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Sale of Real Property with H. B. DeLong, Willis and Lola Ell
f 4 REQUEA FOR CITY COUNCIAACTION Date June 19, 1987 Submitted to: Honorable Mayor and City Council Submitted by: Charles W. Thompson, City Administrator��'� Prepared by: Melvin M. Bowman, Director, Community Services VED By CITY C;oUNGIL Subject: '�19��• AGREEMENTS FOR SALE OF REAL PROPERTY = OIL WELL �.-f�J-- 1A CITY CLE h Consistent with Council Policy? [ ] Yes [ J New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source,Alternative Actions, Attachments: STATEMENT OF ISSUE y�Oit� Y 9 0 3, y�9 01L 5�9D S There is a need to purchase the surface ri dhts to the oil well in McCal 1 en Park to maximize the land available for use by the public and the Huntington Valley Boys' and Girls' Clubs. RECOMMENDATION Approve the Agreements for Sale of Real Property with H.B. DeLong and Willis and Lola Elliott for the surface rights to DeLong Oil Well #3 in McCal 1 en Park for $26,500. ANALYSIS On November 3, 1986, City Council entered into an agreement with the Huntington Valley Boys' and Girls' Clubs to construct a facility on McCallen Park. The city is moving forward with plans to develop the 5.5 acre park. The location of the well is on the most stable land within the park. This is the best site for the club' s recreation center. Other sections of the park would have to be excavated up to 35 feet and then recompacted, adding considerable cost to the project. It is necessary to purchase the surface rights and interest in the oil well designated as DeLong #3. The city's property manager has negotiated with the two principal parties. A selling price of $26,500 has been agreed upon as fair and reasonable. Willis and Lola Elliott, the primary owners, will receive $24,500 and H.B. DeLong, who owns a portion of the gas and oil lease, will receive $2,000. The neighborhood, which has a high concentration of apartments and some low income areas, would greatly benefit from the park and the Huntington Valley Boys' and Girls' Clubs' facility. The purchase of the rights to DeLong Oil Well #3 will enable the city to best utilize the entire site for parkland and for the club' s recreation center. PI O 5/85 ' REQUEST FOR CITY COUNCIL June 19, 1987 AGREEMENTS FOR SALE OF RE&ON ROPERTY = OIL WELL IN MCCALLEARK Page two FUNDING SOURCE Park Acquisition and Development Fund Account #790611 ALTERNATIVE ACTIONS Do not purchase the surface rights to the well and develop the park around the well . ATTACHMENT Agreements for Sale Location map MMB:mb 0706E/47-48 D J U N 2 3 1987 CITY OF HUNTINGNN !EACH ADMINISTRATIVE OFFICE c F PLANNING ..r �. D KK O a J SECTIONAL DISTRICT MAP 2-6- 1I SUEE INiEET CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP GARFIELD - AVE. T.iTs J I I I —T L jH LEE z r' l i w — > o a � x �•'�_ $ CLAY AVE. — OWEh AVE. NL CP � WILLIAMS AVE. 7 V) 1 m ric c I - (n T _ W 2 -- =t UU E—.� J O (9 YORKTOWN - AVE. L— CF-C CF-E ERI y� WICHITA AVE. I VENICE AVE. ®M UTICA AVE. ®M ORE I �4f�•,��.i. CF-'ORp4 y _ a®®TORONTO AVE. $RNGFIELD AVE. wrsaNlE m.JJ�ALTAY M D U Z ROCNESTEk AVE.c Qd„ a u a 4. a ADAMS AVE. i a 87749815s -I>E LooG- Recording requested by and return to: HUNTINGTON BEACH RECORDED IN OFFICIAL RECORDS CITY CLERK ' S OFFICE OF ORANGE COUNTY, CALIFORNIA 2000 Main Street Huntington Beach, CA 92648 -300 PM SEP 1 '87 UNTY This document is solely for the RECORDER official business of the City of Huntin,-ton Bol-ch, as contem- EXE�T] plated unc9er Ge aernr ent Code C1Sec. 6103 and should be recorded free of charge. AGREEMENT FOR SALE OF REAL PROPERTY BETWEEN THE CITY OF HUNTINGTON BEACH, H.B. DE LONG AND ELIZABETH M. DE LONG This agreement is made by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California (hereinafter referred to as CITY) , and H. B. DE LONG and ELIZABETH M. DE LONG (hereinafter referred to collectively as SELLER) , for the purchase by CITY of certain real property interests situated in the City of Huntington Beach, California. WHEREAS, CITY desires to purchase said property interests for cash and SELLER desires to sell said property interests to CITY, NOW, THEREFORE, the parties agree as follows : 1 . PURCHASE PRICE - The purchase price for the real property interests is two thousand dollars ( $2, 000 ) to be paid within sixty ( 60 ) days of the execution hereof, subject to the conditions set forth in Section 3 . 2 . PROPERTY INTERESTS - SELLER shall, within thirty ( 30 ) days of the execution hereof, grant by deed and transfer to CITY all rights to and interests in the Oil and Gas Lease dated March 5, 1957 and described as covering: "The South 132 feet of Block 2304 and the South 132 feet of the North 198 feet of Block 2304, of the East Side Villa Tract, City of Huntington Beach, as recorded in Book 4, page 65 of Miscellaneous Maps , Orange County, California, containing two ( 2 ) acres, more or less. " o 1 . 