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Home My WebLink AboutOil Wells - 1974-1981�I RUTAN & TUCKER ATTOANCTS AT LAW w: RyiwN 4LR 0 -1BTtT A PARTNERSHIP ° CONH4TMGk"ROFCSS10Nwl CORP0..,.ONS JAMS B. TVCF.R..SR RUD LPH LOI YTI TORO W. Owwv "RUSE W01C. SHCIAPD• WELLS FAROO BANK BUILDING{ 4 ^.. cR HOWELL• R S. ROBERT L. 11K m• JwY[8 e, TUC.... ROe[Rr L.PIX[• 401 CIVIC CENTER DRIVE WEST PA... I. SXAIICNB.ROC R.' ALAN BUNION NEWMAN JAMES R. MOOR.• LAWRENCE C. BCRTINO• ROOCRi 1, R1(l CY• ROBCPT S. BOWER 1. M16.. MCC ORM IC.. WILLIAM A. 10"11. X. MRwm L. ARTICORENA RICHARD .CVRNVTT• LAWRENCE J. OR.Y'IVSS LEONARD A AMR[L• NNE N.150N l A JOHN B. HURLBUT. JR.- PATRICIA L. STEARNS MICXACI w IM YCII• RCNA C. Si... A. I"OR. W. OAHL. J..• WILLIAM J. CAPLAN THEODORE 1 WALLACE. JR.- OARY M LAPS PICHARO P. SINS' RANDALL 5. WAICR MARSHALL M. PCARLMAN MICHAEL T. NOR. AN ROBERT C. BRAVH' DIANE OVOI^s ..... ROGER A. ORAeLL• PHILIP D. NOHN CD WARD O. S Y.LSMA. JR.' JOCI O. NVPCRe CRO THOMAS'S. SALINOCR• [u 2AB[TH A HLAIL BARRY R IAVeSCXCR• SCOTT R. HOYT DAVID C. FAR SCR' MARY 0. Y I LILCC C1111ORD E. (RICO CN• KATHRYN l TOBIN ARTHUR O'. K...". PHILIP C. M NARD NOCXACI O. AVBIN• NCILA R. BERNSTEIN MARC WINTNROP• DONNA SNOW WOLF A O. RIV IN• DERRA J. OVNN- PCTLRSON JEFFREY Y. OOCPYAN• CVRIOIRI NICKII DALLAS POST OFFICE BOA 1010 SANTA ANA. CALIFORNIA 92102 TELECOPIER (1141 6158-IS66 TELEPHONE (114) 835 -2200 •A .�.Y.IP..1 fLwO..TY' Mr. Robert C. Wynn City Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 July 30, 1981 L-r;� ) TAX 91O 596 -1663 ' CABLE ADDRESS RVTAN TUC NEWPORT, BEACH OFFICE 610 NEWPORT CENTER DRIVE. SUIT. 900 POST OFFICE 6O( 1369 NEWPORT. BEACH. CALIFORNIA 92660. TRCCOPICR 1114) 139 -0993 TELEPHONE 4714) 139 -0833 IR REPLY PICAS. RCICR TO CONFIDENTIAL Re Condemn of_ City :'Tideland :Di_1_;WaUs Dear Mr. Wynn: Pursuant to your request, this letter is intended to provide a status report regarding the condemnation of the City tideland oil wells. As you know, the City of Newport Beach filed the condemnation action on behalf of the Joint Powers Agency pursuant to the Joint Powers Agreement which the City entered with the State Lands Commission. FACTUAL BACKGROUND Commencing in approximately 1919, the State of Cali- fornia granted in trust to the City all of the real property consisting of tide and submerged lands in Orange County bordering upon, in and under the Pacific Ocean or Newport Bay. In 1978, these grants were revoked and restored by the State Legislature pursuant to Chapter 74 of the Statutes of 1978. These granted lands, commonly known as the City's tideland trust areas, contain reservoirs of oil and gas. In order to produce the tideland oil, the City entered into an oil operating agreement with D. W. Elliott in 1943. Elliott, as the contractor under the oil operating agree- ments, proposed to produce tideland trust oil on behalf of the City by means of slant- drilled wells surfaced within a 250 -foot wide strip of land adjacent to the City in unincor- porated Orange County; the slant- drilled wells passed beneath the surface of the City and were bottomed in the tideland trust area. �' _ 0 RUTAN & TUCKER ATTORNEYS AT LAW A MWNEMfMIM COM.ISIIMO N PWIMI LOO- M-A"M' Mr. Robert C. Wynn July 30, 1981 Page Two In 1955, the oil operating agreement was renewed and validated through an amended agreement. This amended agree- ment provided that the oil operating agreement would termin- ate by its own terms on January 25, 1981. The amended oil operating agreement further provided that, upon its termina- tion, the operator was required to assign to the City the various lease, easement and other real and personal property interests used to operate the tideland trust wells, so that the City could continue the tideland trust oil operations upon the expiration of the agreement. The only exception to this assignment provision in the agreement is if the oil operator requires the property for other oil production operations. Under the amended oil operating agreement, the contractor received 87.58 of the value of the oil produced from the tidelands, and the City received 12.58. Pursuant to the oil operating agreement, sixteen slant wells were drilled into the tideland trust areas. In Octo- ber, 1968, Armstrong Petroleum Corporation became the operator under the agreement. In August, 1980, pursuant to direction from the City Council, representatives of the City informed Armstrong that the City did not desire to extend or renew the oil operating agreement, and provided. Armstrong with documents reflecting the assignment of real and per- sonal property interests which Armstrong was required to convey to the City upon the expiration of the agreement. Armstrong refused to assign these interests to the City, however, repudiating its performance under the oil operating. agreement. Armstrong continued to perform as the contractor under the oil operating agreement until the agreement expired by its own terms on January 25, 1981. THE EMINENT DOMAIN LITIGATION In order to continue to produce the tideland trust oil upon the expiration of the oil operating agreement, the City, after conducting the requisite public hearing, adopted a resolution of necessity in December, 1980, to condemn the surface drilling locations, subsurface pass- through ease- ments and equipment interests utilized by Armstrong for the production of the City's tideland trust oil. Shortly after the adoption of this resolution of necessity, the State Lands Commission of the State of California, which is the agency responsible for monitoring the City's performance w - LI RUTAN & TUCKER ATTORNEYS AT LAW A M WERSMI. C SISTIXO M MMSSIOIML C MMT0 Mr. Robert C. Wynn July 30, 1981 Page Three under its tideland trust grant, approached the City with the offer to enter into a Joint Powers Agreement for the acqui- sition and construction of oil production facilities for the production of tideland trust oil. Under the Joint Powers Agreement, the City is designated as the Joint Powers Agency and is authorized to conduct eminent domain actions for the acquisition of real and personal property interests neces- sary for the production of tideland trust oil. On April 13, 1981, the City Council voted to enter into the Joint Powers Agreement, and the State Lands Commission unanimously approved the Joint Powers Agreement on April 29, 1981. On May 26, 1981, after the conduct of a duly noticed public hearing, the City Council, acting as the Joint Powers Agency under the Joint Powers Agreement, adopted Resolution No. 10042, authorizing the City to condemn a non - exclusive easement as well as the requisite equipment for the produc- tion of oil from the tideland trust areas. The Complaint in Eminent Domain, which names Armstrong, Mobil Oil Company, and Beeco as defendants, was filed on June 15, 1981 in the Orange County Superior Court. The City, after depositing a sum of money representing its appraiser's opinion of the probable amount of total compensation to be awarded, obtained an order of prejudgment possession authorizing the City to take possession of the lands and facilities on July 15, 1981. On July 2, 1981, a hearing was held before Judge Edward J. Wallin to determine the validity of a challenge, in the form of a demurrer, brought by Armstrong and Mobil Oil Company to the City's power to acquire the property by eminent domain. Judge Wallin overruled Armstrong's and Mobil's objections, and stated his opinion that the City, as the Joint Powers Agency, has the authority to condemn the lands and property necessary to produce the tideland trust oil. Thereafter, Armstrong filed a motion to stay the effective date of the City's order of possession of the City tideland wells. Armstrong made this motion on two groundss first, that a reasonable probability existed that Armstrong RUTAN & TUCKER' ._ .ATTORNEYS AT LAW •M NMHI.0 ISTI""Pu USwwe MMTr m Mr. Robert C. Wynn July 30, 1981 Page Four would prevail in its legal challenges to the City's condem- nation powers at the ultimate trial of the case; and second, that Armstrong would suffer hardship if the City took possession of the tideland wells, because the City's opera- tion allegedly would interfere with Armstrong's operation of Mobil Oil Company's drilled Banning Lease wells and Armstrong's three wells bottomed in the Pacific Electric right of way. In order to hear this motion, the Court extended the effective date of the City's order of posses- sion until July 22, 1981. On July 20, 1981, Judge Leonard Goldstein ruled on Armstrong's motion to stay the City's order of possession. Judge Goldstein denied the motion and agreed with Judge Wallin that the City, as the Joint Powers Agency, has the power to condemn the property. Judge Goldstein also modified the possession order to require representatives of the City and Armstrong to meet and confer to avoid possible interference with each other's oil production operations. Accordingly, the City took possession of the tideland wells and adjacent property on July 22, 1981. In addition to the above - described eminent domain action, the City is continuing to proceed in the two law- suits seeking declaratory relief, specific performance and damages against Armstrong for breach of the oil operating agreement. The City has filed at issue memoranda in these cases and has requested trial dates from the Court. PENDING ISSUES On July 23, 1981, representatives of the City and Armstrong met at the oil production site to discuss the City's proposed construction and operation plans. At that time, Utilities Director Joseph T. Devlin informed Armstrong's attorney that the City intended to construct its own "tank farm" complex to store the oil produced from the tideland trust areas until the oil is transported for refining. Armstrong's attorney strenuously attempted to dissuade the City from constructing the tank farm, request- ing instead that the City share Armstrong's tank farm with 0 RUTAN & TUCKER ATTORNEYS AT LAW • .1E.111 croxMn H. or Mln- wt conrow.noxs Mr. Robert C. Wynn July 30, 1981 Page Five Armstrong. Armstrong has subsequently transmitted a letter to the City opposing the City's construction of its tank farm. It is the opinion of this office that Armstrong's pri- mary motivation for opposing the City's construction of its own tank farm complex has less to do with possible inter- ference to Armstrong's oil operations than it does to Armstrong's litigation tactics. Armstrong contends that the City should not construct a tank farm complex in the vicin- ity of the thirteen City wells because a City tank farm at that location would interfere with Armstrong's maintenance and operation of its wells and prevent oil drilling opera- tions at that site. At the on -site conference on July 23, 1981, attended by representatives of the City, Armstrong and Mobil, however, the Mobil representative stated that the construction of the City tank farm at its proposed location would not interfere with the Mobil well, which is the only well in close proximity to the proposed tank farm. More- over, the Mobil representative indicated that the sinking of new wells at the location of the proposed tank farm is highly unlikely, due to the unsuitability of that location for such purposes. Armstrong's objections to the proposed location of the City's tank farm appear therefore to be refuted by the statements of the on -site Mobil operator. Armstrong has also suggested that the City locate its tank farm in the vicinity of the three "western" City wells, on property owned by the City and previously utilized for sewage treatment. According to Joseph Devlin, however, this location is unacceptable to the City. The alternative loca- tion is far from the majority of the City wells and has poor connecting roads, thereby requiring more costly pipeline facilities and creating access problems. In addition, the alternative location is adjacent to the Santa Ana River channel; should the County of Orange determine to widen this channel, or should the channel overflow, the facilities located nereby would be rendered useless. Finally, the alternative location serves as the habitat for a number of endangered species, thereby creating environmental problems which do not exist at the City's current proposed tank farm location. RUTAN & TUCKER ATTORNEYS AT LAW A YA0IX LP9 M�. C0XS i3tIX4 Of pIpXL]]IOM/.L CW bPA \I0M6 Mr. Robert C. Wynn July 30, 1981 Page Six Armstrong strongly desires the City to share the use of Armstrong's existing tank farm. Inspections of Armstrong's tank farm by representatives of the City and the State Lands Commission indicate, however, that Armstrong's tank farm is dilapidated and in highly questionable condition. Further- more, given the rather antagonistic attitude which Armstrong has taken towards the City during the past two years, the City should be very cautious about entering into any sort of interim agreement with Armstrong, either for shared use of tank farm facilities, or otherwise. It is the opinion of this office that Armstrong seeks to prevent the City from constructing its tank farm for two reasons. First, any construction by the City will strengthen the City's resolve to continue the condemnation. Second, should the City agree to a joint use of Armstrong's tank farm, Armstrong will be able to use the casing gas produced from the City wells to heat the oil in the tank farm. Armstrong will lose this "free" gas should the City continue with its plans to construct its own tank farm and utilize the gas from the City wells to heat its own tank farm. I hope that this summary of the condemnation acquisi- tion of the City tideland wells sufficiently informs the City of the status of that action,. If you or any other official of the City have any questions regarding this matter, please feel free to contact me at your convenience. JDKsbc Very truly yours, PLD TUCKER RUP RG Mr. Robert A. Armstrong President, Armstrong Petroleum Corp. 3471 Via Lido Newport Beach, California 92663 Dear Mr. Armstrong: -1. 910 196 IBB3 CABLE : DDRESS RUTAM TUC ..1. °G -T EGCM OFFICE BIC I._T : V rCNTER pII SUITE 900 P03T OFFICE BOX 7369 NEWFCRT ?EACH, .CALIFORNIA 92660 TD.CCJPIER 17101 759-8993 TELEPHONE 17141 759 -0833 IM EPIT PLEgSE PETER TO Hand delivered this date. This office has received your letter of July 29, 1981, addressed to Newport Beach City Manager Robert L. Wynn, in which you state your opposition to the City's proposed location of a tank farm complex within a small portion of Parcel A -1 of the City's eminent domain acquisition. On July 21, 1981, the Honorable Leonard Goldstein, Judge of the Orange County Superior Court, issued an order in the eminent domain lawsuit authorizing the City, as the Joint Powers Agency, to take possession of the parcels designated in the Complaint in Eminent Domain. The Court's order set certain conditions to the City's possession of the property, however, in order to prevent either Armstrong or the City from inter- fering with the other's oil production operations. Pursuant to the Court order, and at the request of the City, representatives of the City met with your attorney and on- site operator, as well as a representative of Mobil Oil Company, at the drill site location on July 23, 1981, to discuss the City's construction and operation plans. At that meeting, New- port Beach Utilities Director Joseph T. Devlin explained, with the use of maps, diagrams and plans, the City's proposed tank farm construction project and how the City's tank farm would not interfere with the operation, maintenance and repair of oil pro- duction facilities belonging to either Armstrong or Mobil. RUTAN S TUCKER ATTORNEYS AT LAW wVTpM Npp O -:P +f1 A. PARTNERSHIP COMSISTIMO*OF PROFESSIONAL CORPORATIONS AHC5 5. T V CxCR. 3w: MSS p IP p01 MILICRD w. CAHV wUOOLPH C. SMCPAgD• WELLS FARGO BANK BUILDING M. +ODGER HOWELL' E. S. WOLCOTT. W 1^-.5 E. TOCAI w• wOBCRT L. FIX'' 401 CIVIC CENTER ORIVE WEST OARVIM I. SMALL C MB CRGCw• ALAN BURTON MCWMAM JAMES R. MOO.,. LAWPCNC. C. BCwn MO• POST OFFICE BOX. 1976 RO BC.T L. w15LCT• ROBERT S, OOw CR M. L. IH(XU lI I,CORY.CA• ^.Cl^ w. I0n6TT. SANTA ANA. CALIFORNIA 92702 WILLIAM L. 1111L' WILLIAM M TI COREN^ w:CMAPO A.. CURN UTT• LAWRCN CC J. ORCTIVSB TELECOPIER 17141 556 -1566 LEONARD A MP[L• MMC NELSON LA HIM, Aq JOHN B. HVRLBVT, JR.- w1C1A L. 5TEARMS HICM7.CL I MH[u• wE.^ C. STOMC TELEPHONE 17141 835 -2200 M RIORD w AML, Jw.• WILLIAM J. CAPLAN THEODORE I. w ALLACC. Jw:• DART M. LAPC. w:CH^AO P. SINS- AM OALL. S..AICB M AR SMALL M PCAPL MAM MICHAEL T MO.MAH POBC wT C. B.A VM• 01AME DOVOLAS ODELL ROOCB A'. O.^.LC• M1LIF D. ROHM CO WAPD 0. 'ST.CS MA. Jw:• THOMAS S. SALIMGCR• JOEL D. HOPERBERa A. MCALC July 30, 1 9 8 1 BARPT R. LAVBSCMCw` CL12ABCTM SCOTT w MOTT DAVm C. LAwSCM•' T B. MCILLECE ART CLIFFORD E. IwICDEM• L. TOSIN MRTH OR G. H:ORAM+ „IL1P C. .^T. Aw0 I CH AEL D: POBIN• Mu LA R. BSTUM W HPOV DOMMA aM Ow wOL[ ,ARC wA o. P DCBww J. DVMM.Pn[w60N JCIIwCT1 M~ OD CPH AH• EVRIDIHnV101O DALLAS Mr. Robert A. Armstrong President, Armstrong Petroleum Corp. 3471 Via Lido Newport Beach, California 92663 Dear Mr. Armstrong: -1. 910 196 IBB3 CABLE : DDRESS RUTAM TUC ..1. °G -T EGCM OFFICE BIC I._T : V rCNTER pII SUITE 900 P03T OFFICE BOX 7369 NEWFCRT ?EACH, .CALIFORNIA 92660 TD.CCJPIER 17101 759-8993 TELEPHONE 17141 759 -0833 IM EPIT PLEgSE PETER TO Hand delivered this date. This office has received your letter of July 29, 1981, addressed to Newport Beach City Manager Robert L. Wynn, in which you state your opposition to the City's proposed location of a tank farm complex within a small portion of Parcel A -1 of the City's eminent domain acquisition. On July 21, 1981, the Honorable Leonard Goldstein, Judge of the Orange County Superior Court, issued an order in the eminent domain lawsuit authorizing the City, as the Joint Powers Agency, to take possession of the parcels designated in the Complaint in Eminent Domain. The Court's order set certain conditions to the City's possession of the property, however, in order to prevent either Armstrong or the City from inter- fering with the other's oil production operations. Pursuant to the Court order, and at the request of the City, representatives of the City met with your attorney and on- site operator, as well as a representative of Mobil Oil Company, at the drill site location on July 23, 1981, to discuss the City's construction and operation plans. At that meeting, New- port Beach Utilities Director Joseph T. Devlin explained, with the use of maps, diagrams and plans, the City's proposed tank farm construction project and how the City's tank farm would not interfere with the operation, maintenance and repair of oil pro- duction facilities belonging to either Armstrong or Mobil. • �f'iUSAN & TUCKER AI'UfYNEYS AT LAW AnAe i��t,��in!�,X.-.i�T�11G Cf IPO rtS51G XAL CGn404ATg4f Mr. Robert A. Armstrong July 30, 1981 Page Two 40 In your letter of July 29, 1981, you articulate the reasons why you believe that the City's proposed tank farm will somehow interfere with your operations. Upon reflection, the City sin- cerely believes, as it explained to your representatives on July 23, 1981, that the City's proposed tank farm will not in any way interfere with Armstrong's or Mobil's oil production operations. It bears emphasis that the proposed tank farm will be located on a very small portion of the 6.889 acres contained in Parcel A -1. The proposed tank farm will be located hundreds of feet from the thirteen City wells and Armstrong's three "Paci- fic Electric" wells, such that the City tank farm cannot possibly impede your operation, maintenance and repair of the three Pacific Electric wells. Only one pumping unit is located within one hundred feet , of the proposed City tank farm. This pumping unit is operated by Mobil Oil Company, not by Armstrong, and Mobil did not oppose the City's possession of the subject property. At the on -site meeting held on July 23, the Mobil representative declared that the loca- tion of the City's proposed tank farm would most likely not inter- fere with the operation, maintenance and repair of the Mobil well. In any event, the Mobil representative stated that he was certain that he could work with the City personnel to ensure that the City's tank farm did not interfere with the Mobil well, which is the only well which will be in close proximity to the proposed tank farm. (It bears noting that a pumping unit has been located for a number of years in very close proximity to the Armstrong tank farm, without causing interference either to the pumping unit or the tank farm.) Moreover, construction of the City's tank farm at the selected location will require the relocation of only one pipeline. That pipeline is connected to the Mobil pumping unit, and the Mobil representative indicated that the relocation of the Mobil pipeline would in no way interfere with production from the Mobil well. Your July 29, 1981, letter also indicates that the construc- tion of the City's tank farm at its selected location would remove potential sites for additional wells into the City tidelands as well as the Banning and Pacific Electric oil and gas lease areas. The City does not believe this to be the case. First, the only party authorized to produce oil from the City tidelands is the City itself, and the City has no present plans to drill additional . R U'1. ;. tJ & T U C K E R ATTGKNEYS AT LAN . rmminswn <niv:V T, OF rPOrts S r w«FF" *WM. Mr. Robert A. Armstrong July 30, 1981 Page Three Ll wells because Section 1400 of the Newport Beach City Charter pro- hibits any oil drilling beneath the surface of the City. Second, the Mobil representative in attendance at the July 23, 1981, on- site meeting unequivocally stated that Mobil, as the sole and exclusive operator of the Banning oil 'lease, had absolutely no intention of utilizing the proposed tank farm location for the purpose of drilling into the Banning lease, due to the severe unsuitability of that location for drilling. Finally, Armstrong is not permitted to undertake any new drilling into the Pacific Electric Lease area, inasmuch as such drilling would violate Section 1400 of the Charter of the City of Newport Beach. Accord- ingly, construction of the City tank farm at its proposed location within Parcel A -1 cannot possibly interfere with future drilling operations. It is true that the City proposed initially to transport its oil by truck until a pipeline is installed to connect the City's tank farm with the major oil transmission pipeline in the vicinity of Parcel -A -1. It should be pointed out, however, that this trucking operation is intended only as a short -term interim measure. Furthermore, the City intends to take all measures neces- sary to ensure that the security of the oil field is not impaired, and that the trucking operations do not in any way impair the access of either Mobil or Armstrong. Finally, there is absolutely no reason to believe that any oil spills will result from this interim trucking operation. These trucks are specifically de- signed to avoid spillage, and the incidence of spillage is so remote as to be conjectural. The City has selected the proposed location for its tank farm because it does not believe that the two alternatives referred to in your letter of July 29, 1981, are as efficient or practicable as the proposed project. While the City thanks you for your offer to share the use of Armstrong's tank farm with the City, the City does not believe that such an arrangement is feasible. Chief among the City's concerns regarding shared use of the Armstrong tank farm is the qualitative and structural condition of the Armstrong tank farm. Representatives of the City and the State - Lands Commission have independently inspected the Armstrong tank farm, and it is the concensus of both groups of inspectors that the Armstrong tank farm has rusted and deteriorated to such a degree that its operability and safety are highly questionable. C F2urAy 6. Tuci<eR nt1G_PNEYS AT LAW ..emxar,, OF 1.011.510xei coxscaenoxa Mr. Robert A. Armstrong July 30, 1981 Page Four The City has also considered and rejected locating its tank farm complex along the Santa Ana River adjacent to Parcel B -1. The City's concerns with this location include, but are not limited to, the additional expense required to run pipelines from the thirteen City wells on Parcel A -1 to this location; the poor con- dition of the roads leading to this area, which would necessitate increased costs for paving and buttressing the road; and the proxi- mity of this location to the Santa Ana River in the event that rain waters overflow the banks of the river. Moreover, it should be pointed out that this location is a natural habitat for a number of endangered animal species; consequently, construction of a tank farm facility at this location would have significant adverse environmental impacts. From the foregoing, the City's studies and analyses indicate that neither the shared use of the Armstrong tank farm nor the Santa Ana River site are feasible alternatives to the proposed location of the City's tank farm. Moreover, as discussed above, the City believes that the construction and operation of its tank farm on a small portion of Parcel A -1 will not interfere in any way with the operation, maintenance and repair by Armstrong or Mobil of their pumping units located on other portions of Parcel A -1. Despite its belief that the construction of the City's tank farm at its proposed location will not adversely affect the oil produc- tion operations of either Armstrong or Mobil, the City welcomes the opportunity to meet and confer with you at your convenience at the oil field location to demonstrate again how no interference to your wells can possibly result from the construction of the City's tank farm at the selected location. Very truly yours, 1 AN & TUCKER J el EL K4perberg JDK:jb 1 CC. Robert L. Wynn, Newport Beach City Manager Joseph T. Devlin, Newport Beach Utilities Director Jul 1,1 19P1 By tiia %:ri't cuu,4Q16 CITY OF NEWPORT BEACH T0: CITY COUNCIL FROM: Utilities Department SUBJECT: TIDELAND OIL WELLS OPERATING AGREEMENT COUNCIL ACTION: Information and approval RECOMMENDATIONS: July 13, 1981 CITY COUNCIL AGENDA ITEM NO. �Z 1. Request the Technical Oil Advisory Committee to review the basic format to be used in calling for open public bids to operate the tideland oil wells in West Newport. 2. Request the Technical Oil Advisory Committee to review the term of the proposed oil operating agreement. DISCUSSION: On January 26, 1981 the City Council directed the staff to prepare a proposal for the operation of the City tideland oil wells in West Newport by a private contractor and report back to the Council within 60 days after the City has full title to the oil production facilities. In attempting to prepare a bid format the staff has been able to identify 2 basic options available for operating the oil wells. There may be others. Each option identified has an incentive to produce more oil and each has advantages and dis- advantages to the City. Before calling for open public bids the City should decide on a basic option that it would like to follow. OPTION 1: Under this option the call for bids would be based on a fixed percentage to be paid to the City on the sale price of the oil. ADVANTAGES: 1. Simple to administer. 2. The contractor would make all decisions regarding (a) the manner in which the oil is produced, (b) the purchase of new equipment,, and (c) the maintenance of City equipment. July 13, 1981 Tideland Oil Wells Qp ti.ng Agreement Page 2 DISADVANTAGES: OPTION 2: The contractor would be required to pay the "windfall profit" tax on his share of the oil and the City's share would be reduced to account for the tax. 2. City would have limited control over the operation, and the contractor would have a tendency to defer maintenance and replacement of City equipment when it would not be in his financial interest. Under this option the call for bid would be based on the City receiving all the money from the sale of oil and City would pay the contractor in relation to the volume of oil produced. ADVANTAGES: 1. Would probably provide the greatest over net revenue to the City because of the reduction on "windfall profit" tax. 2. City would have a large say in the decisions on the manner in which (a) the wells are produced, (b) the equipment was maintained and (c) new equipment was purchased. hllX9:11P /eIif .[e7 *II 1. More complex than Option I and would be more difficult to administer. 2. City would have to hire a private petroleum engineering consultant to advise on the over all operating and maintenance plan. Because the City would own all of the equipment and the oil is being produced from a known field a prospective bidder would not be taking the normal risks associated with oil field production and would not be required to advance large amounts of capital. For these reasons and because of the uncertainties associated with the long term energy shortage the term of the agreement should be carefully considered. Because of the complexity of the options available to the City and the high level of technical competence available in the City's Technical Oil Advisory Committee, it is recommended that the matter should be closely reviewed by the Technical Oil Advisory Committee before final recommendations are made to the City Council. The following are the stated responsibilities of the Technical Oil Advisory Committee: a. Be familiar with any oil leases or contracts to which the City may be a party or have an interest; b. Act in an advisory capacity to the City Manager; c. Make written reports and recommendations as requested by the City Manager. lz oseph T. evlin J ilitie irector D:bc JUN 81981 By the CITY COUNCIL CITY OF IIJCWPMT BEACH TO: CITY COUNCIL FROM: Utilities Director SUBJECT: WEST NEWPORT OIL WELLS CONDEMNATION OF OIL PRODUCTION PROPERTY RECOMMENDATION: 0* June 8, 1981 CITY COUNCIL AGENDA ITEM NO. Adopt a Resolution rescinding Council Resolution No. 9940. DISCUSSION: On December 22, 1980 the City Council adopted Resolution No. 9940 which authorized and directed the condemnation of certain properties in connection with the West Newport Oil Wells and declared the public necessity therefor. On May 26, 1981 the City Council adopted a second Resolution No. 10042 which also authorized and directed the condemnation of certain properties in connection with the West Newport Oil Wells and delcared the public necessity therefor. Resolution No. 10042 differed from Resolution No. 9940 in that it was authorized by the City Council acting as the Joint Powers Agency under the Joint Powers Agreement between the City of Newport Beach and the State Lands Commission. To clear the record it is now recommended that the first Resolution ( Resolution No. 9940) be rescinded. ep . Devlin li ies Director JTD :bc GINAL RESOLUTION NO.10053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH RESCINDING NO. 9940 REGARDING CONDEMNATION OF CERTAIN PROPERTIES WHEREAS, on December 22, 1980 the City Council adopted its Resolution No. 9940 which authorized and directed the condemnation of certain properties and declared the public necessity therefor? and WHEREAS, on May 26, 1981, the City Council adopted its Resolution No. 10042 which authorized and directed the condemnation of certain properties and declared the public necessity therefor, wherein the City Council was acting in its capacity as the Joint Powers Agency under and pursuant to the Joint Powers Agreement between the City of Newport Beach and the State of California, acting by and through the State Lands Commission= and WHEREAS, Resolution No. 9940 is no longer needed to authorize the acquisition of said property and should be rescinded; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that Resolution No. 9940 is rescinded.. ADOPTED this 8th day of June, 1981. ATTEST: City Clerk Mayor HRC /pr 6/8/81 ,)trot g l� h the "41 OTY OF NRWW NM?rhl TO: CITY COUNCIL FROM: Public Works Department June 8, 1981 CITY COUNCIL AGENDA ITEM N0. f � !S SUBJECT: PROPOSED RE- ABANDONMENT OF OIL WELL LOCATED AT 206 43RD STREET RECOMMENDATION: Authorize the State.of California and /or its contractors to utilize the City -owned vacant lot at 202 43rd Street for equipment storage and for the emplacement of portable tanks for drilling mud and water storage; subject to Public Works Department review of in- surance and cleanup requirements. DISCUSSION: A letter dated May 15,.1981 (copy attached) from George P. Zebal, Consulting Geologist, concerning abandonment of the Orange County Refining Co. Well No. 1 has been received. Mr. Zebal, on behalf of property owners Properties West Inc., has been working with the State Division of Oil and Gas (DOG) to secure a proper re- abandonment of the old oil well located at 206 43rd Street. DOG has determined that the well is a hazardous well, and should be re- abandoned by DOG pursuant to Article 4.2, Chapter 1, Division 3 of the Public Resources Code. A copy of DOG Order No. 460 is also attached for ref- erence. The work will be performed by a contractor employed by the State, will be commenced in the near future, and should take about two weeks to com- plete after starting. Existing duplexes are located at 206 43rd Street, and at the adjacent parcel, 204 43rd Street, also owned by Properties West. A por- tion of one of the buildings will be removed to provide access to the well site for the re- abandonment work. A portion of 43rd Street will have to be blocked to through traffic during most of the work. Use of the vacant City -owned lot at the corner of Balboa Boulevard and 43rd Street for equipment storage and for emplacement of portable tanks for drilling mud and for water storage has been requested. This City -owned lot at 202 43rd Street is adjacent to the Properties West parcels at 204 and 206 43rd Street. Cooperation in the re- abandonment of this well is in the City's best interest, as problems originating in this and other nearby old wells have been a source of property damage, nuisance, and great local concern for many years. June 8, 1981 Subject: Proposed Re- Abandonment of Oil Well Located at 206 43rd Street Page 2 Also attached for Council reference is a sketch showing the location of the five old wel.ls in the area. The current status of these wells is in- dicated below: 1. Well No. 1, 206 43rd Street (Properties West). ,Proposed for re- abandonment by DOG in near future. 2. Well No. 2, Balboa Boulevard right -of -way opposite 200 44th Street (City right -of -way). Re- completed for use as pressure relief well in 1975. Permanent re- abandonment of this well is being investigated. 3. Well No. 3, 213 42nd Street (Roy V. Neel). Re- abandoned by DOG in 1975. 4. Well No. 4, 213 43rd Street. Re- abandoned by DOG in late 1970's, information being confirmed. 5. Well No. 5, Channel Place Park (City - owned) by City in 1975. J"; 4;' �'' � a, x 4 � I Benjamin B. Nolan Public Works Director BBN:jd Att. Re- abandoned 3 A3W AW GEORGE P. ZEBAL AND ASSOCIATES INDUSTRIAL UTILIZATION OF GEOLOGY MAY -nor 15, 1981 Mr. Benjamin B. Nolan, Public Works Director City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Dear Mr. Nolan: On behalf of my clients, Properties West, Newport Beach, I wish to in- form you of the proposed reabandonment of the Orange County Refining Co. No. 1 well located on Lot 4, Block 142, Canal Subdivision at 206 43rd Street, West Newport Beach. Attached is .a copy of Division of Oil and Gas (DOG), State of California, Order No. 460 appraising Mr. Webb Smith, Vice President of Properties West, of the declaration by DOG that the well is a hazardous well and will be reabandoned by DOG pur- suant to Article 4.2, Chapter 1, Division 3 of the Public Resources Code. Also, on behalf of my clients, I have discovered that the City of New - port Beach will not require a permit for the conduct of the reabandon- ment work. It is anticipated that the work will commence from one to three months from the date of this letter depending upon rig avail- ability. It is also anticipated that the work will require.approximately two weeks to complete. It is herein requested that the City of Newport Beach make the city - owned vacant lot (Lot 2, Block 142, Canal Subdivision) adjacent to the apartment buildings owned by Properties West available to the State contractor for equipment storage and the emplacem ent of portable tanks for mud and water storage.. In addition, it is also requested that the Newport Beach Police Depart- ment be notified so that barriers can be set up to block off a portion of the 2 00 block on 43rd Street while the work is being conducted. Sincere thanks for your cooperation in helping to eliminate another hazardous well in our city. Very truly yours, NJ George P. Ze'bal cc: Properties West Building Director P.O. BOX 1822, NEWPORT BEACH, CALIFORNIA 92663 • (714) 642.5588 STATE OF CALIFORNIA THE RESOURCES AGENCY DEPARTMENT OF CONSERVATION DIVISION OF OIL AND GAS ORDER NUMBER 460 By M. G. MEFFERD STATE OIL AND GAS SUPERVISOR APRIL 17, 1981 ORANGE COUNTY REFINING CO. OPERATOR WELL No. 1 SEC. 28, T. 6S., R. 10W., S.B.B.&M NEWPORT FIELD ORANGE COUNTY i To: Mr. Webb Smith 508 29th Street Newport Beach, CA 92663 In the matter of well No. 1, Sec. 28, T. 65., R. 1OW., S.B.B.FM., Newport field, Orange County, located on lands owned or controlled by Mr. Webb Smith: The present condition of the well, according to the records of this division is shown on the attached Exhibit A, herewith made a part of this order. Pursuant to Article 4.2, Chapter 1, Division 3 of the Public Resources Code., the State Oil and Gas Supervisor has determined that well.No. 1 is a hazardous well, a public nuisance, and a danger to life, health and /or natural resources. The supervisor has further determined that regulatory abatement, while resulting in a public benefit, would result in financial unfairness to the landowner(s).' Therefore, IT IS HEREBY ORDERED that necessary remedying actions as specified in Exhibit B, herewith made a part of this order, shall be carried out by the supervisor or his authorized agents; the cost of which shall be charged to the state's producers of oil and gas as provided in Article 7, commencing with Section 3400, Chapter 1, Division 3 of the Public Resources Code. M. G. MEFFERD STATE OIL AND GAS SUPERVISOR By I(' C(.�/�iJ'1�[ i R. A. Ybi a Deputy Supervisor EXHIBIT A The present condition of well No. 1, according to records of this division, is as follows: 1. Location: 28 feet Sly fr center line Ord Street; thence 94 feet Ely fr the east curb line of Balboa Blvd. 2. Accessibility: From Ord Street in front of residence. 3. Description of Well Site: Well located in corridor between two duplex buildings. 4. Well Status: Idle producer. S. Total Depth: 1165 feet. 6. Casing: 12 -1/2 -inch cem. 955 feet; 10 -inch landed 908 -1065 feet; 8 -1/4 -inch landed 1031 -1165 feet. 7. Tubing: None. B. Plugs: Possible 1000 sacks cement below 115 feet; 105 -2 feet. 9. Perforations: 908 -1165 feet. 10. Base of Fresh Water: None. 11. Producing Zones: "C" Zone. 12. Hole Fluid: Probably oil (7 to 30- degree gravity). 13. Junk: Possible obstruction at 115 feet. 14. Hazardous Conditions: (a) Surface: Well is leaking methane and hydrogen sulfide gas. (b) Subsurface: Gas is believed to be communicating between the "A", "B ", and "C" zones. EXHIBIT B The following operations are necessary to abate the hazardous condition of well No. 1. I. A Notice of Intention to Abandon (Form OG108) shall be filed with this division by its authorized agent (abandonment contractor) at least ten days prior to commencing work. 2. Install blowout prevention equipment. 3. Drill out all cement plugs and clean out hole to 1165 feet, if possible. 4. Replace fluid in hole with good quality drilling fluid (72 lb. per cubic foot or greater). S. Run Gamma Ray - Neutron and Cement Bond logs from clean -out depth to surface. 6. Plug with cement from 1165 feet or from clean -out depth to 808 feet. 7. Pressure test casing. 8. Shoot holes or cavity shot at 800 feet and mill out 10 -foot section of 12 -1/2 -inch casing from 50 to 60 feet. 9. Circulate mud in annulus followed by sufficient cement to fill - behind the-12-1/2-inch casing from 800 feet to the surface.. 10. Plug inside 12 -1/2 -inch casing with cement from 800 to 6 feet. 11. Cut off casing at 6 feet and restore location. 12. The division shall be notified by its authorized agent to witness all operations. 13. A Well Summary Report (Form OG100) and History (Form 0G103) shall be filed in duplicate by the division's agent within 60 days of completing the work. 0 C s/. 5 3� 12. Co. k/ELL A19'-X O!✓A/ED BY C 17'Y OF oO ASE Sgt �� .�d►tl LJ 6 ay U R4T44. ro N i � 5 C 3 -4l�E 6 � { 9 9 ' � 3 C /T VL l`_YOGVN�pv9C 2 1Q CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT k/ LL ABANDD/d/M'EJIfT Pk'Dlr/?A/!7 IN AAEST NEk/PMeor a /-s- DRAWN -� DATE 4c_uC,..2t /975 APPROVED PUBLIC WORKS DIRECTOR R.E. NO. DRAWING NO. � t C 3 ay U R4T44. ro N i � 5 C 3 -4l�E 6 � { 9 9 ' � 3 C /T VL l`_YOGVN�pv9C 2 1Q CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT k/ LL ABANDD/d/M'EJIfT Pk'Dlr/?A/!7 IN AAEST NEk/PMeor a /-s- DRAWN -� DATE 4c_uC,..2t /975 APPROVED PUBLIC WORKS DIRECTOR R.E. NO. DRAWING NO. TO: FROM: SUBJECT: .� OL y 26, 1981 CITY 000NCIL AGENDA CcwzzJ V/'VFoe ITEM N0• CITY COUNCIL Utilities Director WEST NEWPORT OIL WELLSU•%bc4!mZ+�� CONDEMNATION OF OIL PRODUCTION PROPERTY UNDER A JOINT POWERS AGREEMENT WITH THE STATE LANDS COMMISSION. RECOMMENDATIONS: 1. Hold public hearing. 2. Accept the Environmental Documents. 3. Adopt a Resolution of Necessity to condem for public use property for oil production purposes. DISCUSSION: On January 25, 1981 the operating agreement between the City and the Armstrong Petroleum Corporation (APC) to operate the tideland oil wells in West Newport expired. At expiration the agreement provided: 1. That upon the City's written request, the Contractor (APC) will assign to the City operating rights and easements used in connection with the performance of the contractor's operation. 2. That upon the City's written request, the contractor (APC) will sell to the City at fair market value the surface facilities used in connection with the performance of the Contractor's operation. 