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HomeMy WebLinkAboutOil Wells - Armstrong & Mobil Oil Company�: ��ij l" 19s3 0 (y3J CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER January 10, 1983 TO: MAYOR AND CITY COUNCIL COUNCIL AGENDA ITEM F -2(e) FROM: City Manager SUBJECT: MEMORANDUM OF SETTLEMENT (ARMSTRONG AND MOBIL OIL COMPANY) On December 13, 1982, the City Council adopted a resolution approving a Memorandum of Settlement between the City and Armstrong /Mobil Oil Company. The approved memorandum had language that was not acceptable to Mr. Armstrong. While he had approved of the concept for settlement, he had not had time to read the actual memorandum before the Council action. Because of his nonapproval of the accepted memorandum, a new memorandum has been negotiated. The same concepts are present in the pro- posed memorandum, but inasmuch as the language has changed it is the opinion of the City Attorney that the Council reapprove the memorandum. The following is provided by the memorandum. -- 1. That the City of Newport Beach will assume all of its costs associated with both the eminent domain and the contract action. 2. Armstrong and Mobil will assume all their costs associated with both the eminent domain and the contract action. 3. Armstrong and Mobil shall grant to the City all easements and rights that they have which are necessary for the production of tidelands oil. 4. The City shall pay to Armstrong $226,507 (the appraised value) as payment for the surface oil production equip- ment ('pumps, pipes, etc.) to be conveyed by Armstrong to the City. 5. Neither the City nor Armstrong /Mobil will appeal the eminent domain and the contract court actions. As indicated above, this memorandum contains all of the essential elements as the original memorandum, but worded in a different manner. Basically, the memorandum will settle 0 0 Page -2- all differences between the City, Armstrong and Mobil. The dollar amount has already been deposited in court and it will not be necessary, therefore, for the City Council to process a new budget appropriation. �DGO ROBERT L. WYNN r � I RESOLUTION NO. 83 -7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING A MEMORANDUM OF SETTLEMENT, AUTHORIZING THE MAYOR TO EXECUTE THE MEMORANDUM OF SETTLEMENT AND RESCINDING RESOLUTION NO. 82 -154 WHEREAS, various disputes have arisen between the City of Newport Beach, Armstrong Petroleum and Mobil Oil Company rela- tive to the production of oil and gas from tidelands, and these disputes have evolved into litigation; and WHEREAS, the parties referenced above have agreed to resolve the disputes and litigation in accordance with the terms and conditions of a Memorandum of Settlement, a copy of which is attached to this Resolution as Exhibit "A "; and WHEREAS, the City Council, by Resolution No. 82 -154, approved a Memorandum of Settlement similar to that which is attached to this Resolution; however, minor changes have been made in the Memorandum of Settlement and it is appropriate for the City Council to review these changes prior to approval of the Memorandum of Settlement; and WHEREAS, the terms and conditions of the Memorandum of Settlement are of mutual benefit to all concerned, and approval of the Settlement Agreement will result in significant benefit to the citizens of the City of Newport Beach; NOW, THEREFORE, the City Council of the City of Newport Beach does hereby resolve as follows: 1. The Mayor and City Clerk are hereby authorized to execute the Memorandum of Settlement (Exhibit "A ") on behalf of the City of Newport Beach; and 2. The Mayor, City Clerk and such other officers as may be required, are hereby authorized to sign, on behalf of the City of Newport Beach, all other agreements and documents necessary for the implementation of the Memorandum of Settlement, subject to prior approval of said documents and agreements by the City Attorney as to form and content. 3. The City Manager shall review all documents of title and prior to execution of the agreement by the Mayor and City Clerk, the City Manager shall indicate his satisfaction therewith. ADOPTED this 10th day of January, 1983. ATTEST: s/s Wanda E. Andersen City Clerk RHB /pr RSP /Settle K s/s Evelyn R. Hart Mayor CERVIED AS A TRUE AND CORRF COPT CIA• CLERK OF/7HE�CITY OF N[WPOR7 BEACH�] DAn MEMORANDUM OF SETTLEMENT THIS AGREEMENT, entered into on January 10 , 1983, by and between the CITY OF NEWPORT BEACH, a chartered municipal corporation ( "the City "), ARMSTRONG PETROLEUM CORPORATION, a California corporation ( "Armstrong ") , and MOBIL OIL COMPANY, a corporation ( "Mobil ") all of whom agree as follows: 1. Armstrong and the City acknowledge their mutual desire to conclude their disputes which have resulted in the litigation entitled "Armstrong Petroleum Corporation v. City of Newport Beach, et al." (and related cross - action), Orange County Superior Court Action No. 35- 58 -16, and "Armstrong Petroleum Corporation v. City of Newport Beach, et al." (and related cross - action) , Orange County Superior Court Action No. 34 -98 -43 (which actions were consolidated for purposes of trial and are collectively referred to as the "contract cases ") , and the City and Armstrong expressly agree to resolve and settle the contract cases as follows: (a) Armstrong shall abandon and dismiss its appeal of the judgment of the Orange County Superior Court in the contract cases. (b) Armstrong shall convey to the City, for so long as tideland oil is produced, so much of the rights, titles and inter- ests that Armstrong may have in and to those portions of drillsites, leases, slantwell agreements and surface and sub- surface easements as were