8774 98155 A copy of said Oil and Gas Lease is attached hereto as Exhibit "A" and incorporated herein by this reference as though fully set forth. 3 . CONDITION PRECEDENT - Any performance of this agreement by CITY is contingent upon the condition that CITY is able to obtain from Willis and Lola Elliott the following interests for a sum of twenty four thousand, five hundred dollars ( $24,500 ) : a . The complete lessees ' interest in the Oil and Gas Lease (Exhibit "A" ) ; b. All rights to and interest in the oil well designated as De Long #3; C . All rights to and interest in the right-of-way and easement in the Grant Deed dated April 19, 1963, and recorded in Book 6530, page 593 of the Orange County Recorder ' s Office; and d . All rights to and interest in the undivided one-half interest in the mineral rights described in the Grant Deed dated April 19, 1963, and recorded in Book 6530, page 592 of the Orange County Recorder ' s office. 4 . WARRANTY - SELLER warrants to defend the above-described property interests conveyed to CITY against the lawful claims of any person or persons whomsoever . SELLER warrants to convey to CITY good and marketable title to the property interests, and warrants that said interests have not been previously conveyed to any other person or encumbered. 5. RECORDING - For recording purposes pursuant to Government Code §27281, this paragraph is to certify that the interest in real property conveyed by this agreement from H.B. DELONG and ELIZABETH M. DELONG to the CITY OF HUNTINGTON BEACH, a governmental entity, is hereby accepted by the undersigned City Clerk on behalf of the City Council of the City of Huntington Beach pursuant to the authority conferred by Resolution No. 3537 of the City Council of the City of Huntington Beach adopted on August 7, 1972 and the grantee consents to recordation thereof by its duly authorized officer . 6. ENTIRE AGREEMENT - This instrument contains the entire agreement between CITY and SELLER respecting said property, and any agreement or representation respecting said property or the duties of either CITY or SELLER in relation thereto not expressly set forth in this instrument is null and void. 2 . STATE OF CALIFORNIA ? 87-- t98I 55 ss' COUNTY OF ORANGE ) V On this 07/ day o, _:D/7' , 19e,7 , before me, a Notary Public in and for said County and State, personally appeared _77Y - k kf lly , known to me to be the Mayor and c,� /1,T, /,UP,,,>k,0,0 known to me to be the City Clerk of the City of Huntington Beach, the municipal corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of said municipal corporation and acknowledged to me that such municipal corporation executed the same. �• OFFICIAL SEAL CONNIF A BR'OCKWAY 00.1 NOTARY PUBLIC - CALIFORNIA 1 ORANGE COUNTY -� J My comm. expires OCT 10, 1989 STATE OF CALIFQRNIA ) COUNTY OF Los Angeles ) ss. On February 20, 1987 before me, the undersigned, a Notary Public in and for said State, personally appeared **********H.B. DE LONG********** personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) OFFICIAL SEAL is/are subscribed to the within instrument and acknowledged MARIE V. UMALI A 0 Notary Public-California to me that he/she/they executed the same. Principal Office In Los A,-geles County WITNESS my han `and official seal. MY COM111. Exp. Aug. 29, 1989 Signature (This area for official notarial seal) SF-423-4 (REV.A- 12) (CA) (INDIVIDUAL) 87-*4981 5 7. EFFECTIVE DATE - This agreement is effective on the date of subscription by the City Clerk following City Council approval and mayoral subscription as provided by Section 613 of the Huntington Beach Charter . SELLER: CITY OF HUNTINGTON EACH uni i al Corpor ti n o tat of i rnia H. B. De Long Mayor Elizabeth M. De Long INITIATED AND APPROVED: OVED AS TO RM: rr C�CL:;) ' Dire for of Community Services Ci y Attor y ?E WREVIEWD AND APPROVED: ATTEST: ✓/�441�t ministrator City Clerk Date: o r F 1677L 1-9-87 No. 2 3 . ORIGINAL 42883 eoox3857 PACE149 OU Ass Form Of-C—Re""d - P9,11 AND GAS LEASE o© C� 0 MAN. THIS AGREEMENT, ma j#,,* entered into thls g, and wife_,_( Owners cS an 5thday of March , 19 57 , by and betweea,L H. Be" DeLon and Elizabeth M. DeLoa husband CrJ •__--.$ ---- — — �---_--_ _ � Undivided 1LInterest),� and Harry H. lea Qot an/ end Elizabeth H. Harpoo—C tian3.husband-and-wife? (1M_6T6__,0f AY IOU �2 interest.)