3. All strings of casing and fixtures below the surface shall remain the property of the City. In accordance with the terms of the agreement, the City has (1) requested that the required operating rights and easements be transferred to the City and (2) offered to buy at fair market value the required surface facilities used in connection with the Contractor's operation.. At termination of the operating agreement the City had hoped that there would be an orderly and smooth transition of the property interests, however APC has taken the position that they have no intention of complying with the terms of the agreement and have threatened to plug the wells and threatened a long court battle if the City did not renew the agreement. All oil production from the wells ceased on January 25, 1981. In an effort to resume production at the earliest possible date an eminent domain (condemnation) action is recommended. The action is being taken under the provisions of a Joint Powers Agreement with the State Lands Commission approved by the Council on April 13, 1981. The public use for which the property both real and personal is to be taken is for oil production purposes. The location of parcels involved are "A -1 ", 11B -111, May 26, 1981 West Newport Oil Wellst Page two "C -1115 "D" and "E" and are shown on the attached Exhibit "B ". Parcel "AB -1" is personal property. The adoption of the resolution will be followed by the filing of an eminent domain (condemnation) action in Orange County Superior Court. An order of prejudgment possession giving the City the right to take possession of the property to be condemned will be sought immediately. The action before the Council is a finding of necessity for the real and personal property located within the without the City limits. To make this finding the Council must declare that it has found and determined each of the following: (1) that the public interest and necessity require the proposed project: (2) that the proposed project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; and (3) that the property described in the resolution is necessary for the proposed project. A notice has been sent as required by law, to the name and address which appears on the last equalized County Assessment Roll for each owner of property or property interests which are affected by the proposed taking. The purpose of the notice is to give the property owner a reasonable opportunity to appear at the City Council meeting and be heard on the following matters: (1) whether public interest and necessity require the project; (2) whether the project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; and (3) whether the property sought to be acquired is necessary for the project. Pursuant to the provisions of Council Policy K -3, the Environmental Affairs Committee has evaluated the proposed project and determined that the proposed project will not have a significant effect on the enviromnent. (See Exhibit "A ".) A copy of Exhibit "A" has been included for Council members. J-- r 1 oseph T Devlin tilit T Director JTD:bc Attachments (2) Eo 2•T e�yp >> �IT fy>� po T1>A ,c Y. ohm )p� Zo > O W m D o > Z m n i ne � = Nt N _11I Y W o � /T� ?f111III a> S .J •� Yj IT CRANIA Zz �/ I O A p i s; a A A �N t i j•? • A i : i i e2 :r Imo\ �1 2 _ Il �0 rl g z " �$] •e [ p m Y N 0 7 S m x7 �r N ••� 1A mJ m ...1 N ,rd q'JQdj(�. O p rn� u N g e L• -.� NEGATIVE DECLARATION TD: Secretary for Resources FROM: planning Department 1400 Tenth Street City of Newport Beach Sacramento, CA 95814 3300 Newport.Boulevard Newport Beach, CA 92663 Clerk of the Board of Supervisors P. 0. Box 687 NAME OF PROJECT: CITY OF NEWPORT BEACH - DIL�WELL TANK FARM PROJECT LOCATION: Banning oil field, north of Pacific Coast Highway and east of Newport Shores. PROJECT DESCRIPTION: The project will consist of the installation of one 750 barrel wash tank, two 1000 barrel shipping tanks, one oil and water separator, and appurtenant facilities. The project. will also provide for the replacement in kind of existing deteriorated.oil shipping lines. FINDING: Pursuant to the provisions of City Council Policy K -3 pertaining to procedures and guidelines to implement the California Environmental Quality Act, the Environmental Affairs Committee has evaluated the proposed project and determined' that the proposed project will not have a significant effect on the environment. i MITIGATION MEASURES: 1. Native soil will be.replaced. and recompacted over the buried.pipes. " 2. Diversion walls and dikes will be constructed around the tanks to prevent.the overflow of oil from the area surrounding the. tanks. All work will conform to the existing County of Orange.regulations for oil field production. INITIAL STUDY PREPARED BY: City of Newport Beach - Utilities Department INITIAL STUDY AVAILABLE FOR REVIEW AT: 3300 Newport Boulevard, Newport Beach, CA DATE RECEIVED FOR FILING: Environ/sen/ 5 Coordinator p�. + Date: /1/1 -1�7XLJ I FILI+r 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OIL WELL TANK FARM •:11 ENVIRONMENTAL REVIEW -- NOTICE OF DETERMINATION A preliminary environmental review of the proposed project for the installation of an oil well tank farm located in the Banning oil field north of Pacific Coast Highway and east of Newport Shores has been per- formed. The review was conducted in accordance with the requirements of the California Environmental Quality Act of 1970, the State "Guide- lines for Implementation of the California Environmental Quality Act of 1970," and the.City's "Policies and Procedures for Implementing the California Environmental Quality Act." The environmental statement has been reviewed and was approved by the City's Environmental Affairs Committee. As a result of the preliminary review, it has been determined that: 1. The project is approved. 2. The project will not have a significant effect on the environ- ment. 3. An environmental impact report has not been prepared. A negative declaration has been prepared and is attached hereto. k.x-- �G--,. 7epi 1. Devlin litiCS Director id Att. 0 :. CITY OF NEWPORT BEACH OIL WELL TANK FARM NEGATIVE DECLARATION BY CITY OF NEWPORT BEACH UTILITIES .DEPARTMENT 1. PROJECT LOCATION: The proposed tank farm is located -in the Banning oil field, north of Pacific Coast Highway and east of Newport Shores. The project is within the County of Orange and adjacent to the city boundary of the City of,Newport Beach. 2. PROJECT DESCRIPTION: The project will consist of the installation of one 750 barrel wash tank, '.two 1000 barrel shipping tanks, one oil and water separator, and appurtenant facilities. The project will also provide for the, replacement in kind of existing deteriorated oil shipping lines. 3. PROJECT GOALS: The project -will provide for two 1000 barrel. shipping tanks to receive -and store oil production from 16 oil wells owned by the City of Newport Beach. Because the oil is heavy and mixed with water, the oil will have to. be heated and dewatered before shipping. "The effluent water will be treated before being discharged into an Orange County Sanitation District No. 5 collector main located adjacent to the site. Existing deteriorated shipping lines will be replaced to improve reliability of the system. 4. EFFECT ON THE ENVIRONMENT: There will be no significant long -term irre- versible or irretrievable effects on the environment.. There will be minimal, acceptable -short -term distrubances of the environment during construction. 5. BASIS FOR NEGATIVE DECLARATION: This project is consistent with the General Plan of the County of Orange and the General Plan of the City of Newpdrt Beach and would not have a significant effect on the environment. The County zoning for the property is R -4 with an "0" (oil)overlay.. 6. INITIAL STUDY: The City this Declaration Chapter 3, Guidelines for Ouality Act of 1970. Copies or the snit uringnormal business hours. of Newport Beach Utilities Department has prepared and its Initial Study in accordance with Article 7, Implementation of the California Environmental . may rom said CITY OF NEWPORT BEACH OIL WELL TANK FARM INITIAL STUDY BY CITY OF NEWPORT BEACH UTILITIES DEPARTMENT A. .CONFORMANCE WITH THE GENERAL PLAN This project is in accord with the General Plan of the County of Orange and the City of Newport Beach. B. ENVIRONMENTAL CHECKLIST FORM An Environmental Checklist Form (Appendix I -- attached) has been completed as a. portion of, this study. The following statements; referenced to specific questions presented on the checklist, explain all, "yes" and "maybe" answers: II.I.b. Disruption of native soil is required for the compaction of the base material for the oil tank foundations and for the excavations to bury the oil shipping lines. Native soil will be replaced and recompacted over the burried pipes. II.I.c. Ground surface features will.be altered to form dikes and diversion walls to impound oil and prevent overflow. The dikes and diversion walls will'be constructed in accordance with the County of.Orange regulations for oil production.. II.9.c. The tank farm is being constructed to maintain the existing oil production from 16 City owned wells. No increase in production or number of oil wells is proposed in connection with the project. II.10.. Diversion walls and dikes will be constructed around the tanks to prevent the overflow of oil from the area surrounding the tanks. All work will conform to the existing County of Orange regulations for oil field production. a APPENDIX I ENVIRONMENTAL CHECKLIST "FORM (To:.be completed by Lead,Agency)` -.I. BACKGROUND 1. Name of Proponent 2. Address and Phone Number o oponen : . 3. Date of Checklist Submitted 4. Agency Requiring Checklist 5. Name of Proposal; if applicable .� II. ENVIRONMENTAL IMPACTS t (Explanations of all "yes" "and "maybe"' answers: are required,'." on attached sheets.) YES MAYBE � NO 1." Earth. Will the proposal result in: C. a. Unstable earth conditions or in . X _. -- changes in geologic substructures ?• b. Disruptions,.displacements, com- _..... paction or overcovering "of the soil? X c. Change in topography or ::ground surface relief features? d. The destruction, covering or modification of any unique geologic or physical features?.- X . e. Any increase in wind or water erosion of soils, either on or off the site? x f. Changes in deposition or erosion of beach sands, or changes in,:. . siltation, deposition or erosion which may modify the channel of,.:.•.1 a river or stream or the bed of:: -: X the ocean or any bay, inlet or lake? xr ,i g. Exposure of people or property to ,.M: landslides, mudslides,,ground failure,_;:; YES MAYBE NO e. Discharge into surfaer: eater::, or in.any alteration -of �urfure.wat r,.: t; quality, including but.:not limitc-d to termperature, dissolved oxygen or Y. ,lter•at :r: of the dir•Cct:ion or ,rate of flow of ground waters'? X L; . Change >n the .quaritity� Qf;. i round craters, either through,,direct,•additions, or withdrawals, or-,through', i.nterceptlon •. �. of an aquifer by cut: or g. Exposure of people or property to geologic hazards such as earthquakes, .'. landslides, mudslides,,ground failure,_;:; or similar hazards? __.. 2. Air. Will.the proposal result in. a. Substantial air emissions or deterioration of ambient air quality? x b. 'The-creation of objectionable .. _. xodors :c:`" "'Alteration of.alr movement,;;, moisture "or temperature,, or any,i i,, ;.. change' in" climate, .either locally or regionally? - f; 3.v, Water.,,, Will the proposal' r(;sult) in.:.., a. Changes in currents, or the course or; +,direction of water movements, in (A-trier marine or fresh waters'? X' L. Changes in iibsorption rotes, drainage; patterzn, or..the;,rate - - and amount.. surface water runoff _.'. c. Altcratione Go the course o.r flow of , flood riatrrs , ,- d, Change in the amount of ,!:ur�faee ..gat,�r in any water body? __.. e. Discharge into surfaer: eater::, or in.any alteration -of �urfure.wat r,.: t; quality, including but.:not limitc-d to termperature, dissolved oxygen or Y. ,lter•at :r: of the dir•Cct:ion or ,rate of flow of ground waters'? X L; . Change >n the .quaritity� Qf;. i round craters, either through,,direct,•additions, or withdrawals, or-,through', i.nterceptlon •. �. of an aquifer by cut: or 1 h, Substantial reduction in the amount of water otherwise available. - - --for public water supplies?. 1. Exposure of people or property ?` to water related hazards such as flooding tidal waves ?,': or 4. Plant Life. Will the,proposal result . -Trv.- a. Change in the. diversity of species, or number of any species of 'plants trees, shrubs, grass, .(including crops, microflora and aquatic plants) ?' b. Reduction of the numbers of any Unique, rare or endangered species .. x of plants ?..., C. Introduction of new species of* plants into an area;!or in a barrier -- to the normal replenishment: of. "•' X existing species? „ .. l d. Reduction- in acreage of any `>>•' agricultural crops : -!... ... 5. Animal, Life. :.Will.,the..proposal• ! result n: ...: i.,) ,:; i:.: a:' Change in the,diversity of species, or numbers of: any' species -!, .:! -' ;. "• • of animals. (birds,'land' animals' including reptiles, fish: and c.,. shellfish, benthic or anisms,.. -.. - insects or microfaunag? X b, Reduction of.:the numbers of any unique, rare.or endangered:species X - - ...of animals? - c. Introduction' of::new!species of animals into an area, or result,in a barrier, ,to .the .migration movement of animals?.,.., .:,i,: ; i.;;,• :; :, __._ . d. Deterioration to existing fish or wildlife habitat? 1 y �z 14. ,1 YES MAYBE NO 4 k "6. Noise. Will the proposal result in: a. Increases in .existing noise's.,;, : }� Levels? — b. Exposure of people.to'severe (' noise levels? 7.''"'Light and Glare. Will the proposal pro uce new: ig t. or glare? i ":. 8. Land Use. Will the proposal result in a su s antial alteration,of the present.or planned land use of an areal + . 9•- t,— Natural Resources. Will the ` proposaY re an: ;,t i t, ,, i a. Increase in the rate of use of„sa any natural resources? x — b. Substantial, depletion, of. any nonrenewable . natural resource ?. '11J 117 710. - -'Risk of Upset. Does. "the proposal involve a r sk ,of: am explosion' on i ,:i, the release of hazardous,csubstances ) ', ;> 7 (including, but not limited to, oil, pesticides, chemicals: orLradiation)' z Y:c'. in.the event of an accident or :.! .- upset conditions? �( 11. Population. Will..the proposaT� alter '-� - the ocation,.distribution;j. density,,!: or growth rate , of .the,. human= popu- ='• t- lation of an, area ?, -12, Housing. Will the proposal affect e`xisti;g housing, or create a, demand for additional.. housing ?'o - "'1 "Transportation /Circulation. Will The proposal' result in:;., F7 . •, ; .1 a. Generation of subs tantial•"addi -" t tional vehicular movement? - 4 C. oJ i !,YBE - TO 1 ?5. f'. Other governrn: „tal services? herd*, Will the, proposal.result in:.: a. Uae:of subsitantial amounts of, .fuel or energy? T b. Substantial increase In demand upon exiting; sources' of energy, or require the devalopment of ricu sources of cner•gy? X parking? x c. Subst.antial,impact , upon•existing• transportation systems? �( -°d. 'Alterations to present patterns of circulation or movement of people and /or goods? jj e.- Alterations to waterborne, rail --or ,air traffic? X -••'f. Increase In traffic hazards to motor vehicles, bicyclists., or, pedestrians? 11F. Public Services. . Vill the proposal Wave an c3fec upgn,','or „result ;1n ,a need for new or altered, govern -.,. 0 ° mental services In any of the follotaing areas: z X a..'. Fire protection? b. Police - protection? I• ; r Ic o c. Schools? X d.” Parks or' other 'recreationaT facilities? C. M.Untenance ' Of Public. facili- '. ties, including roads ?.' ::... 1 ?5. f'. Other governrn: „tal services? herd*, Will the, proposal.result in:.: a. Uae:of subsitantial amounts of, .fuel or energy? T b. Substantial increase In demand upon exiting; sources' of energy, or require the devalopment of ricu sources of cner•gy? X 16 YES MAYBE NO 16: Utilities. Will the proposal result in a need for new systems,. or'- substantial alterations to the following utilities; a...,, •Power or natural gas? X b. Communications systems? x c. Water? x d. Sewer or septic tanks? — )K e. 'Storm water drainage ?, i( f. Solid waste and disposal? . x 17. Human Health. Will the proposal' resu n_ — a. :Creation of any health hazard or potential health hazard (excluding,. mentah:health)•> x b. Exposure of people to-potential,; health hazards? )( - 18. Aesthetics. Will the proposal result in the obstruction of.any..scenic vista or view open to the plablic, or will the proposal result in the ; creation of an aesthetically offensive site open,to.public.view ?:_ X l,i... Recreation. Will the proposal result in an impact upon the.,quality or .quantity of existing.recreational ' _ .. opportunities? x 20. Archeological /Historical. Will the proposal result in an alteration of a significant archcologi'cal'or historical site, !trueture., object or building? X i 21. Mandatory Findings of Significance-. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a •fish ;r +. l_u:! ,or. wildlife species, cause a.fish or wildlife rs !..t,: ..!.,!_population to drop below.self sustaining iS levels, threaten to eliminate a`plant or community, ommunity, reduce the, number•or' restrict the range of a rare or endangered plant or animal or eliminate important ,:examples of the major periods of California ..;history or prehistory? b. Does the project have the poten- tial to achieve short -term, to the disadvantage of long - term, environ- mental goals? (A short -term impact :on the environment is one which occurs in a relatively brief, definitive period of time while long -term impacts will endure well into the-future.) c. Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.). d. Does the project have environ- mental effects which will cause substantial adverse effects on human beings, either directly or indirectly? III. DISCUSSION OF ENVIRONMENTAL EVALUATION — X ; X X g. • 18 . IV..- DETERMINATION (To be completed by the Lead Agency) On the basis of this initial evaluation: \ IZIXQI I find•the proposed project,COULD NOT have a significant effect on the environment, and,a NEGATIVE DECLARATION. will..be prepared. I -find that although :tho proposed project could have a .significant effect on.the environment, there will.not be a significant effect.in this case because the mitigation measures described.on an attached sheet have been added to the project...A NEGATIVE DECLARATION WILL HE PREPARED, % I find the proposed project MAY have a significant effect on the environment; and an ENVIRONMENTAL IMPACT REPORT. is_ required. Date O Signature . • BEECO, LTD. _Z 3990 WESTERLYPLACE,SLITE 255 P.O. Box 102e �il NEWPORT BEACH, CALIFORNIA CD 992663 si (714) 833 -8701 By May 18, 1981 CITY J,' �• f f3 r ° "' ` 1 City of Newport Beach City Hall 3300 Newport Boulevard Newport Beach, Ca. 92660 Attention: City Clerk Gentlemen: We have your May 8, 1981 Notice Of Intention Of The City Council Of The City Of Newport Beach To Adopt A Resolution Of Necessity. It is understood that this resolution will be considered by the City Council at a meeting to be held at 7:30 p.m. on May 26, 1981. Beeco, Ltd. is an owner of property interests which, according to your notice, are affected by the proposed taking. This letter is our written request to appear and be heard as invited in your notice. Sincerely, BEECO, LTD. LAohn Haskell Vice President JH:DD cc Joseph T. Devlin, Utilities Director • i ARMSTRONG PETROLEUM CORPORATION POST OFFICE BOX 1546 NEWPORT BEACH, CALIFORNIA 92663 TELEPHONE (714) 675.5231 May 19, 1981 City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Gentlemen: '�) -.:2- '14 O l o9�9rg Please be advised that Mr. Robert Armstrong and /or Mr. Robert H. Buchanan representing Armstrong Petroleum Corporation, wish to appear at the City Council Meeting held May 26 at 7:30 p.m. at the City Council Chambers. Thank you, ARMSTRONG PETROLYUK�ORPORATION A 12,E Robert A. Armstrong President RAA /kr • Mobil Oil Corporation May 22, 1981 City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 0 12631 EAST IMPERIAL HIGHWAY, SUITE 120 -0 SANTA FE SPRINGS, CALIFORNIA 90670 ' RECEIVED CITY CLERK AIAY 22 1981• NEWPORT BEACy CALIF. Re: May 8 Notice of Intention of the City Council of the City of Newport Beach to Adopt a Resolution of Necessity Dear Sir: On behalf of Mobil Oil Corporation, the operator of the Banning Lease, this is to advise our intent to exercise our right under California Code of Civil Procedure No. 1245.235 to appear and be heard at the Newport Beach City Council meeting to be held on May 26, 1981, at 7:30 p.m., at the City Council Chambers relative to the City Council's stated intention to adopt a Resolution of Necessity, preliminary to the filing of an eminent domain action in Orange County affecting property rights owned by Mobil Oil Corporation. Very truly yours, MOBIL OIILL CORPO�RATION S. R. McGavran District Production Superintendent Santa Fe Springs District Mobil Oil Corporation 12631 EAST IMPERIAL HIGHWAY. SUITE 120 -17 SANTA FE SPRINGS. CALIFORNIA 90670 May 26, 1981 STATEMENT OF MOBIL OIL CORPORATION REGARDING NOTICE OF INTENTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH TO ADOPT A RESOLUTION OF NECESSITY In response to the notice of May 8, 1981, received by Mobil Oil Corporation on May 21, 1981, regarding the City Council's stated intention to adopt a Resolution of Necessity, preliminary to the filing of an eminent domain action in Orange County affecting property rights owned by Mobil Oil Corporation, Mobil Oil Corporation wishes to state its position of being in opposition to the adoption of such Resolution of Necessity. The notice received by Mobil did not contain a copy of the proposed Resolution of Necessity nor did it contain a description of the general location and extent of the property to be taken and therefore Mobil Oil Corporation does not have information in sufficient detail to identify the property rights owned by it which will be affected by the adoption of this Resolution of Necessity. A Mobil 0 May 26, 1981 The record should reflect the notice addressed to Mobil Oil Corporation was dated and postmarked May 8, 1981, but was not received until May 21, 1981, thereby making it difficult for Mobil to file a written request to appear and be heard within the 15 -day period specified by the statute. W. A. Miller for Mobil Oil Corporation Tf 'orit --J— ma] . y protest is filed, r: don subject annexation pro_ �3.- .. ..:... ings. truary 23, 81' ITY COUNCIL AGENDA ITEM NO. j 3 L CITY OF c ' PO T B q�� TO: CTI"11 COUNCIL FROM: Utilities Director SUBJECT: OXBOW ANNEXATION NO. 88 (WEST NEWPORT OIL WELLS) RECOMMENDATIONS: I. Hold Public Hearing (Continued from February 9, 1981). 2. Close Public Hearing. 3. If a majority protest has not been filed adopt required resolution. 4. If a majority protest is possible take matter under advisement and deliberation to the Council meeting of March 9, 1981. DISCUSSION: On November 10, 1980 the City Council adopted Resolution 9921 applying to the Local Agency Formation Commission (LAFCO) for authorization to annex to the City certain uninhabited territory contiguous to the City of Newport Beach and known as Oxbow Annexation No. 88. The areas proposed for annexation are shown as Parcels A and B on the attached Exhibit "A ". On December 10, 1980 the Local Agency Formation Commission (LAFCO) after holding a public hearing adopted Resolution No. 80 -97 designating the City of Newport Beach as the conducting authority and directed the City to initiate the annexation proceedings. On December 22, 1980 the City Council adopted a resolution initiating the proceedings for annexation and set a public hearing for January 26, 1981. The hearing was continued to February 9, and to February 23, 1981. The City, as lead agency, has determined that the proposed annexation to be categorically exempt from the requirements of the California Environmental Quality Act of 1970. The purpose of the annexation is to allow the City to provide City services to the area and to eliminate the need to pay both property and mineral taxes to the County. Procedure to be followed: 1. At the hearing, the City shall hear and receive any oral and written protests, objections or evidence which shall be made, presented, or filed (G.C. #35226). February 23, 1981 Oxbow Annexation No. 88 Page 2 2. At the conclusion of the hearing, the City shall determine the value of written protests filed but not withdrawn by owners of land within the proposed annexation (G.C. #35227). 3. The City shall cause the names of those landowners filing written protests to be compared with the names of the persons shown as owners of land on the last equalized assessment roll to determine (G.C. #35122): (a•) The total number of landowners within the territory and the total assessed valuation of all land within the territory; (b) The total number of landowners represented by qualified signers and the total assessed valuation of land owned by qualified signers. 4. Within 30 days after the conclusion of the hearing, the City shall find and declare by resolution whether a majority protest has been made (G.C. #35229). (a) The City shall terminate proceedings if written protests have been filed and not withdrawn by the owners of land who own not less than 50% of the total assessed value of land and improvements within their territory. (b) The City shall order that the territory be assessed if written protests represent less than 50% of the total value of land and improvements within the territory. "'Jbseph �T. Devlin Utiliti Director be Attachment IJnn vV 0 IV r� is ro ll - j�S,v JA 1c r n. ARMSTRONG PETROLEUM CORPORATION POST OFFICE BOX IS46 + NEWPORT BEACH, CALIFORNIA 92663 Cy tlla Vi�� VIVv iL 7Y OF N; WPORT BEACH — . 9 TELEPHONE (714) 675 -5231 By the C:.ii7 :.:ra.:.. February 9, 1981 CITY OF NEWPORT 4ZA , . City of Newport Beach City Hall 3300 Newport Boulevard Newport Beach, California 92663 Attention: Ms. Wanda E. Anderson City Clerk Re: Annexation Proceedings Oxbow Annexation No. 88 Gentlemen: This letter is to confirm that Armstrong Petroleum Corporation continues to protest the proposed annexation by the City of Newport Beach of that certain property described in the Resolution of the City Council of the City of Newport Beach adopted December 22, 1980, as more fully set forth in our letter dated January 26, 1981, a copy of which is attached. Armstrong Petroleum Corporation opposes such proposed annexation and files this written protest against said annexation in accordance with provisions of law and the aforesaid Resolution of December 22, 1980. The name and address of Armstrong Petroleum Corproation are: Armstrong Petroleum Corporation 3355 Via Lido, Suite 300 Newport Beach, California 92663 Yours very truly, ARMSTRONG PETROLEUM CORPORATION By Ms. Gilli Assistant Attachment an Assel Secretary t dr 97 ARN'1SIRONG ) ;FI'R01.: JINI (ORPORATION POST OFFICE m)\ ISd6 NVWPOW1 I1FACIL CALIFORNIA 92663 'ngTNIONE 171.1567.S 5211 January 26, 1981 City of Newport Beach City Hall 3300 Newport Boulevard Newport Beach, California 92663 Attention: Ms. Wanda E. Andersen City Clerk Re: Annexation Proceedings Oxbow Annexation No. 88 Gentlemen: This letter constitutes the protest of Armstrong Petroleum Corporation to the proposed annexation by the City of Newport Beach of that certain property described in the Resolution of the City Council of the City of Newport Beach adopted December 22, 1980. Armstrong Petroleum Corporation is the owner of the leasehold estate, as successor in interest to the original Lessee, under and that is covered by that certain Lease dated May 26, 1947, by and between Anne O. Banning, et al., as Lessors, and D. W. Elliott, as Lessee, covering certain lands in the County of Orange, more fully described in Exhibit "A" attached hereto and made a part hereof; such Lease is in full force and effect. Armstrong Petroleum Corporation is the owner of an undivided one -half (1/2) of the leasehold estate, as successor in interest to the original Lessee, under and that is covered by that certain Lease dated November 15, 1944, by and between Townsend Land Company, as Lessor, and Macco Construction Company, as Lessee, covering cer- tain lands in the County of Orange, more fully described in Exhibit "A" attached hereto and made a part hereof; such Lease is in full force and effect. The property described in the aforesaid Resolution dated December 22, 1980, and that which is proposed to be annexed by the City of Newport Beach, lies within and constitutes a part of each of the aforesaid Leases. Said proposed annexation will affect the interests and ownership of Armstrong Petroleum Corporation in and to the leasehold estates created by said Leases. 3 City of Newpor ch January 26, 1900� Page -2- By reason of said Leases, Armstrong Petroleum Corporation owns and operates oil production facilities (including without limitation well bores, casings, wellhead equipment, pumps, motors, pipelines, valves, and related fac'i.l:iC.ics) which arc physically located in and upon that certain property described in the afore- said Resolution and which is the subject of the proposed annexation. The territory sought to be annexed is uninhabited. To the best knowledge and belief of Armstrong Petroleum Corporation, the City of Newport Beach does not own or operate any oil production facilities in or upon the property sought to be annexed. Armstrong Petroleum Corporation opposes such proposed annexation and files this written protest against said annex- ation in accordance with provisions of law and the aforesaid Resolution of December 22, 1980. The name and address of Armstrong Petroleum Corporation are: Armstrong Petroleum Corporation 3355 Via Lido, Suite 300 Newport Beach, California 92663 Yours very truly, ARMSTRONG PETROLEUM CORPORATION R. A. Armstrong, President By R. A. Armstrong, President CEL It .. A strl 'mencing at the Sc ' 'leased: to'; salil Mi to'Ehe Southerly'; ,. said;:facco'`Conati the ,Southeriy boi tho,Northerly bp along :and immedii boundary o!` eiid :boundery,of said Conetruction'coc ittached'tto said whereon the' aaid is outlined'Sn r PARCEL I t Adl', leosorso.underly . at 111C. .eebterly • v . of 4i id hi 'the;; larid,7 ac he }viru map; ;b We PARCEL 475,--O Xis, V. 250, ne,land. demised Eo �'•: Wry of said lung is cioesed lary `of ".the .State Higliwsyj thanes )ly eonti¢uoue to the Northerly`; ; sate HieFwsy to the Easterly uxd devised to U6 ,said ; Rico lyj. all f a set ;forth on she nap_ moe and :cede . r:;:port thereof., , 50- foot;_ strip. Aerein : eritioned and 'rnarked: "Vhipstocd'Beao. the sub- murt see 'otimed by the g the:etute hiahwayi coua�encingr ;; inning at a point in the HorLhrestorly ;line ;ost. %::a Aveuus, 2oimerly Newport Avenue, ae:aaM Newport j rhowa on a ;Msp,:of..Tract Nor;'150'rec6rdk;, uL ;H4 age, .9 of Mlecellaneoue 2bpe�� "reooTde of Oreage'c �i' :, . ��=r�. PARCEL 1: A PORTION OF LOTS "B ", "C", AND "'D", ALL OF THE BANNING TRACT, PARTLY WITHIN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF SAID TRACT, FILED IN THE CASE OF HANCOCK BANNING, ET AL., VS. MARY H. BANNING FOR PARTITION, AND BEING CASE NO. 6385 UPON THE REGISTER OF ACTION OF THE SUPERIOR COURT OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS COMMENCING AT A POINT ON THE BOUNDARY LINE BETWEEN LOTS "A" AND "B" OF THE BANNING TRACT, SOUTH 890 28' WEST 126.30 CHAINS FROM THE NORTHEASTERLY CORNER OF LOT "B" OF SAID TRACT; THENCE SOUTH 890 28' WEST 50.34 CHAINS TO A POINT; THENCE SOUTH 010 45' WEST, 6.61 CHAINS, THENCE SOUTH 340 15' WEST 7 CHAINS; THENCE SOUTH 60 15' EAST, 16 CHAINS; THENCE SOUTH 190 45'' WEST 8 CHAINS, THENCE SOUTH 340 30' WEST, 7 CHAINS; THENCE SOUTH 420 45' WEST, 6 CHAINS; THENCE SOUTH 40 45' WEST 7 CHAINS; THENCE SOUTH 210 15' WEST, 3 CHAINS, THENCE SOUTH 840 45' EAST 6.62 CHAINS; THENCE NORTH 890 45' EAST 31.50 CHAINS, THENCE SOUTH 490 EAST 8 CHAINS; THENCE EAST 280 EAST, 13.50 CHAINS, THENCE SOUTH 13.50 CHAINS, THENCE SOUTH 430 EAST, 5.50 CHAINS; THENCE SOUTH 70 EAST, 8.50 CHAINS, THENCE SOUTH 740 15' EAST, 21 CHAINS; THENCE SOUTH 520 15' EAST, 16 CHAINS; THENCE SOUTH 810 15' EAST 5.36 CHAINS TO A POINT ON THE BOUNDARY LINE OF LOTS "B" AND "C" AND "D"' OF THE BANNING TRACT AND LAND OF JAMES IRVINE; THENCE ALONG SAID BOUNDARY LINE NORTH 390 45' EAST, '21.58 CHAINS TO AN IRON STAKE, THENCE NORTH 290 18' WEST 96.96 CHAINS TO A POINT.; THENCE NORTH 190 02' EAST, 16.16 CHAINS TO THE POINT OF BEGINNING. EXCEPT THEREFROM THE LAND CONVEYED TO THE NEW'BERT PROTECTION DISTRICT, BY DEED RECORDED JUNE 22, 1911 IN BOOK 197 PAGE 300 OF DEEDS. ALSO EXCEPT THAT PORTION THEREOF INCLUDED WITHIN THE HEREINAFTER DESCRIBED TRACT LYING ABOVE A PLANE PARALLEL TO AND 500 VERTICAL FEET BELOW THE PRESENT SURFACE OF SAID TRACT; DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHWESTERLY LINE OF SUPERIOR AVENUE, FORMERLY NEWPORT AVENUE, AS SAID NEWPORT AVENUE IS SHOWN ON A MAP OF TRACT NO. 15, RECORDED IN BOOK 9 PAGE 19 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; WHICH, POINT OF BEGINNING BEARS h - / 7 w NORTH 390 45' EAST 35.24 FEET FROM THE MOST EASTERLY CORNER OF LOT 1 IN BLOCK 1 Or SAID TRACT NO. 15; THENCE NORTH 50° 15' WEST 122.00 FEET TO THE BEGINNING OF A CURVE TO THE LEFT; THENCE NORTHWESTERLY ON A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 730.00 FEET AND TANGENT TO THE LAST MENTIONED COURSE, A DISTANCE OF 130.21 FEET TO A POINT FROM WHICH A RADIAL LINE BEARS SOUTH 290 31' 48 " WEST; THENCE SOUTH 390 45' WEST 75.42 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; THENCE SOUTHWESTERLY ON A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 450.00 FEET AND TANGENT TO THE LAST MENTIONED COURSE, A DISTANCE OF 235.10 FEET TO A POINT FROM WHICH A RADIAL LINE BEARS NORTH 200 19' WEST, THENCE SOUTH 5° 43' 13" EAST 234.53 FEET TO AN INTERSECTION WITH THE NOR 4aRLY LINE OF THE EASEMENT FOR REALIGNMENT OF SUPERIOR AVENUE AS CONVEYED TO ORANGE COUNTY BY DEED RECORDED JANUARY 4, 1954 IN BOOK 2643 PAGE 217, OFFICIAL RECORDS AND BY DEED RECORDED MARCH 22, 1954 IN BOOK 2692 PAGE 622, OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTH_ 50 43' 13" EAST 30.22 FEET TO A POINT FROM WHICH A RADIAL LINE BEARS NORTH. Q° 54' 07" EAST; THENCE NORTHEASTERLY, ON A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 373.48 FEET TO A POINT FROM WHICH A RADIAL LINE BEARS NORTH 370 15' 00" WEST; THENCE NORTHEASTERLY ON A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 904.00 FEET, A DISTANCE OF 205.11 FEET TO A POINT IN THE CENTER LINE OF SAID SUPERIOR AVENUE FROM WHICH POINT A RADIAL LINE BEARS NORTH 500 15' WEST; THENCE NORTH 390 45' EAST ALONG TN.E CENTER LINE OF SAID SUPERIOR AVENUE 87.00 FEET; THENCE NORTH. 500 15' WEST 30.00 FEET TO THE POINT OF BEGINNING; WITHOUT THE RIGHT EXPRESS AND IMPLIED, TO ENTER UPON OR TO USE THE SURFACE OF SAID TRACT OR THE SAID TOP 500 FEET THEREOF FOR ANY PURPOSE WHATSOEVER. ALSO EXCEPT THEREFROM LOT 2 OF TRACT NO. 463, AS PER MAP RECORDED IN BOOK 32 PAGES 2 AND 3 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ALSO EXCEPT THAT PORTION Tt°SREOF INCLUDED WITHIN LOTS 1111 AND 1112, AS SHOWN ON THE MAP OF NEWPORT MESA TRACT, RECORDED IN BCOK 3 PAGE 1 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ALSO EXCEPT THE PORTIONS THEREOF INCLUDED WITHIN WHITTIER AVENUE AND 16TH STREET, AS SHOWN ON SAID MAP OF NEWPORT MESA TRACT. ALSO EXCEPT THE PORTIONS THEREOF INCLUDED WITHIN A STRIP OF LAND 30 FEET IN WIDTH THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHERE THE EASTERLY BOUNDARY LINE OF THE RANCHO LAS BOLSAS BETWEEN STATIONS 78 AND 79 OF THE SAID BOUNDARY LINE IS INTERSECTED BY THE LINE WHICH BEARS NORTH 130 26' 30" EAST FROM THE -C Ria � �',y�GSIMewbli;t*M!'i1PiP�(w Yf6U:`�,t4, r ., 'r POINT ON THE SOUTH LINE OF SECTION 181 TOWNSHIP 6 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, 2,244.'12 FEET; NORTH 890 381 EAST FROM THE SOUTK QUARTER SECTION CORNER OF SAID SECTION, SAID BEGINNING POINT BEING ON THE SURVEYED CENTER LINE OF THE SANTA ANA - ANAHEIM JOINT OUTFALL SEWER; THENCE FROM SAID POINT OF BEGINNING SOUTH 130 261 30" WEST, ALONG SAID CENTER LINE TO STATION 187 PLUS 74.49 BEING THE POINT ON THE SOUTH LINE OF SAID SECTION 18, 2,294.92 FEET NORTh 890 38'' EAST FROM THE SOUTH. QUARTER CORNER OF SAID SECTION; THENCE CONTINUING SOUTH 130 26' 30" WEST ALONG SAID SURVEYED CENTER LINE 2,795.66 FEET TO STATION 215 PLUS 70.15; THENCE SOUTH 160 27' 30" WEST, ALONG SAID CENTER LINE 1050.35 FEET TO A POINT 15.30 FEET SOUTH 840 45' EAST FROM STATION 68 OF THE RANCHO LAS BOLSAS, TOGETHHER WITH THE STRIP OF LAND VARYING WIDTH LYING BETWEEN THE EASTERLY LLNE OF THE ABOVE DESCRIBED 30 FOOT STRIP AND THE WESTERLY LINE OF THE RIGHT OF WAY OF THE SANTA ANA RIVER THROUGH THE NEW'BERT PROTECTION DISTRICT AS CONVEYED TO THE CITY OF SANTA ANA, BY DEED RECORDED APRIL 14, 1934 IN BOOK 670 PAGE 147. OFFICIAL RECORDS. ALSO EXCEPT THEREFROM THAT PORTION OF LOT "B" OF THE BANNING TRACT, AS SHOWN ON A MAP OF SAID TRACT, FILED IN THE CASE OF HANCOCK BANNING, ET AL., VS. MARY H. BANNING CASE NO. 6385, PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EASTERLY LINE OF THE 300 FOOT STRIP OF LAND FOR SANTA ANA RIVER CHANNEL, AS DESCRIBED IN THE DEED TO THE NEWBERT PROTECTION DISTRICT, RECORDED JUNE 22, 1911 IN BOOK 197 PAGE 300 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, WHICH POLNT IS NORTH 710 2G' EAST 51Q.47 FEET FROM Tr.E SOU HWEST CORNER OF SAID LOT "B", WHICH LAST MENTIONED CORNER IS ALSO STATICN 149 OF THE RANCHO SANTIAGO DE SANTA ANA; THENCE NORTH 130 25' EAST ALONG THE EASTERLY LINE OF SAID 300 FOCT STRIP OF LAND, 660 FEET; THENCE SOUTH 760 35' EAST 66Q FEET; THENCE SOUTH 130 23' WEST, 660 FEET; THENCE NORTH 760 35' WEST, 66Q FEET TO THE POINT OF BEGINNING, AS CONDEMNED BY THE CITY OF NEWPORT BEACY., IN THE ACTION ENTITLED CITY OF NEWPORT BEACH, A MUNICIPAL CORPORATION, PLAINTIFF, VS. TOWNSEND LAND COMPANY, ET AL., DEFENDANTS, CCASE NO. 34747), A CERTIFIED COPY OF THE FINAL JUOGMENT HAVING BEEN RECORDED AUGUST 201 1237 IN BOOK 910 PAGE 19, OFFICIAL RECORDS. ALSO EXCEPT THAT PORTION INCLUDED WITHIN THE SURFACE AND SUBSURFACE ABOVE A DEPTH OF FIVE HUNDRED CS00i FEET BELOW THE PRESENT SURFACE OF THAT CERTAIN REAL PROPERTY SITUATED IN ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT THE MOST EASTERLY CORNER OF TRACT NO. 15, MELROSE MESA, l AS SHOWN ON ,A MAP RECORDED IN BOOK 9 PAGE 19 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, SAID POINT OF BEGINNING BEING IN THE SOUTHEASTERLY LINE OF LOT "D", IN THE 'B'ANNING TRACT, AS SHOWN ON A.MAP OF SAID TRACT FILED IN THE CASE OF HANCOCK BANNING AND OTHERS, VS. MARY H. BANNING FOR PARTITION AND BEING CASE NO. 6335 UPON THE REGISTER OF ACTIONS OF THE SUPERIOR COURT OF LOS ANGELES COUNTY, CALIFORNIA; THENCE NORTH 220 24' 45" WEST ALONG THE NORTH- EASTERLY LINE OF SALD TRACT NO. 15 AND ALONG THE SOUTHWESTERLY LINE OF FIRST ADDITION TO NEWPORT MESA TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 8 PAGE 61 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY AND ALONG THE- SOUTHWESTERLY LINE OF NEWPORT MESA TRACT AS SHOWN ON A MAP RECORDED IN BOOK 5 PAGE 1 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, 3,691.50 FEET TO A POINT IN THE EASTERLY LINE OF WHITTIER AVENUE, 60 FEET IN WIDTH, AS SHOWN ON SAID MAP OF NEWPORT MESA TRACT; THENCE SOUTH QO 36' 01" EAST ALONG THE SOUTHERLY PROLONGATION OF THE SAID EASTERLY LINE OF WHITTIER AVENUE 3,465.51 FEET MORE OR LESS TO AN INTERSECTION WITH A LINE ON A CURVE CONCAVE TO THE SOUTHWEST, 250.00 FEET NORTHEASTERLY OF AND PARALLEL WITH THE NORTHEASTERLY LINE OF THE 10.0 FOOT RIGHT OF WA`( OF THE CALIFORNIA STATE HIGHWAY AS DESCRIBED IN DEED RECORDED APRIL 20, 1936 IN BOOK 822 PAGE 48, OFFICIAL RECORDS, RECORDS OF SAID COUNTY,, A RADIAL LINE FROM SAID POINT OF INTERSECTION BEARS SOUTH 330 40' 54" WEST; THENCE SOUTH - Ea,STERLY PARALLEL WITH THE NORTHEASTERLY LINE OF'-SAID STATE HIGHWAY AND 250.00 FEET DISTANT THEREFROM MEASURED AT RIGHT ANGLES THERETO, THE FOLLOWING COURSES AND DISTANCES; THENCE SOUTHEASTERLY ALONG A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 1,300.00 FEET, 49.39 FEET; THENCE SOUTH 540 08' 30" FAST, TANGENT TO SAID CURVE, 387.05 FEET TO THE BEGINNING OF 'A CURVE TO THE LEFT, THENCE SOUTH- EASTERLY ALONG A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 700.00 FEET, AND TANGENT TO THE LAST MENTIONED COURSE, 194.87 FE_ =T; THENCE. SOUTH 700 Q5' 30" EAST, TANGENT TO SAID CURVE 376.41 FEET TO A POINT IN THE WESTERLY LINE OF THAT CERTAIN 2.7827 ACRE PARCEL OF LAND, AS DESCRIBED IN DEED FROM THE FARMERS AND MERCHANTS NATIONAL BANK OF LOS ANGELES, TRUSTEE FOR ANNE 0. BANNING ET AL., TO A.E.S. CHAFFEY ET AL., RECORDED MARCH 14, 1958 IN BOOK 4228 PAGE 191, OFFICIAL RECORDS, RECORDS OF SAID COUNTY; THENCE ALONG THE WESTERLY, NORTHERLY AND NORTHEASTERLY BOUNDARY LINE OF SAID 2.7827 ACRE PARCEL THE FOLLOWING COURSES AND DISTANCES; NORTH 50 44' 28" WEST 160.43 FEET TO THE MOST WESTERLY CORNER OF SALD 2.7827 ACRE PARCEL, FROM WHICH A RADIAL LINE BEARS NORTH 200 2Q' 15" WEST; THENCE NORTHEA57ERLY ALONG A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 450.00 FEET, 235.10 FEET; THENCE NORTH 390 43' 45" EAST TANGENT TO THE LAST MENTIONED CURVE 75.42 FEET TO THE MOST NORTHERLY CORNER OF SAID PARCEL, FROM WHICH A RADIAL LINE BEARS SOUTH 290 30' 33" WEST; THENCE SOUTHEASTERLY ALONG A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 730.00 FEET, A DISTANCE OF 130.21 FEET; THENCE SOUTH 500 il_y r. ;o 161 15" EAST, TANGENT TO THE LAST MENTIONED CURVE, 122.00 FEET TO A POINT IN THE NORTHWESTERLY LINE OF SUPERIOR AVENUE 60 FEET IN WIDTH, FORMERLY NEWPORT AVENUE, AS SAID NEWPORT AVENUE, IS SHOWN ON SAID MAP OF TRACT NO. 15, WHICH POINT BEARS NORTH 390 43' 45" EAST, 35.24 FEET FROM THE MOST EASTERLY CORNER OF LOT 1, IN BLOCK 1 OF SAID TRACT NO. 15; THENCE SOUTH 50° 16' 15" EAST, 30.00 FEET TO THE CENTER LINE OF SAID SUPERIOR AVENUE; THENCE ALONG THE CENTER LINE OF SAID SUPERIOR AVENUE NORTH 3 °O 43'. 45" EAST 705.55 FEET TO THE POINT OF BEGINNING. ALSO EXCEPT THAT PORTICN OF SAID LAND DESCRIBED IN A JUDGMENT IN CONDEMNATION DATED AUGUST 4, 1965 IN CASE NO. 123141, ENTITLED COSTA MESA UNION SCHOOL DISTRICT OF ORANGE COUNTY, CALIFORNIA, VS. SECURITY FIRST NATIONAL BANK, ET AL., IM THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF ORANGE, SAID JUDGMENT HAVING BEEN RECORDED AUGUST 5, 1965 IN BOOK 7620 PAGE 216, OFFICIAL RECORDS, ORANGE COUNTY, CALIFORNIA, WHICH JUDGMENT EXCLUDES THE RIGHT OF ENTRY UPON SAID LAND WITHIN THE TOP 1QQ FEET THEREOF FOR ANY PURPOSE WHATSOEVER. ALSO EXCEPT PARCEL D3 -121.1 AS DESCRIBED IN AND AS CONDEMNED FOR A FLOOD CONTROL CHANNEL BY FINAL DECREE OF CONDEMNATION A CERTIFIED COPY OF WHICH WAS RECORDED IN ROOK 5°_ °_3 PAGE 441, OFFICIAL RECORDS. ALSO EXCEPT THEREFROM THE PORTION INCLUDED IN PARCEL 5 HEREINAFTER OESCRI?ED. ALSO EXCEPT THAT PORTION INCLUDED WITHIN THE SURFACE AND SUBSURFACE ABOVE A DEPTH Of FIVE HUNDRED 0 00) FEET BELOW THE PRESENT SURFACE OF THAT CERTAIN REAL PROPERTY SITUATED IN ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS, TO WIT: A STRIP OF LAND 30.00 FEET IN WIDTH, BEING A PORTION OF LOTS C AND D, BANNING TRACT, CASE NO. 6385 OF THE SUPERIOR COURT OF LOS ANGELES COUNTY, CALIFORNIA, A PORTION OF LOT 1 OF TRACT 463, AS SHOWN ON A MAP THEREOF, RECORDED IN BOOK 32 PAGES 2 AND 3 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA AND A PORTION OF LOT 1 TRACT NO. 22501 AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 104 PAGES 6 AND 7 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, THE EASTERLY LINE OF SAID 30.00 FOOT STRIP IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF THE LAND DESCRI ED IN THE QUITCLAIM DEED, RECORDED MARCH 101 1960 IN BOOK 5140 PAGES 26, 27 AND 28 OF OFFICIAL RECORDS, OF SAID ORANGE COUNTY, SAID CORNER BEING THE i INTERSECTION OF THE EASTERLY LINE OF WHITTIER AVENUE, 60.00 FEET IN WIDTH, WITH THE SOUTHWESTERLY LINE OF NEWPORT MESA TRACT, AS SHOWN ON A MAP THEREOF, RECORDED IN BOOK 5 PAGE 1 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY; THENCE SOUTH 00 36' 01" EAST, ALONG THE SOUTHERLY PROLONGATION TO THE SAID EASTERLY LINE OF WHITTIER AVENUE, A DISTANCE OF.3465.51.FEaT MORE OR LESS, TO AN INTERSECTION WITH A LINE ON A CURVE CONCAVE TO THE SOUTHWEST, 250.00 FEET NORTH- EASTERLY OF AND PARALLR1 OlTH THE NORTHEASTERLY LINE OF THE 100.00 FOOT RIGHT OF WAY OF THE CALIFORNIA STATE HIGHWAY, AS DESCRIBED IN DEED RECORDED APRIL 20, 1936 IN BOOK 822 PAGE 48 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. THE SIDE LINE TO BE LENGTHENED OR SHORTENED TO TERMINATE ON THE SAID SOUTHWESTERLY LINE OF NEWPORT MESA TRACT AND ON THE SAID CURVE CONCAVE TO THE SOUTHWEST. ALSO EXCEPT THEREFROM THE PORTION THEREOF LYING BELOW A VERTICAL DEPTH OF 6000 FEET MEASURED FROM THE SURFACE. ALSO EXCEPT THOSE PORTIONS OF SAID LAND NOT INCLUDED WITHIN THE EXTERIOR BOUNDARIES OF THE RANCHO SANTIAGO DE SANTA ANA, THE PATENT FOR WHICH WAS RECORDED JUNE 28, 1884 IN BOOK 3 PAGE 387 OF PATENTS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. PARCEL 2: ALL THAT CERTAIN LAND SITUATED PARTLY WITHIN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS BEGINNING AT A COPPER TACK IN LEAD SET IN CONCRETE PAVEMENT AT STATION 639 PLUS 79.91 AS SHOWN ON SHEET 6 OF 11 SHEETS, DIVISION 7, ROUTE 60 STATE HIGHWAY MAPS, SAID MAP ON FILE IN THE OFFICE OF THE STATE HIGHWAY ENGINEER OF THE STATE OF CALIFORNIA, AND RUNNING THENCE NORTH 150 43' EAST, 95.63 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION, SAID POINT BEING IN THE NORTHERLY LINE OF SAID HIGHWAY; THENCE NORTH 150 43' EAST 3°_6.68 FEET TO A POINT; THENCE SOUTH 860 35' 30" EAST, 44Z J 1 FEET TO A POINT; THENCE NORTH. 