used by Arm- strong in connection with Armstrong's performance of operations under the City Contract, which conveyances are more par- ticularly described in Exhibit "A" at- tached hereto and by this reference in- corporated herein, subject, however, to all of the terms and conditions of all instruments of record, recorded on or be- fore January 25, 1981, creating, amending or affecting the same. The conveyances described in Exhibit "A" shall be subject to the condition subsequent that, should the City or the State Lands Commission bring an action seeking to acquire by eminent domain, for the drilling for, production, storage or transportation of tide -land or other City - owned; oil, gas or I I I • 0 other hydrocarbon substances, any of the rights, titles and interests of Armstrong or Mobil in and to those cer- tain lands described in that certain lease, a memorandum of which was recorded on August 10, 1945 in Book 1323, Page 429 of the Official Records of Orange County, California, for so long as the interests sought to be condemned are outside of the boundaries of the City, then Armstrong shall have the right of reentry upon, and power of termination of, said conveyances. (c) Armstrong shall sell to the City all of Armstrong's right, title and interest in and to the above - surface oil produc- tion equipment described in Exhibit "B" hereto. (d) Armstrong shall quitclaim to the City any and all of its right, title and interest in and to the subsurface oil production equipment described in Exhibit "C" hereto. (e) The City shall pay to Armstrong the sum of Two Hundred Twenty -Six Thousand Five Hundred Seven Dollars ($226,507) as payment for the above- surface oil pro- duction equipment to be conveyed by Arm- strong to the City. (f) The City shall waive any and all costs and damages, including compensa- tory damages, court costs and attorneys' fees, to which the City is or may be entitled from Armstrong by virtue of the judgment entered by the Orange County Superior Court in the contract cases. (9) The City shall cause to be filed appropriate documentation evidencing the full satisfaction of the judgment entered by the Orange County Superior Court in the contract cases and the release of the Abstract of Judgment filed by the City in all counties in which said Abstract was filed. -2- (h) The City shall be entitled to with- draw any monies deposited with the Orange County Superior Court in connection with the contract cases. 2. Armstrong, the City and Mobil acknowledge their joint desire to conclude their disputes which have resulted in the litigation entitled "City of Newport Beach, etc., et al. v. Beeco, etc., et al.", Orange County Superior Court Action No. 35 -79 -89 (referred to as the "eminent domain case "), and the City, Armstrong and Mobil expressly agree to resolve and settle the eminent domain case as follows: (a) The City shall dismiss, with prejudice, the eminent domain case as against Armstrong and Mobil, and Armstrong and Mobil shall consent in writing to the dismissal of the eminent domain case as against them. (b) Armstrong and Mobil shall waive any and all costs and damages, including, but not limited to, all abandonment costs, litigation expenses, attorneys' fees, court costs, interim damages, and all costs which might or could be claimed pursuant to Cali - fornia Code of Civil Procedure Sections 1036, 1245.010 et seq., 1250.410 et seq., 1255.410 et seq., 1263.205 et seq., 1263.310 et seq., 1263.410 et seq., 1263.510 et seq. , 1263.610 et seq., 1265.110 et seq., 1265.210 et seq. , 1265. 410 et seq., 1268.310 et seq., 1268. 410 et seq., 1268.510 et seq., 1268.610 et seq., 1268.620, and 1268.710 et seq. , to which Mobil and /or Armstrong are or may in any manner be entitled by virtue of the filing, prosecution, trial, dismissal or abandonment of the eminent domain case, or any action taken by the City or State Lands commission with respect to, or in any manner related to, the eminent domain case. (c) The City shall be entitled to withdraw any sums deposited by the City in the Orange County Superior Court as probable compensation in the eminent domain case. -3- 0 • 3. Except for the payment by the City of the sum pro- vided in paragraph 1.(e) hereof, Armstrong and the City shall execute mutual releases waiving any and all claims and damages in any way relating to the eminent domain case or the contract cases (which releases shall not relate to the pending disputes involving Armstrong, the City, Kern County Refinery, Inc., and the United States Department of Energy, designated as Case No. BRX -0129, DRO -0150, and DRH -0150, which are the subject of separate negotiations between the parties). 4. Armstrong, Mobil and the City shall execute mutual releases waiving any and all claims and damages in any way relating to the eminent domain case. 5. All parties acknowledge that the eminent domain case proceeded to the point of the court issuing a Statement of Decision that the City did not have the legal right to condemn lands outside its boundaries for oil production purposes. As a material inducement to Armstrong and Mobil in entering into this agreement and accepting the dismissal with prejudice of the eminent domain case and waiving the costs and damages as above set forth, the City agrees to the terms of this paragraph. The City, in its own capacity and as the Joint Powers Agency pursuant to that certain Joint Powers Agreement entered into between the City and the State Lands Commission, shall not seek to acquire by eminent domain for the tideland or other City - owned production of oil, gas or other hydrocarbon substances, any of the rights, titles and interests of Armstrong or Mobil in and to those certain lands described in that certain lease, a memorandum of which was recorded on August 10, 1945 in Book 1323, Page 429 of the Official Records of Orange County, California, for so long as the interests sought to be acquired are outside of the boundaries of the City. 6. Armstrong, Mobil and the City agree to execute any and all instruments necessary to carry out or effectuate the purposes and intent of this Memorandum of Settlement. 