•._--.._ , �,arty the firs herein styled "Lessor," and..iR._Mel Lr'lliott � ,l� , , party of the second part, herein styled "Lessee." WITNF.SSETH:That for and in consideration of_. $10.00 Dollars lawful money of the United States of America, to the Lessor paid, and of other valuable considerations, the receipt of all of which is hereby acknowledged, and in consideration of the covenants and agreements hereinafter contained by the Lessee to be kept and performed, the Lessor has granted, leased, let and demised, and by these presents does gzrrt, lease, let and demise unto the Lessee, its grantees, successors and assigns, the land and premises hereinafter described, with the sole and exclusive right to the Lessee to_drill for,produce,extract,take and remove oil,gas, asphaltum and other hydrocarbons (and water without cost 'for its operations) from, and to store the same upon, said land during the term hereinafter provided, with the"iighirt-tip" entry thereon at all times for said purposes, and to construct, use, maintain, erect, repair and replace thereon and to remove therefrom all pipe lines, telephone and telegraph lines, tanks,machinery, buildings and other structures which the Lessee may desire in carrying on its business and operations on said land, or adjoining or neighboring premises operated by Lessee, with the further right to the Lessee or any of its subsidiaries to erect,maintain,operate and remove a plant with all necessary appurtenances, for the extraction of gasoline from gas produced from said lend and/or other premises in the vicinity of said land,including all rights necessary or convenient thereto, together with rights-of-way for passage over, upon and across, and ingress and egress to and from, said land, for any or all of the above mentioned pur- poses.The possession by the Lessee of said land shall be sole and exclusive, excepting only that the Lessor reserves the right to occupy said land or to lease the same for agricultural,horticultural,or grazing uses,which uses shall be farned on subject to, and with no interference with, the rights or operations of the Lessee hereunder. The land which is the subject of this lease is situated in the County of prang®___�_____ _ ,State of California and is described as follows, to-wit: The South 132 feet of Block 2304 and the South 132 feet of the North 198 feet of Block 2304, of the_East Side Villa Tract, City of Huntington Beach, as recorded in Book 4, page 65 of Misoell- aneoiaps, Orange County, California, containing two (2) acres, more or lesse i and contains two (2) Acres, more or less. TO HAVE AND TO HOLD the same for a term of tWenty (20 ) years from and after the date hereof and so long thereafter as oil or gas, or casinghead gas,or other hydrocarbons substances, or eithil or any of them, is produced therefrom,or drilling operations are conducted thereon,or Lessee is excused therefrom, under terms hereof. In consideration of the premises it is hereby mutually agreed as follows: 1. Lessee shall pay Lessor as royalty on oil the equal__ part of the proceeds of all oil produced, saved and sold from the leased premises,after making the customary deductions for temper- ature,water and b.s. at the posted available market price in the district in which the premises are located for oil of like gravity the day the oil is run into purchaser's pipe line or storage tank, and settlement shall be made by Lessee on or before the 25th day of each month for accrued royalties for the preceding calendar month. At Lessor's option exercised not oftener than once &any one calendar year upon 11111ety _ _ ;(9g days'previous written notice,Lessee shall deliver into Lessor's tanks on the leased premises,or at mouth of well to pipe line designated by Lessor free of cost, Lessor's royalty oil,provided that Lessee may at any time purchase and take Lessor's royalty oil at said posted available market price.No royalty shall be due to the Lessor for or on account of oil lost through evaporation,leakage or otherwise prior to the marketing of the same or delivery to'Lessor if royalty oil is being taken in kind. / 2. For all gas produced,saved and sold from said land by Lessee,the Lessee shall pay as royalty the.__116 part of the net proceeds from the sale of such gas,but nothing herein contained shall be deemed to obligate the Lessee to produce,save,sell or otherwise dispose of gas from said land. For the purpose of having gasoline extracted from gas pro- duced from said land,the Lessee may transport,or cause to be tr ansparted,to a gasoline extraction plant located either on said land or on other lands, all or any portion of such gas where it may be commingled with gas from other properties. -,Lessee shall-ieeterauch gesso transported and such meter readings,together with the results of content tests by recognized tt7eth1Ad3 ixla!le At Eixr^r0:'iTM_-=telj*r?gy+'air i�:tc;:%it�,,cam :.air' vi.C:t�"Vf ./�:�o«i`x,shall furnish the basis for computation of the amounts of gasoline and residue gas to be credited to this lease.Gas used or consumed,or lost in the operations of any-such plant,shall be free of charge,and Lessee shall not be held accountable to the Lessor for the same or for any royalty thereon. Lessee shall not be required to pay royalty for or on account of any gas used for repressuring any oil-bearing formation which is being produced from by a well or wells on the leased premises,even though such repressuring is done by injecting such gas into wells not-.situated on the leased premises.The Lessor shall be entitled to gas free of charge from any gas wells on the leased premises for all stoves and inside lights in the principal dwelling houses on said land by making his own con- nections at a point designated by Lessee, the taking and use of said gas to be at the Lessor's sole risk and expense at all times. 