may defer payment of the same until the amounts accumulating thereto shall be at least ecual 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 croup of Grantors. No charge in the ownership of land or interests covered by this Subsurface Pass-Through Easement and assignment or transfer by operation of law, or otherwise, in whole or in part cf t:-:e compensation shall be binding upon Grantee until. Grantee or its successors and assigns have been fur- nished with written evidence tlereof satisfactory to Gran - tee. Grantor he Ye'v agrees that should it be Cei.er -.Aned that Grant..cr eces nct --wn the rights granted herein, Grantee's oblic?tion to pay the cons i6e ration proV4 -ed for hereunder S'_ _>_"minate, and Grantee shall be entitled to recover the a.-_: nts of compensation previously paid to Grantor. Furt` r^.cr if it should be determined that Grantor owns less all of the rights to provide Grantee the easement rich-_ J right of way conveyed herein, Grantee shall be to accept such rights as are granted herei,^.. by Grant -_- and _re -ate the compensation accruing to Grantor Subsea f =ce Pass-Through Easement shall be and be- CCAiE Ctive fro.?n and after the date that Grantor executes the __ or January 20, 1981, whichever is later. . __ntor hereby agrees to make no claims in eminent domain. = cainst Grantee relating to the herein- described lar:f. _ .cladir.g without limitation any claims for fees, costs; ztorneys' fees, aban6onment costs, interest, t?'ose cla aich may arise out of Gran.te °'s immediate pos- ses5_q:' ,._ Grantor's real property and any claims pursu- SUESURF...,' _.,SS•,.TfikOUGi? EASEMFNT (G), Page 3 • BK 14020 Pe 17 15 ant to California Code of Civil Procedure Sections 1036, 1263.410, 1263.420, 1268.610, 1268.620 and 1268.710. Gran- tor also acrees 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 Graitor'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 n beef'. t 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 jltlf'Y =�( 1981. LAFAYETTE APARTMENTS, A General Partnership gy Grantor T 10 S N -7 ..S l'� PAYM.E.._E ARE TO BE SENT; S. l S r SSU3= :.C-E ( , Pace 4 Parcel No. G -144 LEGAL DESCRIPTION PARCEL 1: 11 O K I 4O2Opo- 17 116 Lot 11 in Block 11 of Seashore Colony Tract, in the City of Newport Beach, County of Orange, State of California, as per map recorded in boot 7, page 25 of Miscellaneous Maps, in the office of the County Recorder of said County, together with the Southeasterly half of that portion of Nordina Street adjoining on the Northwest, said street being vacated by Resolution No. 3210 of the City.of Newport Beach on June 11, 1945, a certified copy thereof being recorded on July 20, 1945 in book 1317, page 430 of Official Records and together with the Northwesterly half of the alley adjoining said lot on the Southeast, vacated by Resolution No. 5833 of the City Council of the City of Newport Beach recorded August 14, 1963 as Document No. 12947 in book 6675, page 813 of Official Records. PARCEL 2: An easement for ineress and egress, in the City of Newport Beach, County of fl=ange, State of California, over David Drive (private street) having widths of 15.00 feet and 50.00 feet as shown on a parcel map filed in book 86, pages 28 and 29 of Parcel Maps, in the office of the County Recorder of said County. EXCEPT THEREFROM that portion included within Parcel 1 above described. EXHIBIT "A" BK 14020 PG 17 17 DESCRIPTION Cxbow Oil Production Ccnderriation All those ce_tai :r lands situated in the City of ?Tewpc Beach, County of Orange, state or California, more particular descfi'oed as follows: P.ARCc.L "G" Begianirg at "e intersection of the Centerline Of Ocean rend (formerly Ocean ?.venue) as said street is sho,vn on a :nap of the Seas: ^lore CcienyTract recorded in Bock 7, Page 25 of JtIiscellaneous tilaps in the Office o : the County Recorder of said County with the no; h,xesterly boundary line of the City of N=tv::or`. Beach, said nort:n.ves -ly bounca -y line being the southeasterly line OI Sum:nice Stree?, 30.00 in Cl1Ctn, as s.hoxn on sa:d map Of ,he Seashore Colony Tract, said -o:l -* Of be,a;r ling beina a Colnt in line d deszr-+b a r ._lc ".r_,Xv- tie boundary r,,, of the la: �.�..__�ed in the parcel entt:__d r..