7. This Agreement shall be binding upon and inure to the benefit of the City, Armstrong and Mobil, and their respec- tive successors and assigns. WHEREFORE, the parties hereto have executed this -4- Memorandum of Settlement as of the date set forth above. CITY OF NEWPORT BEACH By Mayor By � -4 City Clerk ARMSTRONG, METRO, UM CORPORATIOI]. 1 39 ongI 0 CORPORATION MOBIL OIL XMMVRN7 By 1Wifanf Secretary M -5- 0 EXHIBIT "A" 0 1) Armstrong shall assign to the City an equal and undivided interest in and to that certain lease dated May 26, 1947, and recorded in Book 3936, at Page 225, et seq., of the Official Records of Orange County, California, insofar and only insofar, as said lease covers and includes lands lying within Parcels A, B and C, provided that, the operations upon such lands by either party shall not unrea- sonably interfere with the operations of the other. 2) Armstrong shall quitclaim to the City whatever right, title, and interest that Armstrong may have acquired in connection with its performance of operations under the City Contract in and to those lands lying within Parcels A, C and D but outside the boundaries of the lands covered by that certain lease dated May 26, 1947, and recorded in Book 3936, at Page 225, et seq., of the Official Records of Orange County, California. The herein described quitclaim shall not transfer any right, title and interest of Arm- strong in and to said lands pursuant to the Banning Lease, a memorandum of which was recorded on August 10, 1945, in Book 1323, Page 429, of the Official Records of Orange County, California. Mobil and Armstrong agree not to contest the City's use or possession of Parcels A, C and D for access purposes or for oil production and related purposes direct- ly connected with the production of tideland oil. 3) Armstrong shall quitclaim to the City Subsurface Easement No. 1 and Subsurface Easement No. 2 for tidelands oil production reserving unto Armstrong the rights granted therein for onshore oil production. 4) Parcels A, B, C, and D, No. 1 and Subsurface Easement No. described in Exhibit "A -1" atta( reference incorporated' herein. boundaries of Parcels A, B, C and Exhibit "A -2 ". and Subsurface Easement 2, are more particularly :hed hereto and by this A plat indicating the D is attached hereto as DESCRIPTION All those.certain lands situated partly in the City of Newport Beach and partly in the unincorporated area of Orange County, State of California, nore particularly described as follows: PARCEL A: that certain course is Ee_ :. ^. ^ :r.g at the no_- :!:er'_y ter:ni::LS or exis'i- ; Ne::oor: Reach. Ci: Eocada v shown as "South 4 °31133" Ea =_c 439. S5 ;net" or. a rr.a? filed in Boot' 65, Pales 31 through 36 of Reccrds of Sun e-: s in the G:.`ice of the County Recorder of said Court-; thence South 77 °00`03" %Vest °1.09 feet to the centerline of the Santa Ana Ricer as per Sucer :or Court Case No. 22797 as shocen on said mao filed iT. BOO" G5, Pages 31 throu.zr: 36 of Records of Sur,,eys; thence along s =id centerine So-.::a 1 °33'10' West 511.63 feet and South 10 °47'51" E=C- 116.33 fee: to a point on a non- tan_er.t cur.•e in the northerly line of Wes Cc--s: Highsay ccecave northerly and ha-.inz a rad;us of 950. 00 feet, a rzc _1 line f.-o:a said point bears North 19 °21'27" East: thence ens :2rl= aloe; said cur-.'e and northerly line 205.31 feet through a central ar. =1e or 12'22'37" to the boundan ' line or the land described in the parse! em':1cd II TO SU SUMFACE EASEMENT" recorded in Bco'.: 2627, Page 26 of CFicial Records of said Coun -.; thence non - tangent from, said curse along said boundary line South 20 °11'42" East 100.94 feet to the northa:esteriy terminus of the course shown as "North 60 °26'23" «'es: 575.2-! feet" and entitled "North line of Mean High Tide, Rec. .9/19/25, BE. 201 -253, O. R. , Ora_ Co. Sup. Court Case No. 2368G" on a r .filed inBool: 27, Page 47 of Records of Sur7eys in the Office of the County Recorder of Orange County, California; thence along said afore - mentioned course and boundary line South 60 028'13" West 352.53 fee::. thence leaving said course and boundary line North 12050157" Nest 441.33 feet; thence South 77 °00'03" West, 60.00 feet; thence ] North 12° 59'57" West. 599.49 feet to a line which bears I North 77 °00'03" East from the POI\T OF BEG INI�'ING; thence South 77 °00'03" West. 131.43 feet to the POI\T OF BEGINNING. CONTAI:'ING 6.820 Acres. more or less EXHIBIT "A -1" 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 Recorder of said County distant thereon South 68022145" East 280.00 feet from the northwesterly terminus thereof; thence South 21 °37115" West 61. 43 feet to the centerline of the Santa Ana River as per Superior Court Case No. 22797 as shown on said map filed in Book 65, Pages 31 through 36 of Records of Surveys; thence along said centerline South 66 °42'20" East 643.27 feet; thence leaving said centerline North 23017140" East 250.00 feet to a line parallel with and distant 250.00 feet northeasterly from said centerline; thence along said parallel line North 66 042'20" West 650.57 feet to a line which bears North 21 037'15" East from the POINT OF BEGINNING; thence South 21 °37,15" West 188.68 feet to the POINT OF BEGINNING. CONTAINING:3. 