890 43' EAST 2079.49 FEET TO A POINT; THENCE SOUTH 4p0 02' EAST, 528 FEET TO A POINT; THENCE SOUTH 280 12' EAST, 245.57 FEET TO A POINT; THENCE SOUTH 890 45' EAST, 51.31 FEET TO A POINT; THENCE SOUTH 230 56' 45" EAST 661 FEET TO A POINT; THENCE SOUTH 10 11' 45" EAST 893.88 FEET TO A POINT; THENCE SOUTH 430 Cl' EAST 313.18 FEET TO A POINT; THENCE SOUTH 70 12' EAST SQ7.33 FEET TO THE NORTHERLY LINE OF THE STATE HIGHWAY, AS SHOWN UPON SHEET 8 OF 11 SHEETS, DIVISION 7, ROUTE 60, STATE HIGHWAY MAPS; THENC° NORTH 83° 18' 30" WEST ALONG THE NORTHERLY LINE OF SAID HIGHWAY, 271.01 FEET TO AN ANGLE POINT IN SAID HIGHWAY; THENCE CONTINUING ALONG THE NORTHERLY LINE OF SAID HIGHWAY NORTH 760 22' 10" WEST, 119.27 FEET TO A POINT IN THE CENTER OF THE SANTA ANA RIVER, AS NOW ESTABLISHED, THENCE NORTHERLY ALONG THE CENTER OF SAID SANTA ANA RIVER, THE FOLLOWING COURSES AND DISTANCES, TO -WIT: NCRTH 100 47' 30" WEST 136.39 FEET TO A POINT; THENCE NORTH 10 38' 25" EAST 1205.19 FEET TO A POINT; THENCE NORTH 130 35' 40" 'WEST 665.36 FEET A —in �'}�" rn �ws�nrwrnl •q.e"�..�mvwn•'wrn.n.�•.. .. ..._..... ... __.... -_ ._�. .. .. . _. ..�._.. __._ ... ..__.. TO A POINT; THENCE NORTH 270 46' WEST 208.51 FEET TO A POINT; THENCE LEAVING SAID RIVER AND RUNNING NORTH 890 45' WEST 668.99 FEET TO THE CENTER OF SAID RIVER; THENCE CONTINUING SOUTHWESTERLY ALONG THE CENTER OF SAID RIVER THE FOLLOWING COURSES AND DISTANCES, TO WIT: SOUTH 200 06`' 15" WEST 408.16 FEET TO A POINT; THENCE SOUTH 440 58' WEST 252.54 FEET TO A POINT; THENCE SOUTH 730 23' 30" WEST 274.17 FEET TO A POINT; THENCE NORTH 660 42' 20" WEST 765.73 FEET TO A POINT; THENCE NORTH 780 02' WEST 517.61 FEET TO A POINT IN THE NORTHEASTERLY SIDE OF SUMMIT STREET; THENCE LEAVING THE CENTER OF SAID RIVER AND RUNNING NORTH 600 52' 34" WEST ALONG THE NORTHERLY LINE OF BLOCK C OF EL MORO TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 8 PAGE 75 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, 151.04 FEET TO AN ANGLE POINT IN SAID LINE; THENCE CONTINUING ALONG THE NORTHERLY LINE OF SAID BLOCK, NORTH 640 06' 50" WEST 170.26 FEET TO THE NORTHERLY LINE OF THE STATE HIGHWAY, AS SHOWN UPON SHEET 6 OF 11 SHEETS, DIVISION 7, ROUTE 60, STATE HIGHWAY MAPS, THENCE ALONG THE NORTHERLY LINE OF SAID STATE HIGHWAY, NORTH 540 02' WEST 470.73 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT THAT PORTION, IF ANY, INCLUDED WITHIN PARCEL 1, ABOVE DESCRIBED. ALSO EXCEPT THEREFROM THE PORTION CONVEYED BY JOSEPH B. BANNING JR., AND OTHERS, TO C. R. WOODRUFF, BY DEED RECORDED JANUARY 9, 1929 IN BOOK 221 PAGE 499, OFFICIAL RECORDS, NUMBERED FIRST AND SECOND AS FOLLOWS: IST: THAT PORTION OF THE RANCHO SANTIAGO DE SANTA ANA, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, BOUNDED SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY BY THE CENTER LINE OF THE SANTA ANA RIVER, BEING THOSE CERTAIN COURSES IN SAID'CENTER LINE SOUTH 200 06' 15" WEST, SOUTH 440 58' WEST, SOUTH 730 23' 30" WEST, NORTH 660 42' 20" WEST, AS PER MAP PILED IN, AND ANNEXED TO THE COMPLAINT IN THE CASE OF J. B. BANNING, JR., VS. SMITH AND OTHERS BEING CASE NO. 22797,'IN THE SUPERIOR COURT OF ORANGE COUNTY, STATE OF CALIFORNIA, AND BOUNDED NORTHWESTERLY AND NORTHERLY BY THE NORTHWESTERLY AND NORTHERLY LINE.OF TRACT NO. 7721 AS PER MAP RECORDED IN BOOK 23 PAGE 6 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID NORTHWESTERLY AND NORTHERLY LINES HAVING A BEARING OF SOUTH 830 25' EAST, NORTH 720 45' EAST, NORTH 420 06' EAST AND NORTH 290 06' EAST, ALL OF SAID LANDS LYING BETWEEN THE BANKS OF THE SANTA ANA RIVER AS DESIGNATED ON SAID MAP IN SAID CASE NO. 22797. 2ND: THAT PORTION OF THE RANCHO SANTIAGO DE SANTA ANA, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: f, - % 13 r BEGINNING AT THE INTERSECTION OF THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF TRACT NO. 7721 AS SHOWN ON A MAP RECORDED IN BOOK 23 PAGE 6 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, WITH THE CENTER LINE OF THE SANTA ANA RIVER, AS SAID CENTER LINE IS SHOWN ON THE MAP FILED IN AND ANNEXED TO THE COMPLAINT IN THE CASE OF J. S. BANNING JR., VS. SMITH AND OTHERS, BEING CASE NO. 22797, IN THE SUPERIOR COURT OF ORANGE COUNTY, CALIFORNIA, THENCE ALONG THE CENTER LINE OF SAID SANTA ANA RIVER, AS FOLLOWS: NORTH 200 06' 15" EAST 184.18 FEET NORTH 510 48' EAST 117.09 FEET, NORTH 740 07' EAST 254.30 FEET, SOUTH 450 20' 28" EAST. 298.02 FEET, SOUTH 270 46' EAST 122.53 FEET TO THE EASTERLY PROLONGATION OF SAID NORTHERLY LINE OF SAID TRACT NO. 772; THENCE ALONG SAID EASTERLY PROLONGATION AND SAID NORTHERLY LINE OF TRACT NO. 772 AND WESTERLY PROLONGATION THEREOF NORTH 89° 45' WEST 668.99 FEET TO THE POINT OF BEGINNING. ALSO EXCEPT THE FOLLOWING: BEGINNING AT THE INTERSECTION OF T'HE EASTERLY LINE OF THE RANCHO LAS BOLSAS AND DESCRIBED IN BOOK 2 PAGE 314 OF PATENTS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, WITH THE CENTER LINE OF THE PRESENT CALIFORNIA STATE HIGHWAY, SAID POINT OF BEGINNING BEING DISTANT NORTH 150 43' EAST 42.64 FEET FROM A COPPER TACK IN LEAD SET IN THE CONCRETE PAVEMENT AT STATION 639 PLUS 79.91 AS SHOWN ON SHEET 6 OF 11 SHEETS, DIVISION 7, ROUTE 60 OF STATE HIGHWAY MAPS ON FILE IN THE OFFICE OF THE STATE HIGHWAY ENGINEER-OF THE STATE OF CALIFORNIA; THENCE ALONG SAID EASTERLY LINE OF THE RANCHO LAS BOLSAS, NORTH 150 43' EAST 330.97 FEET; THENCE SOUTH 740 17' EAST 288.02 FEET TO THE SOUTHERLY PROLONGATION OF THE CENTER LINE OF THAT CERTAIN 300 FOOT STRIP OF LAND DESCRIBED IN THE DEED TO THE NEWBERT PROTECTION DISTRICT, RECORDED IN BOOK 197 PAGE 300 OF DEEDS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE ALONG SAID SOUTHERLY PROLONGATION SOUTH 130 24' WEST 453.36 FEET TO SAID CENTER LINE OF THE CALIFORNIA STATE HIGHWAY; THENCE ALONG SAID CENTER LINE NORTH 540 02' WEST 326.21 FEET TO THE POINT OF BEGINNING AS CONVEYED TO JAMES H. MACKLIN, BY DEED RECORDED JANUARY 29, 1930 IN BOOK 356 PAGE 31, OFFICIAL RECORDS. ALSO EXCEPT PARCEL 05 -122.1 AS DESCRIBED IN AND AS CONDEMNED FOR A FLOOD CONTROL CHANNEL BY FINAL DECREE OF CONDEMNATION, A CERTIFIED COPY OF WHICH WAS RECORDED IN BOOK 5993 PAGE 441, OFFICIAL RECORDS. ALSO EXCEPT THAT PORTION OF SAID LAND NOT INCLUDED EITHER WITHIN THE EXTERIOR BOUNDARIES OF THE RANCHO SANTIAGO DE SANTA ANA, THE PATENT FOR WHICH WAS RECORDED JUNE 281 1884 IN BOOK 3 PAGE 387 OF PATENTS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, OR WITHIN THE EXTERIOR BOUNDARIES OF LOT 1 OF SECTION 19, TOWNSHIP 6 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, LOT 1 OF SECTION 20, TOWNSHIP 6 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, LOTS 1 AND 2 OF IN Ar r SECTION 29, TOWNSHIP 6 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, THE PATENT FOR WHICH LOTS WAS RECORDED APRIL 19, 1893 IN BOOK 1 PAGE 66 OF PATENTS, RECORDS OF ORANGE COUNTY, CALIFORNIA. ALSO EXCEPT THEREFROM THE PORTION THEREOF LYING BELOW A VERTICAL' DEPTH OF 6000 FEET MEASURED FROM THE SURFACE. PARCEL 3: ALL THAT CERTAIN LAND SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF INTERSECTION OF THE SOUTHERLY LINE OF THE 80 FOOT RIGHT OF WAY OF THE CALIFORNIA STATE HIGHWAY AND THE NORTH- WESTERLY BOUNDARY OF IRVINE'S SUBDIVISION AS SHOWN ON A MAP RECORDED IN BOOK 1 PAGE 83 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE ALONG SAID NORTHWESTERLY BOUNDARY LINE OF IRVINE'S SUBDIVISION AND ITS SOUTHWESTERLY PROLONGATION SOUTH 3p0 43' 4511 WEST 252.26 FEET TO A POINT IN THE LINE OF ORDINARY HIGH TIDE OF THE PACIFIC OCEAN IN NEWPORT BAY AND DESIGNATED "NORTH LINE ", AS ESTABLISr'E'D BY THE DECREE IN THE ACTION ENTITLED CITY OF NEWPORT BEACH, PLAINTIFF, VS. F. M. STROBRIDGE AND OTHERS, DEFENDANTS, CASE NO. 23686, SUPERIOR COURT OF ORANGE COUNTY, CALIFORNIA,.A CERTIFIED COPY OF WHICH DECREE WAS RECORDED SEPT -EMBER 19, 1928 IN BOOK 201 PAGE 253 OFFICIAL RECORDS; THENCE ALONG SAID TIDE LINE NORTH 740 17' 11" WEST 592.01 FEET; THENCE NORTH 580 28' 28" WEST 1085.28 FEET; THENCE NORTH 660 44' 18" WEST 584.64 FEET; THENCE NORTH 600 19' 50" WEST 577.07 FEET TO A POINT IN THE SOUTHERLY LINE OF THE 80 FOOT RIGHT OF WAY OF THE CALIFORNIA STATE HIGHWAY FROM WHICH POINT THE QUARTER CORNER BETWEEN SECTIONS 20 AND 29, TOWNSHIP 6 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, BEARS NORTH 50 55' 18" WEST 113.01 FEET; THENCE ALONG THE SOUTHERLY LINE OF SAID CALIFORNIA STATE HIGHWAY THE FOLLOWING COURSES AND DISTANCES: SOUTH 830 18' EAST 605.33 FEET; THENCE ON A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 960 FEET AND TANGENT TO THE LAST MENTIONED COURSE, A DISTANCE OF 290.98 FEET; THENCE SOUTH 650 56' EAST 667.17 FEET; THENCE ON A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 960 FEET AND TANGENT TO THE LAST MENTIONED COURSE, A DISTANCE OF 197.56 FEET; THENCE SOUTH 540 08' 30" EAST 387.06 FEET; THENCE ON A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 1040 FEET AND TANGENT TO THE LAST MENTIONED COURSE, A DISTANCE OF 285.51 FEET; THENCE SOUTH 700 05' 30" EAST 494.84 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION CONVEYED TO THE TOWNSEND LAND COMPANY, BY DEED RECORDED NOVEMBER 6, 1930 IN BOOK 429 PAGE 414, OFFICIAL RECORDS. A -1 x ALSO EXCEPT THEREFROM THE PORTION INCLUDED IN PARCEL 5 HEREINAFTER DESCRIBED. ALSO EXCEPT THAT PORTION OR PORTIONS OF SAID LAND NOT INCLUDED WITHIN THE EXTERIOR BOUNDARIES OF THE RANCHO SANTIAGO DE SANTA ANA, THE PATENT FOR WHICH WAS RECORDED JUNE 28, 1884 IN BOOK 3 PAGE 387 OF PATENTS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM THE PORTION THEREOF LYING BELOW A VERTICAL DEPTH OF 6000 FEET MEASURED FROM THE SURFACE. PARCEL 4: ALL THAT CERTAIN LAND SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: ALL OIL, GAS AND SIMILAR HYDROCARBON SUBSTANCES IN OR UNDER THE FOLLOWING DESCRIBED PARCEL OF LAND: THAT PORTION OF LOT "B" OF THE °_ANNING TRACT, AS SHOWN ON A MAP OF SAID TRACT, FILED IN THE CASE OF HANCOCK BANNING- AND OTHERS, VS. MARY H. BA.NNI'NG CASE NO. 6385, PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE-EASTERLY LINE OF THE 300 FOOT STRIP OF LAND FOR SANTA ANA RIVER CHANNEL, AS DESCRIBED IN THE DEED TO THE NENBERT PROTECTION DISTRICT, RECORDED JUNE 221 1911 IN BOOK 197 PAGE 300 OF DEEDS, WHICH POINT IS NORTH 710 20' EAST 510.47 FEET FROM THE SOUTHWEST CORNER OF SAID LOT "B ", WHICH LAST MENTIONED CORNER IS ALSO STATION 149 OF THE RANCHO SANTIAGO DE SANTA ANA; THENCE NORTH 130 25' EAST ALONG THE EASTERLY LINE OF SAID 500 FOOT STRIP OF LAND, 660 FEET; THENCE SOUTH 760 35' EAST 660 FEET; THENCE SOUTH 130 25' WEST 660 FEET; THENCE NORTH 760 35' WEST 660.00 FEET TO THE POINT OF BEGINNING, 70GETHER WITH THE RIGHT TO DRILL FOR, EXTRACT AND PRODUCE THE SAME, BUT WITHOUT THE RIGHT TO ERECT OR CONSTRUCT ANY DERRICK OR OTHER STRUCTURES WHATSOEVER ON SAID LAND, UNDER THE CONDITIONS OF THE FINAL JUDGMENT OF CONDEMNATION RENDERED AUGUST 20, 1937 IN THE ACTION ENTITLED CITY OF NEWPORT BEACH, PLAINTIFF, VS, TOWNSEND LAND COMPANY, AND OTHERS, DEFENDANTS, CASE N0, 34747, SUPERIOR COURT, ORANGE COUNTY, CALIFORNIA. EXCEPT PARCEL D3 -120.1 AS DESCRIBED IN AND AS CONDEMNED FOR A FLOOD CONTROL CHANNEL BY FINAL DECREE OF CONDEMNATION, A CERTIFIED COPY OF '+WHICH WAS RECORDED IN BOOK 5995 PAGE 441, OFFICIAL RECORDS, ALSO EXCEPT THEREFROM THE PORTION THEREOF LYING BELOW A VERTICAL DEPTH OF 6000 FEET MEASURED FROM THE SURFACE. �� • PARCEL 5: ALL THAT CERTAIN LAND SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF STATE HIGHWAY U.S. 101 0100 FEET WIDE) WHICH IS SOUTH 190 54' 30" WEST 50 FEET FROM STATION E. C. 707 PLUS 87.80 OF SAID STATE HIGHWAY THENCE SOUTH 700 05'' 30" EAST ALONG SAID SOUTHERLY LINE 180 FEET; THENCE SOUTHWESTERLY IN A DIRECT LINE TO A PAINT IN THE EASTERLY LINE OF COAST BOULEVARD (80 FEET WIDE) SAID POINT BEING SOUTH 190 41' 50" EAST, MEASURED ALONG SAID EASTERLY LINE, 180 FEET FROM THE MOST SOUTHERLY END OF A TANGENT CURVE OF 40 FOOT RADIUS AND CONCAVE TO TriE SOUTHEAST AND DESCRIBED IN THE AGREEMENT RECORDED AUGUST 9, 1927 . IN BOOK 70 PAGE 408, OFFICIAL RECORDS; THENCE NORTH 190 41' 50" WEST ALONG SAID EASTERLY LINE 180 FEET TO THE POINT OF BEGINNING OF THE TANGENT CURVE OF 40 FOOT RADIUS AND CONCAVE TO THE SOUTHEAST; THENCE EASTERLY ALONG SAID CURVE 61.50 FEET TO THE SOUTHERLY LINE OF STATE HIGHWAY U. S. NO. 101 (100 FEET WIRE) BEING A CURVE; THENCE EASTERLY ALONG SAID CURVE CONCAVE TO THE NORTH, WHOSE RADIUS IS 1050 FEET AND WHOSE INITIAL RADIUS BEARS NORTH 200 26' 37" EAST, A DISTANCE OF 10.12 FEET TO THE POINT OF BEGINNING. EXCEPT THE PORTION OR PORTIONS OF SAID LAND NOT INCLUDED WITHIN THE EXTERIOR BOUNDARIES OF THE RANCHO SANTIAGO DE SANTA ANA, THE PATENT FOR WHICH WAS RECORDED JUNE 28, 1884 IN BOOK 3 PAGE 387 OF PATENTS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA. ALSO EXCEPT THEREFROM THE PORTION THEREOF LYING BELOW A VERTICAL DEPTH OF 6000 FEET MEASURED FROM THE SURFACE. Mobil Oil Corporation OF MOBIL OIL OF LANDS BY THE CITY AS DESCRIBED IN THE RE February 9, 1981 ON OF THE CITY 12631 EAST IMPERIAL HIGHWAY. SUITE 120 -D SANTA.. FE SPRINGS, CALIFORNIA 90670 OF This constitutes the continuing protest of Mobil Oil Corporation to the proposed annexation by the City of Newport Beach of that certain property described in said Resolution of the City Council of the City of Newport Beach, adopted December 22, 1980, otherwise known as Oxbow Annexation No. 88. Mobil Oil Corporation hereby renews its earlier statement in opposition to said proposed annexation as co- lessee and operator of the Banning Lease on its behalf and that of its royalty owners. Mobil Oil Corporation is the owner of an undivided one -half interest in the leasehold estate more fully described in Exhibit "A" attached hereto and made a part hereof as successor in interest to Macco Construction Company, the original lessee, under the terms and provisions of that certain lease dated November 15, 1944 by and between Townsend Land Company, Lessor, and Macco Construction Company, Lessee, covering certain lands in the County of Orange, California. The said lease remains in full force and effect at the present time. The property which the City Council of the City of Newport Beach proposes to annex by its Resolution lies within and constitutes a part of the aforementioned lease. Mobil Oil Corporation operates the exploration, producing and development activities and the personal property related thereto on said lease. Mobil Oil Corporation protests and opposes the proposed annexation and files this written protest against said annexation in accordance with the provisions of the Resolution of December 22, 1980 and the applicable law related thereto. The name and address of Mobil Oil Corporation are: Mobil Oil Corporation, P. 0. Box 5444, T.A., Denver, Colorado 80217. MOBIL OIL CORPORATION gy W. A. Miller I(� f • L ?:IIIiiT'i A IIASL PA'ii:G '.ECWTER 15, 1944 BUI)TO ICV9iSU;D II NP COIL MZY , LLSSCR ` riii h HdiccO CORSTRI.'CeIC!ti (IfflT III. USSLI: AS AISI DUI COVLU IRE `t "R.(`PLR'II' SI714i'll IR O UtNG1, COl:iil', CALI) CIMIA, ALSO EN04:1 As 'ME BAIi)iII:G MASE PARCEL 1: A PORTION OF LOTS I'D", 'PC", A14D I'D", ALL OF ME PANUING -,PACT, PAP.TLY tjITHIll THE CITY OF HUUTINGTOI? BEACH, COUNTY OF ORANGE, STATE OF CALIPOPNIA, AS Stiowil 014 A 1W OF SAID TRACT, FILED 114 THE CASE OF IWIC00' W04NING, ET AL., VS. HAPY H. BANNING, FOR PARTITION, AND BEING CASE 140. 6385 UPON THE REGISTER OF ACTION OF 7HK SUPERIC/p. COURT OF LOS ANGELES COUNTY, CALIFORMA, DESCRIBED AS FOLLOWS C01imE14C)UG AT A POINT Oil IXE 301JUDARY LINE F!C-TWEEN LOTS "A" Ao') 1;511 OF THE SA:,114I1lG TRACT, sou'rii 990 7981 WEST 176.30 CHAINS FROM -,I:E 1,10117HEASTERLY COMEP OF LOP "B" Or SAID TRACT; THINCK SOUTH 890 2s' T 711 010 WEST 50.314 CHAINS TO A POMP; mfurIv- SOU 45' WEST, 6.61 CHAINS, THENCE SOUTH 3110 15' 1?rST 7 CHAINS; THENCE SOUTH 60 15 EAST, 16 CHAINS; MENCE SOU-N 190 45' WEST S CHAINS, iXENCEE SOU-41i 3110 30' WEST, 7 CHAINS; THENCE SOUTH 42v 451 WEST, 6 CHAINS; 7:1LOCE: SOUTH 4" 115' WEST 7 CHAMS; THENCE SOUTH 210 15' WEST, 3 C)'Alfls, THENCE SOUTH 640 451 EAST 6.62 CHAINS; THENCE ROPTH 990 115 EAST 31.50 CHAINS, THENCE SOUTH 1490 EAST B CHAINS; THEIKE EAST 2V EAST 33.50 CJJAINS, IHEIICE SOUTH 13,50 CHAINS, T!4ENCE SOUTH 430 EAST, CHAINS; TMNCr SOUTH 70 CAST, 8.50 CHAINS, THENCE SOUTH 7140 15' EAST, 71 CHAINS; THENCE SOUTH 520 15' EAST, IG CHAINS; THFI,'C-P SOUTH -0ic ROUNDARY LINE OF LOTS 1#811 810 151 EAST S.36 CHAINS 10 A P0114T Oil LOTS A14D "C" AND I'D" OF THE BANNING iRACi AND 1-AND OF OAMES IRVINE; THENCE AL014G SAID UOUUDARY LINE NORM. 390 65' rtkS-I, 21.514 C4,AMS TO AN IR014 STAKE, THENCE UORTE 22' W WEST 96.96 CHAINS 70 A POINT; TMRCE NORTH 190 OV LAST, 16.16 CHAINS TO 114E POINT OF "IEC-11-11m;C . EXCEPT THEREFROM THE LAND C(-;4VF.TED. TO THE trwj!c-.R-r Pp.o-it-C-I)ON DISMCT; BY DEED PECOPDED JUNE 72, IS)' IN BOOK 197 PAGE 300 OF DEEDS, ALSO EXCEPT THAT PORTION THEREOF= INCLUDED WITHIII IVE HERE)NM—teR DESCRIBED TRACT LYING ABOVE A PLAII-E PARALLEL TO AND 500 VERTICAL FEET BELOW THE PRESENT SURFACE OF SAID TRACT; DESCRIBED AS FOLLOWS: BEGINNING AT A P0114T IN THE NOPMWESTERLY LIFIE 017 SUPERIOR AVENUE, FORMERLY 14EWPORT AVERUE, AS SAID NEWPORT AVENUE IS Siwl,, 0:, f, fikP OF TRACT NO. 15, RECORDED 114 1300): 9 PAGE 19 OF MISCELUMLOUS MA.PS, RECORDS OF ORANGE COUNTY, CALIFORNIA; WHICH POINT VF BEGINNIUG FEARS 1 t1 zo NORTH 390 45' EAST 35 .21, F Ei I'RCM THE MOST FAST ILY COPMEIR OF LOT 1 IN CLOCY, 1 OF SAID TRACT NO. 151 T 'vC£ HURiii 500 15' t:ST 1 ? ?.(0 j FEET TO THE 2EGINNING OF A CURVE TO THE L °_FT; t'!NCH 0011iiiWESiERLY ON y A CURVE C014CAVE TO TIIF SOUTHWEST, HAVING A RADIUS GF 730.00 F =ET AND tANGENT TO TI'E LAST MF- HTIONED COURSE, A DISTANCE OF 130.21 F--'-ET TO A P0114T FRO14 WHICH A RADIAL LINE PEARS SOUTH 240 31' 48 " WEST; TH'F14CC• SOUTH 590 45' WEST 75.42 FFF7 TO 7 BEGINNING OF k CURVE TO THE RIGHT; THENCE SOUTHWFST'RLY CN A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 450,00 AND TANGENT TO ME" 4%5T "ENTI0NED i COURSE, A DISTANCE OF 235..10 F=-;-:T TO A POINT FROM WHICH A RADIAL LINE EIIARS NORTH. 200 19' WEST, i':ILIC = SOUTH 50 431 13" EAST 2-54, 53 FE T 70 All I1•'ic3S= :ETICIN WITH T!'.E 1tGP�J?.:.Y ' INE OF r i-ASEMENT FOR R`LIGUJhEN'' OF SUPERIOR ;,V.3IUF AS CCNVE ED TO OP.-NGE COUNTY ?Y DE =7 JA14UAR`! 4, 1954' IN BOOK 203 PAC-- 217, OFFICIAL R --COPDS :-:ND 3Y CE. D RFCOP.DE9 14ARC4 221 lost} IN 9001; 254' PAG: G2' -, 0° ICI L RECGP,Dc Cc SAID COUNTY; THEINCE SOUTI?.5' 43' 13" 4ST 30.22 F T TO A POINT FF ;OM r WHICH A RADIAL LINE BEARS NORT!? 00 54' 07" FJtST; T °.ENCE NORTT_41517jE$LY, 011 A CUP,1''a CONCAVE TO THE VOR vW ST, HAVING A PADIUS OF 3735.48 r•EET TO A POINT FROM WHICH A iIAD %AI. L114E 5EAR'S NORTH 310 15' n0"' k =_ST; 'THENCE NOR7hrjAS7GRLY ON A CURVE CONCAVE TO THE NORTHWEST, FJ,V %G A RADIUS OF 904.00 Fc'a7, A D1STA.t:CE OF 205.11 FRET TO A P0114T IN 'T`:_ CENTER LINE OF SLID SUPF_RIOR AV�E:UF FRC,4 WHIC4 POINT A R, '-.DIAL L!NE REAPS NORTH 500 15' WE-ST; TiiE-VCF NORTH 39' 4:.' FAST J,!- L:IjC- Tr•v CENTER LINE OFF SAID SUPERIOR AVENUE 87.90 c »T; ,i; ^NCE IJORpX 500 15' WEST 30,00 FF=T TO THE POINT OF ZEGI;lR1';G; 'WIThou -1 iii-: RIGHT EX ?R SS ;"'ID. IMPLIED, TO FLNTFR UP014 OR TO USE T!:`_ SURFACH OF SAID TRACT OP ,:dE SAID TOP 500 FF--ZT 71'PEOF FOR ANY PUF.POSE tiKJ Tv.OE7FR. ALSO FXCE ?7 i!'.FRE. 8014 LOT 2 OF T;-ACT F:O, 463, AS PER MAP tHa !;F,1. IN BOOK 32 PAGES 2 AND 3 OF M!SCEI_!ANFOUS MAPS, IN Ti'.E OFFiCE O° THE COUNTY RECORDER OF SAID CCUNTY. ALSO EYCEPi Ti'.AT PORTI014 TI•ER!Of HICLVGED WITHIN LOTS 1I11 ANC '!! AS SHOWN GN THE HAP OF N.` A'POR i t':' A TRACT, RECORDED IN ROOK 3 PACE OF M15Cti1-IJ1.?4! =OUS MAPS, IN OFFICE OF 7XE COU14iT RECGRDCR OF SAID COUNT'(. ALSO EXCEPT THE PORT1014S 71'r-?c-OF INCLUDED WITHIII WHITTHR AVENUE A14D 167h STREST, AS SHOWN ON SAID YAP OF NEWPORT MESA TRACT. AI_5'0 EXCEPT THE PORTIONS THEREOF INCLUDED W171 1114 A STR:p OF 1_1NO 30 FEET 114 W1D711 THE CFNTF -R LINE OF WHICH IS DESCRIBED AS FOLLOWS, - BEGII.INING AT A POINT WHERE THE EASTERLY BOUNDARY LINE OF 71iE R'..NCHc LAS OOLSAS 9E'iWEEN STATIONS 7E A01) 79 OF 7.4E SAID BOUNDAPY LINE 1S )NTERSEC1ED BY THE LINE WHICH .1-ARS WORT4 130 2G' 3 -0" EAST FA S I _2_ f i S i% t �1 I` Z� PO 114T Old THE SOU111 *d@ OF SECTION 1€ TOWNsl1!f SUu;i1 IIliNGE- 10 WEST, SAN B €RNARDIU0 MEPI D1A.N, 2,294.02 FEET; *Ili £9D i£' FACT Mom THE SOUTH..QUARTeR SEC'TIO14 CORNS -R'OF BALD SECTl01t, SAID !)Z-GINNING POINT BEING ON THE SUevEYr.D CF,,TZR I.ML OF 711E 5ANTA 1J11:- ;,NAN.E1M J0114T OUTFALL SE'df -R; TEEPCE r ROO SAID POINT OF BEGINNING SOU7:1 150 261 30" W"r'ST, ALONG SAID CL'N7ER LINE TO STATION 1£7 PLUS 74.40 MOG THE POINT ON THE SOUTH LINE OF SAID SECTION 1£, 2,284.92 FE_T ttDR7I1 820 3$' EAST FROM TI1E SOUTH gUARTER CCRUER OF SAID SECT101I; THENCE CONTINUING SOUTH 130 26' 30" lV:ST ALONG SAID SURVCYcD CE117ER L!;i 1,795.66 FEET 70 S7ATIOI4 215 PLUS 70.15; Tl'. NCE SOU71i I_o0 27, 30" WEST, AL014G SAID CENIER LII4E 1050.55 FFt =7 70 :, P0114T 15.50 FE?T SOUTii $40 45' rhST FROI4 STATION 6£ OF Ti; i,,'NCi=.O UkS :.01.5::5, CCET1GE W'!TH . -. NiE STPIP OF LAND VARYING W'IDT4 LYMG c 7ld=ctt 7rF EAS -EPLY 1 -1T:E OF 775.E ABOVE DESCR15EED 50 FOOT 57RIP AI:D T1:E WESTERLY L1NE OF %i% %ECi'.T OF WAY OF T1iF SANTA ANA P.IVFR THiROUGH THE It °_W'PERT PROTECTION DISTriCT, AS CONVEYED TO TINE CITY OF SANTA Mt Al BY DEED RECORDED APML 14, 2934 IN BOOK, 670 PAGE 147, Or•FICIAL RECOP! 5. ALSO @XCEP7 oli'ffREFROM THAT PCRTM4 OF LCT "B" OF T:.F 5ANN1.IIC-. 7RIRCT, AS SP..OWN ON A MAP OF SAID T2�CT1 FILED IN Ti'E CASE CF VANCOCK E-,.NNING, ET AL., VS. 14ARY H. 6ANNINC CASE 140, 63£51 PARMULAP.LY DE5C <i5 =7 AS FOLLOWS' BEGINNINC AT A POINT t1t THE FAsi=RLY LINE OF THE 300 FOOT STRIP OF IAIM FOR SANTA ANA RIVER C!V41NEL, AS' DESCRIBED IN TX--- DE =D :0 THE 11[WB[RT PROiECTI01d DISTRICT, EECCRG =D JUNE 22, 1911 IN SCOK, 197 PAGE 5500 OF DEEDS, IN THE OFFICE OF TH= CCURTY RECORDER OF SAID COUNT:', #4VICH P0114T IS NORTH 710 20' FkST 510.47 F = :T FROM i:- :[ SOU111 1tEST CORNFR OF SAID LOT "B ", 'd;'.1CI'. LAS—, MF147IONED COPUER IS ALSO 571TICN 149. OF THE RA.NCM SANTIAGO GE SANTA MA; TKENCE NORTH 13° 25' FAST ALONG 715.E EA57F —RLY LIl1E OF SAID 300 FOCI STRIP OF LAND, C50 FEET; TY.E14C SOUTH 760 35' F1kST 660 E-7; T1 'tCE SOUTH 13'4 25' WEST, 500 FE=T; THFJICZ NORTIH 75* 351 WFSi, Goo F ^mT TO TEE POINT OF REGINWING, AS CONDEi!NED BY THE CITY OF I:= 'n'PORT BEACH, 114 775.E ACTION ENTITL: D CITY OF NEWPORT BEACH, A I5VNICIPAI, CORPORATION, PLA1NTIFF, VS, TOWNSFJM LMID COMPANY, ET AL,, DFFJdDANTS, (.CASE 110. 34747), A CERTIFIED COPY OF THE FINAL JUDGMV4 I?A \'Ih'G BEEN RECORDED AUGUST ?0, 1037 IN BOOK 910 PAGE 1?, OFFICIAL RECORDS. ALSO EXCEPT TNA7 FORT1014 INCLUDED WITHIN 711E SURFACE AND SUBSURFACE ABOVE A DEPTH OF FIVE HUNDRED 0500) FEET 3EL014 TF.E PRESENT SURFACE Of THAT CERTAIN REAL PROPERTY SITUATED IN ORANGE COUNTY, CA,LIFCP-41A, DESCRIBED AS FOLLOWS, TO WIT: —3— ' SS I7 cti ;1 a i BEG 11414114G AT 'FrAosl 1J,5i i .:' C,CN�:<F.r". or i.Re 140, 15, M !.ROS_- M ESA, AS Si:OWN ON A MAP RECORDED 10, dOO), 9 P:cGF 15 OF ta1SCEt!_;r4fOU5 M. "PS, RECORDS O1° ORA14GE COUNTY, CALIFORNIA, SAID P0114T OF BEGINNING BEING 114 THE SOUTHEASTERLY L114E OF LOT "0 ", IN TL'F BANNJNG TRACT, AS SiIOWN 014 A,MAP OF SAID TRACT FTLE -D III THE CASE OF J?ANCOCE, NJINING :.ND OTHERS, `IS. VARY H. @.INNING FOR PARTITION MM BEING C:kSF 140. 5335 UPON THE P.'EGI5T4R OF ACTIONS OF TIS_ SUPERIOR COURT OF LOS ANG::L °S COUNTY, CALlr'OR141A; THENCE NORTH 'l0 24' 45" BEST ALONG 71:E lIORTX_ EASTERLY L114E OF SAID TRACT NO, 15 AND ALONG THE SOUTHWESTERLY L114c GF FIRST ADD17ION TO NEWPORT M!'SA TR. /.CT, AS SHOWN-ON A MAP PI:COP'JED IN COOK E PAGE 61 OF MSC!'! !- ANF,OUS MAPS, RECORDS OF SAID COUNTY r•ND ALCIIG Tl'0_ SOUTHWESTERLY L114E OF NEWPORT MESA TiR.%CI AS SlGh114 04 ii AAP RECORDED IN BOOK 5 PAC.-:_ _ CF MISCEI_LANFOU5 MA ?S, RECORDS OF SAID COUNTY, 3,691.50 FE-::T TO A 1'OIN'i 114 TFE FASTi;ZLY LINE, OF WHITTIER AV:D4UE, 60 F-.--ET IN W1DTl {, AS SHOWN 014 SAID MAP OF NEWPORT MESA T-/CT; TV°)%Cti SOUTH 00 361 (1111 EAST ALONG TN:E SOUMERLY P P.OLONGATION OF T;:E SAID EASicRLY LINE OF WHITTIER AVL•'4UF 3,465.51 rF -r - =- T YGr`.? OR LrSS 70 A14 114Tc- RSE•CTIO14 WITH A LINE 014 A CURVE CCNCAVF. TO TEti SOUTHWEST, 250.00 FEET 1ORTN-E.4STZ_RLY OF AND PAR-ALLEL WIT•! THE NORTHJSTERLY LINE OF TVVF 100 FOG'; RIGHT OF WAY OF T!i-= CALIFORNIA STATE HIGHWAY AS DESCRIBED 114 DEED RSCORDLD APRIL 201 1936 I14 BOCK; 922 PAGE 481 OFFICIAL RECORDS, RECORDS OF SAID COU14T—.'., A RADIAL LINE FROM SAID P0114T OF INT RSECTICH BEARS SOUTH 33' 401 541` WEFT; iii-14CZ SOUT!-.- EgST;'ALY i'ARALLEL WJTY. T!{F NGRT!'.E STc. ^.l.Y LIKE OF'S•:ID STATE AND 250.00 F7—::T DISTANT 1!;949 "C1 ". P.rASURED AT RIGHT ANGL =S 1 ,E.RE70, THE FOLLOWING COURSES AND 0IS7ANCES; AMIG A CURVE CONCAVE T'O THE SOUI:'WFST, 1::V1NG h RADJUS CF I,3(10_00 FE T, 49:39 F.::T; THENCE SOUTH 540 091 36i1 F'ST, T ZGENT To S• =iD CUP-V_=, 397.05 FErT TO Tna B7GINNING Of A CIJRV�: TO T'i:E ! -T• 7 ?:rk;C SCUT EASTERLY ALONG A CUPVE CC14CAY'._- TC r °:E NORiii AST, ":PING RADIUS OF ;00.00 FceT, AIID- T..NG-347 TO THE L:.57 MEN'; JON; D COME. 191' • 8; THF14Cr- SOUTH 700 05' 30" (LAST, TANl,ENT TO SAID CURVF. X76.41 TO A PCINT 114 THr WFSirRLY LIUE' OF T;'AT CERTAIN 2.7 &27 ACRE P•2RC'L OF LAND, AS DESCRIBED 114 DEED FROM 7:'= FARMERS A;10 KIERC`!ANTS NATICN:.L BANK OF LOS ANGELES, TRUSIFE- FOR %NNE 0. 2AIII411IG ET AL., TO A.E.S. C1;AF?EY ET AL., RECORDED li- ,P,Cli 14, 195E IN 8001: 422E PAGE 121, OFFICLAL RECORDS, RECORDS OF S: {1D COUNTY; THENCE ALONG TV..- WESTERLY, 140RTH RRLY AND NORTIKE.ASTEeRLY BOUNDARRY LIVE OF SAID 2.7627 ACRE PARCEL THE FOLLOWING COURSES AND DISTANCES; NORTH 50 4'4' 28" WEST 3GO.43 FEET TO TL'l: HOST WESTi_RLY CORNER OF S:,ID 2.7927 ACRE PARCEL, FROM WHICH A RADIAL L114E BEARS NORM 200 201 15" WEST; T1iENCE NORTHEASTERLY ALONG A CURVE. CONCAVE TO TVla NORTVWEST, HAVING A RADIUS OF 450.00 Frr-T, 235.10 FEET; TIiFJ,'C- 14ORTIA 390 43' 45" FAST TANGckT TO THE LAST MENTIONED CURVE 75.L2 FEZ-1 TO TKE' MOST NORTHERLY CORNER OF SAID PARCEL, FROM WHICH A RADIAL LINE BEARS SOUTH 290 30' 33" kEST; TF-_NCE SOUTHEAS'iERLY AL014G A CURVE COIICAVL•• TO THE SOUTHWEST ;,ND HAVING A RADIUS Of 730.00 fE 7., A DISTANCE OF 130.21 F..-T; THENCE SOUTH 500 -4- �3 WAS 6 N...i r1 u 161 15" [AST, TANGFJJT TO Ibr' U,S'i !A ENT ICWD CURVE, 122.00 F =_»i TO A POINT 114 'PILE NORTHWEST7.RLY L1%IF OF SUPERIOR AVENUE' b0 i'E_T IN WIDTH, FORMERLY IRIaiPORT AV!'.NUE, AS SAID NEWPORT AVVNUE, 15 5401 40 014 SAID MAP OF TRACT NO. 15, WHICH P01177 3GI+RS NORTH 590 N?j' 45" FAST, 35.24 F =:7 FROM THE HOST EASTERLY COF.NER OF LOT 11 117 BLOCK 1 OF SAID TRACT 170. 15; THENCE SOUTH 500 161 15" EAST, 30.00 ci:T TO 'TIiE CFfITE.2 LINE OF SAID SUPERIOR AWYLIE; WENCE ALONG Ti {;-: C--IfTER LINE OF SAID SUPERIOR AVENUE NORTH 30" .43'. 45" FIST 705.55 i =E T TO TNr POINT OF BEGI1110IIG. ALSO EXCEPT TI%T PORTICN OF SAID L-�.ItD GESWAIFD IN k JU00m4T IN CONDE214ATION DATED AUGUST 4, 1265 IN CASE 140. 123141, ENTI"+LED.COST, MESA.UI4101¢ SC!+.00L DISTRICT OF CRx11GE COUNTY, CALIFORNIA, VS. SECURITY FIRST NATIGNAI. 4AN1:, ET AL., IN I -= SUPERIOR COURT OF TXE STATE OF CALIF ORNLA IN AND FOR THE COUNTY OF ORANGE, SAID JUDGMENT F -AVING E ° =-.y RECORDED AUGUST 5, 1?65 IN ROOK 7620 PAG! 216, OFFICIAL RECORDS, ORANGE COUNTY, CALIFORNIA, VVICH JUDCME14T EXCLUDES T16c RICHT OF ENTRY UPON SAID LAND WITHIN THY TOP 100 Fc=T TF.0 -REOF FOR ANY PURPOSE WHATS OEVL�R . ALSO EYCE ?7 PARCti! D3 -121.1 AS DESCR13rD IN AND AS CONDEMNED FOR 'a FLOOD CONTROL C %iANNFL BY F1;4'.L D4CT.EE OF CONDk'.IIATION A CSRTIF!ED COPY OF Wi'.ICH WAS RECORDED 1.1 iC-01; 5925 PAGE 44!, OFFICIAL REC,^.2DS. ALSO EY.CE. =T 7!'.- RHFROM 7W! FOWi IC:i INICI_UCED IN FARC L 5 Y:E?LINAs ices GE SCR I?ED. ALSO L-YCE?T THAT PORTION INC!.U0 =7 W? THIII i'r.E SU?,FIXZ <A11D SUESJSF:.CE :,BOVE A OEPi;i OF i:1Vr IWWORFD (SGO) i 5 i iiELO11 7.. r- ?RaE!JT SURFAC= OF IKAT CuYTAIN REAL PROPERTY SITUATED 177 ORANGE COUNTY, C: LIFOPNtA, DESCRIBED AS FOLLOWS, TO W111: A 57RIP OF LAND 30,00 FEwT IN WIDTil, BEING A PORTION OF LOTS C ;-JID D, BANNING TRACT, CASE NO. 695 OF THE SUPERIOR -COURT OF LOS A.NGcL °_S COUNTY, CALIFORNIA, A PORTION OF LOT 1 OF TRACT 463, AS SXOWP' ON A MAP THEREOF, RECORDED 114 600k 302 PJ-GFS 2 AND 3 OF MISCELL!,NEOUS I4AP51 RECORDS OF OP.AkGE COUNTY, CALIFORNIA AND A PORTION OF LOT 1 T7.ACT NO. 2250, AS S)!OWN ON A MAP TIiF_^,EOF RECORDED IN 0001: 104 PAGES 6 AND 7 OF MISCELUtUFOUS MAPS, RECORDS OF SAID ORA14GE COUNTY, TI.E EASTERLY LillE OF SAID 30.00 FOOT STRIP 15 MORE PARTICULARLY DESCRIcEO AS FOLLOWS: BEGINNING AT THE MOST NOR7F.ERLY CGR:IE!'. QUITCII.IH OE_D, RECORDED MARC:: 101 1060 29 OF OFFICIAL RECORDS, OF SAID ORZAAGE -5- OF THc L1;ND DESCRCaEJ IN 7HE III BOOK 5140 PACES 25, 27 AND COUNTY, SN:ID CORNER USING THE s! f i r I1 i E I tF1 I� �'t 2� INTERSECTION OF iliE 'CA5117RLY LINI: OF IMITTI:'R AVCIME, 6(1.00 F1 E7 114 WIDTH, HITH T1iF SOUTHWC5TC:ZLY LI1!f_ OF f.'U* l`ORT to!-SA TRACT, AS SH01414 014 A HAP IHEP.EOF, RECORDED Ito BOOT: 5 PAGE 1 OF M1S•CELL.YNF.OUS 111�1151 RECORDS OF SAID ORi%NGE COUNTY; SOUTH 01 56' 0!" :::AST, ALONG Ti!E SOU'iHEPLY PPOL011GATION TO Tia_ SAID EASTERLY LINE OF WHITTIER AVENUE, A DISTANCE OF.3465.51 f _T MORE GR LESS, To AN INTERSECTION WITH A LINE 014 A CURVF CONCAVE TO TEE SOUTi'.WFST, 250.00 FEET NCRTii- F- ASTZ-RLY OF AND PARALLEL Ill•ili T!:.- NORTHEASTEPLY 1-1170 OF 7iiE 100.00 FOOT RIC14T OF WAY OF TEE C;,I.1FGRt:I;a STATE HIGHWAY, AS DESCRIBED Ito DEED P.!:CORDFJ' APRIL 201 1936 Ili '?GO): 622 PAGE 46 OF OFFICIAL RLCOP..D,S OF SAID DRA14GE COUNTY. T!:- 501 L1NF TO OE LE:4GiE!c'.7 OR SiIO -E:4C9 M IFRJaINAiE ON Ti•;E SAID SOUTijk= T=. ^.'_Y 1.114'c OF i4 !4PCR7 !'E TR C7 A;t:D 014 THE SAID CURVE CONCAVE TO Tr SCUMWES;. ALSO EXCEPT TRERE.FROM 711C• PCRT1Ui! T`E2FOF LYING EELOW A VERTICAL DEPTH OF 6000 FEET MEASURED FROM T7:E - CURFACE. ALSO EXCEPT THOSE PORTIONS OF SAID.J_ 1IR_17DT..,II7CLODED WITHIN THE EXTERIOR BOUNDARIES OF THE R- J4C1S0 51+14TIAG_U. DE 5ANIA AIIA, THE PATEHT FOR WHICH WAS kECORDED JUICE 28, 1604 IN DOM 3 PAGE 367 OF PATENTS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. PARCEL 2: ALL THAT CERTAIN LAND SITUAIEV F•: =FtT1_T W17HL14 -11:E CITY OF NEWPO ^T BUkC41 COUNTY OF ORANGE, ST:.-iv- OF CALIFORNIA, RESC?IBED AS FGLLCWS: BEG11414114C AT A COPP °P. TACIT 114 LEAD 5r7 114 CONCRETE PAVEMENT A'i � STATI011 639 PLUS 74.91 AS SrD1 +H ON Si;-`=T 6 OF 11 S!'EFTS, DIVISION 7, P.DUTE 60 ST +T£ Iid.GHItiAY 11; PS, SAID HAP CN F11- IN i'r:E OFFICE OF i•r._ STATE MGFWAY E14G114"R OF THE STATE CF CALIFOPNIA, AND RUNNING TE' =!IC NORTH 15" 4.3' EAST, 95.633 Fr`. `i TO T1•-v TPUF 1701:147 OF 6E-GINNING OF THIS !; DESCRIPTION SAID POINT BE1HG L'1 T!!E HOP.Ti'=:RLY LINE OF SAID H1i;W;.Y; j THEI•ICE NOR71i 150 43' EAST 396.62 F--ET TO A POINT; i rJ,C SOUTr? 860 35' 30" EAST, ('.42.01 FE-ET TO A POINT; TH"E17CE NORTH 890 43' E;•ST 2079.49 F:-"57 TO A POINT; SOUTH 400 02' EAST, 528 FEET TO ,A POINT; TYJ4CE SOUTH 290 02' C--'AST, 265.57 FE-=-T TO A FOINi; T:�EIIC'_ SOVT!! 890 45' EAST, 51.30 F—,—"; TO A F'OINT; THENCE SOUTH 25° 56' 41" EAST 660 1' Ei TO A 1101177; Ti`:�'4CE SOUTH 10 11' 45" EA`57 893.88 F`7 TO A POINT; THE)4CG SOUT!'. 4:0 02' FJtS7 313-IC F-7-7 TO A ?01147; TrEHCc SOVIH 70 02' EAST 5(17.33 F==I TO THE NoRiIzERLY LINE OF TY.E STATE f HifillrlAY, AS SHOW4 UPON SHEET 8 OF 11 SHEETS, OIVI.SIO1i 7, ROUTE 60, STATE H1GH44AY MAPS; M514CE 11ORT14. 830 16' 30" WEST AL014G TXE NORTHERLY LINE OF SAID HIGHWAY, 271.01 FE =T TO AN ANGLE POINT IN SAID HICKWAY; TREIKE C0I4TLNU117G ALONG THE fiCZVERLY LINL OF SAID HIGHWAY IIOPTH 760 A POINT IN CENi - -R OF T!iE SANTA AJNA 22' 10" WEST, 119.27 FEET TO RIVER, AS 14014 ESTA(TLISH =D, THEHC! NORTHERLY ALONG .!:E CENT t OF SA:)D SANTA ANA RIVER, THE FOLLOWING COURSES 6311) DISTANCES, TO -WIT: NCRT4 100 47' 30" WEST 136.39 F!IET TO A PD1141; 71f =NC° 110117.4 j0 33' 25" -A57 1205.14 F2g TO A P01117; THENCE I:O;t7H 130 35' 40" W ST 665.36 F= -ET -6- ii TO A POINT; THENCE NORTH 210 46' -WEST .208.51 FEET TO A POINT; T1iE11C°_ LEAV114G SAID RIVER AND PUNNING NORTH E90 451 14EST 668.99 FEET TO TN.E CENTER OF SAID RIVER; THENCE C0147114UI14G SOUTHWESTERLY ALONG THE LfiNTER OF SAID RIVER THE FOLLOWING COURSES A14D DISTANCES, TO WIT: SOUTH 200 06' 15" WEST 408.16 FEET TO A POINT; THENCE SOUTH 440 531 WC- SL-- 255-2,,C4 FEET TO A POINT; THENCE SOUTH 730 25' 50" WEST 274.17 FEET TO A POINT; THENCE NORTH 66° 421 20" WEST 765.73 FEET TO A POINT; THENCE NORTH 780 021 WEST 517.61 FEET TO A POINT IN THE NORTHFA57ERLY SIDE OF SUMMIT STREET; THENC= LEAVING THE C.?JITER OF SAID RIVER AND RUNNING NORTH 600 52' 34" WEST ALCNG THE NORTHERLY LINE OF BLOCK C OF L•L IiORO TR••CT, AS SHOWN ON A MAP P =CO ?DED IN B001:- 8 PACE 75 OF MISCEI.t.ANEOUS NAPS, IN THE OFFICE OF ThE COUNTY RECORDER OF SAID COUNTY, 151.04 F=--;:T TO AN AuGLE POINT 114 SAID LINE; THENCE CONTINUING ALONG THE N'f RT1{ RLY LIVE OF SAID BLOCK, 110RT}i 64° 06' 50" WEST 170.26 FiiET TO TTiE 140FT'jEFL`.' L114E OF T.`:E 5TATE H)GiiWAY, A5 SItOW14 UPON SVEET 6 OF 11 SHEETS, DIVISION 7, ROUTE b0, STATE HIGHWAY MAPS, TVFMCE AL014G TieE NORTHERLY LINE OF SAID STALE HIGhwAY, 14ORTH 540 02' WEST 470.73 FEET TO TPE TRUE. POINT OF BEGINNING. EXCEPT THAT PORTICN, IF ANY, INCLUDED WIThI14 PARCEL 1, ABOVE DE5CRJ2E0. ALSO EY.CEPT THEREFROM THE PORTI014 CONVEYED BY JOSEPH B. BA1414ING JR., A14D OTHERS, TO C. R. WOODRUFF, BY DEED RECORDED JANUARY 91 1929 IN BOOB 271 PAGE 499, OFFICIAL RECORDS, NUMBERED FIPST AND SECOND AS FOLLOWS: 1ST : - TIAT PORT7014 OF THE RANC40 S ;.14TIAGO DE SANTA ANA, 114 iris COUI41Y !� OF OFAI4GE, STATE OF CALIFORNIA, BOUNDED SOUTHrAS_,ERLY, SOUTHERLY A14D # SOUT1iWEST'EP.LY BY THE CENTER LINE OF T:ir SANTA ANA RIVER, BEING THOSE CERTA114 COURSES I14 SAID •CENTER LIVE SOUTH 200 06' 15" WEST, SOUTH t. y6 58' WEST, SOUTH 730 23' 30" WEST, NORTH 660 42' 20" WEST, AS FER IV%P i FILED IN, AND ANNEXED r0 THE COMPi1 INT IN T-HE CASE OF J. 5. FANNING, JR., VS, SMITH A14D 071HERS BE714G CASE 140. 22797,' 714 THE SUPERIOR COURT OF DRA14GF COUNTY, STATE OF CALIFORNIA, AND BOUNDED NORiNWESTERE.Y AND NORTHERLY BY THF. NORTHWESTERLY AND NORTIiERLY LINE-OF TRACT 1\10. 7721 AS PER MAP RECORDED III BOOK 23 PAGE 6 OF MISCELLANEOUS NAPS, 114 THE OFFICE OF TIlE COUNTY RECORDER OF SAID COUNTY, SAID NORT-iWESTERLY A-140 l: NORTHERLY L114ES IIAVING A BEARING OF SOUTH 880 25' EAST, NORTH 720 45' e EAST, NORTH 420 ' 06' EAST AND NORTH 290 061 FAST, ALL OF SAID Li,140S LYING BETWEE34 THE BANKS OF THE SANTA ANA RIVE?. AS DESIGNATED ON SAID MAP 114 SAID CASE NQ 22797. 214D: THAT PORTIO14 OF THE RA14C40 SANTIAGO DE SANTA ANA, IN TY.E COUNTY f� OF ORW4GE, STATE OF CALIFORNIA, DESCRI'3ED AS FOLLOWS: 4� e 4 _7� i{ BEGINNING AT THE IN-iERSECTION! OF THE WESTERLY PROLONGA11014 OF 711 1E NORTHERLY L114E OF TRACT 140. 7721 kS SH01414 ON A 14AP PFCO ?DED 114 OGOY. 23 PAGE 6 OF MISCELLANEOUS (SAPS, RECORDS OF DP-'%NGE COUNTY, CALIFORNIA, WITH THE CENTER L114E OF THE SANTA FNA RIVER, AS SAID CEUTErR LINZ IS SHOWN ON THE MAP FILED 114 i:ND AN:NfY,.`_D TO THE COMPLAINT IN THE CASE OF J. B. B- %NNING JR., VS. SMITH AND O—IHERS, BEING CASE 110. 22797, 114 THE SUPERIOR COURT OF ORAI4GE COUNTY, CALIFORNIA, ThENCE AL014G ME CENTER LINE OF SAID S.`.N'fA ANA RIVER, AS I'OLLGWS: NORT:i 200 06' 15" FAST 184.16 FEET NORTH 510 48' EAST 117.09 FEET, NORTH 740 07' EAST 254.30 FEET, SOUTH 450 20' 2B" EAST. 29£.02 FEET, SOUTH 270 46' EAST 12 ?.53 FE=T 70 7h'C EASTERLY PP.OLONGATI CN OF SAID NOP- ekERLY LINE OF SAID TRACT NO• 772; TM.EFJC: ALONG S % +IDSTEr2LY PROLONJC.VT1C14 :.ND SAID NORTHEPLY LINE_ OF M.kCT NO. 7722 :14D WESTERLY PPOLOI�GAT1G4 T'r.Enp9F 14ORTH 8p0 45' WEST 669.49 F'ET TO THE POINT OF BEGINNING. ALSO EXCEPT T14E FOLLOWING: 9EG1NNING AT THE INTERSECTION OF 'ME EASTERLY LINE OF THE RANCHO L1,S 'EM SAS aND DESCRIBED IN BOOK 2 PAGE 314 OF PAIENT5, RECORDS OF LOS 1, ;4 FLES COUNTY, CALIFORNIA, WITH THE CENTER LINE OF TEE PRESENT CALIFORNIA STATE.NIGHWAY, SAID POINT OF BEGINNING BEING DISTtU4T NORTH 15° 113' EAST 02.64 FEET FROM A COPPER TACK. IN LEAD SET IN THE CONCRET' FAVFJ -LENT AT STATION 639 PLUS 79.91 AS SHOW14 ON SITEET 6 OF 11 SHEETS, DIVI51014 7, ROUTE 60 OF S7AT? HIGHWAY MAPS ON FILE 114 Tli- OF'IC=- OF TY.=_ STATE HIGHWAY ENGINEER OF THE STATE OF CALIFORNIA; 'iHEI4CE ALONG SAID EASTERLY 011E OF T! E RMICHO LAS BOLSAS, NORTH 150 43' L45T 330.97 F 1; THENCE SOUTH 740 17' EAST 28C,02 FEc'1 TO TIME 501i7::PrZLY PROLONGATION Cr T::E CFIt7cR' LINE OF"THAT CERTAIN 300 FOOT STRIP OF L?-NO DESCP.I5ED 114 T`hE DEED TO i NEHSERT PROTECTION DiSIRIC "i, RECORDED IN BOOK. 197 PAGE 300 OF DE =:iS, RECORDS OF ORANGE COUNTY, C. LIFCRNIA; TH:EI'ICE :d-014C S;AD SOU- IFERLY PROLONGATION SOUTH 130 24' WEST 45:•=6 FEET TO SAID CENTER L114E O= ME CALIFORNIA STATE H.IG1iWAY: THENCE AL014G SAID CE11TE.? LINE NGRT. 54° 02' WEST 326.21 FEET TO THE POINT OF BEGI1414114G AS C014VEYED TO JANE= M. MACKLIN, BY DEED RECORDED JANUARY 29, 1930 IN BOOK 5556 PAGE 31, OFPICJAL RECORDS. ALSO EXCEPT PARCEL D5 -122.1 AS DESCRIBED III AND AS C014DEM14EED FOR A FLOOD CONTROL CHANNEL BY FINAL DECD.=_= OF CONDEMNATION, A CERTIFIED COPY OF WHICH 14AS RECORDED IN BOOK 5003 PACE 441, OFFICIAL RECORDS. ALSO EXCEPT THAT PORTI014 OF SAID LAND 140T INCLUDED UT1iER WITHIN THE EXTERIOR BOUNDARIES OF THE RAIlCHO SANTIAGO DE SANTA ANA. THE PAT`E'NT FOR WHICH WAS RECORDED JUNE 28, 1884 IN BOOM. 3 PAGE 3387 OF PATENTS, RECORDS OF LOS /J4GELES COUNTY, CALIFORNIA, OR WITHIN THE EXTERIOR BOUNDARIES OF LOT 1 OP SECTIO14 19, TOWNSHIP 6 SOUTH, RANG=- 10 WEST, SAN BErRIIARDINO 4ERIDIA41 LOT 1 OF SECTION 20, TOWNSHIP 6 SOUTH, RA14GE 10 WEST, SA14 BERNAP.DINO MERIDIAN, LOTS l AND 2 OF {u i SiCTIOl4 24, TOWNSHIP 6 SOUTH, it.YNGE 10 wl'57, tfar4 aFRNACUTNO KEPIUTAr4, tl THE PATEI4T FOR WHICH LO -i5 14A5 RECORDED APRIL 19, 1993 IN BOOM I PAGE t' 66 OF PATENTS, RECORDS OF OR1:,NGE COUNTY, CALIFORNIA. ALSO EXCEPT THEREFROM, THE PORTIC14 THEREOF LYING el :LC1i A VERTICAL- DEPTH OF 6000 FEET MEASURED i R011 T14E SURFACE. PARCEL 3: ALL THAT CERTAIN LAND SITUATED IN ME CITY OF NEWPORT BZAC:`i, COUNTY +� OF ORANGE, STATE OF CALIFORNIA, M- :SCRIBED AS FOLLOWS'. BEGINNING AT A P0114T OF INTEP.SEC710N CF TiiE SOUTIHERLY 0NF OF TriE CO FOOT RIGHT OF WAY OF VE CALIFORNIA SiA+iE HIC-1.'1M. AND THE NORTH - WESTERLY BOUNDARY OF IRVINE'S SU5DIVISION AS SHOWN CN A 11AP RECOP.OcD 112 BOOK, 1 PAGE 83 OF RISCELLA.NZOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE AL014G SAID NORFiW-E—STERLY BODU[)A:RY LINE, OF MIME'S i SUGDIVISYON AND ITS SOUTHWEST —ERLY PROL014GATIO14 SCUT-ii 5500 1:3' 45" 1i*ST 252.26 FEET TO A POINT Ili THE LINE OF ORDIIIARY HIGH TIDE OF 1:'.E PACIFIC OCEAN IN NEWPORT BAY AND DESIGNATED "NORIM LINO ", 7c5 ESTABL)Sit -D ., BY THE DECREE II{ THE ACTION C14TITLED CITY OF NEWPORT 3EACA, PLMNTIFF= VS. F. M. 5+70BRIDGE AND O hi RS, DEFENDANTS, CASE NO. 23666, SUrER:CR �t COURT OF DRA14GE COUNTY, CALIFORNIA, .A CERTIFIED COPY OF WHICu DECr.Ec WAS RECORDED SFPTEIiRER 190 1 ?28 IN BOOK 201 ,AGE 253 OFFICIAL ;�ECOROS; 11114CC ALONG SAID TIDE LINE NORTH 740 17' 11" WEST 592.01 iiiF;NCE NORTH 580 28' 28" WEST 10£5.2£ F T; — )HENCE IIORTH 560 W 1£" jyll WEST 584.64 FEET; THENCE NORTH 600 19' 50" WEST 577.07 P=--T TO A P0114T IN THE SOUMMI.RLY LINE OF THE E0 FOOT RIGHT OF WAY OF Ts:_° r CALIFOWiIA STATE HIGHWAY FROM WISIC:i PCIN'i -li E QUAItTcE C0ii.k)EP. EE'Fr+SEN �I SECTIO14S 20 A14D 29, TOWNSHIP 6 SOUTH, RANGE 10 WEST, SA14 5?3Na.RDING t MERIDIAN, BEARS NORTH 50 55' 1£" WEST 113.01 FEET; il'. NCE ALONG T1iE SOUTHERLY LINE OF SAID CALIFORNIA STALE N.IGHWAY ii'E POLLGWING COU:SSES 1-14D DISTANCES: SOUTH 830 18' i:1:S7 6055.33 FEET; Tii °NC? CN A CURVE CONCAVE TO THE SOUTH HAV114G A RAMS OF 960 FcET AND TANGENT TO THE LAST MENTIONED COURSE, A DISTM4CE OF 290.98 F^ T; iRENC€ SOUTH 630 56' FAST 667.17 FEET; IHL14CE ON A CURVE CONCAVE TO THE SOUTFwEST IiAV1NG A RADIUS OF 960 FEET AIM TANGFNT TO T ;!F LAST MENTIONED COURSE, A DISTANCE OF 197,56 FEET; THENCE 50Uili 540 00' 30" EAST 387.06 THENCE 012 A CURVE CONCAVE TO TIHE NORTHEAST HAVING A RADIUS OF 1040 � FEET AND TANGENT TO THE LAST MENTIONED COURSE, A DISTANCE OF 2PS.51 FEET; THENCE SOUT1! 700 05' 30" EAST 4 °4.84 FE T TO THE P0114T OF BEGINNING. EXCEPT THL•DEFROH THAT PORT1014 COMIrYED •i0 T)'E TOWNSEND LAND COM�FAYY, BY DEED RECORDED NOVEMBER 6, 1930 114 BOOK, 429 PACE 1:141 OF: IC!AL RECORDS. Y� i 1 i.i {. 4P :28= s ALSO EXCEPT THEREFROM THE PORTION INCLUDED IN PARCEL 5 HEREINAFTER DESCRIBED, ALSO EXC-cPT THAT PORTION OR PORTIONS OF SAID LAND NOT INCLUDED WITHIN THE EXTERIOR BOU14DARIES OF THE RANCHO SANTIAGO DE SA14TA A14A, THE PATENT FOR WHICH WAS RECORDED JUNE 28, 1884 IN @OOK 5 PAGE 387 OF PATENTS.. RECORDS OF LOS A`IG'ELES COUNTY, CALIFORNIA. ALSO EXCEPT114G THEREFROM THE PORTION THEREOF LYING BELOW A VERTICAL DEPTH OF 6000 FEET MEASURED FKli ThE SURFACE. PARCEL 4: ALL T1iAT CERTAIN LA14D SITUATED IN T:}E CITY OF NEWPORT BEACH, COU14TY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: 6! ALL OIL, GAS A14D SIMILAR HYDROCAR °011 SUBSTANCES IN OR U!1DER THE FOLLOWING DESCRIBED PARCEL OF I1+ND: THAT PORT1014 OF LOT "B" OF THE !( °AtdNING TRACT, AS SHOWN Old A HAP OF SAID TRACT, FILED 111 THE CASE OF HA.N000K BATWING A14D OTHERS, VS. PJ:RY H. BANNING CASE NO. 6385, PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT A POINT IN 71iE- EASTERLY LINE OF T-riE 300 FORT STRIP OF LAND FOR SANTA A34A RIVER C"41 NEL, AS DESCRIBED 111 THE DEED TO T4E NEWBERT PROTECTION DISTRICT, RECORDED JUNE 22, 1911 M 000K 197 PAGE 300 OF DEEDS, WHICH P0114T IS NCRTH 710 20' EAST 510.47 FEET FROM THE SOUTHWEST CORNER OF SAID LOT "B ", WHICH LAST 14ENT1014ED CORNER 1S ALSO STATIO14 149 OF THE RA11CHO S.ANTIA CO DE SANTA ANA; THENCE NORTH 150 25' EAST ALONG THE FASTERLY LINE OF SAID 300 FOOT STRIP OF UNND, 660 FEET; THENCE SOUTH 760 351 EAST 660 FEET; THENCE SOUTH 130 25' WEST 660 FEET; THENCE NORTH 760 35' WEST 660.00 FEET TO T-HE POINT OF BEGINNING, TOGETHER WITH TY.°_ RIGHT TO DRILL FOR, EXTRACT AND PRODUCE THE SAME, BUT WITHOUT THE RIGHT TO ERECT OR CGNSTRUCT ANY DERR"ICY OR OTHER STRUCTURES WHATSOEVER ON SAID LAND, UNDER THE CONDITIONS OF T E FINAL JUDGMENT OF'CONDEMNAT ?ON RENDERED AUGUST 20, 1937 111 T-HE ACTION E1ITITL =D CITY OF NEWPORT BEACH, M—AINTIFF, VS. TOW14SEND LAND COMPANY.. A140 OTHERS, DEFEENDA.NTS, CASE 140. 