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
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o i? b i 4 ¢m � � j 4.-1L✓ 1.
\ 9i S \i u 'Y � •.
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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
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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
•
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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
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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
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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'
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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
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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
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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
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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"
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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
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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.
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BK 14 16 8 po 421
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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
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of t�l_- acc = lec'r:c z e. ::. v "ne
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EXHIBIT "C"
a.
col
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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 �
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N
>4
w •�$ ga ci
set
Ll
W ho
C �` W '•�_ Lam•^ lj IZII�
.A\ $ e s� 3 Y• t � V � c• T
cz
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Lu Wo'
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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 � ..... �._:,
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'�`..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
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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
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21
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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
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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
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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.
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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
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.yam P � +c, I' � ....o ��- '� • a
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iz � � �• r is ��� u
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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
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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
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LD� -_ a
cc
LU
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\9: �c� l :I Kezar Rer.zzlsnn , r s a o'
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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
•
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Or
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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
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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
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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
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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
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re if tf lL io 50 1 � I(
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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
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ill ll
ca Z=. z
go l\ .. We r , P
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�� � \`.. 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
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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