713 Acres, more or less, PARCEL C: A st-in of land 30. 00 feet in width, the cent =riine of whir!-: is described as follo:cs: Ee?innin- at, .a point in that certain course in the centerline of a 110.00 foot ea- e^:ent for se:eer and road purposes ner Superior Court Case No. 2-:769 shoc:n as "Nor--h 76'22'211" West, 13 ^6. 13 feet" on a mau filed in Bock 65, Pages 31 :-irou�h 36 of Records of Surveys in the Office of the Cou. ,, Recorder of said County distant thereon South 76 °32'23" East 148.00 feet frcrn the north :ees,erly terminus thereof; thence along said centerline as shorn on said record of surrey map through the following courses: South 76 °32'33" East 1448.18 feet: thence South . 32 055115" East 521.40 feet: thence South 27015115" East 595. 00 feet: thence South 14 °36'45" East 26-1.00 feet: thence South 5 °.33' =5" West 217.00 f °eei: thence South 12 519'57" Eas: 53 5. 03 feet to the northwesterly line of the hcreinabove described Parcel "A-l". CONTAIN111"G 2. 500 Acres, more or less 0 • 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 76032,23" 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 *32,23" 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 °10110" West 507.25 feet to the northeasterly line of the herein- above 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: 0.687 Acres, more or less. M . SUBSURFACE EASEMENT 1* 1 PARCEL °F ": Beginningat the intersectionof the northeasterly prolongation of the center- line of 61st Street, 30 feet in width. as shown on a man 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 - easter?y 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" EaSL, 120. 05 feet to the intersection of the southwesterly prolongation of the centerlinta of 61st Street as shown on a man of "Rives. Section. Newoor. 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 SoLrthern Pacific Railroad: thence along said southwesterly prolongation. said ' centerline and the northeasterly • prolongation thereof North 34 °24'57" 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 °38130' West. 244.09 feet to an angle Point therein: thence continuing along said city boundary South 4 °31'33' East. 439.65 feet to an angle point therein-.thence continuing along said city boundary and the southeasterly prolongation thereof South 200 I1'42" East. 370. 59 feet to 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. OR. Ora. Co. Sup. Court Case No. 23636" 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 described in a deed recorded in Book 508, Page 65 of Deeds. records of said County. said point being South 83'° 17'15" 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 60 028'13" East. 468.00 feet: thence South 11 °00'12" Nest. 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 11000'12" %'.est. 248.30 feet. more or less. to an intersection with the ordinary low watermark of the Pacific Ocean: thence along saidordinary low water marl- North 58 049105 ". 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 59010,05" West. 420.38 feet to an intersection with the southwesterly prolongation of the northwesterly line of Block A -60 as shown on said mao 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 *29145" East. 376.20 feet. more or less. to the point of beginning. CONTAINING 23.404 Acres, more or less PARCEL "G • SUBSURFACE EASEMENT 0. 2 Beginning at the intersection of the centerline of Ocean Front (formerly Ocean Avenue) as said street is shown on a man of the Seashore Colony Tract recorded in Boob. 7. Page 25 of wliscellaneous Maps in the Office of t e County Recorder of said County with the northwesterly boundary line of the City of Newoor. Beach. said north•vesterly boundary line being the southeasterly line of Sum nit Street. 30. 00 feet in width. as shown on said mao of :he Seashore Colony Tract. said point of beginning being a point in the bouncat -f lire of the land described in the parcel entitled "EXHI iT ?. TO SUESUR.7 .CE EASE +IENT" recorded in Book 2324. Page 391 of C iicial Records of said County; thence along said last mentioned bcunda_ 7 line t.`.. rough the following co, :ses: along said northwesterly bounds_ f lire of the City of Newport Beach North 35° 57'30" East 472.31 feet to the ce.n.ter'.i::e of the Santa Ana River as described in Case No. 22797 of the Super:orCou �cf e State of California in and for the County of Orange and as sho•r.n on a mao filed in Boob; 65. Pages 31 through 36 of Records of Surreys in the Office of the County RecordercC said County: -thence along said center'_ir.e South 78 °00'2?" East. 515.70 feet and South 66° : ?'z0" F--s,. 643.27 feet to the northerly prolongation of the lire dividing Lots 6 and 7 in Block 11 of Tract No. 772 as shown on a map recorded is Book 23. Pages 5 and 6 of said Miscellaneous Maps: thence along said no.. ^.hcrly prolongation. said dividia.g line and the southerly prolongation ,herccf South 7 °44`51" West 148.87 feet to a point on a curie in the ccaterlinc of Cana'_ Street as said street is shown on said mao of Tact No. 772. said cu. re being concave northerly and having a radius of G85.00 feet: thence easterly along said curare and centerline 10.63 feet through a central angle of 0 °53'21" to the centerline of Fern Street as said st- cet.is shown on said map of Tract No. 772. thence alon.a said centerline of Tern Street South 35 °51'00" Wes:. 