31,747, SUPERIOR COURT, ORANGE COUNTY, CALIFOP.111A, EXCEPT PARCEL D3 -130.1 AS DESCRIBED IN AND AS CONDEMNED FOR A FLOOD CONTROL CVANNEL BY F114AL DECRC° OF CONDEMNATION, A C=RTIFIED COPY OF WHICH WAS RECORDED IN BOOK 5993 PAGE 441, OFF7 CIA!. RECORDS. r ALSO EXCEPT THEREFROM THE PORTION THEREOF MUG EELOW A VE.TICAL DEPTH OF 6000 FEET 11F:ASURED FRC11 THE SGRFACZ. —10— PARCEL 53 ALL THAT CERTAIN LAND SITUATED 114 714,E C1Ti OF IIEWPORT 6EAC1'•, COU141Y OF ORANGE, STATE OF CALIFOR111A, DESCRIBED AS FOLLOWS. BEGINNING AT A POINT Old THE SOUTMERLY LINE OF STATE HIGHWAY U.S. 101 (100 FEET WIDE) WHICH IS SOUTH 190 54' 50" WEST 50 FEET FRO14 STATION E. L. 70.7 PLUS 87.80 OF SAID SLATE HKEWAY THENCE SOUTH 700 05' 30" EAST AL014G SAID SOUTHEP.LY LINE 180 FEET; T}tz!dCc SOUTHWESTERLY Ild A DIRECT L114E TO A P0114T 114 THE EASTERLY LINE OF COAST BOULEVARD CEO FEET WIDE) SAID POINT BEIIIG SOUTH 1p0 41' 50" EAST, 14EASURED ALONG SAID EASTERLY L1142, 180 FEET FRGX THE 140ST SOUS:'.EPLY END OF A TIJlGENT CURVE OF 40 FOOT RADIUS AND CONCAVE- 70 ir!E SOUTHEAST AND DESCRIBED 114 THE AGREEMENT P.ECGRDE'> AUGUST 9, 1927 IN BOOK. 70 PAGE 408, OFFICIAL RECORDS; THING NORTH 190 ''1' 50" WEST ALGIM SAID EASTERLY LINE 1B0 FE'-- TO 774,.,E POINT OF BEGI IN1NG OF THE TANG-04-1 CURVE OF 40 FOOT RADIUS P.ND C014CAVE TO TV" S TH OUTHEAST; ENCE EASTERLY AL014G SAID CURVE 61.50 FEET TO THE SOUTrOERLY LINE OF STATE HIGHWAY U. S. 140. 101 (100 FEET WIPE) BEING A CURVE; TAE!QCE EAST nLY ALONG SAID CURVE C014CAVE TO T-HE NORTH, -e ?HOST RADIUS IS 1050 FEET AND `AMOSE INITIAL RADIUS BEARS NORT11 200 26' 37" EAST, A D1STA14C= OF 10.12 FEET TO TIXE P0114T OF BEGINNING. EXCEPT T:IE PORTION OR PORTIONS CF SAID LAND NOT INCLUDED WIT14114 THE EXTERIOR BOUNDARIES OF TI?E R.vnuo SENT ?AGO DE SANTA ANA, THE PATENT FOP. WHICH WAS RECORDED JUKE 22, 13Su in BODY 3 PAGE 3E7 OF PATENTS, 114 THE OFFIC' OF THE C00141Y RECOicGER OF LOS AtC- ::' - -S COUNTY, CALIFOMIA. ALSO EXCEPT THEP.'ErR014 TIiF PORT1014 T!..ERE'OF LYING GEL^d A VERTICAL DEPTH OF 6000 FEET jiCASURED FROM THE SURFACE. -11- Cart Copy. OXBOW ANNEX. Hearing ^nt to Feb 23, 1981_ By tha COUNCIL CITY OF N7 WPORT g��, C - FROM: UtiliPies Director SUBJECT OXBOW ANNEXATION NO. 88 (WEST NEWPORT OIL WELLS) RECOMMENDATIONS: Hold Public Hearing 2. Close Public Hearing 1 February 9, 1981 CITY COUNCIL AGENDA ITEM NO. D -1 (Continued from January 26, 1981) 3. If a majority protest has not been filed adopt required resolution. 4. If a majority protest is possible take matter under advisement and deliberation to the Council meeting of February 23, 1981. DISCUSSION: On November 10, 1980 the City Council adopted Resolution 9921 applying to the Local Agency Formation Commission (LAFCO) for authorization to annex to the City certain uninhabited territory contiguous to the City of Newport Beach and known as Oxbow Annexation No. 88. The areas proposed for annexation are shown as Parcels A and B on the attached Exhibit "A ". On December 10, 1980 the Local Agency Formation Commission (LAFCO) after holding a public hearing adopted Resolution No. 80 -97 designating the City of Newport Beach as the conducting authority and directed the City to initiate the annexation proceedings.. On December 22, 1980 the City Council adopted a resolution initiating the proceedings for annexation and set a public hearing for January 26,.1981... ... The City, as lead agency, has determined that the proposed annexation to be categorically exempt from the requirements of the California Environmental Quality Act of 1970. The purpose of the annexation is to allow the City to provide City services to the area and to eliminate the need to pay both property and mineral taxes to the County. Procedure to be followed: 1; At the hearing, the City shall hear and receive any oral and written protests, objections or evidence which shall be made, presented, or filed (G.C. #35226). ('N February 9, 1981 Oxbow Annexation No. 88 Page 2 At the conclusion of the hearing, the City shall determine the value of written protests filed but not withdrawn by owners of land within the proposed annexation (G.C. #35227). The City shall cause the names of those landowners filing written protests to be compared with the names of the persons shown as owners of land on the last equalized assessment roll to determine (G.C. #35122): (a) The total number of landowners within the territory and the total assessed valuation of all land within the territory; (b) The total number of landowners represented by qualified signers and the total assessed valuation of land owned by qualified signers. 4. Within 30 days after the conclusion of the hearing, the City shall find and declare by resolution whether a majority protest has been made (G.C. #35229). (a) The City shall terminate proceedings if written protests have been filed and not withdrawn by the owners of land who own not less than 50% of the total assessed value of land and improvements within their territory. (b) The City shall order that the territory be assessed if written protests represent less than 50% of the total value of land and improvements within the territory. 1 , 1 seph T. Devlin iliti Director be Attachment 41 rI c. ITV I Ax 1, �--, 3 FT rn I � 1 r 177 1. ol 1, �--, 3 FT rn I � 1 r a _. , Mobil 001 Corporation By the G 1 *f CQU1'4_, CITY OF N* WPORT SEACh u 12631 EAST IMPERIAL HIGHWAY. SUITE 12041 SANTA FE SPRINGS, CALIFORNIA 90670 January 26, 1981 STATEMENT OF MOBIL OIL CORPORATION REGARDING PROPOSED ANNEXATION OF LANDS BY THE CITY OF NEWPORT BEACH, CALIFORNIA In response to notice of December 24, 1980, regarding a Public Hearing scheduled for January 26, 1981, Mobil Oil Corporation wishes to renew its earlier statement in opposi- tion to the proposed annexation of lands by the City of Newport Beach known as Oxbow Annexation No. 88. As the operator of the Banning Lease, and on behalf of our royalty owners, we oppose the proposed annexation of Parcel A, as shown on Exhibit "B" of the Oxbow Annexation Notice of November 4, 1980, because it would threaten disruption of our oil and gas operations on and around said Parcel "A ", which operations have continued for over 30 years. a. W/ Mii1er for Mobil Oil Corporation .Ail 4b ARMSTRONG PETROLEUM CORPORATION POST OFFICE BOX 1546 NEWPORT BEACH, CALIFORNIA 92663 By the CiTy COUNCIL C;7Y 07 ` 7—WPORT BEACH TELEPHONE (714) 675 -5231 January 26, 1961 City of Newport Beach City Hall 3300 Newport Boulevard Newport Beach, California 92663 Attention: Ms. Wanda E. Andersen City Clerk Re: Annexation Proceedings Oxbow Annexation No. 88 Gentlemen: This letter constitutes the protest of Armstrong Petroleum Corporation to the proposed annexation by the City of Newport Beach of that certain property described in the Resolution of the City Council of the City of Newport Beach adopted December 22, 1980. Armstrong Petroleum Corporation is the owner of the leasehold estate, as successor in interest to the original Lessee, under and that is covered by that certain Lease dated May 26, 1947, by and between Anne 0. Banning, et al., as Lessors, and D. W. Elliott, as Lessee, covering certain lands in the County of Orange, more fully described in Exhibit "A" attached hereto and made a part hereof; such Lease is in full force and effect. Armstrong Petroleum Corporation is the owner of an undivided one -half (1/2) of the leasehold estate, as successor in interest to the original Lessee, under and that is covered by that certain Lease dated November 15, 1944, by and between Townsend Land Company, as Lessor, and Macco Construction Company, as Lessee, covering cer- tain lands in the County of Orange, more fully described in Exhibit "A" attached hereto and made a part hereof; such Lease is in full force and effect. The property described in the aforesaid Resolution dated December 22, 1980, and that which is proposed to be annexed by the City of Newport Beach, lies within and constitutes a part of each of the aforesaid Leases. Said proposed annexation will affect the interests and ownership of Armstrong Petroleum Corporation in and to the leasehold estates created by said Leases. City of Newport Blk January 26, 1981 Pages -2- of By reason of said Leases, Armstrong Petroleum Corporation owns and operates oil production facilities (including without limitation well bores, casings, wellhead equipment, pumps, motors, pipelines, valves, and related facilities) which are physically located in and upon that certain property described in the afore- said Resolution and which is the subject of the proposed annexation. The territory sought to be annexed is uninhabited. To the best knowledge and belief of Armstrong Petroleum Corporation, the City of Newport Beach does not own or operate any oil production facilities in or upon the property sought to be annexed. Armstrong Petroleum Corporation opposes such proposed annexation and files this written protest against said annex- ation in accordance with provisions of law and the aforesaid Resolution of December 22, 1980. are: The name and address of Armstrong Petroleum Corporation Armstrong Petroleum Corporation 3355 Via Lido, Suite 300 Newport Beach, California 92663 Yours very truly, ARMSTRONG PWROLEUM CORPORATION By R. A.,Armstrong, _pees PARCEL-I t A strip of land 250 feet in widthpcom- mencing at the Southwesterly corner of the land leased to said Macco Construction Company, and run - ning thence parallel to and i=ediately contiguous to the 5outherly,boundary of the land demised to .said Xacco Conbtructicn Company to a point where ths,Southerly bounds . ry of said land is crossed by 'th . e-Northqrly boundary of the State Highway] thence alon*g`and i=edibtoly contiguous to the Northerly boundury of said Ftaie.Hiehway to the Easterly boundary of said land deraised to the said Aacco.. Comtruction Company, all &E set forth* an the rap attached to said,,leafie and 'made U.pa * rt:.thereof.p whereon the-said 25Q—foot strip herein :iteritidned is, outlined in red end zaried."WhIpstock PILRCEL Ili 'All 6f�thei ' ' . lessors, underlyl g -th6.stkte highvfty) C eaCing * kt the easterly boundary of * the Santa AnS. where said' . river diEsects said hik;hwayj .. theinco* easterly to a p6int,whery the northerly boundary of said highway., i'atersects of the:` iar'id li&ced to the Macco ru c jion o mp _ a , ny j , ac. 6ereinabove. dleicribedy - iiaW area—being 8hom nn xap attached to said lease and cdl6red in� blue .' t.. PARCEL III: - Loote' 1 to.6,.Anclusivoy of Block — Tract, map recorded, . n ijook 8 P 1 it ro' Tra. li* age 75 Qf.;Asctll n*046 R . e te., of the ,'L County I c-cor(:er of -jran6e "unty, . subject to an eutse.,:e:it in frAvor pf..the state of,,Cali,fornia for state 1114hw&Y Ourt)oFesi Beginning at a point In this Nortkrwestei Superior Avenue, formerly Newport Avenue, is' Avenue. In shown on a Map of Trac.t, - n- * n,.o- - . .15., . . re( . 00k9" page 19 of f-Miscellaneous raps#zrecor( C ;iM;'Call f3r1apwhich point dtbeginnini 351 Sao i 524 feet Prom the most..Easter: ... LIW*Ore % 1;,Newport 15' weo _ 149 -Oo fast 'to, the Uss —Aing "o f lefts thene NortbdeiteAv m-a:-,cue,":c0nc6ve- tae "last mentioned" coursei.41tii etance`of. fleatj -SouU cur" concave , iirth*6sthA vL i feet and tangent 0 5 of 235:10 Oe-et t-7, a point from I : 3 23!kO 9 0 � 1 -,0, Mok.W20 .196. Wr--a-.;, '8outh!5o'4' 3"East: M5-9 feetto an Intersection with %4e -easement for realignment of Superior. Avenue "4's"'�d on a to,Ormagebounty: by deed recorded January 4,'_1954 Ijjj; Book 2643v': 'Pige�. W of Official Bkords an& by deeQ recorded, :mLmh-:;22o,.:1954 in Book 2692, V e 'o pe Ce of :oaid:'County; thence. South 15 J �to ft,i6iuiriom; Vb1ch 64mais.1 line beard 16rih 0 0 -,;3-,I P Usti thence Noirtheasterly, on a Cui-M concave ic,::t� wq• , Northweisti having a,raaui of 373AA feet tram point line b Northiaiiieiiyp on'S-'cume: Concave to the Northwest ng a radlus:vf 904,00' feet; i distanoe q,J*.U'--feetito Poi0it: In: th, *j1U9j,,;.q (,s VV -' . 1GaZj-.:TAeDC§, Mr, j the point - of. beg Inal , bgi"c'onA .of Alm R..... I • • NORTH 3p0 45' EAST 35.24 FEET FROM THE MOST EASTERLY CORNER OF LOT 1 IN BLOCK 1 OF SAID TRACT NO. 15; THENCE NORTH 500 15' WEST 122.00 FEET TO THE BEGINNING OF A CURVE TO THE LEFT; THENCE NORTHWESTERLY ON A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 730.00 FEET AND TANGENT TO THE LAST MENTIONED COURSE, A DISTANCE OF 130.21 FEET TO A POINT FROM WHICH A RADIAL LINE BEARS SOUTH 290 31' 48 " WEST; THENCE SOUTH 390 45' WEST 75.42 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; THENCE SOUTHWESTERLY ON A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 450.00 FEET AND TANGENT TO THE LAST MENTIONED COURSE, A DISTANCE OF 235.10 FEET TO A POINT FROM WHICH A RADIAL LINE BEARS NORTH 200 19' WEST, THENCE SOUTH 50 43' 13" EAST 234.53 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF THE EASEMENT FOR REALIGNMENT OF SUPERIOR AVENUE AS CONVEYED TO ORANGE COUNTY BY DEED RECORDED JANUARY 4, 1954 IN BOOK 2643 PAGE 217, OFFICIAL RECORDS AND BY DEED RECORDED MARCH 22, 1954 IN BOOK 2692 PAGE 622, OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTH. 50 43' 13" EAST 30.22 FEET TO A POINT FROM WHICH A RADIAL LINE BEARS NORTH 0° 54' 07" EAST; THENCE NORTHEASTERLY, ON A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 373.48 FEET TO A POINT FROM WHICLI A RADIAL LINE BEARS NORTH 370 15' 00" WEST; THENCE NORTHEASTERLY ON A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 904.00 FEET, A DISTANCE OF 205.11 FEET TO A POINT IN THE CENTER LINE OF SAID SUPERIOR AVENUE FROM WHICH POINT A RADIAL LINE FEARS NORTH 50° 15' WEST; THENCE 'NORTH 390 451 EAST ALONG ThE CENTER LINE OF SAID SUPERIOR AVENUE 87.00 FEET, THENCE NORTH 500 15' WEST 30.00 F-=T TO THE POINT OF BEGINNING; WITHOUT THE RIGHT EXPRESS AND IMPLIED, TO ENTER UPON OR TO USE THE SURFACE OF SAID TRACT OR THE SAID TOP 500 FEET THEREOF FOR ANY PURPOSE WHATSOEVER. ALSO EXCEPT THEREFROM LOT 2 OF TRACT NO. 463, AS PER MAP RECORDED IN BOOK 32 PAGES 2 AND 3 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ALSO EXCEPT THAT PORTION THEREOF INCLUDED WITHIN LOTS 1111 AND 1112, AS SHOWN ON THE MAP OF NEWPORT MESA TRACT, RECORDED IN BOOK 5 PAGE 1 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ALSO EXCEPT THE PORTIONS THEREOF INCLUDED WITHIN WHITTIER AVENUE AND 16TH STREET, AS SHOWN ON SAID MAP OF NEWPORT MESA TRACT. ALSO EXCEPT THE PORTIONS THEREOF INCLUDED WITHIN A STRIP OF LAND 30 FEET IN WIDTH THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHERE THE EASTERLY BOUNDARY LINE OF THE RANCHO LAS BOLSAS BETWEEN STATIONS 78 AND 79 OF THE SAID BOUNDARY LINE IS INTERSECTED BY THE LINE WHICH BEARS NORTH 130 26' 30" EAST FROM THE 7 • i POINT ON THE SOUTH LINE OF SECTION 18, TOWNSHIP 6 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, 2,244.92 FEET; NORTH 890 38' EAST FROM THE SOUTH. QUARTER SECTION CORNER OF SAID SECTION, SAID BEGINNING POINT BEING ON THE SURVEYED CENTER LINE OF THE SANTA ANA - ANAHEIM JOINT OUTFALL SEWER; THENCE FROM SAID POINT OF BEGINNING SOUTH 131 26' 30" WEST, ALONG SAID CENTER LINE TO STATION 187 PLUS 74.49 BEING THE POINT ON THE SOUTH LLNE OF SAID SECTION 18', 2,294.92 FEET NORTH 890 38' EAST FROM THE SOUTH QUARTER CORNER OF SAID SECTION; THENCE CONTINUING SOUTH 130 26' 30" WEST ALONG SAID SURVEYED CENTER LINE 2,795.66 FEET TO STATION 215 PLUS 70.15; THENCE SOUTH 160 27' 30" WEST, ALONG SAID CENTER LINE 1050.35 FEET TO A POINT 15.30 FEET SOUTH 840 45' EAST FROM STATION 68 OF THE RANCHO LAS BOLSAS, TOGE'+HER WITH THE STRIP OF LAND VARYING WIDTH LYING BETWEEN THE EASTERLY LINE OF THE ABOVE DESCRIBED 30 FOOT STRIP AND.THE WESTERLY LINE OF THE RIGHT OF WAY OF THE SANTA ANA RIVER THROUGH THE NEWBERT PROTECTION DISTRICT, AS CONVEYED TO THE CITY OF SANTA ANA, BY DEED RECORDED APRIL 14, 1934 IN BOOK 670 PAGE 147, OFFICIAL RECORDS. ALSO EXCEPT THEREFROM THAT PORTION OF LOT "B" OF THE BANNING TRACT, AS SHOWN ON A MAP OF SAID TRACT, FILED IN THE CASE OF HANCOCK BANNING, ET AL., VS. MARY H. BANNING CASE NO. 6385, PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EASTERLY LINE OF THE 300 FORT STRIP OF LAND FOR SANTA ANA RIVER CHANNEL, AS DESCRIBED IN THE DEED TO THE NEWBERT PROTECTION D- ISTRICT.. RECORDED JUNE 22, 1911 IN BOOK 197 PAGE 300 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, WHICH POINT IS NORTH 710 2(1' EAST 510.47 FEET FROM THE SOUTHWEST CORNER OF SAID LOT "S ", WHICH LAST MENTIONED CORNER 15 ALSO STATION 149 OF THE RANCHO SANTIAGO DE SANTA ANA; THENCE NORTH 130 25' EAST ALONG THE EASTERLY LINE OF SAID 300 FOOT STRIP OF LAND, 660 FE_T; THENCE SOUTH 760 35' EAST 66Q FEE.T; THENCE SOUTH 130 25' WEST, 660 FEET; THENCE NORTH 760 35' WEST, 660 FEET TO THE POINT OF BEGINNING, AS CONDEMNED BY THE CITY OF NEWPORT BEACH, IN THE ACTION ENTITLED CITY OF NEWPORT BEACH, A MUNICIPAL CORPORATION, PLAINTIFF, VS. TOWNSEND LAND COMPANY, ET AL., DEFENDANTS, CCASE NO. 34747), A CERTIFIED COPY OF THE FINAL JUDGMENT HAVING BEEN RECORDED AUGUST 20, 1937 IN BOOK 910 PAGE 19, OFFICIAL RECORDS. ALSO EXCEPT THAT PORTION INCLUDED WITHIN THE SURFACE AND SUBSURFACE ABOVE A DEPTH OF FIVE HUNDRED C500) FEET BELOW THE PRESENT SURFACE OF THAT CERTAIN REAL PROPERTY SITUATED IN ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS, TO WIT: 1 BEGINNING AT THE MOST EASTERLY CORNER OF TRACT NO. 15, MELROSE MESA, AS SHOWN ON A MAP RECORDED IN BOOK 9 PAGE 19 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, SAID POINT OF BEGINNING BEING IN THE SOUTHEASTERLY LINE OF LOT "D ", IN THE BANNING TRACT, AS SHOWN ON A,MAP OF SAID TRACT FILED IN THE CASE OF HANCOCK BANNING AND OTHERS, VS. MARY H. BANNING FOR PARTITION AND BEING CASE NO. 6335 UPON THE REGISTER OF ACTIONS OF THE SUPERIOR COURT OF LOS ANGELES COUNTY, CALIFORNIA; THENCE NORTH 290 24' 45" WEST ALONG THE NORTH- EASTERLY LINE OF SALD TRACT NO. 15 AND ALONG THE SOUTHWESTERLY LINE OF FIRST ADDITION TO NEWPORT MESA TRACT, AS.SHOWN ON A MAP RECORDED IN BOOK 8 PAGE 61 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY AND ALONG THE SOUTHWESTERLY LINE OF NEWPORT MESA TRACT AS SHOWN ON A MAP RECORDED IN BOOK 5 PAGE 1 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, 3,691.50 FEET TO A POINT IN THE EASTERLY LINE OF WHITTIER AVENUE, 6.0 FEET IN WIDTH, AS SHOWN ON SAID MAP OF NEWPORT MESA TRACT; THENCE. SOUTH 00 36' U" EAST ALONG THE SOUTHERLY PROLONGATION OF THE SAID EASTERLY LINE OF WHITTIER AVENUE 3,465.51 FEET MORE OR LESS TO AN INTERSECTION WITH A LINE ON A CURVE CONCAVE TO THE SOUTHWEST, 250.00 FEET NORTHEASTERLY OF AND PARALLEL WITH THE NORTHEASTERLY LINE OF THE 10.Q FOOT RIGHT OF WAY OF THE CALIFORNIA STATE HIGHWAY AS DESCRIBED IN DEED RECORDED APRLL 2.0, 1936 IN BOOK 822 PAGE 48, OFFICIAL RECORDS, RECORDS OF SAID COUNTY, A RADIAL LINE FROM SAID POINT OF INTERSECTION BEARS SOUTH 330 40' 54" WEST; THENCE SOUTH- EASTERLY PARALLEL WITH THE NORTHEASTERLY LINE OF'SAID STATE HIGHWAY AND 250.00 FEET DISTANT THEREFROM MEASURED AT RIGHT ANGLES THERETO, THE FOLLOWING COURSES AND DISTANCES; THENCE SOUTHEASTERLY ALONG A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 1,300.00 FEET, 49.39 FEET; THENCE SOUTH 540 08' 30" EAST, TANGENT TO SAID CURVE, 387.05 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, THENCE SOUTH - EASTERLY ALONG A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 700.00 FEET, AND TANGENT TO THE LAST MENTIONED COURSE, I94.87 FEET; THENCE SOUTH 700 05' 30" EAST, TANGENT TO SAID CURVE 376.41 FEET TO A POINT IN THE WESTERLY LINE OF THAT CERTAIN 2.7827 ACRE PARCEL OF LAND, AS DESCRIBED IN DEED FROM THE FARMERS' AND MERCHANTS NATIONAL BANK OF LOS ANGELES, TRUSTEE FOR ANNE 0. BANNING ET AL., TO A.E.S. CHAFFEY ET AL., RECORDED MARCH 14, 1958 IN BOOK 4228 PAGE 191, OFFICIAL RECORDS, RECORDS OF SAID COUNTY; THENCE ALONG THE WESTERLY, NORTHERLY AND NORTHEASTERLY BOUNDARY LINE OF SAID 2.7827 ACRE PARCEL THE FOLLOWING COURSES AND DISTANCES, NORTH 50 44' 28" WEST 160.43 FEET TO THE MOST WESTERLY CORNER OF SAID 2.7827 ACRE PARCEL, FROM WHICH A RADIAL LINE BEARS NORTH 200 20' 15" WEST; THENCE NORTHEASTERLY ALONG A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 450.00 FEET, 235.10 FEET; THENCE NORTH 390 43' 45" EAST TANGENT TO THE LAST MENTIONED CURVE 75.42 FEET TO THE MOST NORTHERLY CORNER OF SAID PARCEL, FROM WHICH A RADIAL LINE BEARS SOUTH 290 30' 33" WEST; THENCE SOUTHEASTERLY ALONG A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 730.00 FEET, A DISTANCE OF 130.21 FEET; THENCE SOUTH 500 /a y 16' 15" EAST, TANGENT TO THE LAST MENTIONED CURVE, 122.00 FEET TO A POINT IN THE NORTHWESTERLY LINE OF SUPERIOR AVENUE 60 FEET IN WIDTH, FORMERLY NEWPORT AVENUE, AS SAID NEWPORT AVENUE, IS SHOWN ON SAID MAP OF TRACT NO. 15, WHICH POINT BEARS NORTH 390 437 45" EAST, 35.24 FEET FROM THE MOST EASTERLY CORNER OF LOT 1, IN BLOCK 1 OF SAID TRACT NO. 15; THENCE SOUTH 500 16' 15" EAST, 30.00 FEET TO THE.CENTER LINE OF SAID SUPERIOR AVENUE; THENCE ALONG THE CENTER LINE OF SAID SUPERIOR AVENUE NORTH 3 °.° 431, 45" EAST 705.55 FEET TO THE POINT OF BEGINNING. ALSO EXCEPT THAT PORTION OF SAID LAND DESCRIBED IN A JUDGMENT IN CONDEMNATION DATED AUGUST 4, 1965 IN CASE NO. 123141, ENTITLED COSTA MESA UNION SCHOOL DISTRICT OF ORANGE COUNTY, CALIFORNIA, V5. SECURITY FIRST NATIONAL BANK, ET AL., IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF ORANGE, SAID JUDGMENT HAVING BEEN RECORDED AUGUST 5, 1965 IN BOOK 7620 PAGE 216, OFFICIAL RECORDS, ORANGE COUNTY, CALIFORNIA, WHICH JUDGMENT EXCLUDES THE RIGHT OF ENTRY UPON SAID LAND WITHIN THE TOP 100 FEET THEREOF FOR ANY PURPOSE WRATSOEVER. ALSO EXCEPT PARCEL D3- 121.1 AS DESCRIBED IN AND AS CONDEMNED FOR A FLOOD CONTROL CHANNEL BY FINAL DECREE OF CONDEMNATION A CERTIFIED COPY OF WHICH WAS RECORDED IN BOOK 5993 PAGE 441, OFFICIAL RECORDS. ALSO EXCEPT THEREFROM THE PORTION INCLUDED IN PARCEL 5 HEREINAFTER DESCRIBED. ALSO EXCEPT THAT PORTION INCLUDED WITHIN THE SURFACE AND SUBSURFACE ABOVE A DEPTH OF FIVE HUNDRED (-500) FEET BELOW THE PRESENT SURFACE OF THAT CERTAIN REAL PROPERTY SITUATED IN ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS, TO WIT: A STRIP OF LAND 30.00 FEET IN WIDTH, BEING A PORTION OF LOTS C AND Of BANNING TRACT, CASE NO. 6385 OF THE SUPERIOR COURT OF LOS ANGELS COUNTY, CALIFORNIA, A PORTION OF LOT 1 OF TRACT 463, AS SHOWN ON A MAP THEREOF, RECORDED IN BOOK 32 PAGES 2 AND 3 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA AND A PORTION OF LOT 1 TRACT NO. 2250, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 104 PAGES 5 AND 7 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, THE EASTERLY LINE OF SAID 30.00 FOOT STRIP 15 MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF THE LAND DESCRIBED IN THE QUITCLAIM DEED, RECDRDED MARCH 10, 1960 IN BOOK 5140 PAGES 26, 27 AND 28 OF OFFICIAL RECORDS, OF SAID ORANGE COUNTY, SAID CORNER BEING THE 04 J 10 INTERSECTION OF THE EASTERLY LINE OF WHITTIER AVENUE, 60.00 FEET IN WIDTH, WITH THE SOUTHWESTERLY LINE OF NEWPORT MESA TRACT, AS SHOWN ON A MAP THEREOF, RECORDED IN BOOK 5 PAGE 1 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY; THENCE SOUTH 00 36' 01" EAST, ALONG THE SOUTHERLY PROLONGATION TO THE SAID EASTERLY LINE OF WHITTIER AVENUE, A DISTANCE OF.3465.51.FEET MORE OR LESS, TO AN INTERSECTION WITH A LINE ON A CURVE CONCAVE TO THE SOUTHWEST, 250.00 FEET NORTH- EASTERLY OF AND PARALLEL WITH THE NORTHEASTERLY LINE OF THE 100.00 FOOT RIGHT OF WAY OF THE CALIFORNIA STATE HIGHWAY, AS DESCRIBED IN DEED RECORDED APRIL 20,'1936 IN 'BOOK 822 PAGE 48 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. THE SIDE LINE TO BE LENGTHENED OR SHORTENED TO TERMINATE. ON THE SAID SOUTHWESTERLY LINE OF NEWPORT MESA TRACT AND ON THE SAID CURVE CONCAVE TO THE SOUTHWEST. ALSO EXCEPT THEREFROM THE PORTION THEREOF LYING BELOW A VERTICAL DEPTH OF 6000 FEET_MEASURED FROM THE- SURFACE. ALSO EXCEPT THOSE PORTIONS OF SAID LAND NOT INCLUDED WITHIN THE EXTERIOR BOUNDARIES OF THE RANCHO SANTIAGO DE SANTA ANA, THE PATENT FOR WHICH WAS RECORDED JUNE 28, 1884 IN BOOK 3 PAGE 387 OF PATENTS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, PARCEL 2: ALL THAT CERTAIN LAND SITUATED PARTLY WITHIN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA,.DESCRIBED AS FOLLOWS: BEGINNING AT A COPPER TACK IN LEAD SET IN CONCRETE PAVEMENT AT STATION 639 PLUS 79.91 AS SHOWN ON SHEET 6 OF 11 SHEETS, DIVISION 7, ROUTE 60 STATE HIGHWAY MAPS, SAID MAP ON FILE IN THE OFFICE OF THE STATE HIGHWAY ENGINEER OF THE STATE OF CALIFORNIA, AND RUNNING 7HE *ICE NORTH 150 43' EAST, 95.63 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION, SAID POINT BEING IN THE NORTHERLY LINE OF SAID HIGHWAY; THENCE NORTH 150 43' EAST 396.68 FEET TO A POINT; THENCE_ SOUTH 860 35' 30" EAST, 442.01 FEET TO A POINT; THENCE NORTH. 890 43' EAST 2079.49 FEET TO A POINT; THENCE SOUTH 490 02' EAST, 528 FEET TO A POINT; THENCE SOUTH 280 0.2' EAST, 245.57 FEET TO A POINT; THENCE SOUTH 890 45' EAST, 51.30. FEET TO A POINT; THENCE SOUTH 230 56' 45" EAST 660: FEET TO A POINT; THENCE SOUTH 10 11' 45" EAST 893.88 FEET TO A POINT; THENCE SOUTH 430 02' EAST 313.18 FELT TO A POINT; THENCE SOUTH 70 Q2' EAST 507.33 FEZ-7 TO THE NORTHERLY LINE OF THE STATE HIGHWAY, AS SHOWN UPON SHEET'S OF 11 SHEETS, DIVISION 7, ROUTE 60, STATE HIGHWAY MAPS; THENCE NORTH 830 18' 30" WEST ALONG THE NORTHERLY LINE OF SAID HIGHWAY, 271.01 FEET TO AN ANGLE POINT IN SAID HIGHWAY; THENCE_ CONTINUING ALONG THE NORTHERLY LINE OF SAID HIGHWAY NORTH 760 22' 10" WEST, 119.27 FEET TO A POINT IN THE CENTER OF THE SANTA ANA RIVER, AS NOW ESTABLISHED, THENCE NORTHERLY ALONG THE CENTER OF SAID SANTA ANA RIVER, THE FOLLOWING COURSES AND DISTANCES, TO -WIT: NORTH 100 47' 30" WEST 136.39 FEET TO A POINT; THENCE NORTH 10 38' 25" EAST 1205.19 FEET TO A POINT; THENCE NORTH 130 35' 40" WEST 665.36 FEET ff TO A POINT; THENCE NORTH 270 46' WEST 208.51 FEET TO A POINT; THENCE LEAVING SAID RIVER AND RUNNING NORTH 890 45' WEST 668.99 FEET TO THE CENTER OF SAID RIVER; THENCE CONTINUING SOUTHWESTERLY ALONG THE CENTER OF SAID RIVER THE FOLLOWING COURSES AND DISTANCES, TO WIT: SOUTH 200 06' 15" WEST 408.16 FEET TO A POINT; THENCE SOUTH 440 58' WEST 252.54 FEET TO A POINT; THENCE SOUTH 730 23' 30" WEST 274.17 FEET TO A POINT; THENCE NORTH 660 42' 20" WEST 765.73 FEET TO A POINT; THENCE NORTH 780 02' WEST 517.61 FEET TO A POINT IN THE NORTHEASTERLY SIDE OF SUMMIT STREET; THENCE LEAVING THE CENTER OF SAID RIVER AND RUNNING NORTH 600 52' 34" WEST ALONG THE NORTHERLY LINE OF BLOCK C OF EL MORO TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 8 PAGE 75 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, 151.04 FEET TO AN ANGLE POINT IN SAID LINE; THENCE CONTINUING ALONG THE NORTHERLY LINE OF SAID BLOCK, NORTH 640 06' 50" WEST 170.26 FEET TO THE NORTHERLY LINE OF THE STATE HIGHWAY, AS SHOWN UPON SHEET 6 OF 11 SHEETS, DIVISION 7, ROUTE 60, STATE HIGHWAY MAPS, THENCE ALONG THE NORTHERLY LINE OF SAID STATE HIGHWAY, NORTH 540 02' WEST 470.73 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT THAT PORTION, IF ANY, INCLUDED WITHIN PARCEL 1, ABOVE DESCRIBED. ALSO EXCEPT THEREFROM THE PORTION CONVEYED BY JOSEPH B. BANNING JR., AND OTHERS, TO C. R. WOODRUFF, BY DEED RECORDED JANUARY 9, 1929 IN BOOK 221 PAGE 499, OFFICIAL RECORDS, NUMBERED FIRST AND SECOND AS FOLLOWS: 1ST: THAT PORTION OF THE RANCHO SANTIAGO DE SANTA ANA, IN THE COUNTY OF ORANGE.. STATE OF CALIFORNIA, BOUNDED SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY BY THE CENTER LINE OF THE SANTA ANA RIVER, BEING THOSE CERTAIN COURSES IN SAID'CENTER LINE SOUTH 200 06'' 15" WEST, SOUTH 440 58' WEST, SOUTH 730 23' 30" WEST, NORTH 660 42' 20" WEST, AS PER MAP FILED IN, AND ANNEXED TO THE COMPLAINT IN THE CASE OF J. B. BANNING, JR., VS. SMITH AND OTHERS BEING CASE NO. 22797, IN THE SUPERIOR COURT OF ORANGE COUNTY, STATE OF CALIFORNIA, AND BOUNDED NORTHWESTERLY AND NORTHERLY BY THE NORTHWESTERLY AND NORTHERLY LINE OF TRACT NO. 772, AS PER MAP RECORDED IN BOOK 23 PAGE 6 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID NORTHWESTERLY AND NORTHERLY LINES HAVING A BEARING OF SOUTH 880 25' EAST, NORTH 720 45' EAST, NORTH 420 06' EAST AND NORTH 290 06' EAST, ALL OF SAID LANDS LYING BETWEEN THE BANKS OF THE SANTA ANA RIVER AS DESIGNATED ON SAID MAP IN SAID CASE NO. 22797. 2ND: THAT PORTION OF THE RANCHO SANTIAGO OE SANTA ANA, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: A" .I2 • BEGINNING AT THE INTERSECTION OF THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF TRACT NO. 772, AS SHOWN ON A MAP RECORDED IN BOOK 23 PAGE 6 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, WITH THE CENTER LINE OF THE SANTA ANA RIVER, AS SAID CENTER LINE IS SHOWN ON THE MAP FILED IN AND ANNEXED TO THE COMPLAINT IN THE CASE OF J. B. BANNING JR... VS. SMITH AND OTHERS, BEING CASE NO. 22797, IN THE SUPERIOR COURT OF ORANGE COUNTY, CALIFORNIA, THENCE ALONG THE CENTER LINE OF SAID SANTA ANA RIVER, AS FOLLOWS NORTH 200 06' 15" EAST 184.18 FEET NORTH 510 48' EAST 117.09 FEET.. NORTH 740 07' EAST 254.30 FEET, SOUTH 450 20' 28" EAST. 298.02 FEET, SOUTH 270 46' EAST 122.53 FEET TO THE EASTERLY PROLONGATION OF SAID NORTHERLY LINE OF SAID TRACT NO. 772; THENCE ALONG SAID EASTERLY PROLONGATION AND SAID NORTHERLY LINE OF TRACT NO. 772 AND WESTERLY PROLONGATION THEREOF NORTH 890 45' WEST 668.99 FEET TO THE POINT OF BEGINNING. ALSO EXCEPT THE FOLLOWING: BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF THE RANCHO LAS BOLSAS AND DESCRIBED IN BOOK 2 PAGE 314 OF PATENTS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, WITH THE CENTER LINE OF THE PRESENT CALIFORNIA STATE HIGHWAY, SAID POINT OF BEGINNING BEING DISTANT NORTH 150 43' EAST 42.64 FEET FROM A COPPER TACK IN LEAD SET IN THE CONCRETE PAVEMENT AT STATION 639 PLUS 79.91 AS SHOWN ON SHEET 6 OF 11 SHEETS, DIVISION 7, ROUTE 60 OF STATE HIGHWAY MAPS ON FILE IN THE OFFICE OF THE STATE HIGHWAY ENGINEER -OF THE STATE OF CALIFORNIA; THENCE ALONG SAID EASTERLY LINE OF THE RANCHO LAS BOLSAS, NORTH 150 43' EAST 330.97 FEET; THENCE SOUTH 740 17' EAST 288.02 FEET TO THE SOUTHERLY PROLONGATION OF THE CENTER LINE OF THAT CERTAIN 300 FOOT STRIP OF LAND DESCRIBED IN THE DEED TO THE NEWBERT PROTECTION DISTRICT, RECORDED IN BOOK 197 PAGE 300 OF DEEDS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE ALONG SAID SOUTHERLY PROLONGATION SOUTH 130 24' WEST 453.36 FEET TO SAID CENTER LINE OF THE CALIFORNIA STATE HIGHWAY; THENCE ALONG SAID CENTER LINE NORTH 540 02' WEST 326.21 FEET TO THE POINT OF BEGINNING AS CONVEYED TO JAMES H. MACKLIN, BY DEED RECORDED JANUARY 29, 1930 IN BOOK 356 PAGE 31, OFFICIAL RECORDS. ALSO EXCEPT PARCEL D3 -122.1 AS DESCRIBED IN AND AS CONDEMNED FOR A FLOOD CONTROL CHANNEL BY FINAL DECREE OF CONDEMNATION, A CERTIFIED COPY OF WHICH WAS RECORDED IN BOOK 5993 PAGE 441, OFFICIAL RECORDS. ALSO EXCEPT THAT PORTION OF SAID LAND NOT INCLUDED EITHER WITHIN THE EXTERIOR BOUNDARIES OF THE RANCHO SANTIAGO DE SANTA ANA, THE PATENT FOR WHICH WAS RECORDED JUNE 28, 1884 IN BOOK 3 PAGE 387 OF PATENTS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, OR WITHIN THE EXTERIOR BOUNDARIES OF LOT 1 OF SECTION 19, TOWNSHIP 6 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, LOT 1 OF SECTION 20, TOWNSHIP 6 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, LOTS 1 AND 2 OF ._r SECTION.29, TOWNSHIP 6 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, THE PATENT FOR WHICH LOTS WAS RECORDED APRIL 19, 1893 IN BOOK 1 PAGE 66 OF PATENTS, RECORDS OF ORANGE COUNTY, CALIFORNIA. ALSO EXCEPT THEREFROM THE PORTION THEREOF LYING BELOW A VERTICAL" DEPTH OF 6000 FEET MEASURED FROM THE SURFACE. PARCEL 3: ALL THAT CERTAIN LAND SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF INTERSECTION OF THE SOUTHERLY LINE OF 1HE 80 FOOT RIGHT OF WAY OF THE CALIFORNIA STATE HIGHWAY AND THE NORTH- WESTERLY BOUNDARY OF IRVINE'S SUBDIVISION AS SHOWN ON A MAP RECORDED IN BOOK 1 PAGE 88 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE ALONG SAID NORTHWESTERLY BOUNDARY LINE OF IRVINE'S SUBDIVISION AND ITS SOUTHWESTERLY PROLONGATION SOUTH 390 43' 45" WEST 252.26 FEET TO A POINT IN THE LINE OF ORDINARY HIGH TIDE OF THE PACIFIC OCEAN IN NEWPORT BAY AND DESIGNATED "NORTH LINE ", AS ESTABLISHED BY THE DECREE IN THE ACTION ENTITLED CITY OF NEWPORT BEACH, PLAINTIFF, VS. F. M. STROBRIDGE AND OTHERS, DEFENDANTS, CASE NO. 23686, SUPERIOR COURT OF ORANGE COUNTY, CALIFORNIA...A CERTIFIED COPY OF WHICH DECREE WAS RECORDED SEPTEMBER 19, 1928 IN BOOK 201 PAGE 253 OFFICIAL RECORDS; THENCE ALONG SAID TIDE LINE NORTH 740 17' 11" WEST 5 92.01 FEET; THENCE NORTH 580 28' 28" WEST 1085.28 FEET; THENCE NORTH 660 44' 18" WEST 584.64 FEET; THENCE NORTH 600 19' 50" WEST 577.07 FE -ET TO A POINT IN THE SOUTHERLY LINE OF THE 80 FOOT RIGHT OF WAY OF THE CALIFORNIA STATE HIGHWAY FROM WHICH POINT THE QUARTER CORNER BETWEEN SECTIONS 20 AND 29, TOWNSHIP 6 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, BEARS NORTH 50 55' 18" WEST 113.01 FEET; THENCE ALONG THE SOUTHERLY LINE OF SAID CALIFORNIA STATE HIGHWAY THE FOLLOWING COURSES AND DISTANCES: SOUTH 830 18' EAST 605.33 FEET; THENCE ON A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 960 FEET AND TANGENT TO THE LAST MENTIONED COURSE, A DISTANCE OF 290.98 FEET; THENCE SOUTH 650 56' EAST 667.17 FEET; THENCE ON A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 960 FEET AND TANGENT TO THE LAST MENTIONED COURSE, A DISTANCE OF 197.56 FEET; THENCE SOUTH 540 08' 30" EAST 387.06 FEET; THENCE ON A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 1040 FEET AND TANGENT TO THE LAST MENTIONED COURSE, A DISTANCE OF 289.51 FEET; THENCE SOUTH 700 05' 30" EAST 494.84 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION CONVEYED TO THE TOWNSEND LAND COMPANY, BY DEED RECORDED NOVEMBER 6, 1930 IN BOOK 429 PAGE 414, OFFICIAL RECORDS. �� r _ .. . ALSO EXCEPT THEREFROM THE PORTION INCLUDED IN PARCEL 5 HEREINAFTER DESCRIBED. ALSO EXCEPT THAT PORTION OR PORTIONS OF SAID LAND NOT INCLUDED WITHIN THE EXTERIOR BOUNDARIES OF THE RANCHO SANTIAGO DE SANTA ANA, THE PATENT FOR WHICH WAS RECORDED JUNE 28, 1884 IN BOOK 3 PAGE 387 OF PATENTS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM THE PORTION THEREOF LYING BELOW A VERTICAL DEPTH OF 6000 FEET MEASURED FROM THE SURFACE. PARCEL 4: ALL THAT CERTAIN LAND SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: ALL OIL, GAS AND SIMILAR HYDROCARBON SUBSTANCES IN OR UNDER THE FOLLOWING DESCRIBED PARCEL OF LAND: THAT PORTION OF LOT 1'B" OF THE BANNING TRACT, AS SHOWN ON A MAP OF SAID TRACT, FILED IN THE CASE OF HANCOCK BANNING AND OTHERS, VS. MARY H. BANNING CASE NO. 6385, PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE-EASTERLY LINE OF THE 300 FOOT STRIP OF LAND FOR SANTA ANA RIVER CHANNEL, AS DESCRIBED IN THE DEED TO THE NE14BERT PROTECTION DISTRICT, RECORDED JUNE 22, 1911 IN BOOK 197 PAGE 300 OF DEEDS, WHICH POINT IS NORTH 710 201 EAST 510.47 FEET FROM THE SOUTHWEST CORNER OF SAID LOT "B ", WHICH LAST MENTIONED CORNER IS ALSO STATION 149 OF THE RANCHO SANTIAGO DE SANTA ANA; THENCE NORTH 13° 25' EAST ALONG THE EASTERLY LINE OF SAID 300 FOOT STRIP OF LAND, 660 FEET; THENCE SOUTH 760 351 EAST 660 FEET, THENCE SOUTH 130 25' WEST 660 FEET; THENCE NORTH 761 351 WEST 660.00 FEET TO THE POINT OF BEGINNING, TOGETHER WITH THE RIGHT TO DRILL FOR,, EXTRACT AND PRODUCE THE SAME, BUT WITHOUT THE RIGHT TO ERECT OR CONSTRUCT ANY DERRICK OR OTHER STRUCTURES WHATSOEVER ON SAID LAND, UNDER THE CONDITIONS OF THE FINAL JUDGMENT OF CONDEMNATION RENDERED AUGUST 20, 1937 IN THE ACTION ENTITLED CITY OF NEWPORT BEACH, PLAINTIFF, VS. TOWNSEND LAND COMPANY, AND OTHERS, DEFENDANTS, CASE NO. 34747, SUPERIOR COURT, ORANGE COUNTY, CALIFORNIA. EXCEPT PARCEL D3 -120.1 AS DESCRIBED IN AND AS CONDEMNED FOR A FLOOD CONTROL CHANNEL BY FINAL DECREE OF CONDEMNATION, A CERTIFIED COPY OF WHICH WAS RECORDED IN BOOK 5993 PAGE 441, OFFICIAL RECORDS. ALSO EXCEPT THEREFROM THE PORTION THEREOF LYING BELOW A VERTICAL DEPTH OF 6000 FEET MEASURED FROM THE SURFACE. 'q - /'?) "..` ••- ••�.�'. b iiYws >C4ii�64F�8'PRR9a81�Cr$: w j ,. �a6 �B PARCEL 5: ALL THAT CERTAIN LAND SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF STATE HIGHWAY U.S. 101 (100 FEET WIDE) WHICH IS SOUTH 190 54' 30" WEST 50 FEET FROM STATION E. C. 707 PLUS 87.80 OF SAID STATE HIGHWAY THENCE SOUTH 700 05' 30r' EAST ALONG SAID SOUTHERLY LINE 180 FEET; THENCE SOUTHWESTERLY IN A DIRECT LINE TO A POINT IN THE EASTERLY LINE OF COAST BOULEVARD (80 FEET WIDE) SAID POINT BEING SOUTH 190 41' 50" EAST, MEASURED ALONG SAID EASTERLY LINE, 180 FEET FROM THE MOST SOUTHERLY END OF A TANGENT CURVE OF 40 FOOT RADIUS AND CONCAVE TO THE SOUTHEAST AND DESCRIBED IN THE AGREEMENT RECORDED AUGUST 9, 1927 IN BOOK 70 PAGE 408, OFFICIAL RECORDS; THENCE NORTH 1q0 41' 50" WEST ALONG SAID EASTERLY LINE 180 FEET TO THE POINT OF BEGINNING OF THE TANGENT CURVE OF 40 FOOT RADIUS AND CONCAVE TO THE SOUTHEAST; THENCE EASTERLY ALONG SAID CURVE 61.50 FEET TO THE SOUTHERLY LINE OF STATE HIGHWAY U. S. NO. 101 (100 FEET WIPE) BEING A CURVE; THENCE EASTERLY ALONG SAID CURVE CONCAVE TO THE NORTH, WHOSE RADIUS IS 1050 FEET AND WHOSE INITIAL RADIUS BEARS NORTH 200 26' 37" EAST, A DISTANCE OF 10.12 FEET TO THE POINT OF BEGINNING. EXCEPT THE PORTION OR PORTIONS OF SAID LAND NOT INCLUDED WITHIN THE EXTERIOR BOUNDARIES OF THE RANCHO SANTIAGO DE SANTA ANA, THE PATENT FOR WHICH WAS RECORDED JUNE 28, 1884 IN BOOK 3 PAGE 387 OF PATENTS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA. ALSO EXCEPT THEREFROM THE PORTION THEREOF LYING BELOW A VERTICAL DEPTH OF 6000 FEET MEASURED FROM THE SURFACE. 4 '�' /� January 26, 1981 CITY COUNCIL AGENDA ITEM N0. G- 5[ er;= r- eOUNCILAkH %V C wi�hiu 60 ERRM�:c,, �ti 1 i ti es Di rector Q. b oil f(,cAUCt1616V1u&f e f By fhaS1,64�QbJWTION AND MAINTENANCE OF CITY TIDELAND OIL WELLS IN WEST NEWPORT CITY OF ":SWPORT BEACH RECOMMENDATION: Direct staff to prepare a proposal for the operation of the subject oil wells by a private contractor and report back to the City within 60 days after the City has full title to the oil production facilities. DISCUSSION: On January 25, 1981 the City's agreement for operation of the Tideland Oil Wells in West Newport with the Armstrong Petroleum Corporation (APC) expired. Unless the City can reach an interim agreement with the APC the wells will be shut down until the City can complete Phase I of a new tank farm and resume pro- duction. Assuming no unforseen legal problems, it is estimated that the work on the tank farm will take 60 days to complete. After completion of the work on the tank farm (Phase I) the wells will be put back into production as soon as possible. Once the City has obtained full title to the oil wells and has completed the work on the tank farm, the City will have to develop a method for operating the oil producing facilities. It is recommended that a proposal be prepared for council review that would provide for the operation of the facilities by a private oil contractor. The proposal would be drafted to clearly define (1) the operating responsibilities of the private contractor and (2) the methods of payment including 3rd party royalties. It is further recommended that the proposal be drafted as soon as possible and that it be available for Council review within 60 days after the City has acquired full title to the oil production facilities. lJosepK T �tilitie JTD:bc 1 vlin rector -) ! G By tha i1I i Y C0U1 'A.:k. CITY oj: +,mwpou BFACh TO: CITY COUNCIL FROM: Utilities Director SUBJECT: OXBOW ANNEXATION NO. 88 (WEST NEWPORT OIL WELLS) RECOMMENDATIONS: 1. Hold Public Hearing 2. Close Public Hearing 0 January 26, 1981 CITY COUNCIL AGENDA ITEM NO. D -1 3. If a majority protest has not been filed adopt required resolution. 4. If a majority protest is possible take matter under advisement and deliberation to the Council meeting of February 9, 1981. DISCUSSION: On November 10, 1980 the City Council adopted Resolution 9921 applying to the Local Agency Formation Commission (LAFCO) for authorization to annex to the City certain uninhabited territory contiguous to the City of Newport Beach and known as Oxbow Annexation No. 88. The areas proposed for annexation are shown as Parcels A and B on the attached Exhibit "A On December 10, 1980 the Local Agency Formation Commission (LAFCO) after holding a public hearing adopted Resolution No. 80 -97 designating the City of Newport Beach as the conducting authority and directed the City to initiate the annexation proceedings. On December 22, 1980 the City Council adopted a resolution initiating the proceedings for annexation and set a public hearing for January 26, 1981.: The City, as lead agency, has determined that the proposed annexation to be categorically exempt from the requirements of the California Environmental Quality Act of 1970. The purpose of the annexation is to allow the City to provide City services to the area and to eliminate the need to pay both property and mineral taxes to the County. Procedure to be followed: 1. At the hearing, the City shall hear and receive any oral and written protests, objections or evidence which shall be made, presented, or filed (G.C. 1135226). January 26, 1981 Oxbow Annexation No. 88 Page 2 2. At the conclusion of the hearing, the City shall determine the value of written protests filed but not withdrawn by owners of land within the proposed annexation (G.C. #35227). 3. The City shall cause the names of those landowners filing written protests to.be compared with the names of the persons shown as owners of land on the last equalized assessment roll to determine (G.C. N35122): (a) The total number of landowners within the territory and the total assessed valuation of all land within the territory; (b) The total number of landowners represented by qualified signers and the total assessed valuation of land owned by qualified signers. 4. Within 30 days after the conclusion of the hearing, the City shall find and declare by resolution whether a majority protest has been made (G.C. #35229). (a) The City shall terminate proceedings if written protests have been filed and not withdrawn by the owners of land who own not less than 50% of the total assessed value of land and improvements within their territory. (b) The City shall order that the territory be assessed if written protests represent less than 50% of the total value of land and improvements within the territory. �.� sL U U seph T. Devlin U iliti Director T Attachment VI lHZ ro Oil PILE I N 0 0 Ii wt . 4 v. I I VI Ole I I VI I _ ft M M ' .9 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH INITIATING ANNEXATION PROCEEDINGS AND SETTING A HEARING THEREON (:Y -BOW ANNEXATION NO. 88 - CITY OF NEWPORT BEACH) WHEREEAS, the Local Agency Formation Commission of Orange County, California, on December 10, 1980, adopted its Resolution No. 80 -97 which designated the City of Newport Beach as the con- ducting authority and declared that the City Council of the City of Newport Beach was directed to initiate annexation proceedings in compliance with its resolution; and WHEREAS, pursuant to Government Code 9 35000 et seq., the City Council of the City of Newport Beach desires to initiate proceedings to annex certain property to the City of Newport Beach, more particularly described hereinafter and referred to as Oxbow Annexation No. 88; and WHEREAS, the City of Newport Beach, as lead agency, has determined the proposed annexation to be categorically exempt from the requirements of the California Environmental Quality Act of 1970, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach as follows:- 1. The City of Newport Beach hereby commences pre- liminary proceedings to annex said territory to the City of Newport Beach, and the City of Newport Beach shall be liable for and pay all proper expenses incurred in conducting proceedings in compliance with the law of the State of California and the resolution adopted by the Local Agency Formation Commission of Orange County, California, its Resolution No. 80 -97. 2. The Local Agency Formation Commission.of Orange County designated said annexation as "Oxbow Annexation No. 88" to the City of Newport Beach, the legal description of which is attached 'hereto marked Exhibit "A" and incorporated herein by this reference. 