�..i3IT TO SUBSUF _iC=_ EASE-MENT" recorded Ln Book 2.824, Page 391 of Gficfal Records of said County; thence along said !as' me•^.,f C.ned boundary line through .he folio-.wing ccurses: along said northwesterly bound=ary line of the Cicy c die-.wort Beach North 350 57130" East " _72.31 feet to the ce.n. erline of ,he Santa Aaa River as described in Case Rio: 22797 of . r OCdtOf ^ e Ca0LTa l arid iOe CUC the SUnc r y of Orange and as sno.`;n Of:. a mao flied in Book 65, Pages 31 36 O. Records of Surreys in the Office of the County Recorder of said County; thence alo.n.g said Cent°_ri :ne South 78000122" East, 515.70 feet and South 66042'20" East, 643.27 feet to the northerly prolor.gacion of the line dividing Lots 6 and 7 in Block 11 of Tract No. 772 as shown on a man. recorded in 3ook 23, Pages 55 and 6 of said IMiscellaneous ?daps; thence along said northerly prolongation, said dividing lire and t, - -- southerly proiongsticn ihereoi South 7 '. '51" Wes" 148.87 feet to a point On a curve in the center'. :ne of Canal Street as said street is shown on said nap of Tract No. 772, said cur-re being concave nc -trite rly and having. a radius of 685.00 .'e =_t; thence easterly along said curie anal centerline 10.63 feet through a Centr.'_i angle Qf 0 °53'21" to t' - -- centerline Of tern. Street as said st. cet.is s ;in or. said rnao of Tract No.. 772; thence alo, -.g said CCn Ce -t ne C Street SG..i : ^. J5 °51100" West, 2.5. 5 :eel :O the noIh- wCsterly pro'- on '-ation of t;-e northeasterly line of Lot 10 in Block 8 of said _rac: Nc. 772;. thence along said nortlr%vesterly prolongation, said nor'teaster'y - of Lot 10 and the southeasterly prolongation thereof SoL :'h 54 °0 °i ^" ast, 1C'.94 feet to the denterl ne of ,"e 10 foot alley in said E1CC1K C; thence along said centerline of the 10 foot alley Scut.. °�? „est 90.00 feet to the south :vesterly line of said Tract No. 772 an_� = i -t in the centerl ;ne of the 10 foci. alley in Block 8 of said Semis ^ore -:y Tact. •hence along said = enterlin_ of the 10 foot al'.cv in Ello.. ."?0:.3:.7 J5 _''Ill" Nest, 120.00 fee: i0 ih'e n.orth%vcscer' :y prr ,. ngr..cr. ce „ortheaster1y line of Lot . in Block 8 of said Se: - shore Co :o r : t`ience along said nor: Neste-ly p;oicng .icn said no r'i`te... _ '..._ a;d :he soc:heas,erIy prolonga "cn thereof EXt1IBI5 - Page • BK 14020 Pe 17 18 South 54009'00" East, 114.93 feet to the centerline of Orange Street as said centerline is shown on said ;nap of the Seashore Colony Tract; thence along said centerline and the southwesterly Prolongation thereof South 35' _7'30" :Vest, 137. 17 feet to the northeasterly right- of -viay line of the Pacific Electric Railway, being the northeasterly line of Tract No. 4400 as sho-xn on a map recorded in Book 162, Pages 20 through 26 of said Misceaa. ^.eous Maus; thence along said northeasterly right -Of -way line South 54' -02 "30" East, 113. 6.7- feet to. the northeasterly prolongation of the lL ^.e dividing Lots 7 and 3 in Block G'of said Seashore Colony Trac„ thence-along said norteasterly prolongation, said dividing line and the southv:es:er'.y prolongation thereof South 35' 57'30" West, 276. 10 feet to said center':. of Ccean Front as said street is shown on said map of the Seesacre Colony Tract; thence along said center' i ne \Torth 55'51',30" West, 1520. 0^3 feet to tre POINT OF EEGIti\ING. I, C0 NIT _ 2q IN 2 -1.383 Acres, more or less k•. EYHIBIT "3" - Page 2 BK 14020 Pe 1719 iz ate• � � e • � � ' r rl x ice• % ' ; -- �.! : -z; ,��_ i 4 a LU \ ca LL o `- x EXHIBIT "C" • ' BK 14020 Po 1720 STATE OF CALIFORNIA ). I ss. COUNTY OF ORANGE ) On `� .^�:c -Vf I V 19��I, before me, the undersigned, a Notary Public in and for said State, person- ally appeared known to me nership that edged to me same. to be one of the partners of the executed the within instrument, that such general partnership general part — and acknowl- executed the IN WITNESS WHEREOF, I have hereunto set my hand this day of �'i��r��:d , 19�/. OFFICIAL SEAL Notary Public in and fcY said CAROLG.HOBAUGH County and State NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN r LOS ANGELES CCU' js fission Expires Dec. 12. 1984 { CERTIFICATE.OF ACCEPTANCE Government Code Sec. 27281 This is to certify that the interest in real property conveyed by to Deed as set forth above to the CITY OF NEWPORT BEACH is hereby accepted by the undersigned officer or age.. ^.t on beialf 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 t:ereof by its duly authorized officer or agent. ,_N WITNESS WHEREOF, I have hereunto set my hand this day of / LC�1 198_/. SUBSURr - - =,CC PASS— Ta?OUGH S35F „1 °7T (G) , Page 5