26.45 feet to the north- westerly prolongation of the northeasterly line of Lot 10 in Block 8 of said Tract No. 772: thence along said northwesterly prolongation. said northeasterly line of Lot 10 and the southeasterly prolongation thereof South 54 °09'00" East. 104.94 feet to the centerline of the 10 foot alley in said Block 8: thence along said centerline of the 10 foot alley South 35 °51'00" West. 90.00 feet to the southwesterly line of said Tract No. 772 and a point in the centerline 'of the 10 Coot alley in Block 8 of said Seashore Colony Tract: thence along said ocnterline of the 10 foot alley in Block 8 South 35 °47'11" West. 120.00 feet to the northv:esterly prolongation of the northeasterly line of Lot 4 in Block 8 of said Sea- shore Colony Tract: thence along said north•esterly prolongation. said northeastcrly lire and the southeasterly prolongation thereof South 54 *09'00" East. 114.93 feet to the centerline of Orange Street as said center'.ine is shown on said map of the Seashore Colony Tract: thence along said centerline and the southwesterly prolongation thereof South 35 °47'30" West. 137. 17 feet to the nor licasterly right -of -way line of the Pacific Electric Rail-.-/ay. being the northeasterly line of Tract No. 4 =00 as shown on a mao recorded in Book 162. Pages 20 through 26 of said Miscellaneous blaos: thence along said northeasterly right- of -•.vay line South 54 °02'30" East. 113.67 feet to. the northeasterly prolongation of the lute dividing Lots 7 and 3 in Block G'of said Seashore Colony Tract: the:^.ce •along said northeasterly prolongation. said dividing line and the south•::es:erly prolongation thereof South 35 °57'30" West. 276.10 feet to said centerline of Ocean Front as said street is shovin on said mao of the Seashore Colony Tract; thence along said centerline North 55 °51'30" West. 1520.68 feet to the POINT OF BEGINNING. CO IT.- ._-\TL\'G 21.333 Acres. more or less Z • • m ` m L]]! O 9 i LL�L 00 At 04 „•� Lp�QO• O � z w rt•� °e Ag \ Sop J f •u.0 ea :� � % � � m s •; il� it •rrr�irrr -r C; : ar.�n y r 2 L:..: :• :eE \ eY vJ `L "ll Fn 1p 1 � � uri �I VV / •, r z 7 [ [ r ii x 6 i 6 0 ABOVE- SURFACE EQUIPMENT ITEM Well No. 1 Lufkin TC -33TR Pumping Unit 54" Stroke 17,000 In. Lb. Beam 160,000 In. Lb. Gear Box 5/N 9.0 20 h.p. Fairchild Morse Electric Motor Well No. 2 Lufkin TC -44AR- Pumping Unit 54" Stroke 15,000 In. Lb. Beam 114,000 In. Lb Gear Box SIN 195 20 h.p. Fairchild Morse Electric Motor Well No. 3 Lufkin TC -4415A Pumping Unit 48" Stroke 13,000 In. Lb. Beam 114,000 In. Lb. Gear Box SIN 1351.0 15 h.p, Westinghouse Electric Motor Well No. 4 Lufkin TC -4415A Pumping Unit 44" Stroke 114,000 In. Lb. "Gear Box SIN 91.0 15 h.p. Fairbanks Morse Electric Motor Well No. 5 Lufkin TC -44 Pumping Unit 48" Stroke 114,000 In. Lb. Gear Box SIN 1698.0 20 h.p. Fairbanks Morse Electric Motor Exhibit "B" QUANTITY 1 11 1 1 1 1 1 1 1 on Lufkin TC -44R Pumping Unit 48" Stroke 13,500 In. Lb. Beam 114,000 In. Lb. Gear Box S/N 192.0 20 h.p. Fairbanks Morse Electric Motor Well No. 7 Lufkin TC -2TR Pumping Unit 64" Stroke 20,000 In. Lb. Beam 160,000 In. Lb. Gear Box S/N 192.0 40 h.p. Neuman Electric Motor Well No.. 8 Lufkin TC -44R Pumping Unit 48" Stroke 13,500 In. Lb. Beam 114,000 In. Lb. Gear Box S/N 236U 20 h.p. Fairbanks Morse Electric Motor Well No. 9 Lufkin TC -44TR Pumping Unit 48" Stroke 13,500 In. Lb. Beam. 114,000 In. Lb. `Gear Sox S/N 25U 20 h.p. 'Fairbanks Morse Electric Motor Well r1o. 10 Lufkin TC -44TR Pumping Unit 13,500 In. Lb. Beam 48" Stroke 114,000 In. Lb_ Gear Box SIN 38U -2- 1 1 ; 1 1 Ll 01 1 1 1 20 h.p. Fairbanks Morse Electric Motor Well No. 11 Lufkin TC -44R Pumping Unit 48" Stroke 13,500 In. Lb. Beam 114,000 In. Lb. Gear Box S/N 129U 20 h.p. Fairbanks Morse Electric Motor Well No. 12 Lufkin TC -44TR Pumping Unit 48" Stroke 13,500 Ln. Lb. Beam 80,000 In. Lb. Gear Box SIN 90U 20 h.p. Fairbanks Morse Electric Motor Well No. 13 Lufkin TC -ILCR Pumping Unit 84" Stroke 25,000 In. Lb. Beam 228,000 In. Lb. Gear Box SIN 38U 15 h.p. Electric Motor Well No. 14 Lufkin TC -114DA Pumping Unit 64" Stroke 13,000 In. Lb. Beam 114,000 In. Lb. Gear Box SIN 82 15 h.p. Fairbanks Morse Electric Motor -3- 1 1 1 1 1 1 1 1 Well No. 15 • o Lacy ABA - 456 -30 Pumping Unit 100" Stroke 15,500 In. Lb. Beam 40 h.p. Fairbanks Morse Electric Motor well No. 16 Bethlehem 228- D- 10'2HS Pumping Unit 74" Stroke 26,600 In. Lb. Beam 228,000 In. Lb. Gear Box 7.5 h.p. Electric Motor MISCELLANEOUS EQUIPMENT ITEM 4" Diameter steel pipe line from well Nos. 13, 15 and 16 to tank farn 6' Ht. 9 ga. chain link fence 600 amp (square D) master switch for well Nos. 1 thru 12 and 14 Separate starters and switches for well Nos. 1 thru 12 and 14 Transformer and meter coil can (2' x 3.5' x l' deep) for well Nos. 1 thru 12 and 14 Meter and switch shed for 200 amp (2inslo) master switch for well Nos. 13, 15 and 16 Combined starters and switches for well Nos. 13, 15 and 16 -4- 1 1 Ll QUANTITY .. 4300' 500' 1 13 1 1 3 . SUBSURFACE EQUIPMENT Oil Well No. 1 ITEM 20" Casing, Conductor 13 -3/8" Casing 7" Casing, 234, J -55 5 -1/2" Liner, 17 #, Smis 2 -7/8" Tubing 3/4" Sucker Rods 7/3" Sucker Rods v2- 1/2x2x12 Fluid Packed oil well pump RWK Oil Well No. 2 ITEM 20" Casing, Conductor 13 -3/8" Casing, 544, J -55 9 -5/8" Casing, 36 #, J -55 7" Casing, 23 #, J -55 5" Liner, 184, N -80, SFJ 2 -7/8" Tubing, 6.54, J -55 3/4" Sucker Rods 7/8" Sucker Rods 2- 1 /2x2xl- 1/4x12 Sargent oil well pump Oil Well No. 3 QUANTITY 48, 491' 4287' 185' 2830' 2310' 1320' 1 QUANTITY 40' 499' 2818 ' 38 51' 131' 3330' 2460' 1020' 1 ITEM QUANTITY 20" Casing, Conductor 48' 13 -3/8" Casing, 5414, J -55 336' 9 -5/3" Casing, 36 #, J -55 2821' 5 -1/2" Liner, 17 #, J -55 174' 2 -7/8" Tubing,'6:5 #, J -55 2790' 3/4" Sucker Rods 4230' 2 -1 /2x1- 1/2x1Ox14 Fluid Packed oil well pump 1 it Well No. 4 ITEM QUANTITY 20" Casing, Conductor 40' 13 -3/8" Casing, 544, J-55 313' 7" Casing, 234, J -55 2877' 7" Perforated casing, 23 #, J -55 616' 2 -7/8" Tubing, 6.5 #, J -55, 3090'' 3/4" Sucker Rods 2700' Exhibit "C" „ s i 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 QU Ap1 T I T`? 