3. The territory to be annexed is found to be uninhabited. follows: 4. The reasons for the proposed annexation are as A. To annex into City territory City -owned or - operated oil production facilities; B. To extend City police powers and functions to City- owned or - operated oil production facilities; C. To eliminate or reduce real and personal property taxes which could be imposed on said property, should the property be located outside the corporate limits of the City of Newport Beach; and D. To reduce or eliminate the County of Orange oil severance tax and other taxes imposed by the County of Orange upon the operation of oil production facilities by a city where the wellhead is located outside the corporate limits of the city operating said facilities. a 5. The Local Agency Formation Commission of Orange County, California, imposed no conditions on the proposed annexation. 6. A hearing on the proposed annexation shall take place on Monday, January 26, 1981, at 7:30 p.m. in the City Council Cambers of the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California. 7. Any owner of land within the territory proposed to be annexed, or any registered voter residing therein, may file a written protest against the annexation with the City Clerk of the City of Newport Beach at any time prior to the conclusion of the hearing being conducted by the City Council of the City of Newport Beach on the proposed annexation. BE ST FURTHER RESOLVED that the City Clerk is hereby authorized and directed to mail a copy of this resolution initia- ting proceedings to the Executive Officer of the Local Agency Formation Commission of Orange County, California. The City Clerk further shall cause notice of the hearing to be given as provided in § 35055 of the California Government Code, including notice to the County of Orange, the Executive Officer of the Local Agency Formation Commission of Orange County, California, to owners of territory within the proposed annexation, and to any person who has filed his name and address with the City Clerk and has requested such mailed notice. 3 N M ADOPTED this day of , 1980, ATTEST: City Clerk Mayor HRC /kv 122280 u I N 1gAn By the Ci'fY COUNCIL CITY OF NSWNXT SO" COUNCIL FROM: Utilities Director SUBJECT: CRUDE OIL PURCHASE CONTRACT RECOMMENDATION: Adopt a Resolution notifying City intends to terminate the direct the staff to negotiate DISCUSSION: December 22, 1980 CITY COUNCIL AGENDA ITEM NO. H -2 (j) Kern County Refinery, Inc. that the existing oil purchase contract and a new oil purchase contract. On March 22, 1976 by Resolution No. 8732 the City Council authorized the execution of an agreement between the City and Kern County Refinery, Inc. for the purchase of crude oil from the West Newport wells. The agreement provides that the payments shall be 7 /8ths to the Armstrong Petroleum Corpora- tion and 1 /8th to the City of Newport Beach. The agreement also provides that it's term shall continue until terminated by at least a 30 day prior written notice from one party to the other. Passage of the resolution would allow the City to meet the notice requirement in the existing agreement and would direct the staff to negotiate a new agreement. It is proposed that a new agreement would provide that all of the money be paid to the City after the operating agreement with the Arm - strong Petroleum Corporation expires on January 25, 1981. JTD:bc evlin irector RESOLUTION NO. 9 95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH GIVING NOTICE OF TERMINATION TO KERN COUNTY REFINERY, INC., OF EXISTING OIL PURCHASE AGREEMENT AND AUTHORIZING STAFF TO NEGOTIATE A NEW OIL PURCHASE AGREEMENT .NIEREAS, the City Council of the City of Newport Beach on March 22, 1976, authorized the execution of an agreement between the City of Newport Beach and Kern County Refinery, Inc., for the purchase of crude oil; and WHEREAS, said agreement provides for a division of the payment for crude oil delivered, 7/8 to Armstrong Petroleum Corporation and 1/8 to the City of Newport Beach; and WHEREAS, the City of Newport .3each intends to operate the oil fields of the City of Newport Beach as of January 26, 1981, and said division of purchase price would be rendered inappropriate; and WHEREAS, it is desirable to terminate said agreement with Kern County Refinery, Inc., and to authorize the staff of the City of Newport Beach to negotiate a new crude oil purchase contract, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said agreement between the City of Newport Beach the Kern County Refinery, Inc., be terminated, effective 11:59 p.m. January 25, 1981. The City Clerk is hereby authorized and directed to prepare and serve on Kern County Refinery, Inc., a notice of termination as provided in said agreement. BE IT FURTHER RESOLVED that the City Council of the City of Newport Beach hereby authorizes and directs the staff of the City of Newport Beach to enter into negotiations for a new crude oil purchase contract, to be effective January 26, 1981. ATTEST: City Cler ADOPTED this day of , 1980. Mayor K HRC /kv 122280 DLIC z 1980 By the CITY COUNCIL TO: CITY COUNCIICITY OF NEWPORT IiACH FROM: Utilities Director fcember 22, 1980 CITY COUNCIL AGENDA ITEM NO. D -1 SUBJECT: WEST NEWPORT OIL WELLS CONDEMNATION OF OIL PRODUCTION PROPERTY (PHASE II) RECOMMENDATIONS: 1. Hold public hearing. 2. Accept the Environmental Documents. 3. Adopt a Resolution of Necessity to condem for public use property for oil production purposes. (Phase II) DISCUSSION: On January 25, 1981 the present operating agreement between the City and the Armstrong Petroleum, Corporation (APC) to operate the oil wells in West Newport will expire. At expiration the agreement provides: 1. That upon the City's written request, the Contractor (APC) will assign to the City operating rights and easements used in connection with the performance of the contractor's operation. 2. That upon the City's written request, the contractor (APC) will sell to the City at fair market value the surface facilities used in connection with the performance of the Contractor's operation. 3. All strings of casing and fixtures below the surface shall remain the property of the City. In accordance with the terms of the agreement, the City has notified APC that it intends to terminate the agreement and has (1) requested in writing that the re- quired operating rights and easements be transferred to the City and (2) offered to buy at fair market value the required surface facilities used in connection with the Contractor's operation. At termination of the operating would be an orderly and smooth transition Armstrong Petroleum Corporation has taken tion of complying with the terms of the a threaten the plugging of the wells if the them. agreement the City had hopes that there of the property interests, however the the position that they have no inten- Ireement and have even gone as far as to City does not renew the agreement with In an effort to assure continued production after January 25, 1981 and to prevent any attempts to plug the wells an eminent domain action has been recommended. December 22, 1980 • • West Newport Otl Wells.. Page two The public use for which the property is to be taken is that of non- exclusive easements and personal property for oil production purposes. The location of parcels involved are "A ", "B", "C", "D", "E" and "H" and are shown on the attached Exhibit "A ". Parcel "AB -1" is personal property. The adoption of the resolution will be followed by the filing of an eminent domain (condemnation) action in Orange County Superior Court. An order of prejudgment possession giving the City the right to take possession of the property to be condemned will be sought. The orders for possession could become effective on January 25, 1981. The action before the Council is a finding of necessity for the lands and personal property located within and without the City limits. To make this finding the Council must declare that it has found and determined each of the following: (1) that the public interest and necessity require the proposed project; (2) that the proposed project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; and (3) that the property described in the resolution is necessary for the proposed project. A notice has been sent as required by law, to the name and address which appears on the last equalized County Assessment Roll for each owner of property or property interests which are affected by the proposed taking. (See Exhibit "B ".) The purpose of the notice is to give the property owner a reasonable opportunity to appear at the City Council meeting and be heard on the following matters: (1) whether public interest and necessity require the project; (2) whether the project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; and (3) whether the property sought to be acquired is necessary for the project. Pursuant to the provisions of Council Policy K -3, the Environmental Affairs Committee has evaluated the proposed project and determined that the proposed project will not have a significant effect on the environment. (See Exhibit "C ".) The personal property has been appraised and sufficient funds have been appropriated to acquire them. oseph Devlin tilities Director :bc Attachmentg e B: �Kog ° z 0 0 QUY N WO -�Y (1 Ww a �a � <V Y /h Y a F� U° S tl (u x �O Vi F° W l ., NO 1 Z V Q w t0 F- C O CL a °i rc� W ° zu u° oi�3m Wi h! V 2° 4;W o °n `x'203 4{—mi • ";Ia _CLARATIO! • TO: Secretary for Resources i FROM: Planning Department t 1100 Tenth Street: C.ity.of Newport _;each Sacramento, CA DS84': ; 3300 Newport Boulevard Newport Leach, CA 92663 XX Clerk of the Board o Supervisors P. 0. Box 687 { i 11nil�fi1C1 _ — NAME OF PROJECT: CONOIMNATION 0' W "!W"! `!Y RIGI!is 01 i 11rOduC1 iw! i 1 I ��• � �!t�cfrtcd as i(i.dica.L 1,;t °�1rce S PROJECT LOCATION; 1 p nnal !{ oil !Jw lii +map. PROJECT DESCRIPTION: The proposes proierC con is!:.; .' +.h: , +lopti;on Of 1 ResOIut,Qn of Necessity. !an, subsequent: actions) r'elacc ! eh' Coude+Nnation -for pu131 tc use of e.xis0.nil subsurface easements for' ui'I pr +ir!! ,rjrn. No chdnges in environmental concli,ti;on other than the ownership o+ soid e .lc,ilonts is conteA)p1dted., FINDING; Pursuant to the provisions of Cty Council Policy K -3 pertaining to procedures and guidry:Iines to iwellini)ent the .California.Cnvironmentill Quality Act, the Environmerital Affairs; Cowmittee has evaluated the proposed project and determined that 1:he proposed project will not have it significant effect on the environment. MITIGATION MEASURES: None INITIAL STUDY PREPARED BY: Ci: +:y pf I;ewjrn -t i)each INITIAL STUDY AVAILABLE FOR REVt!:';l Al :300 Ilewport Boulevard, Netiv:port Beach, CA DATE RECEIVED FOR FILING: 0 +.,4�iEWPO,Qr . CITY OF NEWPORT BEACH December 5, 1930 OWNER: ADDRESS: PARCEL N0: Subject: Notice of Intention of the City Council of the City of Newport Beach to Adopt a Resolution of Necessity Dear Inasmuch as you own one of the properties described herein and /or your name and address appear in the last equalized assessment roll as one of the properties de- scribed herein, the City Council of the City of Newport Beach, pursuant to Code of Civil Procedure Section 1245.235, hereby gives you notice that it intends to adopt a Resolu- tion of Necessity (condemnation resolution) at a meeting of- the City Council of the City of Newport Beach to be held at 7:30 p.m. on December 22, 1980. The public use for which the property is to be taken pursuant to the resolution is surface easements for pump- ing site, oil and tank farm and oil transportation purposes, subsurface easements for oil production pass- through pur- poses, and above ground pumping units, equipment and facili- ties, and subsurface equipment and casings used in connec- tion with the operation of City Wells only. The purpose of this eminent domain action is to acquire the right to drill, operate and produce, and continue the operation of previous- ly drilled and producing oil wells, in order to obtain oil from beneath the tideland areas deeded in trust to the City by the State of California. The revenues to be derived from this oil production will be used to improve harbor and beach areas within the City of Newport Beach. City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 r� r1 u y rcWPO O ` CITY OF NEWPORT BEACH The adoption of the resolution will be followed by the filing of an eminent domain (condemnation) action in Orange County Superior Court, which action will affect the rights in real and personal property owned by you. Pursuant to the eminent domain action, an order of prejudgment posses- sion giving the City the right to take possession of the subsurface easements rights to be condemned will be sought. It is anticipated that these orders for possession will be- come effective on or after January 26, 1981. The Resolution of Necessity which the City Council of the City of Newport Beach intends to adopt will contain a description of the general location and extent of the prop- erty to be taken. It will also contain a declaration that the City Council has found and determined each of the fol- lowing; (1) that the public interest and necessity re- quire the proposed project; (2) that the proposed project is planned or loca- ted in a manner that will be most compatible with the greatest public good and the least private injury; and (3) that the property described in the resolution is necessary for the proposed project. This notice is being sent to you by first -class mail, as required by law, and is addressed to the name and address which appears on the last equalized County Assessment Roll for each owner of property or property interests which are affected by the proposed taking. The purpose of this notice is to give you a reasonable opportunity to appear at the City Council meeting and be heard on the following matters. (1) whether public interest and necessity require the project; (2) whether the project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; and (3) whether the property sought to be acquired is necessary for the project. City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 0 PO °Fr@ CITY OF NEWPORT BEACH Fo You are hereby notified that you have a right to appear at the Newport Beach City Council meeting to be held on December 22, 1980, at 7.30 p.m., at the City Council Cham- bers located at 3300 Newport Boulevard, Newport Beach, California, and to be heard on these matters. In order to exercise your right to appear and be heard, you must file a written request to appear and be heard with- in fifteen (15) days after this notice is mailed. (You should check the postmark o£ this letter for the date upon which it was mailed.) Such request should be filed at the office of the City Clerk of the City of Newport Beach, loca- ted at 3300 Newport Boulevard, Newport Beach, California, 92663. Failure to file a written request to appear and be heard within fifteen (15) days after this notice has been mailed may result in a waiver of your right to appear and be heard. The City Council need not give an opportunity to appear and be heard to any person who fails to so file a written request. The City Council is proceeding to adopt a condemnation resolution, file an eminent domain action, and obtain orders of immediate possession at this time in order to insure that the property required for this project is available for the use by the City to continue the current production of oil upon the termination of an existing operating contract.- We regret any inconvenience which this proceeding may cause you. If you have any questions regarding either the public hearing scheduled for 7:30 p.m. on December 22, 1980, or the purpose and scope of this condemnation proceeding, please contact the undersigned at (714) 640 - 2220. Sincerely, CITY OF NEWPORT BEACH By Joseph T. Devlin Newport Beach Utilities Director City Mall • 3300 Newport Boulevard, Newport Beach, California 92663 I1.11 rate Illed 11r v/ Information Form cum!).l.,-terd by applicant) GENIMAL TNFORMAT'10N 1. Name and utdri ':1!1 0 tit.vf-loper or project Sponsor: L 2 A 'I. 1+ C I,: Asseoaor'b Block IL11,J I/A 3. Name, a(kdre.in' osv.k te'?.(�pl)one numqerof �'on C�e ,��.,rson to, be ta d concerning this pvoP:(!t: I -:�L EP A -ah n (D - 11. Indicate number of the J)�!Vmlt application for the project to which thin fovfrt 3 E—f i -CT related permitz and other public approvals reqU.1-VI•0 !'(W thl•' 111'Oject, including those required by city, regional, nt:ar(- tine! !',!doral agencies: 6. Fxt2ttng 201)11),u Proposed *kl:jc W' 'AA.t'; 111ru•ject for which thIF: form 12 PROJECT Dt-.:S-CR-JPT1-0-N H. Otte size. 9. Scloare. fooUip.c• L7 L_tHS(f',' tlr, ..saber of .)J!)t. of C'ff rf :Af-'- !)'11k!ng provIded. Propr)ard ti . Asnnclatf:d ',:7. I Ant:lctpal.od Iii. 0,--v0or)jnur it C�- fL2 16. If rusldenLln!, lnc?.ur:' t.lru number of' un.lLb, schedule of unit 11Izes, range ht' ,5;i1;; ( w.1 1c i) or rents, and type of hou:3chold mIze: expected, 17. If commerclal, !,!w, type, whether' neighborh..00d, city or reglotially tiolmbra 1;ootage of nales area, and loading faci.lit.tes. 10, If Industrial, .'.rut].riitCte Sype, estltnated employment per shift, and loading 19. If Inmt.ttutlonal., ±.ni +.c,rCc the major functlon, estimated employment per uhIf'!:, cr.6:.in:,i.cd occupancy, loadlny, facllltlee, and couununtty bene.r'lt:r, L.;. ha: r,! �vl•ved from the protect. 20. If the project lnvo vl:ri it variance, condltlonal use or rezoning application, state th1:n sinit 1•ndicate clearly why the application is required. Are the fo.11.ow_Lny, town app.l.lcable to the project or Its effects? Discuss below all ;tr.,.:ran ch.. ;CSaO yea (attach addlttonal sheets as necemmary). YES NO 21.. Chanf�v an ex.i.sLing features of any bays, tidelands, beaches, litkc or h1 )_la, or substantial alteration of g,round conLout X2l. Chanp;c• to ncunlc views or vistas from existing renldentl,O [u•c +ue or public lands or roads. _ 23, rh,nyta to 1�wttern; scale or character of general area of pro lect. X 24 , c.lgnlflr:tlnt .rmounts of solid waste or litter. 25. Chanj;e In i!unt, ash, smoke, ruiner or odors in vlclnl. t.y. .. .'\ 26. Chimii,! I,rl np Gllt ?, bey, laku, atrCilfll or vround 4later - qua.lIty ur- t,y, or alterat_ton of oxlnt..lnr dr.atnage y�aLC.urna. 1 :.iiilrti i.;�nCt_t•.! r.lnnc {c In ex1:11-11,y, nuUo or, v1:bra Ll.ori _ .__... levol:i In {.lia �Jr.'i,iCy ;ltr I•l !oc! Land or on slolw of 10 pnr•ccr!t, or noro..,. L Une of c!:L:apo:�:O nf' potcntlal ly hazardous mntcrlal�, such as coxla n. !,al,.nr:�3, flanvna.lile or exploslvcs. M C EM .iU. "iu.Lt:AMII 1h0 causnu. In dewand t.nr nwr:+.capai stu•vl ^es (polka , fir, rutl.e•r, aewage, (Ar..) Suhsr,r:ncta1.1„ It I, foi;_t.l I'ucJ, consumption (L L 1! c 1. r 1, c.t t y X01 U11-al ViL:;, CLC,) I,> it larger project or serle.; of . project':. E NV T R ON MI; N'r A 1. 51;9; T 1 t•JG 33. Descr.ihr. Chi: plr:,.icr „t. :;1Lu ns :It exlsta before the prc,ject, Including information cut top ,,rr.!ihy, soil stability, plants and animal:+, and any cult.unil, ?iir.t'.cu l.ettl or scenic aspects. Describe any existing structur'rs on thn :1.':.te, and the use of the structures, ?Attach photographs oC t:ht s.lre.II Snapshots or polavold photos will be accepted, 311. Describe the nurro,.inc+.lnJ, properties, including information on plants and animal.:. 1119t 11.11y cultural, historical or scenic aspects. Indicate the t.ypi: ca.( Laid use (residential, commercial, :. ets.), intensity of' land une Q=- family, apartment houses, shops, do parLment stores, Ctr:.), and scale of dr:vcicpment (height, frontage, set - back, roar- yard, ct.c.). Attach photot!,raphs of the ;Mclnity. Snapshot:: or pW;trott! photos wilt be accepted. KI CERTIFICATION: ':1:Iev,O)y cr:rtl.fy that the statements furnished above and —1n the AIAii:hi:d c- xhlu!ts present the data and Infor- _matlon required fnr Ut:.,, .tniL.+.r, 1. evaluation to the best of ny _ ab111t5 , and that U't: ftu:ta, t:t:tements, and 7.nforrnaCion presented are tr.ir: and covrer.L Lo t!v Wit; of my knowledL;e and belief'. .. ."r G f ;r n • \ .�- {_/� -�� --yam' n The proposed project is for the condemnation of certain oil producing property rights in WesL Newport:. AV the present there are 16 oil wells that are slant drilled under private nrcPoKy in Yost Newport. The oil wells extract oil from City Tidelands in the Pacific Ocynn . On January 25, 19111 the agreement between the City of Newport fetch and thv Armstrong Petroleum Corporation will.expire. The purpose of the condemnation ;union is to allow the City to continue operation of the existing wells Mer January 25, 19BI. In conjunction with the taking, of the oil production easements the City will construct an oil'tank form. The construction of the tank farm is covered by An approved Negative Declaration dated August 1, 1980. A copy of the Negative Declaration dated August 1, 1980 and a copy of a map shoring MI T A1*I-)-MDIX I I ' I V I WI t; N I. N I A I CHE.CK I. I ST F CRM I ) i V t Check I i b t Form ( ", - !!,• sd By Iea) Agitric y) lin c k y,. ro it n, I I Nit in e of r 0 1 t. I -1 6- 2 . A I J cob a nd H o I I to of Prot) nenl: 3. Dnte of Cllt.:ct, i :o: ".L111m i.�,:i ion 1_J V/ L� 4. Agency Puquirin;.1, ChccM,t ;t r7? N a in e of P roi)o:i it I., if np p I iQ a b I e 6---> TS LQ _"T 4 E/- Env ironmen ta t 1m t.i (Explanations of all "yc!i" nod "maybe" answers are required an attached sheets.) YES MAYPE NO 1. _Earth. Wi I. I. the propos;r 1, result in a . Uns tah Le e�irth conditions or in challFt•�, itt tloolooix :jub,9tructure87 h, Ilt r it It 1: i oio. diijpI;i(:ementfj, com- perion ot of the soil? C. Chanyvi in topoXr;,phy or ground surface, (el iuf features? d. The Ovair. ctio.r. Ion, c(svering or modi- f i Cit r i ("I ri 1 :1 lly u16 (ItIC gt!OI Og is or ph Y') i. C it ,;I co I t.o e. Any 61 wiod or water erosion of !ioi)-,, or off the. iite" Cli:inp iu d I, po!t i t ; on or erns ion of b?;te.h or cl,;iki I..es iu ciltation, (1(!pi.!.ir or -roiioii which may modify the of !, ri%ur or stream or [Vie bed oP Hlo OcI2.1". Or nny bay, inlet nr ? I ' g, Change in rho gualltity of - groUnd water's, rather through direct addi— rl rs Or 'J11, 11 iS r,rs+.l 1, •:1 or through incerc,,pi Inn A no aquifer by cnt'i or oxcay.1cknO h. Sobst.aneial roduncOn in the amount of water ntho,winn available for public water suPp!io5.? . i. f:xposurb 111 people or property to wavor r•.•la'rnd h•'.tniO 1 such as llut+dinr or Lida! waves? 74 rra r1Ar1u.. NO .Liz 1111 •.rlI 111 I.I,„ptl!. Ili propel ty II. lIootko. i, dl 1,,1e.at dr, 1'okh 11'. va, tll•• • llll:ll•.1.. 1 1. I01. 1111111]1111 „'ii Ir:llrllllrl �•. I 11111 111 11!111.11 !,.11,1 rid •iI .. ... _ t. G_i_r. Wi 1.1 On �.:1 ,1pn „11 1- -:,ult in: n. Suhstans. al Air v,,1,i;;nkns or ueter.i.- . oration of ambivor air quality? - X - . b, The crrnt ion of nh;locrionable odors'! --- r C. Alteration of Or movement, moisture O1: tCl p,,;.It.nrv, or any change in ither locally regionally? climate, ri or 1• Water. Will rho propra•al result in; - a. Chanpen in covrvnin, or the course or direction of wdi"r movements, in either muri.ne nr trash waters? • b. Changes in Absorption rates,, drainage ' pattern,, or the rate and amount of surface; runoff? —^ c. Alterarions to the course of flow of flood waters? d. Change in the amount of surface water \/ in any water body' X e. Dis.charga into murface waters or in - .any alt.rrar.i,on n!; surface water quill icy, inl:Gulli,nh but not limited to roamp,-inture, i!i.!I:,ntved.. oxygen or turhidi.ly! f. Alteration of the direction or rata of HOW of ground welters? g, Change in rho gualltity of - groUnd water's, rather through direct addi— rl rs Or 'J11, 11 iS r,rs+.l 1, •:1 or through incerc,,pi Inn A no aquifer by cnt'i or oxcay.1cknO h. Sobst.aneial roduncOn in the amount of water ntho,winn available for public water suPp!io5.? . i. f:xposurb 111 people or property to wavor r•.•la'rnd h•'.tniO 1 such as llut+dinr or Lida! waves? 74 t • Yfi5 R,AYl1f 1, Plant I. i.(c, ails llu. II(I pr;raI rc:tulr in: a. Cllallh': i,n thr. di.vrrsiC.y of sprci:es. or 1111,10" )'' ;nwy of plan[-; . (incl Id nI• I , .1h,ubs, gran:,, crop:i, uu.l ,qu.t,. ic, pIantil)? 1t.. Ited III:t ii,n iI rh.• of any Wii.quu, rit(I! ur oiin:ntficred specie" oC pUt III:I '( c. InCrodI ,:Iun 01. o,:ij : Ipecies of plants 6ien an arr:l, or in n barrier Co the pan;m it r- :pl.enishment of (I. Red LtCtiun .n 4ICr':;WC. of any alri.cull:r:r Il, crop? $. Animal life. l'i.11 OIL. proposal result in: n. Chan i": in she. di•icrni.ty of species, or num4cra of tiny of animals (birds.,. land . uninlntn including reptiles, fish and shcllttO, , benthic organisms, . or innCet:)? b. lieduccuin if [IIi.: numbers of any unique, rare o, !n,I ;tnvi -rv,I species of animals? c. Introducrino of nPU species of ani mall i. rlro nn mrra, or result in it hart icr ro the mi.rrltion or movement of ant.1o1l9? - d.. lietcrinrnri.on to I•,xisting . fish or wildl,i.l`c II:IIo is r.a f't 6. Noise. WiI.I th,i Itropnanl result in s. Incrc,i: ;o in ,xi.eriog noise level ? b. fr.pu: it: of pruplo to severa noisi: I r, vr:! s? 7.. Lipht and Ctai I-. '..'i11 the proposal produce A. L'In_d flee. S.'i1 thv prnhoenl r(auIt in a �suLs C' (If iel it! tc vi,r i,.n nt. the present or planned l;ro(! u:u: or iui nrc..a? 75 M) -- Y J L 1\ J\ ^L= 1 /. l x t • Yfi5 R,AYl1f 1, Plant I. i.(c, ails llu. II(I pr;raI rc:tulr in: a. Cllallh': i,n thr. di.vrrsiC.y of sprci:es. or 1111,10" )'' ;nwy of plan[-; . (incl Id nI• I , .1h,ubs, gran:,, crop:i, uu.l ,qu.t,. ic, pIantil)? 1t.. Ited III:t ii,n iI rh.• of any Wii.quu, rit(I! ur oiin:ntficred specie" oC pUt III:I '( c. InCrodI ,:Iun 01. o,:ij : Ipecies of plants 6ien an arr:l, or in n barrier Co the pan;m it r- :pl.enishment of (I. Red LtCtiun .n 4ICr':;WC. of any alri.cull:r:r Il, crop? $. Animal life. l'i.11 OIL. proposal result in: n. Chan i": in she. di•icrni.ty of species, or num4cra of tiny of animals (birds.,. land . uninlntn including reptiles, fish and shcllttO, , benthic organisms, . or innCet:)? b. lieduccuin if [IIi.: numbers of any unique, rare o, !n,I ;tnvi -rv,I species of animals? c. Introducrino of nPU species of ani mall i. rlro nn mrra, or result in it hart icr ro the mi.rrltion or movement of ant.1o1l9? - d.. lietcrinrnri.on to I•,xisting . fish or wildl,i.l`c II:IIo is r.a f't 6. Noise. WiI.I th,i Itropnanl result in s. Incrc,i: ;o in ,xi.eriog noise level ? b. fr.pu: it: of pruplo to severa noisi: I r, vr:! s? 7.. Lipht and Ctai I-. '..'i11 the proposal produce A. L'In_d flee. S.'i1 thv prnhoenl r(auIt in a �suLs C' (If iel it! tc vi,r i,.n nt. the present or planned l;ro(! u:u: or iui nrc..a? 75 M) -- Y J L 1\ J\ ^L= 1 /. l x I 0 • —X— X 1< I, ro p I):::, I 'H 1h• A "an OF nny.. Ila Cura 1, b L :1111: i :1 1 doplcr.inn of any ,On_ ruuPwRhjP natural ,source? 10. Risk of Rplop DO•N rho propnvnl involve rcsval an lix1pillsion nr fill! raloji'l, of hazardous substluceN (including, but not limited CO. 10, p•NKcid,s, chemical, or q radiation) in rh, OvOU Of an accident or upset Conditions? ' ion pruponal alter the location, iscribur inn , d"nsity, or growth C. rate of the human PoPulavion of an area? Housing. Will the proponal affect existing hCO-10119, or crenu a demand for additional hii,,jqk? 1 Nalsporytton/ciraHlavion. Will the propos!) r e!: u 1. t. Anprocio, of subsraoti,l additional vohicular I,•v,uiu:nr'! b Eff''"s On vxAtinx parking facilities, Or de'lland f,,r 11aw parking?, Sul)Sr.artiat inipilfr upon ex . isting trarl9porration d. AltllraLLO"N to prus•ot patterns of circulating Or, 1110velllvllt Of people and/or roads? e. Akeroti"ns to UnUrborne rail or air tratfir f- Ir"reasv in hrakic hazardous to nonor Mic 1 •.i , nicyclist5 or Public Sprviv.,, Wi 1 1 rho prnpo'sal have nn -VAT �A ""in ! L in a noyd for 1w, or ;Iovt """Ca 1 s"MCPS in any of th.• rug jo,, —X— X 1< 26 —X— X 1< ' - yI...'; MA YL'. F. NO b. 1,01 iii' :,I ,I :(`..n.' C. :iChuu1:17 - 11, Palk; ni o0i -:r. r, !,t C Lo nal l fac 1l It ies? .- e. Ma iii C,ln.ln,:I: I,I. lrlll., I,iC fat iltiea, �/ f. Other p,nvl: river it t�IL :n:rvices? v . 15. Enemy. 14i.1.1. rhr! prnl,oa,.1 result in: IL. Uoe Of :nlbnC.:nu:i,LL nlnuunts Of fuel or . .. eMCI v,Y.. . L b. SubatantinI. :i.nerca.lc in demand upon exi.ficIAM• nuurcc:l Ut energy, or require the dcveL)pmrnt ol: new sources of cnc -rF y r \ '16. Utilities. will, Clio! proposal' result in a I r need for new syr.Ccsla, 01 substantial al.terat ions ro th„ !;u 1. l owing. utilities' .^ �• - / /. a. POWUr Or n:ltursl. q.rl? b. COmmUliiCarionn uyI.Ll:maT Y� ' ., C. Water? • ..- (�, . '. d. Sew( -. r or s,lpric CanksT' ' e. St L) rni wa Cer (L r,i i.nal;e? f SOIid W.I:Itt: and di.aposal? x :. 17. Human Ilealr.h. Will Uic proposal result in a. Crcati.on of :nY/ 61:alth hazard Or hr:l'.I.h !:hard (excluding ' b. Expos,,rc o!: prople to potential hcnlv.h hai.arda? - .I 1 8. Ass thet_i co: _ lti.Ll Lh, proposal result in the , Ubitruction 01: ,.Illy 6ie111.c vista Or View open - to th1 p,abl.ir:, or wD,! the proposal result in the CroaCion of an: a,inthetically .. `/ . offenu Lvc uric open LO public. View? ,' /x\__^ a. .Dues r.he prni.cr: luivr- the potential to degrade tlit: gi.iul.i.!:y or r:l1e environment, nub s Cant is 1. ly T. Ik, ,; 01b : habitat of a fish or w.ilJli.f': '31we ,:a, cause a fish or wilrlli.E. vupnl.;[inn to drop below . ,. YF.S 1 "AYIIE NO 19. Recreation. Will f ,: 1) re) non al result eliminate ri plant or :ini.mal'community, in an i.m {rtCC "poll C. qu.a! i.ly or qua nti.Cy' - . range of a rare or endangered plant exi;ti.n;t r1•rr..;rr.i„n:,! omor tun .ities? .�. or animal or eli.mi.natr: important ?Q. Arc.htoiu}_�it::t1 /Ilc:.r,rtc.I flit.]. O'c examples of the mo.jnr periods of proposal rcr,uL+ i,, :,:rlcr:r;!:i0n of a X b, Goes the prpj Net h+vv t: the potential to signifi.canr ;,i0w olny,ic,il ur historical i achieve Shuarr -term, to the disadvantage - Site, structure nb j,:ct or building? "':. of lone- te.rau, tnv .ronmcntal goals? (A ... Pl, Mandmtor iin41 11f,_: uh.' c; iiJ.tii.cAnce. - a. .Dues r.he prni.cr: luivr- the potential to degrade tlit: gi.iul.i.!:y or r:l1e environment, nub s Cant is 1. ly T. Ik, ,; 01b : habitat of a fish or w.ilJli.f': '31we ,:a, cause a fish or wilrlli.E. vupnl.;[inn to drop below self - nusr.nini.np l,rvc!.u, threaten to ' eliminate ri plant or :ini.mal'community, reduce the uumbe.r or rerntrict the range of a rare or endangered plant (' or animal or eli.mi.natr: important examples of the mo.jnr periods of California 6r story or prehistory? X b, Goes the prpj Net h+vv t: the potential to i achieve Shuarr -term, to the disadvantage : � ` 't:,•.:. .�; %, `,.' "':. of lone- te.rau, tnv .ronmcntal goals? (A ... short -tarsi impact on the environment is - one which occurn i.n it relatively brief. definitive pnri.ofl of rime while long- .;.,•,, term impact.:i wi.1.1. eudur.: well into the . ,r fut.rrc.) X C. Dons the project h:,vu impacts which .. ,. . W, are ind iv idunll y l incited, but oumu- lativeIy :nnai.der'll,6!? (A project may impact; i,n two or more separate vesource9 wl,ort! LIU: impact on each resource i!; E.:I,,,ci'vcl.y small, but where r.hc ;:th"ct. n! i:he total of -' those ienpnr.ts o„ r.!,.e ,• nvironment is si.gnificant.) �- d. 1�OeY [h C. y,ru ;cct hnvu �ttv irOnmP.nCaT effects whi.clh w.0l ( :.m -i subs tanCtal adver:p in !wm'm beings, dii: io:lirectIy? either t..iy ur IliKe',Ss ion of i`nv iriiiuu. i, I:al 1':v A,, 4ation. 0 tl'.. Irp C e. ran inar i o n , to hr comp Lp Cpd by !1, Len J A enc y) . . 7,1 r ra 0n the hISS of [Ilia Wirial, c•VNIuacion: 1 find. that th,• p, opoa,Q project COULD NOT have a significant effect —� on the environw„.. L. and :, NECATIVE DFCLAItATION will be prepared. I find that DLI:h"nXh thy: pcuposed project could have a significant effect ou the wivir „nmenr., chore Will not be a sipn.ificant effect in this case hec0""o tlm mi.rQo tion measures described on an atcached aheet have herii add,d ru Chu project.. A NEGATIVE DECLARATION will be prepared. 0 I fain,] the propoou(I prujv,:t MAY have a significant effect on thn environment, am! an EUVRONMENTAL IMPACT REPORT is required.. - I V, y / I Date Signa re ( t c-� II (Note: Thin is only a nup,gented form, public agencies are free to devise ,their own format for inir.int ntudina,) n l RESOLUTION NO. 9940 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN PROPERTIES AND DECLARING THE PUBLIC NECESSITY THEREFOR I W- HEREAS, the City of Newport Beach is authorized by virtue of the statutes of the State of California to take properties by condemnation and to hold, use and enjoy these properties as necessary to the full exercise of its power; and ,IEp.EAS, the City of Newport Beach is authorized by virtue of Code of Civil Procedure Sections 1240.010, 1240.050, 1240.110, 1240.120, 1240.125, 1240.320, 1240.330, 1240,350, 1240.410, 1240.420, 1240.510 and 1240.610 and Government Code Sections 40404, 37350, 37350.5, 39792 and 54341 to take real and personal property by condemnation for oil drilling, pumping, pass - through, storage and production purposes; and WHEREAS, all persons whose names and addresses appear on the last equalized assessment roll for the properties described herein were given notice and an opportunity to be heard pursuant to Code of Civi Procedure Section 1240.235; and WHEREAS, a public hearing was held by the City Council of the City of Newport'Beach on December 22, 1980, at which the matters set forth in Code of Civil Procedure Section 1240.030 were discussed, including the following matters: (a) Whether the public interest and necessity require the project; (b) Whether the project is planned and located in the manner that will be most compatible with thu greatest public good and the least private injury; and (c) Whether the properties sought to be acquired (which are described herein) are necessary for the project, NMI, TREREFORE, the City Council of the City of Newport Beach does hereby resolve and find as follows: Section 1. That the City Council, pursuant to Govern:ient Code Sections 40404, 37350, 37350.5, 39792 and 54341 and Code of Civil Procedure Sections 1240.010, 1240.050, 1240.110, 1240.120, 1240.125, 1240.320, 1240.330, 1240.350, 1240.410, 1240.420, 1240.510 and 1240.610 is empowered to condemn any real and personal property necessary to fulfill and carry out the duties of the City. The City. - Council- finds that the acquisi- tion of the herein described properties is necessary to carry out the duties of the City by drilling for, pumping, producing, storing and transporting oil from the City- owned submerged tideland areas adjacent to the City of Newport Beach, which submerged tidelands were conveyed in trust to the City by the State of California pursuant to Chapter 74 of the Statutes of 1978. S::,tion 2. That the City Council of the City of Newport Beach hereby finds and determines that the public interest and necessity require for public use the.acquisition of the proper- ties herein described. The City Council further finds that the public interest and necessity requir<, the proposed project which consists of the acquisition, construction, operation and main - tenance by the city, of certain public improvements, to wit: slant - drilled wells, pumping units, tanks, drill sites, oil 9 transmission pipelines, and casings for the production of oil and gas from the City's submerged tidelands trust areas. Section 3. That the properties described herein are located partly within the City of Newport Beach and partly within the unincorporated area of the County of Orange and are necessary for the proposed project, that the public interest requires the proposed project, and that the project is located in a manner most compatible with the greatest public good and the least private injury. A description of the general location and extent of the properties to be taken with sufficient details for reasonable identification, together with the specific description of each parcel, are set forth in Exhibit "A" attached hereto and by this reference incorporated herein as though set foth at length. Section 4. That the interests to be acquired in the real property are described in the description of each parcel set forth in Exhibit "A." Section 5. In the event negotiations for the purchase of the properties described in Exhibit "A" are unsuccessful, the law firm of Rutan & Tucker and /or Homer L. McCormick, Sr., Attorney at Law, special counsel for the City of Newport Beach, and /or Hugh R. Coffin, City Attorney for the City of Newport Beach, are hereby directed to bring action in the Superior Court of the State of California in the name of the City of Newport Beach,. to condemn, by eminent domain proceedings, these proper- ties. These attorneys are authorized and, upon instruction by the City Council, shall make an application to the above - entitled court for an order fixing the amount of security by way of money deposits as the court may direct and for an order permitting the 3 City to take immediate possession and use of the herein described real and personal properties for the uses and purposes described herein. Section 6. The law firm of Rutan & Tucker and /or Homer L. McCormick, Jr., Attorney at Law, and /or Hugh R. Coffin, the City Atto.=ey for the City of Newport Beach, wre hereby empowered to incur, In the name of the City of Newport Beach, all expenses and oblietions incidental to the purposes of bringing and litigating such action. ADOPTED this 22nd day of December, 1980. ATTEST: City Clerk 4 HRC /kv 122280 ti PARCEL NO. A JK- mm/12/22/80 (Surface Easement and Subsurface Pass - Through Right of Way) The property and property rights being acquired as Parcel A by the condemnor City of Newport Beach, a municipal corporation (hereinafter referred to as the "City ") from the condemnees (hereinafter referred to as the "Owners ") are as follows: A perpetual and non - exclusive easement and right of way to drill for, produce, pump, store and transport oil, gas and other hydrocarbon substances on, over, above and through the surface and subsurface of the Owners' real property and to install, drill, redrill, clear, construct, reconstruct, inspect, maintain, operate, repair, replace and improve oil storage tanks, pipes, pumping units, derricks and appurte- nant oil production and storage facilities, which structure and appurtenances may extend above the surface of the ground; these easements, rights and rights of way shall lie in, under, and over and across that certain parcel of real property, situated in the County of Orange, State of Cali- fornia, and more particularly described in Exhibit "A" hereto, and such description by this reference is made a part hereof as though set forth at length. A plat showing the location of such easement is attached hereto as Exhibit "B." The rights being acquired herein include the right to enter upon and to pass and repass over and along said lands, and to deposit tools, implements and other materials thereon by the City of Newport Beach, a municipal corporation, or its successors and assigns, its officers, agents and employ- ees, and by persons or entities under contract with the City, its successors and assigns and their employees, when- ever and wherever necessary for the purpose of drilling, redrilling, constructing, reconstructing, servicing, in- specting, repairing, enlarging, using, operating and main- taining derricks, tanks, pumping units, pipelines and other facilities reasonably necessary for the operation of oil production facilities, for the purpose of producing oil through slant- drilled wells from lands outside the bounda- ries described in Exhibit "A" hereto attached, and for th< storing and marketing of oil and gas so produced. The City of Newport Beach further acquires a per - petual non- exclusive easement and right of way to drill, test, complete, equip, maintain, repair, clear, redrill, deepen, operate, produce, dismantle (remove casing and oche. equipment from) plug and abandon under and through the sub- surface of the land described in Exhibit "A" attached hereto a well or wells for the exploring for and /or producing oil, gas and other hydrocarbon substances through slant drilled wells bottomed outside of the boundaries in Exhibit "A" hereto attached. The property owners shall have the right and the right to permit others to utilize the land described in Exhibit "A" hereto for the purpose of oil drilling, production, storage, and transportation; provided, however, that neither the rights set forth above in this paragraph nor any opera- tions carried on therewith shall interfere with the right of the City to drill, test for, produce, store and transport oil upon the lands described in Exhibit "A" hereto and produced from slant holes or wells drilled into adjacent lands and into the tide waters and beneath the Pacific Ocean and connecting waters. The City, in its drilling, operation, storage and pro- duction operations, shall use and install materials of good quality and condition, and all wells, pumping units, tanks, and pipelines shall be maintained by the City in the best workmanlike manner and in accordance with good oil field practice; and all drilling and other operations of the City 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 Owners. In addition to the rights being acquired by the City herein, the City shall have a perpetual, non - exclusive easement and right of way for access purposes only across other lands of the Owners adjacent to the lands described in Exhibit "A" hereto to operate, maintain, repair, inspect, construct and reconstruct the oil production facilities and subsurface oil wells located on the lands described in Exhibit "A" hereto. This Surface Easement and Subsurface Pass - Through Right of Way shall continue for so long as oil, gas, or other hy- drocarbon substances are produced in paying quantities from wells drilled on the lands described in Exhibit "A" attached hereto, and bottomed outside the boundaries of the land in Exhibit "A" hereto. This Surface Easement and Subsurface Pass- Through Right of Way 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. -2- 0 DESCRIPTION Oxbow Oil Production Condemnation All those certain lands situated in the County of Orange, State of California, more particularly described as follows: PARCEL A: Beginning at a point in that certain course in the existing Newport Beach City Boundary shown as "South 4° 31133" East, 439. 65 feet" 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 distant thereon South 40 31133" East, 100.59 feet from the northwesterly terminus thereof; thence along said city boundary through the following courses: South 41 31'33" East, 339.06 feet; thence South 200 11142" East, 269. 65 feet to a point on a non- tangent curve in the northerly line of West Coast Highway concave northerly and having a radius of 950.00 feet, a radial line from said point bears North 6 °58130" East; thence easterly along said curve 4.35 feet through a central angle of 00 15145 "; thence tangent from said curve South 83° 17115 ' East, 285. 05 feet; thence leaving said city boundary North 120 59'57" West, 200. 50 feet; thence South 77° 00103" West, 60. 00 feet; thence North 120 59157" West, 500.00 feet; thence South 77 °00'03" West, 196. 26 feet to the POINT OF BEGINNING. CONTAINING 3. 559 Acres, more or less EXHIBIT "A" : "nA e•]" � my �T t. 1 I I •ea. roe i:. ;""-`li_; � T n~a •w\il �:]t:IS N O lT.�' P !in I .� i I i a _ :� . . ^� . i oe o• b8 pt' e i I M 4xJ 0 ti -.n H po.