20" Casing, Conductor 39' 13 -3/8" Casing, 54 #, J -55 312' 8 -5/3" Converted Line Pipe, 28.552, Ell 3544' 8 -5/8" Casing 560 5 -1/2" Liner, 17;, J -55 488' 2 -7/8" Tubing, 6.5,4, 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 ITE14 QUANTITY 2.0" Casing, Conductor 13 -3/8" Casing, 54 #, H -40 39 360' 7" Casing, 231., J -55 6257' 5 -1/2" Liner, 19.81 #, J -55 372, 2 -7/8" Tubing, 5.5 #, J -55 6360' 3/4" Sucker Rods 7/8" Sucker Rods 3360' 1" Sucker Rods 1620, 2- 1 /2x10x1- 1/4x13 Fluid Packed oil well pump 1620' 1 Oil Well No. 8 ITEM QUANTITY 20" Casing, Conductor 39' 13 -3/8" Casing, 484, 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' -2- E 3/4" Sucker Rods 3960' 2- 1/2x1- 3/4x1Oxl2 Fluid Packed oil well pump 1 Oil Well No. 9 ITE`1 QU -kNTITY 20" Casing, Conductor 39' 13 -3/3" Casing, 48, H -40 407+ 7" Casing, 234., 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 ,,Tell No. 10 E t QUANTITY 20" Casing, Conductor 40' 11 -3/4" Casing, 42, I1 -40 412' 7" Casing, 234., J -55 3120' 2 -7/8" Tubing, 6.5 4, J -55 3360' 3/4" Sucker Rods 3630 2- 1/2x2x13 Fluid Packed Oil Well Pump 1 Oil Well No. 11 _ I TE `1 QUANTITY 20" Casing, Conductor 35' 11 -3/4" Casing, 424., 11 -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 viell pump 1 2 -3/8 ", 4.7 #, EVE,Tubing 809' Oil Ldell No. 12 ITE`1 OUANTITY 20" Casing, Conductor 40' 13 -3/8" Casing, 54 #, J -55 442' 9 -5/3" Casing, 36 4, J -55 2257' 7" Casing, 23 #, J -55 2993' 2 -7/8" Tubing, 6.5 ", J -55 3210' 3/4" Sucker Rods 2760' 2 -1 /2x1- 3/4x15 Fluid Packed Oil Well Pump 1 -3- 0 i Oil Well No. 13 i (�.) ITEM QUANTITY 20" Casing, Conductor 40' 13 -3/8" Casing, 48, J -55 525' 7" Casing, '23, J -55 6013' 2 -7/8" Tubing, 6.5 ", J -55 3920' 3/4" Sucker Rods 4380' 7/8" Sucker Rods 2040' 2- 1/2x1- 3/4xl0x12 Sargent ail well pump 1 Oil Well No. 14 ITE'" QUANTITY 16" Casing, Conductor 40' 11 -3/4" Casing, 42 #, I1-40, 8 its. 327' 7" Casing, 23#, J -55, 60 its. 2549' 4 -1/2 Casing, 11,64, J -55, 64 its, 2085' 2 -7/3" Tubing, 6.51, J -55 1696' 2 -3/8" Tubing, 4.7, J -55 4140' 3/4" Sucker Rods 2280' 7/8" Sucker Rods 1410' 2xl- 1/2x16 Fluid Packed oil well pump 1 Oil Well No. 15 ITEM QUANTITY 20" Casing, Conductor 40' 11 -3/4" Casing, 42;, H -40, 13 its. 505' 7" Casing, 234, J -55, 147 jts. 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 1 well No. 16 ITEM QUANTITY 20" Casing, Conductor 40' 11 -3/4" Casing, 421, H -40 511' 7" Casing, 23 #, J -55 6622' 2 -7/8" Tubing 3750' Sucker Rods Oil Well Pump 1 MEM COUNCIL AGENDA F -2(a) CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER -- C December 13, 1982 0EC 13 1982 TO: MAYOR AND CITY COUNCIL By the CITY COUNCIL CITY of N;:WPORT BEACH FROM: City Manager SUBJECT* MEMORANDUM OF SETTLEMENT /ARMSTRONG AND MOBIL OIL COMPANY- Subject Memorandum of Settlement provides for four basic conditions. These are -- 1. That the City of Newport Beach will assume all legal, engineering, and other costs incurred by the City asso- ciated with both the eminent domain action and the contract action involving Mobil Oil and Armstrong. 2. Armstrong and Mobil will assume all costs for legal, engineering, and other costs incurred by them associated with both the eminent domain action and the contract action involving the City. 3. Armstrong shall grant to the City all easements and rights that he has which are necessary for the production of tidelands oil to the City of Newport Beach. 4. The City shall pay to Armstrong $226,507 as payment for the above surface oil production equipment to be conveyed by Armstrong to the City. The proposed Memorandum of Settlement has had a number of drafts as a result of meetings between staff and Armstrong and meetings between our attorneys and his attorney. As of the writing of this memorandum (12/8/82) concurrence had not been received on language on the above. If concurrence is not reached I will verbally advise the City Council during the meet- ing of December 13th. Basically, this Agreement will settle all differences between the City, Mobil and Armstrong. The dollar amount is the appraised value of the pumps to be deeded the City by Armstrong. Money has already been deposited in court and it will not, there- fore, be necessary to process a new budget amendment. ROBERT L. WYNN 0 • MEMORANDUM OF SETTLEMENT THIS AGREEMENT, entered into on December , 1982, by and between the CITY OF NEWPORT BEACH, a chartered municipal corporation ( "the City "), ARMSTRONG PETROLEUM CORPORATION, a California corporation ( "Armstrong "), and MOBIL OIL COMPANY, a corporation ( "Mobil "), all of whom agree as follows: 1. Armstrong and the City acknowledge their mutual desire to conclude their disputes which have resulted in the litigation entitled "Armstrong Petroleum Corporation v. City of Newport Beach, et al." (and related cross - action), Orange County Superior Court Action No. 35- 58 -16, and "Armstrong Petroleum Corporation v. City of Newport Beach, et al." (and related cross- action), Orange County Superior Court Action No. 34 -98 -43 (which actions were consolidated for purposes of trial and are collectively referred to as the "contract cases "), and the City and Armstrong expressly agree to resolve and settle the contract cases as follows: (a) Armstrong shall abandon and dismiss its appeal of the judgment of the Orange County Superior Court in the contract cases; (b) Armstrong shall assign to the City so much of the rights, titles and interests that Armstrong may have had on January 25, 1981 in and to the real property which the Orange County Superior Court, in its judgment entered in the contract cases, awarded to the City and ordered Armstrong to convey to the City, subject, however, to all of the terms and conditions of all instru- ments of record, recorded on or before January 25, 1981, creating, amending or affecting the same. (c) Armstrong shall sell to the City all of Armstrong's right, title and interest in and to the above - surface oil production equipment described in Exhibit "A" hereto. • • (d) Armstrong shall quitclaim to the City any and all of its right, title and interest in and to the subsurface oil production equipment described in Exhibit "B" hereto. (e) The City shall pay to Armstrong the sum of Two Hundred Twenty -Six Thousand Five Hundred and Seven Dollars ($226,507.00) as payment for the above- surface oil production equipment to be conveyed by Armstrong to the City; (f) The City shall waive any and all costs and damages, including compensa- tory damages, court costs and attorneys' fees, to which the City is or may be entitled from Armstrong by virtue of the judgment entered by the Orange County Superior Court in the contract cases. (g) The City shall cause to be filed appropriate documentation evidencing the full satisfaction of the judgment entered by the Orange County Superior Court in the contract cases and the release of the Abstract of Judgment filed by the City in all counties in which said Abstract was filed. (h) The City shall be entitled to withdraw any monies deposited with the Orange County Superior Court in connec- tion with the contract cases. 2. Armstrong, the City and Mobil acknowledge their joint desire to conclude their disputes which have resulted in the litigation entitled "City of Newport Beach, etc., et al. v. Beeco, etc., et al.," Orange County Superior Court Action No. 35 -79 -89 (referred to as the "eminent domain case "), and the City, Armstrong and Mobil expressly agree to resolve and settle the eminent domain case as follows: ( a ) The City shall dismiss, with prejudice, the eminent domain case as against Armstrong and Mobil, and Armstrong and Mobil shall consent in writing to the dismissal of the eminent domain case as against them. -2- 0 (b) Armstrong and Mobil shall waive any and all costs and damages, including, but not limited to, all abandonment costs, litigation expenses,attorneys' fees, court costs, interim damages, and all costs which might or could be claimed pursuant to California Code of Civil Procedure Sections 1036, 1245.010 et seq., 1250.410 et seq., 1255.410 et seq., 1263.205 et seq., 1263.310 et seq., 1263.410 et seq., 1263.510 et seq., 1263.610 et seq., 1265.110 et seq., 1265.210 et seq., 1265.410 et seq., 1268.310 et seq., 1268.410 et seq., 1268.510 et seq., 1268.610 et seq., 1268.620, and 1268.710 et seq., to which Mobil and /or Armstrong are or may in any manner be entitled by virtue of the filing, prosecution, trial, dismissal or abandon- ment by the City of the eminent domain case, or any action taken by the City with respect to, or in any manner related to, the eminent domain case. (c) The City shall be entitled to withdraw any sums deposited by the City in the Orange County Superior Court as probable compensation in the eminent domain case. 3. Except for the payment by the City of the sum pro- vided in Paragraph 1(e) herein, Armstrong and the City shall execute mutual releases waiving any and all claims and damages in any way relating to the eminent domain case or the contract cases (which releases shall not relate to the pending disputes involving Armstrong, the City, Kern County Refinery, Inc., and the United States Department of Energy, designated as Case Nos. BRX -0129, DRO -0150, and DRH -0150, which are the subject of separate negotiations between the parties). 4. Mobil and the City shall execute mutual releases waiving any and all claims and damages in any way relating to the eminent domain case. 5. All parties acknowledge that the eminent domain case proceeded to the point of the court issuing a Statement of Decision that the City did not have the legal right to condemn lands outside its boundaries for oil production purposes. As a material inducement to Armstrong in entering into this agreement and accepting the dismissal with prejudice of the eminent domain case and waiving its costs and damages as above set forth, the City agrees to the terms of this paragraph. The City agrees not to seek to acquire by eminent domain for the tideland or other City -owned production of oil, gas or other hydrocarbon substances, any of the rights, titles and interests of Armstrong or Mobil as lessee in and to that certain lease, a memorandum of which -3- 0 0 was recorded on August 10, 1945 in Book 1323, Page 429 of the official Records of Orange County, California, for so long as the interests sought to be acquired are outside of the bound- aries of the City. 6. Armstrong, Mobil and the City agree to execute any and all instruments necessary to carry out or effectuate the purposes and intent of this Memorandum of Settlement. 