� _ i0i' y O +I O A a`S�h!1.1�� 'a'e eisr tc eol;m-/ n 8� H N'}• h 1 W � '' i r� I i e •` +�4� n 'B F`3� u -F7- • JK- mm/12/22/80 PARCEL NO. B (Surface Easement and Subsurface Pass- Through Right of Way) The property and property rights being acquired as Parcel B by the condemnor City of Newport Beach, a municipal corporation (hereinafter referred to as the "City ") from the condemnees (hereinafter referred to as the "Owners ") are as follows; A perpetual and non - exclusive easement and right of way to drill for, produce, pump, store and transport oil, gas and other hydrocarbon substances on, over, above and through the surface and subsurface of the Owners' real property and to install, drill, redrill, clear, construct, reconstruct, inspect, maintain, operate, repair, replace and improve oil storage tanks, pipes, pumping units, derricks and appurte- nant oil production and storage facilities, which structure and appurtenances may extend above the surface of the ground; these easements, rights and rights of way shall lie in, under, and over and across that certain parcel of real property, situated in the County of Orange, State of Cali- fornia, and more particularly described in Exhibit "A" hereto, and such description by this reference is made a part hereof as though set forth at length. A plat showing the location of such easement is attached hereto as Exhibit "B " The rights being acquired herein include the right to enter upon and to pass and repass over and along said lands, and to deposit tools, implements and other materials thereon by the City of Newport Beach, a municipal corporation, or its successors and assigns, its officers, agents and employ- ees, and by persons or entities under contract with the City, its successors and assigns and their employees, when- ever and wherever necessary for the purpose of drilling, redrilling, constructing, reconstructing, servicing, in- specting, repairing, enlarging, using, operating and main- taining derricks, tanks, pumping units, pipelines and other facilities reasonably necessary for the operation of oil production facilities, for the purpose of producing oil through slant - drilled wells from lands outside the bounda- ries described in Exhibit "A" hereto attached, and for the storing and marketing of oil and gas so produced. The City further acquires a perpetual non- exclusive easement and right of way to drill, test, complete, equip, maintain, repair, clear, redrill, deepen, operate, produce, dismantle (remove casing and other equipment from) plug and 0 • abandon under and through the subsurface of the land des - cribed in Exhibit "A" attached hereto a well or wells for the exploring for and /or producing oil, gas and other hydrocarbon substances through slant drilled wells bottomed outside of the boundaries in Exhibit "A" hereto attached. The property owners shall have the right and the right to permit others to utilize the land described in Exhibit "A" hereto for the purpose of oil drilling, production, storage, and transportation; provided, however, that neither the rights set forth above in this paragraph nor any opera- tions carried on therewith shall interfere with the right of the City to drill, test for, produce, store and transport oil upon the lands described in Exhibit "A" hereto and produced from slant holes or wells drilled into adjacent lands and into the tide waters and beneath the Pacific Ocean and connecting waters. The City, in its drilling, operation, storage and pro- duction operations, shall use and install materials of good quality and condition, and all wells, pumping units, tanks, and pipelines shall be maintained by the City in the best workmanlike manner and in accordance with good oil field practice; and all drilling and other operations of the City 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 Owners. In addition to the rights being acquired by the City herein, the City shall have a perpetual, non- exclusive easement and right of way for access purposes only across other lands of the Owners adjacent to the lands described in Exhibit "A" hereto to operate, maintain, repair, inspect, construct and reconstruct the oil production facilities and subsurface oil wells located on the lands described in Exhibit "A" hereto. This Surface Easement and Subsurface Pass - Through Right of Way shall continue for so long as oil, gas, or other hy- drocarbon substances are produced in paying quantities from wells drilled on the lands described in Exhibit "A" attached hereto, and bottomed outside the boundaries of the land in Exhibit "A" hereto. This Surface Ease=ment and Subsurface Pass- Through Right of Way 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. -2- DESCRIPTION Oxbow Oil Production Condemnati All those certain lands situated in the County of Orange, State of California, more particularly described as follows: PARCEL B: Beginning at a point in that certain course in the existing Newport Beach City Boundary shown as "South 680 22145" East, 756.00 feet "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 distant thereon South 68022,45" East, 280.00 feet from the northwesterly terminus thereof; thence along said city boundary South 680 22145" East, 300. 00 feet; thence leaving said city boundary North 21 °37'15" East, 250.00 feet; thence North 68 °22'45" West, 300.00 feet; thence South 21 °37'15" West, 250.00 feet to the POINT OF BEGINNING. CONTAINING 1. 722 Acres, more or less EXHIBIT "A" own L er.4ii go Y Crz )! SYVVIi. 11 1! !PA B', fii I r ° «c F11, I-T zp �r E I L gse,00 a " J IlJ M1 xCS NY o.n \ ll .1 nI 1 L. 0, �8 r• `. x m u Exx s_r • I rxx )L. e °y i'n `S i wRY T of i - O A S 2 v n s i e Lr� r I o r r `\ 5 F7 0 1e !^ :.r 44xf ..P,4 .' A I � n• n'n � , . m 1 " ; �. �'-Y�, I�/ 7r �'•, � ^tom 1S. 4`� • . JK -MM 12/22/80 PARCEL NO. C (Permanent Easement - Oil Transmission Pipeline and Access) The property and property rights being acquired as Parcel C by the condemnor City of Newport Beach, a municipal corporation (hereinafter referred to as the "City ") from the condemnees (hereinafter referrer to as the "Owners ") are as follows: A perpetual and non - exclusive easement and right of way to install, construct, reconstruct, remove and replace, inspect, maintain, operate, repair, improve and relocate a pipeline or pipelines with incidental appurtenances and connections, in, on and under the real property hereinafter described, and to install, construct, reconstruct, inspect, maintain, operate, repair, replace, improve and relocate lines parallel to said pipeline or pipelines; which ease- ments shall lie in, under and over and across those certain parcels of real property situated in the County of Orange, State of California, and more particularly described in Ex- hibit "A" hereto, and such description by this reference is made a part hereof as though set forth at length. A plat showing the location of such easement is attached hereto as Exhibit "B." Whenever the term "oil transmission line" is used here- in, such term shall include the right to construct and main- tain oil and gas transmission lines parallel to any line installed pursuant to this easement now or in the future and shall include the right to construct and maintain all facil- ities, fixtures and appurtenances thereto. The rights being acquired herein include the right to enter upon and to pass and repass over and along said lands, and to deposit tools, implements and other materials thereon by the City of Newport Beach or its successors and assigns, its officers, agents and employees, and by persons or enti- ties under contract with such City, its successors and as- signs and their employees, whenever and wherever necessary for the purpose of laying, constructing, reconstructing, re- newing, inspecting, maintaining, repairing, enlarging, using and operating said oil transmission line, together with the right to use said rights of way for access to the City's or its successors and assigns' rights of way situated on adjacent lands. The permanent easement and right of way above described shall be acquired subject to the rights of the property owners, their successors and assigns, to use the surface of s • the land within the boundary lines of such easement and right of way to the extent compatible with the full and free exercise of said easement and right of way; provided, however, that the provision of this easement shall not entitle the property owners to utilize their property in such a manner as to jeopardize the integrity or safety of the oil transmission line. In addition to the rights being acquired by the City herein, City shall have a perpetual, non - exclusive easement and right of way for access purposes over the property owners' remaining lands to the lands upon which the oil transmission pipeline herein is situated; such access ease- ment may be used by City, its successors and assigns and their employees, whenever and wherever necessary for the purpose of obtaining ingress or egress to the oil transmis- sion line easements or any other easements owned by the City, whether located on the property owners' property or on other properties, even if such other properties are not adjacent to owners' property. This Oil Transmission Pipeline and Access Easement shall continue for so long as oil, gas, or other hydrocarbon substances are transmitted in paying quantities through the oil transmission line located on the lands described in Exhibit "A" hereto attached. This easement and the provisions contained therein shall be binding upon the heirs, successors, administrators, personal representatives and assigns of the parties hereto. -2- DESCRIPTION Oxbow Oil Production Condemnation All those certain lands situated in the County of Orange, State of California, more particularly described as follows: PARCEL "C ": A strip of land 30.00 feet in width, the centerline of which is described as follows: Beginning at a point in that certain course in the centerline of a 30.00 foot easement for sewer and road purposes per Suerior Court Case No. 24769 shown as "North 76° 32`23" West, 1596. 18 feet' on a mapfiled in Book 65, Pages 31 through 36 of Records of Surveys in the Office of the County Recorder of said County distant thereon South 76° 32123" East, 148. 00 feet from the northwesterly terminus thereof; thence along said centerline as shown on said record of survey map through the following courses: South 76 °32'23" East; 1448.18 feet; thence South 32 °55'45" East, 521.40 feet; thence South 27 °15'15" East, 595.00 feet; thence South 14 °36'45" East, 264.00 feet; thence South 5 °33'45" West, 217.00 feet; thence South 12° 59' 57" East, 684.52 feet to the northwesterly line of the hereinabove described Parcel "A ", CONTAINLNG 2. 569 Acres, more or less EXHIBIT "A" eo =� °e as� R J L 9•. xts�oii y O i435'SYIOS •IS )1' S �$: 46, . Y 8 •m o. i. I��Ix�P I o5i u�' x f N11.31 :5 "E Oa � i•f� ^•� I = oi'� aN�n • I E LUI amz. nom �y _ �� °x �.. =;•��. j T c. •. I SE �Ry^ .f� I °e m •E im o y f A E P In 2 r. os'_-x �- �y'(I•�� xf1'i•�51 f i�51 Si. OO�W� f '• N .. .fin. � a ,r, e a'� +': /`•` „ f •'y , r•w.oV `�IN1 s.. JK -MM 12/22/80 PARCEL NO. D (Permanent Easement - Oil Transmission Pipeline and Access) The property and property rights being acquired as Parcel D by the condemnor City of Newport Beach, a municipal corporation (hereinafter referred to as the "City ") from the condemnees (hereinafter referrer to as the "Owners ") are as follows: A perpetual and non- exclusive easement and right of way to install, construct, reconstruct, remove and replace, inspect, maintain, operate, repair, improve and relocate a pipeline or pipelines with incidental appurtenances and connections, in, on and under the real property hereinafter described, and to install, construct, reconstruct, inspect, maintain, operate, repair, replace, improve and relocate lines parallel to said pipeline or pipelines; which ease- ments shall lie in, under and over and across those certain parcels of real property situated in the County of Orange, State of California, and more particularly described in Ex- hibit "A" hereto, and such description by this reference is made a part hereof as though set forth at length. A plat showing the location of such easement is attached hereto as Exhibit "B." Whenever the term "oil transmission line" is used here- in, such term shall include the right to construct and main- tain oil and gas transmission lines parallel to any line installed pursuant to this easement now or in the future and shall include the right to construct and maintain all facil- ities, fixtures and appurtenances thereto. The rights being acquired herein include the right to enter upon and to pass and repass over and along said lands, and to deposit tools, implements and other materials thereon by the City of Newport Beach or its successors and assigns, its officers, agents and employees, and by persons or enti- ties under contract with such City, its successors and as- signs and their employees, whenever and wherever necessary for the purpose of laying, constructing, reconstructing, re- newing, inspecting, maintaining, repairing, enlarging, using and operating said oil transmission line, together with the right to use said rights of way for access to the City's or its successors and assigns' rights of way situated on adjacent lands. The permanent easement and right of way ab}-)ve described shall be acquired subject to the rights of the property owners, their successors and assigns, to use the surface of � s the land within the boundary lines of such easement and right of way to the extent compatible with the full and free exercise of said easement and right of way; provided, however, that the provision of this easement shall not entitle the property owners to utilize their property in such a manner as to jeopardize the integrity or safety of the oil transmission line. In addition to the rights being acquired by the City herein, City shall have a perpetual, non - exclusive easement and right of way for access purposes over the property owners' remaining lands to the lands upon which the oil transmission pipeline herein is situated; such access ease- ment may be used by City, its successors and assigns and their employees, whenever and wherever necessary for the purpose of obtaining ingress or egress to the oil transmis- sion line easements or any other easements owned by the City, whether located on the property owners' property or on other properties, even if such other properties are not adjacent to owners' property. This Oil Transmission Pipeline and Access Easement shall continue for so long as oil, gas, or other hydrocarbon substances are transmitted in paying quantities through the oil transmission line located on the lands described in Exhibit "A" hereto attached. This easement and the provisions contained therein shall be binding upon the heirs, successors, administrators, personal representatives and assigns of the parties hereto. -2- DESCRIPTION Oxbow Oil Production Condemnation All those certain lands situated in the County of Orange, State of California, more particularly described as follows. PARCEL "D ": A strip of land 30. 00 feet in width, the centerline of which is described as follows: Beginning at a point in that certain course in the centerline of a 30.00 foot easement for sewer and road purposes per Superior Court Case No. 24769 shown as "North 76 *32123" West, 1596:18 feet" 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 distant thereon South 76032123" East, 168.16 feet from the northwesterly terminus thereof. thence South 3° 18127" East, 303. 61 feet to a tangent curve concave westerly and having a radius of 515.00 feet; thence southerly along said curve 202.03 feet through a central angle of 22 °28'37 "; thence tangent from said curve South 19 °10'10" West, 445.35 feet to the northeasterly line of the hereinabove described Parcel "B". The sidelines of said strip of land shall be lengthened or shortened so as to terminate northerly in the southwesterly line of said 30.00 foot ease - ment for sewer and road purposes and southerly in said northeasterly line of the hereinabove described Parcel "B ". CONTAINING 0. 644 Acres, more or less EXHIBIT "A" Fo=b T ^oyo as o.E om e � X13 ALL Amk C'5 A w° J I 1 We 1 lJ L _-J JLJ o� x n IL _ r^JI'U Z Y ( (° 1 ..St 'M1�H} fq 3A 4 YN W AA A Z _ ' O A i D 3 F; 8 JK -MM 12/22/80 PARCEL NO. E (Permanent Easement - Oil Transmission Pipeline and Access) The property and property rights being acquired as Parcel E by the condemnor City of Newport Beach, a municipal corporation (hereinafter referred to as the "City ") from the condemnees (hereinafter referrer to as the "Owners ") are as follows: A perpetual and non - exclusive easement and right of way to install, construct, reconstruct, remove and replace, inspect, maintain, operate, repair, improve and relocate a pipeline or pipelines with incidental appurtenances and connections, in, on and under the real property hereinafter described, and to install, construct, reconstruct, inspect, maintain, operate, repair, replace, improve and relocate lines parallel to said pipeline or pipelines; which ease- ments shall lie in, under and over and across those certain parcels of real property situated in the County of Orange, State of California, and more particularly described in Ex- hibit "A" hereto, and such description by this reference is made a part hereof as though set forth at length. A plat showing the location of such easement is attached hereto as Exhibit "B." Whenever the term "oil transmission line" is used here- in, such term shall include the right to construct and main- tain oil and gas transmission lines parallel to any line installed pursuant to this easement now or in the future and shall include the right to construct and maintain all facil- ities, fixtures and appurtenances thereto. The rights being acquired herein include the right to enter upon and to pass and repass over and along said lands, and to deposit tools, implements and other materials thereon by the City of Newport Beach or its successors and assigns, its officers, agents and employees, and by persons or enti- ties under contract with such City, its successors and as- signs and their employees, whenever and wherever necessary for the purpose of laying, constructing, reconstructing, re- newing, inspecting, maintaining, repairing, enlarging, using and operating said oil transmission line, together with the right to use said rights of way for access to the City's or its successors and assigns' rights of way situated on adjacent lands. The permanent easement and right of way above described shall be acqui.ra:d subject to the rights of the property owners, their :su cessors and assigns, to use the surface of s the land within the boundary lines of such easement and right of way to the extent compatible with the full and free exercise of said easement and right of way; provided, however, that the provision of this easement shall not entitle the property owners to utilize their property in such a manner as to jeopardize the integrity or safety of the oil transmission line. In addition to the rights being acquired by the City herein, City shall have a perpetual, non - exclusive easement and right of way for access purposes over the property owners' remaining lands to the lands upon which the oil transmission pipeline herein is situated; such access ease- ment may be used by City, its successors and assigns and their employees, whenever and wherever necessary for the purpose of obtaining ingress or egress to the oil transmis- sion line easements or any other easements owned by the City, whether located on the property owners' property or on other properties, even if such other properties are not adjacent to owners' property. This Oil Transmission Pipeline and Access Easement shall continue for so long as oil, gas, or other hydrocarbon substances are transmitted in paying quantities through the oil transmission line located on the lands described in Exhibit "A" hereto attached. This easement and the provisions contained therein shall be binding upon the heirs, successors, administrators, personal representatives and assigns of the parties hereto. -2- s DESCRIPTION Oxbow Oil Production Condemnation All those certain lands situated in the County of Orange, State of California, more particularly described as follows: PARCEL "E ": A strip of land 30.00 feet in width, the centerline of which is described as follows: Beginning at the southeasterly terminus of a course in the centerline of a 30.00 foot easement for sewer and road purposes per Superior Court Case No. 24769 shown as "North 76 °32'23" West, 1596.18 feet" on a map filed in Book 65, Pages 31 through 36 of Records of Surveys in the Office of the County Recorder of said Orange County; thence North 28040156" Nest, 481.09 feet to a tangent curve concave easterly and having a radius of 280. 00 feet; thence northwesterly along said curve 173.49 feet through a central angle of 3.5 °30'00 ". The sidelines of said strip of land shall be lengthened or shortened so as to terminate southerly in the northeasterly line of said 30. 00 foot ease- ment for sewer and road purposes. CONTAINING 0.451 Acres, more or less EXHIBIT. "A" m I Iz M Pp -4 w m yD iZ or Z, z O z rl 1 Eli LjL-j I r , L , -JE F-I F rl 1 Eli JK -MM 12/22/80 (H) PARCEL NO. H (Subsurface Pass - Through Easement) The property and property rights being acquired as Parcel H by the condemnor City of Newport Beach, a municipal corporation (hereinafter referred to as the "City ") from the condemnees (hereinafter referred to as "Owners" are as follows: A perpetual, non - exclusive easement and right of way to drill, test, complete, equip, maintain, repair, clear, re- drill, deepen, operate, produce, dismantle (remove casing and other equipment from), plug and abandon under and through the subsurface of that certain real property herein- after described 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 Ex- hibit "A" hereto and such description by this refer- ence is made a part hereof as though set forth at length. A plat showing the area affected by such easement is attached hereto as Exhibit "B." The rights acquired by the City are for the purpose of drilling for, producing, extracting, taking, and removing oil, gas and other hydrocarbon substances by means of slant holes or wells drilled through and beneath the lands des- cribed in Exhibit "A," into tide waters beneath the Pacific Ocean and connecting waters; provided, however, that the provisions herein shall not entitle the City, in any of its operations hereunder, to use any part of the owners' real property on the surface of the lands described iii Exhibit "A" attached hereto, or to bottom any well within the boundaries of the owners' real property. In this regard, this grant is made on condition that, and owners hereby reserve for themselves, the right and the right to permit others, to drill through owners' real property; provided, however, that neither the rights set forth above in this paragraph nor any operations carried on thereunder shall interfere with the right of the City to drill, test, complete, 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 the owners' real property a well or wells which may be or are bottomed outside of the boundaries described in Exhibit "A" hereto. i The City, in its drilling and production operations, shall use and install materials of good quality and condi- tion, and all wells shall be drilled and maintained by the City in the best workmanlike manner and in accordance with good oil field practice, and all water sands encountered therein shall be, effectively and in a proper manner, plugged off; all drilling and other operations of the City 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 Owners; and the City shall take all reasonably necessary precautions to prevent the discharge or escape of mud, oil, debris or other matter onto the beach or adjoining property or into the waters of the Pacific Ocean. This Subsurface Pass- Through Easement shall continue for so long as oil, gas or other hydrocarbon substances are produced through the subsurface of the lands described in Exhibit "A" attached hereto from wells bottomed outside the boundaries of the land in Exhibit "A" hereto. 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. -2- s i DESCRIPTION Oxbow Oil Production Condemnation All those certain lands situated in the County of Orange, State of California, more particularly described as follows: PARCEL "H ": Beginning at the northwesterly terminus of the course shown as, "North 60 °26'28" West 576.24 feet" and entitled "North line of Mean High Tide, Rec. 9/19/28, Bk. 201 -253, O.R., Ora. Co. Sup. Court Case No. 23686" on a map filed in Book 27, Page 47 of Records of Surveys in the Office of the County Recorder of Orange County, California, said point of beginning being a point in the boundary line of the land described in the parcel entitled "EXIiIBIT II TO SUBSURFACE EASEMENT" recorded in Book 2627, Page 86 of Official Records of said County; thence along said last mentioned boundary line North 20 °11'42" West 100.94 feet to a point in the existing Newport Beach City Boundary as shown on a map filed in Book 65, Pages 31 through 36 of said Records of Surveys being a point on a non - tangent curve in the northerly line of West Coast Highway con- cave northerly and having a radius of 950.00 feat, a radial line from said point bears North 60 58'30" East; thence easterly along said curve and City Boundary 4.35 feet through a central angle of 0 °15'45 ";thence tang- ent from said curve, continuing along said City Boundary South 83 017115" East 285.05 feet; thence leaving said City Boundary South 120 59157" East 240.83 feet to said course shown as "North 604 26128" West 576.24 feet." on said map filed in Book 27, Page 47 of Records of Surveys; thence along said course North 600 28113" West 352. 53 feet to the POINT OF BEGINNING. CONTAINING 1.017 Acres, more or less. EJ:HIBIT "A" „L �� I L1 t•91. I .� Y �•,1y L�. �� I� ! Z . III• A .n Oi /`1pY~ M'Mii Mid ? I LL ^ O 9. •.n” iii fi � f I i ° I � S •b� f i0a 'I lil S .t9..a. f W 5 ..if �. O'= I1f aM ♦ -' w W � w b m yy O Y 2 W 1>< Z O i ^n n3 r z � e Y.J N ?. Q o4 np • Or zY J 2 C _ ri s ZO 0.7 a o °.a 4, •O y �o _ 5a La i � u FL Y 'v 2 I s W l__ 1, W , •b °' • � u � o I`r IS NOM.1M . , LU co W • ^Gd.s�.w.51 .1�. i � W� 1 I `w. •° M W l r l =_ Q °• I.IY b� O C< aIM19n r S 0 i \N Iii(Y LOf.L SfM1 '� Qm< � _ K W Wm ^ ; z AL m a Y'Q z A 'Otl 41N i W� O y yo i W �r 0o ritr° z•U zp Lu 4Fmi Parcel AB -1 JK -MM 12/22/80 (Above Surface and Subsurface Oil Production Equipment) A fee simple interest in certain personal property, comprising above - surface pumping units, pipelines, electri- cal facilities, and appurtenant oil production equipment, as well as subsurface pumps, casings, lines, and rods, more particularly described in Exhibits "A" and "B" hereto, and such descriptions by this reference are made a part hereof as though set forth at length. Whenever the term "above- surface equipment" is used herein, such term shall describe and include the facilities and appurtenances more particularly described in Exhibit "A" attached hereto. Whenever the term "subsurface equipment" is used herein, such term shall describe and include the facilities and appertenances more particularly described in Exhibit "B" hereto attached. The above- surface equipment and subsurface equipment acquired herein is situated in and upon the lands described as Parcels A and B, and beneath the subsurface of the lands described as Parcels F, G, SP -1, SP -2, and H. The legal description of the lands upon which the above - surface equipment is located and beneath which the subsurface equipment is located is attached hereto as Exhibit "C." A plat showing the lands upon which the above- surface equip- ment is located and beneath which the subsurface equipment is located is attached hereto as Exhibit "D ". EXHIBIT "A" EQUIPMENT Well No. 1 1 Lufkin TC -33TR Pumping Unit, Size 160 1 20 horsepower Fairbanks- Morse Electric Motor 11 No. 2 1 Lufkin TC -44AR Pumping Unit, Size 114 1 20 horsepower Fairbanks -Morse Electric Motor Well No. 3 1 Lufkin TC -4415A Pumping Unit, Size 114 1 15 horsepower Westinghouse Electric Motor Well No. 4 1 Lufkin TC -4415A Pumping Unit, Size 114 1 15 horsepower Fairbanks -Morse Electric Motor Well No. 5 1 Lufkin TC -44 Pumping Unit, Size 114 1 20 horsepower Fairbanks- Morse Electric Motor Well No. 6 1 Lufkin TC44R Pumping Unit, Size 114 1 20 horsepower Fairbanks -Morse Electric Motor Well No. 7 1 Lufkin TC -2TR Pumping Unit, Size 160 1 40 horsepower Neuman Electric Motor Well No. 8 1 Lufkin TC 44R Pumping Unit, Size 114 1 20 horsepower Fairbanks -Morse Electric Motor Well No. 9 1 Lufkin TC -44TR Pumping 'Unit, Size 114 1 20 horsepower Fairbanks -Morse Electric Motor EXHIBIT "A" -1- Well No. 10 1 Lufkin TC -44TR Pumping Unit, Size 114 1 20 horsepower Fairbanks -Morse Electric Motor Well No. 11 1 Lufkin TC -44R Pumping Unit, Size 114 1 20 horsepower Fairbanks -Morse Electric Motor Well No. 1.2 1 Lufkin TC -44TR Pumping Unit, Size 80 1 20 horsepower Fairbanks -Morse Electric Motor Well No. 13 1 Lufkin TC -ILCR Pumping Unit, Size 228 1 15 horsepower motor Well No. 14 1 Lufkin TC -114DA Pumping Unit, Size 114 1 15 horsepower Fairbanks -Morse Electric Motor Well No. 15 1 Lacy ABA - 456 -30 Pumping Unit, Size 456 (320 air balance) 1 40 horsepower Fairbanks -Morse Electric Motor Well No. 16 1 Bethlehem 228- D- 1026HS Pumping Unit, Size 228 1 7.5 horsepower Electric Motor Miscellaneous Equipment 4300 feet of 4" diameter steel pipeline from Well Nos. 13, 15 and 16 to tank farm 500 feet of 6' ht. 9 ga. chain link fence One 600 amp (Square D) master switch for Well Nos. 1 through 12 and 14 EXHIBIT "A" -2- Thirteen separate starters and switches for Well Nos. 1 through 12 and 14 One transformer and meter coil can (2' x 3.5' x 1' deep) for Well Nos. 1 through 12 and 14 One meter and switch shed for 200 amp (Zinslo) master switch for Well Nos. 13, 15 and 16 Three combined starters and switches for Well Nos. 13, 15 and 16 EXHIBIT "A" -3- Oil Well No. 1 EXHIBIT "B" SUBSURFACE EQUIPMENT ITEM 20" Casing, Conductor 13 -3/8" Casing 7" Casing, 23 #, J -55 5 -1/2" Liner, 17 #, Smis 2-7/8" Tubing 3/4" Sucker Rods 7/8" Sucker Rods 2- 1/2x2xl2 Fluid Packed Oil Well No. 2 ITEM oil well pump RWK 20" Casing, Conductor 13 -3/8" Casing, 54 #, J -55 9 -5/8" Casing, 36 #, J -55 7" Casing, 23 #, J -55 5 "'Liner, 18 #, N -80, SFJ 2 -7/8" Tubing, 6.5 #, J -55 3/4" Sucker Rods 7/8" Sucker Rods 2- 1 /2x2xl- 1/4x12 Sargent oil well pump Oil Well No. 3 ITEM 20" Casing, Conductor 13 -3/8" Casing, 54 #, J -55 9 -5/8" Casing, 36 #, J -55 5 -1/2" Liner, 17 #, J -55 2 -7/8" Tubing, 6.5 #, J -55 3/4" Sucker Rods 2 -1 /2x1- 1 /2x10xl4 Fluid Packed oil well pump EXHIBIT "B" -1- QUANTITY 48' 491' 4287' 185' 2830' 2310' 1320' 1 QUANTITY 40' 499' 2818' 3851' 131' 3330' 2460' 1020' 1 QUANTITY 48' 336' 2821' 174' 2790' 4230' 1 Oil Well No. 4 ITEM QUANTITY 20" Casing, Conductor 40' 13 -3/8" Casing, 54 #, J -55 313' 7" Casing, 23 #, J -55 2877' 7" Perforated casing, 23 #, J -55 616' 2 -7/8" Tubing, 6.5 #, J -55 3090' 3/4" Sucker Rods 2700' 2- 1/2x1- 1/2x8xl2 Sargent oil well pump 1 Oil Well No. 5 ITEM QUANTITY 20" Casing, Conductor 40' 13 -3/8" Casing, 54 #, J -55 317' 7" Casing, 23 #, J -55 4434' 5 -1/2" Liner, 17 #, J -55 175' 2 -7/8" Tubing, 6.5 #, J -55 3660' 3/4" Sucker Rods 4440' 2 -1 /2x1- 1/2x12 Sargent oil well pump 1 Oil Well No. 6 ITEM QUANTITY 20" Casing, Conductor 39' 13 -3/8" Casing, 54 #, J -55 312' 8 -5/8" Converted Line Pipe, 28.55 #, EW 3544' 8 -5/8" Casing 560 5 -1/2" Liner, 17 #, J -55 48B' 2 -7/8 Tubing, 6.5 #, J -55 4500' 3/4" Sucker Rods 2820' 7/8" Sucker Rods 1560' 2 -1 /2x1- 3/4x11 Fluid Packed oil well pump 1 Oil Well No. 7 ITEM QUANTITY 20" Casing, Conductor 39' 13 -3/8" Casing, 54 #, H -40 360' 7" Casing, 23 #, J -55 6257' 5 -1/2" Liner, 19.81 #, J -55 372' 2 -7/8" Tubing, 6.5 #, J -55 6360' 3/4" Sucker Rods 3360' 7/8" Sucker Rods 1620' 1" Sucker Rods 1020' 2- 1 /2xlbxl- 1/4x13 Fluid Packed oil well pump 1 EXHIBIT "B" -2- Oil Well No. 8 ITEM QUANTITY 20" Casing, Conductor 39' 13 -3/8" Casing, 48 #, H -40 519' 7" Casing, 23 #, J -55 4139' 5 -1/2" Liner, 17 #, J -55 547' 2 -7/8" Tubing, 6.5 #, J -55 4110' 3/4" Sucker Rods 3960' 2- 1/2x1- 3/4x10xl2 Fluid Packed oil well pump 1 Oil well No. 9 ITEM QUANTITY 20" Casing, Conductor 39' 13 -3/8" Casing, 48 #, H -40 407' 7" Casing, 23 #, J -55 4387' 2 -7/8" Tubing, 6.5 #, J -55 4360' 3/4" Sucker Rods 4530' 2 -1 /2x1- 3/4x12 Sargent oil well pump 1 Oil Well No. 10 ITEM QUANTITY 20" Casing, Conductor 40' 11 -3/4" Casing, 42 #, H -40 412' 7" Casing, 23 #, J -55 3120' 2 -7/8" Tubing, 6.5 #, J -55 3360' 3/4" Sucker Rods 3630 2- 1/2x2xl3 Fluid Packed Oil Well Pump 1 Oil Well No. 11 ITEM QUANTITY 20" Casing, Conductor 35' 11 -3/4" Casing, 42 #, H -40 407' 7" Casing, 23 #, J -55 3759' 2 -7/8" Tubing, 6.5 #, J -55 3127' 3/4" Sucker Rods 3060 2- 1/2x2xl2 Fluid Packed oil well pump 1 2 -3/8 ", 4.7 #, EUE Tubing 809' EXHIBIT "B" -3- Oil Well No. 12 ITEM 20" Casing, Conductor 13 -3/8" Casing, 54 #, J -55 9 -5/8" Casing, 36 #, J -55 7" Casing, 23 #, J -55 2 -7/8" Tubing, 6.5 ", J -55 3/4" Sucker Rods 2 -1 /2x1- 3/4x15 Fluid Packed Oil Well Pump Oil Well No. 13 ITEM 20" Casing, Conductor 13 -3/8" Casing, 48 #, J -55 7" Casing, 23 #, J -55 2 -7/8" Tubing, 6.5 ", J -55 3/4" Sucker Rods 7/8" Sucker Rods 2- 1/2x1- 3/4x10xl2 Sargent oil well pump Oil Well No. 14 ITEM 16" Casing, Conductor 11 -3/4" Casing, 42 #, H -40, 8 its. 7" Casing, 23 #, J -55, 60 its. 4 -1/2 Casing, 11.6 #, J -55, 64 its. 2 -7/8" Tubing, 6.5 #, J -55 2 -3/8" Tubing, 4.7 #, J -55 3/4" Sucker Rods 7/8" Sucker Rods 2x1- 1/2x16 Fluid Packed oil well pump Oil Well No. 15 QUANTITY 40' 442' 2257' 2993' 3210' 2760' 1 QUANTITY 40' 525' 6013' 3920' 4380' 2040' 1 QUANTITY 40' 327' 2549' 2085' 1696' 4140' 2280' 1410' 1 ITEM QUANTITY 20" Casing, Conductor 40' 11 -3/4" Casing, 42 #, H -40, 13 its. 505' 7" Casing, 23 #, J -55, 147 its. 6120' 2 -7/8" Tubing, 6.5 #, J -55, 200 its. 3800' 3/4" Sucker Rods 3060' 7/8" Sucker Rods 1770' 1" Sucker Rods 1530' 2- 1/2x2xl6 Fluid Packed oil well pump 1 EXHIBIT "B" -4- Oil well No. 16 ITEM 20" Casing, Conductor 11 -3/4" Casing, 42 #, H -40 7" Casing, 23 #, J -55 2 -7/8" Tubing Sucker Rods Oil well Pump EXHIBIT "B" -5- QUANTITY 40' 511' 6622' 3750' 1 All those certain lands situated partly in the City of Newport Beach and partly in the unincorporated territory of the County of Orange, State of California, more particularly described as follows; PARCEL A; Beginning at a point in that certain course in the existing Newport Beach City Boundary shown as "South 4 °31'33" East, 439. 65 feet" 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 distant thereon South 4 °31'33" East, 100.59 feet from the northwesterly terminus thereof; thence along said city boundary through the following courses: South 4031133" East, 339.06 feet; thence South 200 11142" East, 269. 65 feet to a point on a non - tangent curve in the northerly line of West Coast Highway concave northerly and having a radius of 950.00 feet, a radial line from said point bears North 6 058130" East; thence easterly along said curve 4,35 feet through a central an7le of 0° 15145 "; thence tangent from said curve South 83617'15 ' East, 285.05 feet; thence leaving said city boundary North 120 59157" West, 200. 50 feet; thence South 77° 00103" West, 60. 00 feet; thence North 126 59157" West, 500.00 feet; thence South 77 °00'03" West, 196.26 feet to the POINT OF BEGINNING. CONTAINING 3. 559 Acres, more or less PARCEL B: Beginning at a point . in that certain course in the existing Newport Beach City Boundary shown as "South 68 °22'45" East, 756.00 feet "on a map filed in Book 65, Pages 31 through 36 of Records of Surveys in the Office of the County Rcc rder of said County distant thereon South 680 22145" East, 280.00.feet from the northwesterly terminus thereof; thence along said city boundary South 68 °22'45" East, 300.00 feet; thence leaving said city boundary North 210 37115" East, 250. 00 feet; thence North 680 22145" West, 300.00 feet; thence South 21 °37'15" West, 250.00 feet to the POINT OF BEGINNING. CONTAINING 1. 722 Acres, more or less 1'A.i10EL "C" A strip of land 30:00 feet in width, the centerline of which is described as follows: Beginning at a point in that certain course in the centerline of a 30.00 foot easement for sewer and road purposes per Superior Court Case No. 24769 shown as "North 76° 32' 23" West, 1596. 18 feet ' 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 distant thereon South 76° 32123" East, 148.00 feet EXHIBIT C CONTAININNG 2.569 Acres, more or less PARCEL "D ": A strip of land 30.00 feet in width, the centerline of which is described as follows: Beginning at a point in that certain course in the centerline of a 30.00 foot easement for sewer and road purposes per Superior Court Case No. 24769 shown as "North 76 °32'23" West, 1596.18 feet" 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 distant thereon South 76 032123" East, 168.16 feet from the northwesterly terminus thereof: thence . South 30 18'27" East, 303. 61 feet to a tangent curve concave westerly and having a radius of 515.00 feet; thence southerly along said curve 202. 03 feet through a central angle of 22° 28'37 "; thence tangent from said curve South 190 10110" West, 445.35 feet to the northeasterly line of the hereinabove described Parcel "B ". The sidelines of said strip of land shall be lengthened or shortened so as to terminate northerly in the southwesterly line of said 30.00 foot ease- ment for sewer and road purposes and southerly in said northeasterly line of the hereinabove described Parcel "B ". CONTAINING 0. 644 Acres, more or less PARCEL "E ": A strip of land 30.00 feet in width, the centerline of wbich is described as follows: Beginning at the southeasterly terminus of a course in the centerline of a 30.00 foot easement for sewer and road purposes per Superior Court Case No. 24769 shown as "North 76 °32123" West, 1596.18 feet" on a map filed in Book 65, Pages 31 through 36 of Records of Surveys in the Office of the County Recorder of said Orange County; thence North 28 °40'56" Nest, 481.09 feet to a tangent curve concave easterly and having a radius of 280. 00 feet; thence northwesterly along said curve 173.49 feet through a central angle of 35 030100 ". EXHIBIT C from the northwesterly terminus thereof; thence along said centerline as shown on said record of survey map through the following courses: South 76 032123" East, 1448.18 feet; thence South 32 055145" East, 521.40 feet; thence South 27° 15115" East, 595. 00 feet; thence South 14 °36'45" East, 264.00 feet; thence South 5 °33'45" West, 217. 00 feet; thence South 12° 59157" East, 684. 52 feet to the northwesterly line of the hereinabove described Parcel "A ". CONTAININNG 2.569 Acres, more or less PARCEL "D ": A strip of land 30.00 feet in width, the centerline of which is described as follows: Beginning at a point in that certain course in the centerline of a 30.00 foot easement for sewer and road purposes per Superior Court Case No. 24769 shown as "North 76 °32'23" West, 1596.18 feet" 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 distant thereon South 76 032123" East, 168.16 feet from the northwesterly terminus thereof: thence . South 30 18'27" East, 303. 61 feet to a tangent curve concave westerly and having a radius of 515.00 feet; thence southerly along said curve 202. 03 feet through a central angle of 22° 28'37 "; thence tangent from said curve South 190 10110" West, 445.35 feet to the northeasterly line of the hereinabove described Parcel "B ". The sidelines of said strip of land shall be lengthened or shortened so as to terminate northerly in the southwesterly line of said 30.00 foot ease- ment for sewer and road purposes and southerly in said northeasterly line of the hereinabove described Parcel "B ". CONTAINING 0. 644 Acres, more or less PARCEL "E ": A strip of land 30.00 feet in width, the centerline of wbich is described as follows: Beginning at the southeasterly terminus of a course in the centerline of a 30.00 foot easement for sewer and road purposes per Superior Court Case No. 24769 shown as "North 76 °32123" West, 1596.18 feet" on a map filed in Book 65, Pages 31 through 36 of Records of Surveys in the Office of the County Recorder of said Orange County; thence North 28 °40'56" Nest, 481.09 feet to a tangent curve concave easterly and having a radius of 280. 00 feet; thence northwesterly along said curve 173.49 feet through a central angle of 35 030100 ". EXHIBIT C . , . V The sidelines of said strip of land shall be lengthened or shortened so as to terminate southerly in the northeasterly line of said 30. 00 foot ease- ment for sewer and road purposes. CONTAINING 0.451 Acres, more or less PARCEL "F ": Beginning at the intersecfionof the northeasterly prolongation of the center- line of 61st Street, 30 feet in width, as shown on a map of the "Ocean Front . Tract, Newport Beach" recorded in Book 4, Page 12 of Miscellaneous Maps in the Office of the County Recorder of said County with the north- easterly boundary line of said 'Ocean Front Tract ", said point of begin- ning being a point in the boundary line of the land described in the parcel entitled "EXHIBIT II TO SUBSURFACE EASEMENT" recorded in Book 2627, Page 86 of Official Records of said County; thence along said last mentioned boundary line through the following courses: North 35 °07'35" East, 120.05 feet to the intersection of the southwesterly prolongation of the centerline of 61st Street as shown on a map of "River Section, Newport Beach" recorded in Book 4, Page 25 of said Miscellaneous Maps with the Southwesterly boundary line of said "River Section ", said southwesterly boundary line being the southwesterly right -of -way line of the Southern Pacific Railroad; thence along said southwesterly prolongation, said centerline and the northeasterly prolongation thereof North 34 024157" East, 901.10 feet to an intersection with the Newport Beach City Boundary 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 city boundary South 1 °36'30' West, 244.09 feet to an angle. Point therein; thence continuing along said city boundary South 40 31133' East, 439. 65 feet to an angle point therein; thence continuing along said city boundary and the southeasterly prolongation thereof South 200 11'42" East, 370. 59 feet to the northwesterly terminus of the course shown as "North 60°26'23" West 576.24 feet" and entitled "North Line of Mean High Tide, Rec. 9/19/28, Bk. 201 -253, OR, Ora. Co. Sup. Court Case No. 23686" on a map filed in Book 27, Page 47 of said Records of Surveys, which point is in the Southerly line of the 80 foot California State Highway as describe' in a deed recorded in Book 508, Page 65 of Deeds, records of say County, said point being South 830 17115" East as measured along said Southerly line 115.62 feet from its intersection with the centerline running North and South through Section Twenty- nine, Township Six South, Range Ten West, S. B. M. ; thence along said course South 600 28113" East, 468. 00 feet; thence South 11° 00' 12" West, 396. 95 feet to the intersection of the southwesterly prolongation of the South- easterly line of Lot 5 in Block 54 of said 'Ocean Front Tract, Newport Beach" with the centerline of Ocean Front (formerly Ocean Avenue) as said street is shown on said map of the "Ocean Front Tract "; thence South 11 °00'12" Nest, 248.30 feet, more or less, to an intersection with the ordinary low water mark of the Pacific Ocean; thence along said ordinary low water mark North 58 °49'05" West, 1010. 