7. This Agreement shall be binding upon and inure to the benefit of the City, Armstrong and Mobil, and their respective successors and assigns. WHEREFORE, the parties hereto have executed this Memorandum of Settlement as of the date set forth above. CITY OF NEWPORT BEACH By City Clerk MOBIL OIL COMPANY ARMSTRONG PETROLEUM CORPORATION By By President By By 09 -118 -4- R • • ITEM QUANTITY Well No. 1 Lufkin TC -33TR Pumping Unit 1 54" Stroke 17,000 In. Lb. Beam 160,000 In. Lb. Gear Box SIN 9.0 20 h.p. Fairchild Morse Electric Motor 1 Well No. 2 Lufkin TC -44AR Pumping Unit 1 54" Stroke 15,000 In. Lb. Beam 114,000 In. Lb Gear Box SIN 195 20 h.p. Fairchild Morse Electric Motor 1 Well No. 3 Lufkin TC -4415A Pumping Unit 1 48" Stroke 13,000 In. Lb. Beam 114,000 In. Lb. Gear Box SIN 1351.0 15 h.p. Westinghouse Electric Motor 1 Well No. 4 Lufkin TC -4415A Pumping Unit 1 44" Stroke 114,000 In. Lb. Gear Box SIN 91.0 15 h.p. Fairbanks Morse Electric Motor 1 Well No. 5 Lufkin TC -44 Pumping Unit 1 48" Stroke 114,000 In. Lb. Gear Box SIN 1698.0 20 h.p. Fairbanks Morse Electric Motor 1 -2- EXHIBIT A 0 0 Well No. 6 Lufkin TC -44R Pumping Unit 1 48" Stroke 13,500 In. Lb. Beam 114,000 In. Lb. Gear Box SIN 192.0 20 h.p. Fairbanks Morse Electric Motor 1 Well No. 7 Lufkin TC -2TR Pumping Unit 1 64" Stroke 20,000 In. Lb. Beam 160,000 In. Lb. Gear Box SIN 192.0 40 h.p. Neuman Electric Motor 1 Well No. 8 Lufkin TC -44R Pumping Unit 1 48" Stroke 13,500 In. Lb. Beam 114,000 In. Lb. Gear Box SIN 236U 20 h.p. Fairbanks Morse Electric Motor 1 Well No. 9 Lufkin TC -44TR Pumping Unit 1 48" Stroke 13,500 In. Lb. Beam 114,000 In. Lb. Gear Box SIN 25U 20 h.p. Fairbanks Morse Electric Motor 1 Well No. 10 Lufkin TC -44TR Pumping Unit 1 13,500 In. Lb. Beam 48" Stroke 114,000 In. Lb. Gear Box SIN 38U -3- 0 0 20 h.p. Fairbanks Morse Electric Motor 1 Well No. 11 Lufkin TC -44R Pumping Unit 1 48" Stroke 13,500 In. Lb. Beam 114,000 In. Lb. Gear Box S/N 129U 20 h.p. Fairbanks Morse Electric Motor 1 Well No. 12 Lufkin TC -44TR Pumping Unit 1 48" Stroke 13,500 In. Lb. Beam 80,000 In. Lb. Gear Box S/N 90U 20 h.p. Fairbanks Morse Electric Motor 1 Well No. 13 Lufkin TC -ILCR Pumping Unit 84" Stroke 25,000 In. Lb. Beam 228,000 In. Lb, Gear Box S/N 38U 15 h.p. Electric Motor Well No. 14 Lufkin TC -114DA Pumping Unit 64" Stroke 13,000 In. Lb. Beam 114,000 In. Lb. Gear Box S/N 82 1 1 15 h.p. Fairbanks Morse Electric Motor 1 -4- '1 0 Well No. 15 Lacy ABA - 456 -30 Pumping Unit 1 100" Stroke 15,500 In. Lb. Beam 40 h.p. Fairbanks Morse Electric Motor 1 Well No. 16 Bethlehem 228- D -102HS Pumping Unit 1 74" Stroke 26,600 In. Lb. Beam 228,000 In. Lb. Gear Box 7.5 h.p. Electric Motor -5- • 0 SUBSURFACE EQUIPMENT Oil Well No. 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 7/3" 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- 1/2x2x1- 1/4xl2 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 Oil Well No. 4 ITEM 20" Casing, Conductor 13 -3/8" Casing, 54 #, J -5.5 7" Casing, 23 0, J -55 7" Perforated casing, 23 #, J -55 2 -7/8" Tubing, 6.5 #, J -55 3/4" Sucker Rods -2- K1 ait 12,, QUANTITY 48 ' 491' 4287' 185' 2830' 2310' 1320' 1 QUANTITY 40' 499' 2818' 38 51 131' 3330' 2460' 1020' 1 QUANTITY 48' 336' 2821' 174' 2790' 4230' 1 QUANTITY 40' 313' 2877' 616' 3090' 2700' L] 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 -5/3" 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 /2x10xl- 1/4x13 Fluid Packed oil well pump 1 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, 174, J -55 547' 2 -7/8" Tubing, 6.5 #, J -55 4110' -3- 0 0 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 #, II -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 #, 11-40 407' 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' Oil Well No. 12 ITEM QUANTITY 20" Casing, Conductor 40' 13 -3/8" Casing, 54 #, J -55 442' 9 -5/3" Casing, 36 #, J -55 2257' 7" Casing, 23 #, J -55 2993' 2 -7/8" Tubing, 6.5 ", J -55 3210' 3/4" Sucker Rods 2760' 2- 1/2x1 - 3/4x15 Fluid Packed oil Well Pump 1 -4- • • oil well No. 13 ITEM QUANTITY 20" Casing, Conductor 40' 13 -3/8" Casing, 48 #, J -55 525' 7" Casing, 23 #, J -55 6013' 2 -7/8" Tubing, 6.5 ", J -55 3920' 3/4" Sucker Rods 4380' 7/8" Sucker Rods 2040' 2 -1 /2x1- 3 /4xlOx'l2 Sargent oil well pump 1 Oil Well No. 14 ITEM QUANTITY 16" Casing, Conductor 40' 11 -3/4" Casing, 42 #, 11 -40, 8 its. 327' 7" Casing, 23 #, J -55, 60 its. 2549' 4 -1/2 Casing, 11.6 4, J -55, 64 its. 2085' 2 -7/8" Tubing, 6.5 #, J -55 1696' 2 -3/8" Tubing, 4.7 #, J -55 4140' 3/4" Sucker Rods 2280' 7/8" Sucker Rods 1410' 2x1 - 1/2x16 Fluid Packed oil well pump 1 Oil Well No. 15 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 Oil Well No. 16 ITEM QUANTITY 20" Casing, Conductor 40' 11 -3/4" Casing, 42 #, H -40 511' 7" Casing, 23 #, J -55 6622' 2 -7/8 "' Tubing 3750' Sucker Rods Oil Well Pump 1 -5- RESOLUTION NO. p— Jai A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING A MEMORANDUM OF SETTLEMENT AND AUTHORIZING THE MAYOR TO EXECUTE WHEREAS, the City of Newport Beach (the City), Armstrong Petroleum Corporation (Armstrong) and Mobil Oil Company (Mobil) have negotiated the resolution of various disputes that have evolved into litigation as set forth in the attached Memorandum of Settlement; and WHEREAS, the Memorandum of Settlement has been reviewed by the parties and has been deemed to be to the mutual benefit of all conerned; and WHEREAS, the Memorandum of Settlement is intended to resolve with finality all disputes related to subject litigation; and WHEREAS, implementation of the Memorandum of Settlement requires execution of various other documents which are necessary to complete the settlement; and interest; WHEREAS, such settlement is deemed to be in the public NOW, THEREFORE, the City Council of the City of Newport Beach does hereby resolve as follows: 1. The Memorandum of Settlement attached as Exhibit A is approved and the Mayor and City Clerk are authorized to sign on behalf of the City. 2. The Mayor, City Clerk and other officers who may be required to sign are hereby authorized to sign on behalf of the City all other agreements and documents necessary for the implementation of the Memorandum of Settlement, subject to prior approval of said documents and agreements by the City Attorney as signified by his written approval as to form. ADOPTED this day of � , 1982. ncwckkvt \ keAer Mayor ATTEST: W �IIr�P�C City Clerk RSPJ Settle