89 feet to an intersection with the southwesterly prolongation of the northwesterly line of Block A -58 as shown on said map of the ' Ocean Front Tract "; thence continuing along said ordinary low water mark North 59010105" West. 420.38 feet to an EXHIBIT C f ' intersection with the southwesterly prolongation of the northwesterly line of Block A -60 as shown on said map of the "Ocean Front Tract "; thence along said southwesterly prolongation, said northwesterly line of Block A -60 and the northeasterly prolongation thereof and the centerline of said 61st Street and the northeasterly prolongation thereof North 33 °29'45 "East, 376.20 feet, more or less, to the point of beginning. CONTAINING 23.404 Acres, more or less PARCEL "G "; Beginning at the intersection of the centerline of Ocean Front (formerly Ocean Avenue) as said street is shown on a map of the Seashore Colony Tract recorded in Book 7, Page 25 of Miscellaneous Maps in the Office of the County Recorder of said County with the northwesterly boundary line of the City of Newport Beach, said northwesterly boundary line being the southeasterly line of Summit Street, 30.00 feet in width, as shown on said map of the Seashore Colony Tract, said point of beginning being a point in the boundary line of the land described in the parcel entitled EXHIBIT A TO SUBSURFACE EASEMENT" recorded in Book 2824, Page 391 of Official Records of said County; thence along said last mentioned boundary line through the following courses: along said northwesterly boundary line of the City of Newport Beach North 35-57130" East 472.31 feet to the centerline of the Santa Ana River as described in Case No. 22797 of the SuperiorCourtof the State of California in and for the County of Orange and as shown on a 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, 515170 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 °44151" West 148.87 feet to a point on a curve in the centerline of Canal Street as said street is shown on said map of Tract No. 772, said curve being concave northerly and having a radius of 685. 00 feet; thence easterly along said curve and centerline 10. 63 feet through a central angle of 0053'21" to the centerline of Fern Street as said street is shown on said map of Tract No. 772; thence along said centerline of Fern Street South 35 °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 . northeasterly line of Lot 10 and the southeasterly prolongation thereof i South 54 009100" East, 104.94 feet to the centerline of the 10 foot alley ; in said Block 8; thence along said centerline of the 10 foot alley South 35°51'00" West, 90.00 feet to the southwesterly line of said Tract No. 772 and a point in the centerline of the 10 foot alley in Block 8 of said Seashore Colony Tract; thence along said centerline of the 10 foot alley in Block 8 South 35 °47111" West, 120.00 feet to the northwesterly prolongation of the northeasterly line of Lot 4 in Block 8 of said Sea- shore Colony Tract; thence along said northwesterly prolongation, said EXHIBIT C northeasterly line and the southeasterly prolongation thereof South 54009'00' 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 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 35'57130" West, 276.10 feet to said .centerline of Ocean Front as said street is shown on said map of the Seashore Colony Tract; thence along said centerline North 550 51130" West, 1520. 68 feet to the POINT OF BEGINNING. CONTAINING 21.383 Acres, more or less PARCEL "H" Beginning at the northwesterly terminus of the course shown as "North 60026'28" West 576.24 feet" and entitled "North line of Mean High Tide, Rec. 9/19/28, Bk. 201 -253, O.R., Ora. Co. Sup. Court Case No. 23686" on a map filed in Book 27, Page 47 of Records of Surveys in the Office of the County Recorder of Orange County, California, said point of beginning being a point in the boundary line of the land described in the parcel entitled "EXHIBIT II TO SUBSURFACE EASEMENT of recorded in Book 2627, Page 86 of Official Records of said County; thence along said last mentioned boundary line. North 20° 11'42" West 100.94 feet to a point in the existing Newport Beach City Boundary as shown on a map filed in Book 65, Pages 31 through 36 of said Records of Surveys being a point on a non - tangent curve in the northerly line of West Coast Highway con- cave northerly and having a radius of 950.00 feet, a radial line from said point bears North 6° 58'30" East; thence easterly along said curve and City Boundary 4.35 feet through a central angle of 0'15'45"; thence tang- ent from said curve, continuing along said City Boundary South 83017115" East 285.05 feet; thence leaving said City Boundary South 12° 59157" East 240.83 feet to said course shown as ''North 60036138" West 576.24 feet." on said map filed in Book 27, Page 47 of Records of Surveys; thence along said course North 600 28'13" West 352. 53 feet to the POINT OF BEGINNING. CONTAINING 1.017 Acres, more or less.. EXHIBIT C �Oo r J 1, n 1 { 1 3 xf 2 . is e,xa 3: 1` u . I' f Y iy? E. C'r ;Y(1 0 'i TW - L X W x V Q QI Q � i� z r. LL iO V— t w x o< Ig I: - ;-: ;� By the GfY wuw::IL CITY Qf rt W T RGAE1d TO: CITY COUNCIL FROM: Utilities Director SUBJECT: WEST NEWPORT OIL WELLS CONDEMNATION OF OIL PRODUCTION RIGHTS RECOMMENDATIONS: December 8, 1980 CITY COUNCIL AGENDA ITEM NO. D -1 1. Hold public hearing. 2. Accept the Environmental Documents. 3. Adopt a Resolution of Necessity to condem for public use existing subsurface easements for oil production purposes. DISCUSSION: On January 25, 1981 the present operating agreement between the City and the Armstrong Petroleum Corporation (APC) to operate the oil wells in West Newport will expire. At expiration the agreement provides: 1. That upon the City's written request, the Contractor (APC) will assign to the City operating rights and easements used in connection with the performance of the contractor's operation. 2. That upon the City's written request, the contractor (APC) will sell to the City at fair market value the surface facilities used in connection with the performance of the Contractor's operation. 3. All strings of casing and fixtures below the surface shall remain the property of the City. In accordance with the terms of the agreement, the City has notified APC that it intends to terminate the agreement and has (1) requested in writing that the required operating rights and easements be transferred to the City and (2) offered to buy at fair market value the required surface facilities used in connection with the Contractor's operation. At termination of the operating would be an orderly and smooth transition Armstrong Petroleum Corporation has taken tion of complying with the terms of the a threaten the plugging of the wells if the them. agreement the City had hopes that there of the property interests, however the the position that they have no inten- 3reement and have even gone as far as to City does not renew the agreement with In an effort to assure continued production after January 25, 1981 and to prevent any attempts to plug the wells an eminent domain action has been recommended. O L -S- 9b 0 16 C ' 8 1980 By fha CITY COUNCIL CITY OF NEWPORT BEACH ! e RESOLUTION NO. 99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHOR.IUNG AND DIRECTING THE CONDEMNATION OF CERTAIN'''REAL PROPERTIES IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY THEREFOR WHEREAS, the City of Newport Beach is authorized by virtue of the statues of the State of California to take proper- ties by condemnation and to hold, use and enjoy these properties as necessary to the full exercise of its power; and WHEREAS, the City of Newport Beach is authorized by virtue of Code of Civil Procedure Sections 1240.010, 1240.110, 1240.120, 1240.320, 1240.330, 1240.350, 1240.410, 1240.420, 1240.510 and 1240.610 and Government Code Sections 40404, 37350, 37350.5, 39792 and 54341 to take property by condemnation for oil drilling, pass- through and production purposes; and WHEREAS, all persons whose names and addresses appear on the last equalized assessment roll for the properties described herein were given notice and an opportunity to be heard pursuant to Code of Civil Procedure Section 1245.235; and WHEREAS, a public hearing was held by the City Council of the City of Newport Beach on December 8, 1980, at which time the matters set forth in Code of Civil Procedure Section 1240.030 were discussed, including the following matters: (a) Whether the public interest and necessity require the project; (b) Whether the project is planned and located in the manner that will be most compatible with the great- est public good and the least private injury; and (c) Whether the properties sought to be acquired (which" are described herein) are necessary for the project, NOW, 'THEREFORE, the City Council of the City of Newport Beach does hereby resolve and find as follows: 1. That the City Council, pursuant to Government Code Sections 40404, 37350, 37350.5, 39792 and 54341 and Code of Civil Procedure Sections 1240.010, 1240.110, 1240.120, 1240.320, 1240.330, 1240.350, 1240.410, 1240.420, 1240.510 and 1240.610, is empowered to condemn any property necessary to fulfill and carry out the duties of the City. The City Council finds that the acquisition of the herein described properties is necessary to carry out the duties of the City by drilling for and producing oil from the City -owned submerged tideland areas within the City of Newport Beach, which submerged tidelands were conveyed in trust to the City by the State of California pursuant to Chapter 74, Statutes 1978. 2. That the City Council of the City of Newport Beach hereby finds and determines that the public interest and neces- sity require for public use the acquisition of the real proper- ties herein described. The City Council further finds that the public interest and necessity require the proposed project which consists of the acquisition, construction, operation and main- tenance by the City, of certain public improvements, to wit: slant - drilled wells and casings for the production of oil and gas from the City's submerged tidelands trust areas. 3. That the properties described herein are located within the City and are necessary for the proposed project, that E s 0 the public interest requires the proposed project and that the project is located in a manner most compatible with the greatest public good and the least private injury. A description of the general location and extent of the properties to be taken with sufficient details for reasonable identification, together with the specific description of each parcel, are set forth in Exhibit "A" attached hereto and by this reference incorporated herein as though set forth at length. 4. That the interests to be acquired in the real prop- erty are described in the description of each parcel set forth in Exhibit "A." 5. In the event negotiations for the purchase of the properties described in Exhibit "A" are unsuccessful, the law firm of Rutan & Tucker and /or Homer L. McCormick, Jr., Attorney at Law, special counsel for the City of Newport Beach, and /or Hugh R. Coffin, City Attorney for the City of Newport Beach, are hereby directed to bring action in the Superior Court of the State of California in the name of the _City of Newport Beach, to condemn, by eminent domain proceedings, these properties. These attorneys are authorized and, upon instruction by the City Council, shall make an application to the above - entitled court for an order fixing the amount of security by way of money deposits as the court may direct and for an order permitting the City to take immediate possession and use of the herein described real properties for the uses and purposes described herein. 6. The law firm of Rutan & Tucker and /or Homer L. McCormick, Jr., Attorney at Law, and /or the City Attorney or the City of Newport Beach are hereby empowered to incur, in the name of the City of Newport Beach, all expenses and obligations inci- dental to the purposes of bringing and litigating such action. 3 16 ADOPTED this ATTEST: City Cler ote 8 dal of 1980. Mayor HRC/kv 120480 , I OWNER: ADDRESS: PARCEL NO: CI'T'Y Or NEWPORT BEACH November 21, 1950 RErE11`M Cl,y CLE K DES 1 19gD� j c!r of °tc1' no &ACH, CnIf. Subject: Notice of Intention of the City Council of the City of Newport Beach to Adopt a Resolution of Necessity Dear Inasmuch as your name and address appear in the last equalized assessment roll as one of the properties described herein, the City Council of the City of Newport Beach, pursuant to Code of Civil Procedure Section 1245.235, hereby gives you notice that it intends to adopt a Resolution of Necessity (condemnation resolution) at a meeting of the City Council of the City of Newport Beach to be held at 7:30 p.m. on December 8, 1980. The public use for which the property is to be taken pursuant to the resolution is that of a subsurface easement for oil production pass- through purposes. The purpose of this eminent domain action is to acquire the right to drill and operate new oil wells and continue the operation of previously drilled and producing oil wells 'on other prop- erty, and to pass casings beneath the surface of your property, provided that this casing is not and will not be installed within four hundred feet of the surface of your property, as measured vertically from the surface. This acquisition will not affect the surface use and enjoyment of your property in any manner whatsoever. The adoption of the resolution will be followed by the filing of an eminent domain (condemnation) action in Orange County Superior Court, which action will affect the sub- surface pass - through rights owned by you. Pursuant to the eminent domain action, an order of prejudgment possession giving the City the right to take possession of the sub-sur- face easement rights to be condemned will be sought. It is anticipated that these orders for possession will become effective three (3) days after the action is filed and served. Since the City of Newport Beach is contemplating filing its action in December of 1980, the orders for possession should become effective in December of 1980. nsa"o CITY OF NEWPORT BEACH The Resolution of Necessity which the City Council of the City of Newport Beach intends to adopt will contain a description of the general location and extent of the prop- erty to be taken. It will also contain a declaration that the City Council has found and determined each of the fol- lowing: (1) that the public interest and necessity re- quire the proposed project; (2) that the proposed project is planned or loca- ted in a manner that will be most compatible with the greatest public good and the least private injury; and (3) that the property described in the resolution is necessary for the proposed project. This notice is being sent to you by first - class mail, as required by law, and is addressed to the name and address which appears on the last equalized County Assessment Roll for each owner of property or property interests which are affected by the proposed taking. The purpose of this notice is to give you a reasonable opportunity to appear at the City Council meeting and be heard on the .following matters: (1) whether public interest and necessity require the project; (2) whether the project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; and (3) whether the property sought to be acquired is necessary for the project. You are hereby notified that you have a right to appear at the Newport Beach City Council meeting to be held on December 8, 1980, at 7:30 p.m., at the City Council Chambers located at 3300 Newport Boulevard, Newport Beach, Califor- nia, and to be heard on these matters. In order to exercise your right to appear and be heard, you must file a written request to appear and be heard with- in fifteen (15) days after this notice is mailed. (You should check the postmark of this letter for the date upon which it was mailed.) Such request should be filed at the office of the City Clerk of the City of Newport. Beach, loca- ted at 330.0 Newport Boulevard, Newport Beach, California, 92663. . Failure to file a written request to appear and be 0 • VFW P0, ° T CITE' OF NEWPORT BEACH c'U Fo aNP heard within fifteen (15) days after this notice has been mailed may result in a waiver of your right to appear and be heard. The City Council need not give an opportunity to appear and be heard to any person who fails to so file a written request. The City Council is proceeding to adopt a condemnation resolution, file an eminent domain action, and obtain orders of immediate possession at this time in order to insure that the property required for this project is available for the use by the City to continue the current production of oil upon the termination of an existing operating contract. This action by the City of Newport Beach is intended to benefit all of the residents of the City, both by generating substantial income to be used by the City to improve beaches and harbors within the City, and by producing this domestic oil so as to reduce our Nation's dependence upon imported oil. As previously mentioned, this condemnation action seeks to acquire only sub - surface pass- through rights, and will not affect your ownership, uses or enjoyment of the surface of your land. We regret any inconvenience which this proceeding may cause you. Notwithstanding the filing of the eminent domain action, negotiators representing the City of Newport Beach will attempt to acquire the property required by negotiated settlement. If the negotiators for the City have not already called upon you, they should do so in the near future to discuss settlement of this matter with you. If you have any questions regarding either the public hearing scheduled for 7:30 p.m. on December 8, 1980, or the purpose and scope of this condemnation proceeding, please contact the undersigned at (714) 640- 2220. Sincerely, CITY OF NEWPORT BEACH By `` / Jos / NeWporti Di, ector pn T. uevlin each Public Utilities SEP BY the C 1Y COUiVCIL CM, GP HffWP®BT gGACh TO: CITY COUNCIL FROM: Utilities Director SUBJECT: OIL TANK FARM RECOMMENDATION: so September 22, 1980 CITY COUNCIL AGENDA ITEM NO. H -2 (a) Adopt a Resolution in accordance with Section 1110 of the City Charter allowing the work, supplies and materials to be purchased on the open market. 2. Approve a budget amendment in the amount of $559,000 to provide funds for (a) the purchase and installation of equipment for a tank farm.to serve the City wells in West Newport, and (b) the acquisition of surface production equipment from APC. DISCUSSION: The City's present agreement with the Armstrong Petroleum Corporation (APC) to operate the City (Elliot) oil wells in West Newport will expire on January 25, 1981. As a result of a Council action taken on May 12, 1980 the Armstrong Petroleum Corporation was notified that because of the major changes in oil pricing and oil regulations it would not be in the City's best interest to renew the agreement. In order for the City to take over and maintain oil production the City must build and have in operation an oil tank farm, treatment facilities and shipping lines before January 25, 1981. The time required to meet this date is complicated by (1) the need to obtain regulatory permits, (2) the long lead time required to purchase the specialized oil field equipment (3) right of entry problems and (4) difficulties in negotiating with APC. To protect the City's rights and interests in the wells it is recommended that the Council adopt a resolution prepared by the City Attorney in accordance with Section 1110 of the Municipal Code. Passage of the resolution will allow the City to acquire work, supplies and materials on the open market. Approval of the re- solution will require at least five affirmative votes. The following is a preliminary cost estimate for the proposed work: Site preparation Foundations and pits Block firewall Fence 750 Barrel dehydration Gas Separator - $ 5,000 10,000 - 3,000 - 2,000 tank (l req'd) - 30,000 - 8,000 7.1 Oil Tank Farm September 22, 1980 Page 2 Heaters ( 3 req'd) 1000 Barrel shipping tank (2 req'd) Piping and valves Electrical service and meter Gas service and meter Water service and meter Sewer service Rental of waste water system (6 mos.) Air' Compressor Shipping pump Shipping lines 3" line from Wells 1 thru 12 & 14 to tank farm ( 6,000'@ $4.00 /ft) 5" line from tank farm to Chevron pump station (3000' @ $6.00 /ft) 4" line from A.P.C. tank farm to City tank farm (1000' @ $5.00 /ft) Sub total 15% Contingency TOTAL M 15,000 65,000 20,000 10,000. 1,000 2,000 1,000 15,000 2,000 3,000 24,000 18,000 - 5,000 $ 239,000 35,000 $ 274,000 In addition to the above costs, the existing operating agreement pro- vides that certain production equipment now owned by APC may be acquired by the City at "fair market value ". The following is an estimate of the "fair market value" of the equipment to be assigned to the City based on an appraisal made by an outside appraiser: 16 Oil well pumping units - $ 214,000 4" shipping line from Wells 13, 15 and 16 to APC tank farm (4300' x $1.80 /ft) - 8,000 Chain link fence - 1,000 Electrical equipment for Wells 1 thru 12 and 14 - 3,000 Electrical equipment for Wells 13, 15 and 16 2,000 $ 228,000 25% Contingency 57,000 TOTAL $ 285,000 GRAND TOTAL = $285,000 + $274,000 = $ 559,000 Oil Tank Farm September 22, 1980 Page 3 Because of the difficulty in negotiating with the Armstrong Petroleum Corporation some of the cost information and amount of equipment to be purchased from APC is only preliminary at this time. Additional cost figures will be given to the Council as better cost information is developed. All of the funds budgeted would be a loan from the General fund to the Tidelands Fund. Revenues from the sale of oil would be used to reimburse the General Fund. �Josep T. Devlin !Utilities Director JTD /bc SEP 22 1980 By the CITY COUNCIL CITY OF NIWXXT MACH RESOLUTION NO. 9 S8 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING WORK, SUPPLIES AND MATERIALS TO BE PURCHASED ON THE OPEN MARKET IN CONJUNCTION WITH THE ESTABLISHMENT OF AN OIL TANK FARM AND TREATMENT PLANT WHEREAS, the City Council of the City of Newport Beach finds and determines that it is in the best interest of the City to own, maintain and operate an oil tank farm and treatment plan in conjunction with the City wells producing oil and other hydro- carbons from City tidelands in the West Newport area; and WHEREAS, the existing agreement for the operation of the City's oil wells in West Newport will expire on January 25, 1981; and WHEREAS, in order for the City to continue oil produc- tion after January 25, 1981, it is essential that the City build and have in operation an oil tank farm and treatment plant on or about January 25, 1981; and WHEREAS, the lead time required for the construction and operation of an oil tank farm and treatment plant is con- trolled by the necessity to obtain regulatory permits, the time of which is beyond the control of the City, the long lead time required to purchase specialized oilfield equipment, and the necessity to acquire necessary property rights for the construc- tion, operation and maintenance of the oil tank farm and treat- ment plant is such that there does not exist sufficient time to comply with all the formal bidding requirements of the City's Charter and have the work completed on or near January 25, 1981; and WHEREAS, the City Council finds and determines that it is necessary, pursuant to Section 1110 of the Charter of the City Of Newport Beach for the preservation of property to permit the purchase of work, supplies and materials in conjunction with the oil tank farm and treatment plant on the open market without advertising for bids due to said long lead time required and fur- ther due to the fact that a termination of the oil production on or about January 25, 1981, could result in the loss of certain City rights to produce oil from its tidelands, to the great detriment of the citizens of the City of Newport Beach; and WHEREAS, the City Council further finds, in its opinion and based upon estimates from the City Manager, that the work in question may be better and more economically performed by the City with its own employees and that the work, supplies and mate- rials in conjunction with the proposed oil tank farm and treat- ment plant may be purchased more economically on the open market without advertising for bids, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the City Manager may proceed to have work done by City forces, that work, supplies and materials may be purchased on the open market in conjunction with the oil tank farm and treatment plant, and that no public bid need be had for any such work, supplies or materials due to the necessity for the preservation of property and the property interest of the City of Newport Beach in the tidelands oil, all pursuant to Sec- tion li10 of the Charter of the City of Newport Beach. Page 2 ATTEST: City Clerk ADOPTED this 22nd day of September, 1980. Mayor Page 3 HRC /kv 090880 I r 9 .1 M STUDY SESSION NO. 4(d) 4 PUBLIC RESOURCES CODE DIVISION 3 ARTICLE 4.51 HAZARDOUS WELLS SECTIONS 3238-3248 3238. Certain Wells Declared Public Nuisances; Declaration, The Legislature hereby finds and declares that certain hazardous oil and gas wells, as defined in this Article, are public nuisances and that it is essential, in order to protect life, health, property, and natural resources that such oil and gas wells be abandoned, reabandoned, produced, or otherwise remedied to mitigate, minimize or eliminate their danger to life, health, property and natural resources. The Legislature further finds and declares that although the abatement of such public nuisances could be accomplished by means of an exercise of the regulatory power of the state, such regulatory abatement would result in unfairness and financial hardship for certain landowners, while also resulting in benefits to the public. The Legislature therefore finds and declares that the expenditure of funds to abate such nuisances as provided in this Article is for a public purpose and finds and declares it to be the policy of this state that the cost of carrying out such abatement be borne by this state's producers of Oil and Gas as provided in this Article. 3239. Definition of "Certain Hazardous" Wells For purposes of this Article, a hazardous well is an oil or gas well that: (a) As determined by the supervisor presently poses a danger to life, health, property, or natural resources; and (b) Was drilled by an operator presently unknown to the Division of Oil and Gas, was drilled by an operator who is 1. E • defunct or no longer in business in California, or was drilled by an operator who no longer has any interest in the property on which such well is situated. 3240. Definition of "Natural Resources" As used in this Article, "natural resources" includes land, water, air, minerals, vegetation, wildlife, silence, historic or aesthetic sites, or any other natural resource which, irrespective of ownership, contributes, or in the future may contribute, to the health, safety, welfare, or enjoyment of a substantial number of persons, or to the substantial balance of an ecological community. 3241. Partial Invalidity If any provisions of this Article or the application thereof in any circumstances or to any person or public agency is held invalid, the remainder of this Article or the application thereof in other circumstances or to other persons or public agencies shall not be affected thereby. 3242. Construction This Article shall be liberally construed and applied to promote its underlying purposes. 3243.. Order and Contract by Supervisor Affecting Property on Which Such Well is Located (a) Notwithstanding any other provision of Division 3 of the Public Resources Code, the supervisor may order that any of the following operations be carried out on any property on which is located any well that the supervisor determines to be a hazardous well: 2. • 0 1. Any inspection of property or tests deemed necessary by the supervisor to determine what action, if any, would be appropriate to effectuate the purpose of this Article; well; 2. The abandonment of such a well; 3. The reabandonment of such a well; 4. The redrilling and production of an existing 5. The drilling and production of a well; 6. Any other remedy or oil field operation calculated to effectuate the purpose of this Article. (b) If, pursuant to this Article, the supervisor orders that any operation be carried out on property on which a hazardous well is located, and, as determined by the supervisor, such operation will, by virtue of the physical occupation or the extraction of all or any part of the property, substantially interfere with the enjoyment of the property, the supervisor shall acquire, as provided below, such interest in the property as is necessary to carry out such operation. (c) An order of the supervisor to carry out any of the operations listed in section 3243(a) may be appealed by the owner of the property pursuant to Public Resources Code sections 3350 et seq. except that in the case of an emergency no stay of the supervisor's order shall accompany the appeal. 3244. Order and Contract by Supervisor Affecting Property on Which Such Well is Not Located (a) Notwithstanding any other provision of Division 3 of the Public Resources Code, the supervisor may order that any 3. of the following operations be carried out on property on which a hazardous well is not located: 1. Any inspection of property or tests deemed necessary by the supervisor to determine what action would be appropriate for the purpose of this Article; well; 2. The redrilling and production of an existing 3. The drilling and production of a well; 4. Any other remedy or oil field operation calculated to effecutate the purpose of this Article. (b) If pursuant to this Article the supervisor orders or contracts for any operation on property on which a hazardous well is not located and, as determined by the supervisor, such operation will, by virtue of the physical occupation or the extraction of all or any part of the property, substantially interfere with the enjoyment of the property, the supervisor shall acquire, as provided below, such interest in the property as is necessary to carry out such operation; (c) An order of the supervisor to carry out any of the operations listed in section 3244(a) above may be appealed pursuant to Public Resources Code sections 3350 et se q. except that in the case of an emergency no stay of the supervisor's order shall accompany the appeal. 4. 3245. Acquisition (a) The Division is hereby authorized to accept and hold for and in the name of the state, by gift, exchange, purchase, negotiation, or eminent domain proceedings any and all property or appurtenances of every kind and description thereto, including land, leases, easements, rights of way, oil, gas or other mineral rights as the supervisor determines to be required and necessary to carry out operations to effect the purpose of this chapter. (b) When the Division cannot acquire any such necessary property or interest therein by agreement with the owner, any such property or interest therein authorized to be acquired under this title shall be acquired pursuant to provisions of the Property Acquisition Law (Part 11, commencing with section 15850 of Division 3 of Title 2 of the Government Code), except that, notwithstanding any provision thereof, the Division in the name of and for the state may take immediate possession and use of any property required to carry out operations to effect the purpose of this Article after eminent domain proceedings are first commenced according to law in a court of competent jurisdiction, and thereupon giving such security as the court in which the proceedings are pending directs to secure to the owner of the property sought to be taken immediate compensation for the taking and any damage incident thereto, including damages sustained by reason of an adjudication that there is no necessity for taking the property. 5. • r 3246. Agreements To effect the purpose of this Article, the Division is authorized to enter into agreements with any person, public agency, corporation, or other entity for the management or operation of property acquired or for the conduct of any operation ordered pursuant to this Article. 3247. Recoupment of Expenditures All funds expended to effectuate the purposes of this Article, including any expenditures to acquire property, shall be added by the Department of Finance to the next year's estimate, provided for in Public Resources Code section 3410, of the amount of money which will be required to carry out the provisions of Article 7 of Division 3 of the Public Resources Code. 3248. Urgency This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect necessity are: The facts constituting such There are presently in the State of California a number of hazardous oil and gas wells that pose a danger to peace, health, and safety and should be immediately remedied. This act provides the State Supervisor of Oil and Gas with authority to carry out necessary remedial work. [IN TO: FROM: SUBJECT: DISCUSSION: CITY COUNCIL Public Works Department 0 August 25, 1975 CITY COUNCIL AGENDA ITEM N0. H -7 (e) STATUS REPORT - OIL WELL ABANDONMENT PROGRAM IN WEST NEWPORT Attached is a sketch showing the location of five oil wells that were drilled in the 1920's in the Canal Section of West Newport by the Orange County Refining Company. All five wells were abandoned in the 1930's. Two of the wells (Nos. 2 and 5) are on property owned by the City. The remaining three wells are on private property. In October 1973, Oil Well No. 3 erupted beneath a duplex building belonging to Roy V. Neel. The building was severely damaged. After Oil Well No. 3 erupted, it was hoped that Oil Well No. 5 in the park could be used for relieving the underground gas pressure, and that Oil Wells 2, 3 and 4 could be abandoned. No remedial measures were proposed for Oil Well No. 1 because of its location between two 2 -story buildings. Exploratory work by the City on Well No. 5 showed that, because of its geological location, it could not be used to reduce the underground pressure. It was permanently abandoned by the City. Oil Well No. 3, which was thought to have the best theoretical loca- tion on the formation for reducing underground gas pressure, was investigated by the California Division of Oil and Gas. The investigation showed that the well casing was badly deteriorated, and the well could not be used for pressure relief purposes. The well was permanently abandoned by the Division of Oil and Gas. Of the three remaining oil wells, No. 4 is believed to have the best location on the formation for reducing underground gas pressure. The City staff is urging the California Division of Oil and Gas to use its author- ity to investigate the well to determine if it is suitable for pressure relief. In the meantime, Oil Well No. 2 should be maintained in a condition where it can be used for temporary pressure relief until a decision has been made as to the final disposition of Oil Well No. 4. As an interim measure, Oil Well No. 2 will be used to relieve the underground gas pressure. It is intended to operate the well so as to develop a learning curve on its ability to relieve underground gas pressure in the oil field. On July 10 through 15, 1975, Alco Engineering performed the follow- ing work on Orange County Refining Company Oil Well No. 2 located in Balboa Boulevard at 44th Street: F August 25, 1975 Subject: Status Page 2 0 0 Report - Oil Well Abandonment Program in West Newport a) Removed rented 2 7/8" tubing. b) Lowered top flange 19 inches. c) Installed permanent City -owned 3 1/2" tubing. d) Changed fluid from drilling mud to salt water. e) Installed a high pressure 3" valve and 5000 psi gauge on top of the tubing. Oil Well No. 2 is now fully controlled. Alco Engineering has fin- ished all work authorized under its purchase order. The General Services Department has partially cleaned up the area. Listed below, together with costs, is a summary of the work performed for the City to date on the project. I. August 29 - September 5, 1974. Open and log Orange County Refining Co. Well No. 5 located in Channel Place Park. a. Clean out well to 830' $ 599.86 Alco Engineering Invoice# 1095 b. Complete logging 1,608.98 Alco Engineering Invoice #1100 Total Phased 2. October 10 - December 19, 1974. Open and log Orange County Refining Co. Well No. 2 located in Balboa Boulevard at 44th Street a. City forces construct drilling cellar and prepare site. Rental of pump, fences, and portable toilet; purchase gravel, lumber, etc.; temporary power pole; gas analysis. $1,840.87 b. Hot tapped casing 6' below surface. Cut off casing 4' below surface. Welded on special wellhead flange. Augured through 10 feet of concrete top plug. Installed flange valve. Closed up well. (Well was still blocked by solids down the shaft.) Alco Engineering Invoices $3,166.16 c. Prepared well for abandonment: Opened well, bled off gas and fluids, redrilled hole in concrete plug. Removed bricks and cement. Inserted rented tubing in well. Changed over fluid (salt water) to drilling mud, logged well, closed up well. Alco Engineering Invoices $13,340.03 Total Phase 2 $2,208.84 $18,347.06 August 25, 1975 • 0 Subject: Status Report - Oil Well Abandonment Program in West Newport Page 3 3. December 19, 1974 - July 14, 1975. Maintained rented tubing in Well No. 2 until status of Orange County Refining Co. Well No. 3, located at 213 -42nd Street, can be determined. a. Alco Engineering Invoices $3,058.18 Total Phase 3 $ 3,058.18 4. June 30, 1975. Abandon Well No. 5. Fill casing with cement. a. Alto Engineering Invoice #1583 $2,876.66 Total Phase 4 $ 2,876.66 5. July 10 - 15, 1975. Prepare Well No. 2 for use as interim pressure relief well. Removed rented tubing. Lowered wellhead 19 ". Installed City - owned tubing in well. Changed fluid from drilling mud to salt water. Installed 3" high pressure valve. Closed well. a. Alco Engineering Invoice #1638 (1) Rig Time $ 874.00 (2) Crew Time 2,169.81 (3) Pumping 260.00 (4) Materials: Tubing, Valves, etc. 4,722.33' (5) Outside services: vacuum truck rental, blowout preventer, squeeze tool, misc. tools, machining, and welding. 3,204.74 Total Phase 5 $11,230.88 Total Charges to Date $37,721.62 A total of $35,000 has been appropriated for the project in the 1974 -75 and the current fiscal years budgets. Additional work and services which may be needed are such items as vacuum truck rental, and purchase and installation of miscellaneous fittings and piping should oil be produced when gas pressure in Well No. 2 is bled down. FURTHER ACTION: 1. The City should continue to urge the State Division of Oil and Gas to investigate the condition of Oil Well No. 4. 2. At the end of summer, Well No. 2 will be vented for pressure relief. Depending on the results of this operation, a decision will be made as to cleaning up the area around Well No. 2. August Subject Page 4 25, 1975 • Status Report - Oil Well Abandonment Program in West Newport Oil Well No. 2 should be maintained in its present condition until Well No. 4 has been investigated. After Well No. 4 has been investigated, a decision can be made as to whether Well 2 or 4 should be used for pressure relief. If Well No. 4 is to be used for pressure relief, Oil Well No. 2 should be abandoned, the street improvements restored and the house painted. If Well No. 2 is to be used for pressure relief permanently, a precast vault with traffic cover should be built around the well. An underground sump may be required. If actual operat- ing experience indicates that a sump is required, it should be constructed as close to the oil well as possible. Consideration should be given to purchasing the house adjacent to Oil Well No. 2 for street widening purposes. The underground sump could be constructed with a traffic cover directly east of the oil well in the future street right -of -way. CONCLUSION: A budget amendment in the amount of $5,500 to complete the funding for the work done to date, and to provide approximately $2,800 for contingencies has been prepared for Council consideration. Joseph T. Devlin, Public Works Director By: Benjamin B. Nolan, City Engineer KLP:hh Attachment c� s> -V 7 ,530 O MWAC CO4/'V77' QEF/A/ /A/6 CO. k/E(L N o- S J " Mv O BY C /Tf� OF wig J ASE CAA B� J s �t 3 I �"vE �P 9 /o alp G� T'yE '`%QL TO 6 7 a 3 7 �'E�ytiG e _o 6 v I CITY OF NEWPORT BEACH DRAWN !7[r✓ DATE ZS197S PUBLIC WORKS DEPARTMENT APPROVED am k/ru ABANDONMENT P.POaRof PUBLIC WORKS DIRECTOR /N !✓EST NEAW40.2T R.E. NO, DRAWING NO. AUG 12 1974 By the CITY COUNCIL CITY c,F NGACH TO: CITY COUNCIL v `ivy /V August 12, 1974 CITY COUNCIL AGENDA ITEM N0. F -3 FROM: Public Works Department SUBJECT: OIL WELL ABANDONMENT AND RECOMPLETION PROJECT IN WEST NEWPORT (CONTRACT 1587) RECOMMENDATIONS: 1. Authorize the staff to negotiate a time and materials contract to recomplete Well No. 5 (located in Channel Place Park). 2. Defer plans to re- abandon Oil Well No. 2 (located on the northerly side of Balboa Boulevard east of 44th Street). DISCUSSION: In the 1974 -75 budget, funds have been provided to recomplete Well No. 5 (for pressure relief purposes) and to re- abandon Well No. 2 in West Newport. See attached sketch for well location. On July 8, 1974, the City Council approved plans and specifications for the subject project, and authorized the City Clerk to advertise for bids to be received at 10 :30 A.M. on August 1, 1974. No bids were received. The short supply of oil well tubing, casing, and downhole equipment; the necessity to protect a residence adjacent to Well No. 2; and the problems associated with working in Balboa Boulevard all contribute to the reluctance of contractors to submit bids on a formal con- tract of this type. Because of the importance of recompleting Well No. 5, it is recom- mended (1) that the work on Well No. 5 be started as soon as possible, and (2) that the work on Well No. 2 be delayed. Recompleting Well No. 5 should not be exceptionally difficult because there is adequate working space in the park and the site is free from traffic control problems. The re- abandonment of Well No. 2 will be more difficult because of the necessity to protect the adjacent house and close off two traffic lanes on Balboa Boulevard. The re- abandonment of Well No. 2 is not considered as critical as the recompletion of Well No. 5. August 12, 1974 Subject: Oil Well Abandonment and Recompletion Project in West Newport (Contract 1587) Page 2 No cost estimate is available at this time. It is our intention to negotiate with the same contractor who is negotiating with others to re- abandon Well No. 3 located on private property at 213 42nd Street. To help reduce the cost and time required to complete the work, the contractor will be authorized to use used tubing, casing, and associated down - hole equipment if new supplies are not readily available. If the estimated cost is under $12,000, an informal contract procedure will be used. If the estimated cost exceeds the charter limitation of $12,000 for Public Works contracts, a 4/5 vote of the Council will be required for approval. l eph T. vlin lic Wor Director Att. id .�O • fU" 1 Log pAa o.A Np 9 5 c �r 2 c � vJ �/ p�oPOSEO A"D gi 1" = loe' .2Q 3 ll is ii r Cr h'E `� j4G 70 Y� 6 3 6 /j A / 3 /l1 ; SENT OF WZY L A/c Z OF WCLL A/o. 5 P /�j /0 : 3� z�✓ —� —7o4 JUl P VA By 4he CITY COUNCIL CITY f* ZawsFll7@!!7 jIW_H TO: CITY COUNCIL FROM: Public Works Department • July 8, 1974 CITY COUNCIL AGENDA ITEM NO. H -9 SUBJECT: OIL WELL ABANDONMENT AND RECOMPLETION PROGRAM IN WEST NEWPORT (CONTRACT 1587) RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Authorize the City Clerk to advertise for bids to be received at 10:30 A.M. on August 1, 1974. DISCUSSION: On November 26, 1973, the City Council approved a program to abandon one oil well, and to recomplete a second abandoned oil well for use as a pressure relief well. Both wells are located on city property in the Canal Section of West Newport. The locations are shown on the attached sketch. Abandonment of Well No. Well No. 2 is located underneath the sidewalk on the northerly side of Balboa Boulevard, about 30 feet easterly of 44th Street. The contract provides that in order to provide working room, (1) the city will remove two palm trees and a street light from the center median island in Balboa Boulevard between 43rd and 44th Streets, and (2) the contractor will remove the median island, pave the resulting strip, and provide traffic control to divert westbound traffic during the abandonment proceedings. The city will be responsible for replacing the median island, street light, and palm trees. Work will not start in Balboa Boulevard until after Labor Day. Recompletion of Well No. 5 Well No. 5 is located in Channel Place Park. The condition of the well cannot be determined until work starts. The contract pro- vides that if the desired depth cannot be reached because of a collapsed casing or debris in the hole that is difficult to remove, the well will be abandoned below the debris and recompleted above. July 8, 1974 Subject: Oil Well Abandonment and Recompletion Program in West Newport (Contract 1587) Page 2 This particular project is not well suited to being accomplished by means of a conventional Public Works contract due to the many uncer- tainties involved and the need to rely heavily on the specialized skills and ability of the contractor. Because of (1) the unusual nature of the work and (2) the limi- tations imposed on the bidding and award of a Public Works contract, the staff expects some difficulty in obtaining a well - qualified, low bidder to accomplish the work. In the event no satisfactory bids are received the public bidding procedure may be waived by the City Council and an alternate procedure followed as set forth in Section 1110 of the City Charter. The plans and specifications were prepared by the Public Works Department based on a program developed by George P. Zebal. $35,000 has been appropriated for the project from the general fund. The estimated date of completion is November 29, 1974. Joseph T. Devlin .Public Works Director KLP:jd Att. ti k 0), PeoPOSEo DON Ao WAL NOTICE LEGAL Wnf& T MW CITY OF NEWPORT BEACH, CALIFORNIA NOTICE. INVITING BIDS SEALED BIDS will be received at the office of the City Clerk, City Hall, Newport Beach, California, lmtil 10:30 A.M. on the 1st day of August, 1974, at which time they will be opened and read, for performing work as follows: OIL WELL ABANDONMENT AND RECOMPLETION PROJECT IN WEST NEWPORT CONTRACT N0, 1587 Bids must be submitted on the proposal form attached with the contract documents furnished by the Public Works Department. The additional copy of the proposal form is to be retained by the bidder for his records. Each bid must be accompanied by cash, certified check or Bidder's Bond, made payable to the City of Newport Beach, for an amount equal to at least 10 percent of the amount bid. The title of the project and the words "SEALED BID" shall be clearly marked on the outside of the envelope con- taining the bid. The contract documents that must be completed, executed, and returned in the sealed bid are: A. Proposal B. Designation of Subcontractors C. Bidder's Bond D. Non - collusion Affidavit E. Statement of Financial Responsibility F. Technical Ability and Experience References These documents shall be affixed with the signature and titles of the persons signing on behalf of the bidder. For corporations, the signatures of the President or Vice Presi- dent and Secretary or Assistant Secretary are required and the Corporate Seal shall be affixed to all documents requir- ing signatures. In the case of a Partnership, the signature of at least one general partner is required. No bids will be accepted from a contractor who is not licensed by the Contractors' State License Board as a Gen- eral Engineering Contractor, Class A; or as a Specialty Con- tractor, Class C -61 (Drilling), in accordance with the pro- visions of Chapter 9, Division 111 of the Business and Pro- fessions' Code. The contractor shall state his license number and classification in the proposal. One set of plans and contract documents, including special provisions; may be obtained at the Public Works Department, City Hall, Newport Beach, California, at no cost to licensed contractors. It is requested that the plans and contract documents be returned within 2 weeks after the bid opening. The City has adopted the Standard Specificatidns for Public Works Construction (1973 Edition) as prepared by the Southern California Chapters of the American Public Works Association and the Associated General Contractors of America. Copies may be obtained from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, (Z13) 870 -9871. The City has adopted Standard Special Provisions and Stand- ard Drawings. Copies of these are available at the Public Works Department at a cost of $5.00 per set. A standard "Certificate of Insurance for Contract Work for City" form has been adopted by the City. This form is the only certificate of insurance acceptable to the City. The successful low bidder will be required to complete this form upon award of the contract. For any required bonds, the company issuing Bid Bonds, Labor and Material Bonds, and Faithful Performance Bonds must be an insurance company or surety company licensed by the State of California. The companies must also have a current General Policy Holders Rating of A or better; and a Financial Rating of at least AAA as per the latest edition of Best's Key Rating Guide (Property - Liability). In accordance with the provisions of Article 2, Chapter 1, Part 7 of the California Labor Code (Sections 1770 et seq.), the City Council of the City of Newport Beach has ascertained the ,general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classifi- cation, or type of workman or mechanic needed to execute the contract and has set forth these items in Resolution No. 8090 adopted September 10, 1973. A copy of said resolution is available in the office of the City Clerk, All parties to the contract shall be governed by all provisions of the California ' Labor Code relating to prevailing wage rates (Sections 1770- 1781 inclusive). The city reserves the right to reject any or all bids and to waive any informality in such bids. LAURA LAGIOS, CITY CLERK CITY OF NEWPORT BEACH, CALIFORNIA Publish: July 19, 1974, In the Newport Harbor Ensign. 'r ..�F CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER June 10, 1974 T0: MAYOR AND CITY COUNCIL FROM: City Manager SUBJECT: ERUPTION OF OIL WELL NO. 3 RECOMMENDATION: STUDY SESSION NO. 7 1. Acknowledge the venting of the structure by removing a section of the roof. 2. Acknowledge construction of the 8' high solid board fence enclosing the excavated holes used for oil reservoirs. 3. Request the California State Division of Oil and Gas to take the necessary steps to properly abandon oil well No. 3. 4. Continue the well abandonment and pressure release program. originally approved by the City Council on November 26, 1973 (Attachment No. 1). DISCUSSION: During the Council meeting of May 28th, the Council reviewed the problems created by the eruption of oil well No. 3, located at 213 42nd Street. The short range problems verbalized at the study session were: 1. Fire hazard due to the methane entrapped by the ceiling of the structure over the oil well. 2. Water pollution hazard because of the high probability of oil draining into the bay. 3. An attractive nuisance condition because of the open oil sumps and the close proximity of small children playing in the neighborhood. 4. Unsightly conditions created by the abandoned building and sump areas in which the oil is draining. The long range problems were: 1. Proper abandonment of oil well No. 3. 2. Assessment of the City's program to abandon one well and construct a pressure release system in another well. Page -2- With respect to the short range problems, the following has been accomplished: 1. The Fire Department conducted readings with a M.S.A. ex- plosive meter and it was determined that the methane gas was high enough to create an explosive condition. On May 31st the Fire Department, with the consent of Mr. and Mrs. Neel, cut venting holes in the roof structure to prevent the entrapment of the methane explosive gas. Attached you will find copies of reports from the fire Department (Attachment No. 2). 2. The Building Department surveyed the property and in con- sultation determined that the immediate construction of an 8' solid fence was justified. On June 3rd a fence company was authorized to construct a fence pursuant to the report from the Building Department (Attachment No. 3). The 8' fence would assist in preventing pollution of the bay waters by oil, and would also resolve the attractive nuisance, since it would completely surround the oil sumps. The building still remains, but there is a procedure available to the City Council to abate the structure if the Council desires. It is the staff's belief that the building should remain until it is determined who, when, and how, the well will be aban- doned and capped. It is believed that the short range problems have been resolved in the best manner now available to the City. With respect to the long range problems, it has been determined that the California State Public Resources Code, commencing with Section 3000, places the authority and re- sponsibility upon the Division of Oil and Gas to abandon wells, such as Well No. 3. Inasmuch as the state has been given the statutory authority for this responsibility, the Council has justification to ask the Division to assume the leadership role in the project of capping the oil well. In verbal conversations with Mr. W. L. Ingram, Deputy Supervisor for the Di- vision of Oil and Gas, he acknowledged this authority and indicated he would discuss with his supervisor the possibility of the state capping the well. This has not been confirmed by Mr. Ingram's supervisor, but I should have definite word on this by June 10th. The letter from the State Division of Oil and Gas, in response to Mayor McInnis' question, has been received (Attachment No. 4). The letter, in summation, states that production from the oil field is the best method to reduce the pressure. However, the letter states that the City does have an alternative, and that is to vent one of the wells in the area. In an. effort to reassess the latter alternative, the City com- missioned Mr. George L. Guthrie to analyze the Zebal report and render an opinion on the effectiveness of the corrective programs recommended in the report. Attached you will find a copy of Mr. Guthrie's analysis which is, basically, that the City should continue the program to vent the well in the City park property (Attachment No. 5). Mr. Guthrie is a geologist and has had a number of years experience with oil companies. He is also an Associate Professor for the Petroleum Department at Orange Coast College. Page -3- Finally, an opinion w the various options that may be 1401 of the City Charter, which City. Attached, members of the opinion from the City Attorney RLW:mm Attachments 6 as received from the City Attorney concerning available to the City in light of Section prohibits the production of oil within the Council will find a copy of the written (Attachment 6). 244A a ROBERT L. WYNN November 26, 1973 CITY COUNCIL AGENDA ITEM NO. H -ln ATTACHMENT NO. 1 TO: CITY COUNCIL - FROM: Public Works Department SUBJECT: PROPOSED OIL WELL ABANDONMENT AND PRESSURE RELIEF WELL IN WEST NEWPORT (CONTRACT 1587) RECOMMENDATION: Authorize the staff to: (1) Secure a proposal to prepare plans, specifications, and an esti- mate for the proposed oil well abandonment and pressure relief well, and. (2) Obtain permits from: (a) Regional Water Quality Control Board (b) California Coastal Conservation Commission (c) California Division of Oil and Gas DISCUSSION: On November 12, 1973, the City Council received a report prepared by George P. Zebal and Associates, dated October 29, 1973. The report was captioned "Well Abandonment and Pressure Release Completion Programs." It outlined a pro- gram designed to cope with the problem of gas and oil seeps in the Canal Section of West Newport. An opinion from the City Attorney's office, dated October 26, 1973, stated that the City may not expend public funds to cap improperly abandoned oil wells on private property. Accordingly, the proposed City project will be limited to work on two oil wells located on public property. These wells are the Orange County Refining Company Well No. 2, and Well No. 5. The location of Wells 2 and '5 is shown on the attached sketch. The staff has not had time to secure and analyze proposals. It is planned to request funds for the professional services after the proposal is received. Construction funds will be requested after approvals of state and federal agencies have been received. There are a number of unknowns involved in completing the program of abandoning one oil well located under Balboa Boulevard and converting an aban- doned oil well in Channel Park into a pressure relief well. The.following esti- mate and schedule is intended to be used until a consultant's proposal is received. oVer:ber 26, 1973 S'J3JLCT: PROPOSED OI* _L ABANDONMENT AND PRESSURE 0 F WELL IM WEST NE!VORT (CONTRACT 1587) Page 2 ESTIMATE Prepare Plans, Specifications, and Estimate 10% x $35,000 Construction Cost $ 3,500 Secure Approvals 5 man -days 0 $200/day 1,000 Construct Project 35,000 Contingencies 3,500 October 29, 1973 Report 1.625 PROJECT COST $45,625 SCHEDULE Receive Proposal Appropriate Funds for Professional Services Receive Completed Plans, Specs., Estimate Approval of Plans by City Council Approval of California Regional Water Quality Control Board Approval of California Coastal Conservation Commission Approval to Advertise for Bids Award of Contract Construction Period (September through November, 1974) Completion of Project December 3, 1973 December 10, 1973 January 21, 1974 January 28, 1974 April 30, 1974 June 24, 1974 July S, 1974 August 12, 1974 November 29, 1974 The schedule represents the best estimate that can be made at this time. There is no way of accurately predicting the time delays that may occur in obtaining the required permits. 1oseph Devlin P blic rks Director K P:jfd t. • � I !J� J ter. �-O L ��r'G '�• °vim 6 c941 � E ��2d3 Ty G/s tv F� O ��B - 2 - 0 NEWPORT BEACH FIRE DEPARTMENT ill TO: Robert L. Wynn, City Manager FROM: Leo H. Love, Fire Chief SUBJECT: Roy Neel Property, 213 42nd Street 0 DATE May 31, 1974 ATTACHMENT NO. 2 Please be advised that the Newport Beach Fire Department has as of this date, May 31, 1974, eliminated to the best of our ability any explosive hazard that may have been present in the single story building of this property. This was accomplished by our Truck Company personnel opening a small section of the roof and openings in the ceiling to ventilate any methane gases that may have accumulated in the upper portions of the building. All the above actions were performed with the direct consent of the property owner and a signed statement is on file with the City Clerk. While the threat of fire and /or explosion has been greatly reduced, immediate action should be initiated to eliminate the unsightliness and life hazard /11'e t does still exist. �a� Leo H. Love, Fire Chi f Form No. 36 May 31, 1974 • • CITY OF NEWPORT BEACH Captain Roy V. Neel 4206 River Newport Beach, California 92660 CALIFORNIA This will hereby authorize the City of Newport Beach and the Newport Beach Fire Department to enter upon my property located at 211 and 213 42nd Street, Newport Beach,' for the purpose of abating a possible explosive hazard by venting and taking any other necessary precautions. Permission is also given to allow the temporary construction of a eight (8) foot solid wood fence around said properties. 7 May 31, 1974 City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 NEWPORT BEACH FIRE DEPARTMENT NO: TO: L.H. Love, Fire Chief FROM: J.M. Reed, Executive Officer DATE May 99, 1974 SUBJECT: Fire Department Operations at 213 42nd Street On Saturday, May ZS•, 1974, at 0858, the Engine Company from Lido Station R2 responded to a request for assistance at 213 42nd Street. On their arrival, they observed oil flowing into the house at this address. They called for Battalion Chief Phil Hayden to respond and direct operations. The following is an account of his actions: 1. They took a reading with the M.S.A. explosive meter. This meter measures the flammable mixture of gasses in the air and registers on a scale from 0 to 100 %. A reading of 60% or more indicate a dangerous situation, whereas a reading of 60% or less indicates a reasonable degree of safety from an explosion. At 9:00 a.m., the reading at the ceiling was 100 %. This caused Hayden to post the area with "No Smoking" signs. He also had the Engine Company stand by to enforce the "No Smoking" ban and handle any other situa- tion that might arise. 2. At 12:00 noon, another reading was taken at the ceiling. This reading indicated 100% again. At this time Hayden returned the Engine Company to their quarters, but kept a fireman at the scene to enforce the "No Smoking" ban. The fireman also had a radio to call for help if needed. 3. At 6:00 p.m., another reading was taken which read 40% danger had passed and returned the fireman to his station. Reed, Executive Officer Form No. 36 Hayden felt the CITY OF NEWPORT BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT ATTACHMENT N0. 3 June 3, 1974 TO: CITY MANAGER FROM: Assistant Director - Building SUBJECT: THE ERUPTION OF OILWELL NUMBER 3 Pursuant to your request we have reviewed the existing conditions at the subject oilwell site in company with the Fire Department. In our opinion the site does constitute a public nuisance and should be abated. We feel there is an immediate hazard as far as small children and pets becoming entrapped or injured on the premises. The conditions are attractive to small children. In order to alleviate the immediate hazard we would recommend that the sump area be fenced with a temporary eight foot high solid board fence. The cost for this fence would run between $700 and $1,000 depending on how it is laid out and constructed. The long range solution to the problem will require that the one -story section of the structure be demolished. The normal procedure would be to notify the owner of the intent to insti- tute abatement proceedings and to allow the owner 30 days to abate the nuisance. If this was not done we would post a "Notice of Substandard and Unsafe Buildings" with requirements for work to commence in 10 days and be completed within 60 days. A Council hearing would then be set whereby the owner would be permitted to show cause why the building should not be condemned. The Council body may then pass a resolution directing the owner to abate or the City will abate the nuisance as prescribed by ordinance. Removal of the structure prior to a final determination of the long range solution to the problem could actually increase the hazard or complicate the final solution. We would recommend that the immediate fencing of the subject property would re- duce the existing nuisance and hazard thereby allowing time to formulate a permanent solution to the problem. P Memo - Eruption Oilwell No. 3 0 page 2 Attached are copies of a check list for abatement . of sub - standard buildings and a copy of a free hand sketch of the two lots which are involved in the problem. BOB FOWLER BF:rw Attch: 2 xc: Director, Community Development City Attorney Fire Department C �CK L T ST :. AW ?"-EbE ' OF SUSS'= .A`7�?J 3UIL- TAGS (^ 15 -28) ,0'iTCE TO OWNER (15_23_030) 1_ 2. CDD 3- 4. 5. Registered -mail, return receipt (15.23.040) Posted on building (15.28_040) Recorded (15.28_040) Affidavits of nailing and posting (15- 23.0 =0) SECM-,D 2N0TICE (15.28.030) (Set nearing) Pu3L1C e ZkRnTG (15_23_080) 1. Set for hearing Ott. .. - ;_ CDD 2.- Report =roa 3 1 T fii**g' Directa�`to C. Counc*T- 3:'_. Resolution decl -erg fi w ings (City "- ttoriey requested. 6o prepare) " a Posted on huild�g CCL b Record�ct = c--"* 23ai1ed to aawner- aad: other partz =s CDD).." CERTIC. = Or COiiPLIAZ � (if oWn =r coolies) - - CCU 1.:"Recorde3 j. O- CO�rfPT.Ta. CDD ,.: ,.. ... 1: - Work order-- 2. Statem--nt:of. expenses filed with City "Cle]c.' `. (15.28.070) =G ON EX=SMS (15.28 -070) CDD 1. " Set-, for. hearag a "'• 2. Notice oz. hearing with copy of stateme*rt: CCL a- : Mailed. to owner and: other _-Parties 'p. Posted oz buildirzg- 3.. Resolutioa.confi=jng stateaeat o€ expenses (C ty'Atto=eY r` quested to pretzre)" 4. *Certif=ed conies of resolution and e:<paasa s t "tatemer to - a. County R_cordar" b. COLTnty`'A5sassor -- C_ Coun —y Tax. Collectoz - X (Unles's paid :vit�rin 15 days after I adoption or -resolution) _, I SU3 isCT: CONSERVATION- REEABILITATION PROGRAM D. NOTICES POSTED ON BUILDINGS cai oroer) tuopy is mailea to owner 1. "Notice of intent to T.nstitute Abatment Proceedi_nQs" (Notice allows 30 days for owner to abate nuisance) 2. "Notice of Substandard and Unsafe Bei 7.di.m " (Notice reau,�res work to commence witnl�n 10 days and be completed within 60 days. Sec. 15.28.030.) 3. "Notice to Abate N -uisan e" (Council hearing date set) E. CITY COUNCIL HEAFIi ?v: 1. Owner may show cause why building should not be condemned. 2. Council body n:ay pass.-resolution declaring building a. nuisance di_-recti.n owner to abate or the City will abate the nuisance as prescribed in Ordinance 1215. F. '_ZEHIaBILITATION OF EUI: =,i S NOT CONDET:'A LE: 1. Send owner list of corrections required and a completion date for rehabilitating. 2. Inspections to verify compliance of correction list. A. CODES AND ORDINANCES USED: 1. City of Newport Beach Ordinance No. 1216, Chapter 15.28 "Abatement of Substandard Buildings" 2. Uniform Building Code 3. California Administrative Code. B. COMPILING OF LIST OF BUILDINGS FOR C&R PROGRAM ACTION 1. Through survey of older areas. 2. Complaints from neighbors. C. INSPECTION PROCEDURE : 1. Write letter to owner to arrange for inspection. 2. Meet owner on property and make inspection. D. NOTICES POSTED ON BUILDINGS cai oroer) tuopy is mailea to owner 1. "Notice of intent to T.nstitute Abatment Proceedi_nQs" (Notice allows 30 days for owner to abate nuisance) 2. "Notice of Substandard and Unsafe Bei 7.di.m " (Notice reau,�res work to commence witnl�n 10 days and be completed within 60 days. Sec. 15.28.030.) 3. "Notice to Abate N -uisan e" (Council hearing date set) E. CITY COUNCIL HEAFIi ?v: 1. Owner may show cause why building should not be condemned. 2. Council body n:ay pass.-resolution declaring building a. nuisance di_-recti.n owner to abate or the City will abate the nuisance as prescribed in Ordinance 1215. F. '_ZEHIaBILITATION OF EUI: =,i S NOT CONDET:'A LE: 1. Send owner list of corrections required and a completion date for rehabilitating. 2. Inspections to verify compliance of correction list. i 6 STATE OF CALIFORNIA— RESOURCES AGENCY RONALD REAGAN, Go emo, DEPARTMENT OF CONSERVATION DIVISION OF OIL AND GAS 5199 E. PACIFIC COAST HWY., SUITE 309.N ATTACHMENT NCO. —4 LONG BEACH, CALIFORNIA 90804 1/ Lr+I / ,' May 29, 1974 Mr. Robert L. Wynn*' City Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 Dear Mr. Wynn: Mgy3 �soFF��f ' o ln>l As you know, this Division and your staff have been discussing for some time a solution to the continuing problem of oil and gas seepage in Newport Beach. Of course the most serious problem is the recent Oil seepage from well No. 3 at the corner of River Avenue and 42nd Street. During our initial discussions, in October 1973 following the first seep- age at this location, we recommended that some method be devised to extract as much oil as possible from the subsurface in order to deplete the reservoir and at the same time re- abandon several old wells in the area. We were advised at that time that it was not possible to extract or produce oil in the city as it was specifically prohibited by the city charter. We therefore dismissed that approach and worked out a program to re- abandon several wells and to re -enter and re- complete a well On the city park property as a pressure- relief well. Following the most recent eruption of oil and gas from the same well, we have re- examined our initial recommendation and concluded once again that the beat possible solution to the problem is to extract oil and deplete the reservoir. The well abandonment program including the relief well in the park would still be advisable but we feel that this program alone would be only a temporary solution and that further relief (producing) wells should be included in the program. We therefore once again strongly recommend that the city consider some emergency provision to provide for the extraction of oil in this area to mitigate an obviously hazardous situation. Sincerely, W. L. Ingram Al Deputy Supervisor WLI : rw 0 GEORGE L. 13UTHRIE GEOLOGIST A PGWME City of Newport Beach Newport Beach, California 92660 Attention: Mr. Robert Wynn City Manager 0 115 TOPAZ AVENUE BALI3OA ISLAND, CALIFORNIA 92662 (714) 673-3648 Re: Well abandonment and Pressure Release Programs Gentlemen: June 3, 1974 ATTACHMENT N0. 5 I have reviewed the above programs proposed by George P. Zebol and Associates and the California Division of Oil and Gas engineers dated 29 October 1973. 1 find these programs logical and the projected costs reasonable. The recommendation to complete Well No. 5 as a pressure relief well is most important to the project. I believe there is a good possibility that higher pressure waters in the exposed deeper zones to 1825 feet in this well may be migrating into the overlying A, B & C zones in effect water flooding them. If true, this would cause the gas and fluids in these upper zones to seek escape through the areas of Least pressure resistance which are the improperly abandoned wells and possibly along the fault trace. I find nothing in the proposed programs that would make the situation worse than that now existing, however I would make the following precautionary suggestions: 1 . The squeeze cementing pressures to be used should be calculated by the cementing company engineers and witnessed in application by the city engineer. This is necessary because of the possibility of hydraulically fracturing the formations surrounding the well causing on enlargement of the leak area away from the well bore. There is little probability of this happening but the application of pressures used in deeper wells could cause ruptures here to the surface. Therefore this operation should be monitored by a responsible party. 2. Engineering advice as to the value of using o mud clean out agent prior to emplacement of the cement should be sought. This is designed to clean the formation face in order to provide a good bond between the wall of the hole and the cement. Q City of Newport Beach June 3, 1974 Page 2 ------------------------------------------------------- - ---- ------ ----- ---- --- ---- -- 3. The advisability of using cement additives such as bentonite or other agents to increase the plastic flow of the cement and also the use of expanding types of cement should be explored to improve the chances of success in placement of the cement. There are several excellent oil well cementing companies with a great deal of experience in these applications. A list of these companies can be furnished by the Division of Oil and Gas. The use of the services suggested above would add very little to the cost of the programs. 4. The well head of relief Well No. 5 should be installed below ground level and covered with steel grating for esthetic purposes and locked to eliminate the possibility of vandalism. A six by six foot cellar 8 feet deep would easily accommodate the proposed well head. I enclose a photograph of a multiple well head deep well subsurface com- pletion to illustrate. The city well head would be simpler and much smaller. There is no way of guaranteeing the success of the programs but I believe the program as proposed has an excellent chance of eliminating the problem. In the event the program fails and the gas seeps are found to arise from the natural continuing compression of the formations underlying the area, I believe the only solution will be to drill additional small bore pressure relief wells when the effected areas become known. Vert y yours, L� eorge LL! Guthrie Geologist and Petroleum Consultant GLG:hi Ll CITY OF NEWPORT BEACH 0 Office of CITY ATTORNEY ATTACHMENT N0. 6 To: City Manager May 31, 1974 From: City Attorney Subject: Eruption of Oil Well No. 3 As a result of the recent eruption of the improperly abandoned oil well on private property located at the corner of River Avenue and 42nd Street, certain legal questions have been raised with regard to the City's responsibility to alleviate the problem.. These questions can be best analyzed by first making certain assumptions concerning the circumstances sur- rounding this particular incident. I. ASSUMING NO UNUSUAL CIRCUMSTANCES OR CONDITIONS EXIST: Question: Can the City expend public funds to abandon and cap an oil well on private property? Answer: No. Discussion: As we have pointed out in our opinion to your office dated October 26, 1973, such an expenditure would be invalid as not being for a public purpose, and accordingly would violate Article 13, Section 25 of the California Constitution. Question: May the City extract or produce oil within the municipal boundaries? Answer: No. Discussion: Section 1401 of the City Charter prohibits drilling for, exploration work of any kind, production or refining of, oil, gas or other hydrocarbon substances within the City of Newport Beach. 9 Re: Oil Well No. 3 -2- May 31, 1974 II. ASSUMING CIRCUMSTANCES EXIST CREATING A DANGER TO THE HEALTH, SAFETY, OR WELFARE OF THE COMMUNITY: Question: Can the City expend public funds to abandon and cap an oil well on private property or abate a public nuisance? Answer: Yes, although the principal responsibility should lie with the State Division of Oil and Gas to order abandonment of the well. Discussion: The City under its general police power and authority to abate a public nuisance may take the necessary action to restore damaged property in order to protect the health and safety of its citizens. If the oil is seeping onto public streets and sidewalks or into the Bay, causing a pollution problem; if there is the existence of an attractive nuisance to children wherein the City could be exposed to possible civil liability; if there is the danger of fire or explosion due to the collection of gases, then the City could do whatever is reasonably necessary to correct the hazard. For example, the City could require removing or venting a building or structure, digging sump holes to store the oil overflow, fencing off the area, and capping the well. Chapter 10.50 of the Municipal Code provides a procedure to abate a public nuisance, and Chapter 15.28 provides a procedure to abate hazardous or substandard buildings. These procedures require notice and a hearing, which may take a considerable period of time. If the situation re- quires immediate action in order to avert impending danger, then the City would have the right to proceed in such a manner as it deems appropriate for the protection of the public health or safety, without following the abatement procedures. California Public Resources Code Sections 3000 et seq. give the State Oil and Gas Supervisor the authority to order the abandonment of any well that has been deserted whether or not any damage is occurring or threatened by reason of the well.. The City of Newport Beach has no ordinances regulating the abandonment of oil wells. It would therefore seem that the State Division of Oil and Gas is the appropriate agency to administer the well abandonment and capping. Re: III 9 Oil Well No. 3 -3- • May 31, 1974 Question: In lieu of abandoning the well, could the City permit the well to be pumped? Answer: No. Discussion: The City would not have the authority to violate Section 1401 of the Charter under its general police power where there are alternate means and methods to adequately protect the general welfare of the commu- nity. ASSUMING AN EXTREME STATE OF EMERGENCY EXISTS: Question: Could the City allow the oil to be extracted or produced in violation of Section 1401 of the Charter? Answer: Yes. Discussion: In times of extraordinary stress and of disaster or of extreme peril to the safety of persons or property caused by such conditions as fire, flood, epi -. demic, riot, earthquake, or perhaps the uncontrolled accumulation of underground oil, gas and pressure, which could cause an explosion, the Mayor could declare a state of emergency and order a well to be pumped if there was no other way to insure protection for the inhabitants residing in the area. It would be necessary, however, to have strong and convincing expert evidence that unless the oil is immediately extracted, dire consequences would result. (See Government Code Sections 8558, 14120, and 53021.) From the foregoing, it should become clear that the appropriate action for the City to take in coping with the problem created by the eruption of Well No. 3 depends largely on the existing situation. One must first ask if there is a danger to the health and safety of persons or the destruction of property, and if there is, then it must be determined, based on sound evidence, just how immediate and extreme that danger is. DENNIS D. O'NEIL City Attorney DDO:mh CITY OF NEWPORT BEACH CALIFORNIA May 31, 1974 Captain Roy V. Neel 4206. River Newport Beach, California 92660 This will hereby authorize the City of Newport Beach and the Newport Beach Fire Department to enter upon my property located at 211 and 213 42nd Street, Newport Beach, for the purpose of abating a possible explosive hazard by venting and taking any other necessary precautions. Permission is also given to allow the temporary construction of a eight (8) foot solid wood fence around said properties. May 31, 1974 Y P City Hall 3300 W. Newport Blvd. Area Code 714 673 -Z110 Mlarch 5, 1974 State of California - ,Resources Agency Department of Conservation Division of Oil and Gas 5119'; E. Pacific Coast Highway, Suite 309 -N Long beach, California 90804 Attention: 14. L. Ingram, Jeputy Supervisor Subject: Orange County Refining Co. Wells No. 2 and 5 Sec. 28, T.6S., R. 10 Y., S.B.E. & M. Newport Beach ?field Gentlemen: Enclosed please find: (1) Fonin 134 -B, Designation of Agent. The City of Newport Beach appoints Joseph T. Devlin as its agent in compliance with Section 3200, Division 3, Public Resources Code. (2) Also enclosed is an Oil and Gas Dolling Und No. sJ 76 45 64_ (3) Form 43 Questionnaire. A definite time schedule cannot be established for performing the above work because the work is believed to be subject to the prior receipt of permits from the California Coastal Zone Conservation Commission. As soon as these permits have been obtained., a definite time schedule can be established. If there are any questions, please call me at (714) 673 -2110, extension 211. Very truly ,yours, Kenneth L. Perry Assistant City Engineer KLP:jfd Att, cc: City Clerk -- - • � FOHM 134.8 STATE OF CALIFORNIA DEPARTMENT OF CONSERVATION DIVISION OF OIL AND GAS DESIGNATION OF AGENT In compliance with Section 3200, Division 3, Public Resources Code, providing for the protection of the natural resources of petroleum and gas from waste and destruction, notice is hereby given and ...... I- -. -. hereby certify (I, we) that # The Cit Council of the C—)--tY Of_XeWPQrr RaaCh State of...._a7folh- i;d--- _ -.__, have appointed, authorized and empowered whose address is_. Ct�Hall,__3300 New�f_B�t�7�yd_,_- TJ�ntls)rt _ ash— , State of California, (Postal Address) (City) as -- it s_- -agent for the State of California °=-- ------------------ ---------------- - - - - -- ----- ____ -- (mr, ow) upon whom all orders, notices and processes under the provisions of said act may be served This notice revokes all former appointments made for said purpose. Ix WiTNEss WHEREOF ------- signed this certificate this ---- 2 &th- -day of- rebruazy ----- _. -..,,, 19.44- - (I, Wa) Mayor ('.J fm Reach____ Witness: 61iy Cler} Agent's acceptance: Accepted - -- - -- — - -- — - - - - - -- -- — Sec. 3200. Every owner or operator of any well shall designate an agent, giving his post office address, who resides in this State, upon whom may be served all orders, notices, and processes of the supervisor, a board, or any court of law. Every person so appointing an agent shall, within five days after the termina- tion of any such agency, notify the supervisor, in writing, of such termination, and unless operations are discontinued, shall appoint a nety agent. NOTE: An operator may appoint himself as agent. ° Should the owner or operator filing this form choose to appoint more than one agent, the phrase, "the State of California," should be deleted and the exact area for which the agent is to be appointed should be insertecl. A separate form must be filed for each agent. FEP 2 s 1974 By ti-.z Ctd7 COu ICIL ':!Ty 4'C ARACH TO: CITY COUNCIL FROM: Public Works Department February 25, 1974 CITY COUNCIL AGENDA ITEM NO. H -2 (c) SUBJECT: PROPOSED OIL WELL ABANDONMENT AND PRESSURE RELIEF WELL IN WEST NEWPORT (CONTRACT 1587) RECOMMENDATION: Adopt a resolution appointing the Public Works Director as the City's agent in connection with the abandonment and recompletion of City oil wells. DISCUSSION: On November 26, 1973 the City Council approved a program to (1) prepare plans, specifications, and cost estimate and (2) obtain the required permits, for the proposed project. The plans, specifications, and estimate have been prepared. The Regional Water Quality Control Board has advised the City that the project is under the jurisdiction of the State Division of Oil and Gas and a permit will not be required from the Water Quality Control Board. Before the Division of Oil and Gas will grant a permit the City, as the proposed operator of the pressure relief well, is required to designate an individual upon whom notices may be served in compliance with Section 3200, Division 3, of the Public Resources Code of the State of California. See attached Form 134 -B After securing a permit from the Division of Oil and Gas, an additional permit must be obtained from the Coastal Zone Conservation Commission. The Coastal Commission will not accept an application until the permit from the Division of Oil and Gas has been obtained. eph (T. \Devlin lic - s Director :hh FrIZA .. ..✓. , FEP 2 s 1974 By ti-.z Ctd7 COu ICIL ':!Ty 4'C ARACH TO: CITY COUNCIL FROM: Public Works Department February 25, 1974 CITY COUNCIL AGENDA ITEM NO. H -2 (c) SUBJECT: PROPOSED OIL WELL ABANDONMENT AND PRESSURE RELIEF WELL IN WEST NEWPORT (CONTRACT 1587) RECOMMENDATION: Adopt a resolution appointing the Public Works Director as the City's agent in connection with the abandonment and recompletion of City oil wells. DISCUSSION: On November 26, 1973 the City Council approved a program to (1) prepare plans, specifications, and cost estimate and (2) obtain the required permits, for the proposed project. The plans, specifications, and estimate have been prepared. The Regional Water Quality Control Board has advised the City that the project is under the jurisdiction of the State Division of Oil and Gas and a permit will not be required from the Water Quality Control Board. Before the Division of Oil and Gas will grant a permit the City, as the proposed operator of the pressure relief well, is required to designate an individual upon whom notices may be served in compliance with Section 3200, Division 3, of the Public Resources Code of the State of California. See attached Form 134 -B After securing a permit from the Division of Oil and Gas, an additional permit must be obtained from the Coastal Zone Conservation Commission. The Coastal Commission will not accept an application until the permit from the Division of Oil and Gas has been obtained. eph (T. \Devlin lic - s Director :hh FORM. 134 -9 STATE OF CALIFORNIA DEPARTMENT OF CONSERVATION DIVISION OF OIL AND GAS DESIGNATION OF AGENT 11 In compliance with Section 3200, Division 3, Public Resources Code, providing for the protection of the natural resources of petroleum and gas from waste and destruction, notice is hereby given and. .:. ..... ...:..hereby certify that.__—__, (1, we) of— -- -- — -- State whose address (Postal have appointed, authorized and empowered (city) as- -___ -- -agent for the State of California* -------- - --...- -- — --- --- - ----- (my, our) upon whom all orders, notices and processes under the provisions of said act may be served- This notice revokes all former appointments made for,said purpose. Ix WrrNEss WrmREov ---- - --____. ---- have signed this certificate this - — ----- -day (I, we) Witness_ Agent's acceptance: NOTE: An operator may appoint himself as agent. State of California, 19- ------ See- 3200- Every owner or operator of any Well shall designate an agent, gtvmg his post office address, who resides in this State, upon whom may be served all orders, notices, and processes of the supervisor, a board, or any court of law- Every person so appointing an agent shall, within five days after the termina- tion of any such agency, notify the supervisor, in writing, of such termination, and unless operations are discontinued, shall appoint a new agent- Should the owner or operator Sling this form choose to appoint more than one agent, the phrase, "the State of California," should be deleted and the exact area for which the agent Is to be appointed should be inserted. A separate form must be Sled for each agent. nm�am • -ra •M 0 a20 . i ! RESOLUTION NO. f3 FEB? Is g A RESOLUTION OF THE CITY COUNCIL OF THE By � :;o C; 3: COUNCIL CITY OF NEWPORT BEACH APPOINTING THE "i GF no.�etoaq? A;ACH PUBLIC WORKS DIRECTOR AS THE CITY'S AGENT IN CONNECTION WITH THE ABANDONMENT AND RECOMPLETION OF CITY OIL WELLS WHEREAS, Section 3200 of the California Public Resources Code requires that the owners or operators of oil wells located in the State of California designate an agent to act for them in receiving legal notices, orders and processes; and WHEREAS, the City Council has determined that the Public Works Director is the most appropriate individual to act as the City's agent in connection with the abandonment and recompletion of the City's oil wells; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby designates the Public Works Director as the City's agent pursuant to Section 3200 of the California Public Resources Code. BE IT FURTHER RESOLVED that the Mayor, City Clerk and Public Works Director are hereby authorized and directed to execute any and all documents necessary to carry out the intent of this resolution. ADOPTED this 25th day of February , 1974. ATTEST: City Clerk Mayor DRB/bc 2/15/74