3. Any casinghead gasoline extracted from gas produced from said land shall,at the option of the Lessee,be returned to the oil produced therefrom and shall be.treated as a part thereof; otherwise the Lessee shall pay to the Lessor as royalty for such extracted gasoline the equal____1J6 part of the net proceeds of the sale thereof after deducting g transportation and extraction costs,or of the Lessee's portion thereof if extracted on a royalty basis. If there shall be no available market and/or no public or open market price for the gasoline at the place of extraction,then the Lessee shall be entitled to sell and/or dispose of all the gasoline for the best price and on the best terms obtainable, but in no case shall settlement of royalty be at a less price than that obtained by the Le.--!ee for its portion of the gasoline. 4. The Lessee shall not be required to account to the Lessor for, or pay, royalty on, oil, gas or water produced by the Lessee from said land and used b it in its ope ations hereunder,but it may use such oil, gas and water free of charge. 5--Pcmrterstei�eg`-a*lse Hf - . 'sssr W.".- t,ei 4n 4ha �:ww •, s a"Gs, :..sent , e sum of 1 - - m- J of is drilled welN. e n on ng. � 6. The Lessee agrees to commencperations on sauwithin________ 30 days from the date here- of (unless the Lessee has sooner commenced the drilling of an offset well on said land as herein provided) and to prosecute � tlg Same with reasonable diligence until oil or gas is found in paying quantities, or to a depth at which further Pr� hild,in the judgment of the Lessee,be unprofitable;or it may at any time within said period terminate this lease and surrender said land as hereinafter provided No implied covenant shall be read into this lease requiring the Lessee to drillk N or to continue drilling on said land,or fixing the measure of diligence therefor. Ilk! to W first well drilled, the Lessee __ (..._...) months after the a andonment of thelr,i✓ first well,commence on said land drilling opera o d we aft rosecute the same with reasonable dill Bence until oil or gas is found in paying quantities is th at which further drilling would,i n pl A. the judgment of the Lessee,be a Lessee shall in like manner continue until oil or gas in paying quant' ' i , ut subject always to the terms and conditions hereof and with the rights an p s-ia.tbe erein given. { . g, t the provisions a suspension privileges hereinafter set forth, shall continue to drill addi.a � land as rapidly as one string Of o th reasonable diligence can complete ere shall have beene7lt/ completed on said land as many wells as shall equal the d under this lease divided by_ upon the Lessee shall hold all of the Ian er drilling obligations; prove ssee may defer the com- mencement erations for the second or any subsequent well for a period not to exceed .Except as herein otherwise provided,it is agreed that the Lessee shall a-�'--I-ti••a"k operate each completed oil well with reasonable diligence and in accordance with good oil field practice so long as such wells shall produce oil in paying quantities while this lease is in force as to the portion of said land on which such well or wells are situated;but in conformity with any reasonable conservation or curtailment pro- gram affecting the drilling of wells or the production of all oil and/or gas from said land, which the Lessee may either voluntarily or by order of any authorized governmental agency subscribe to or be subject to. Drilling and producing operations hereunder may also be suspended while the price offered generally to producers in,4�e same vicinity for oil of the quality produced from said land is__$eyenty ,Pive( .75 cents or less per barrel at the well, or when there is no available market for the same at the well which pr as in paying quantities,the Lessee shall either sell so much of said gas as it may be able to ;;;Wet . for,and pay the Les3a o alty provided herein on the volume of gas so sold, or Lessee may,if ' c , suspend theelfi operation of such gas well or time to time and during the period of such pay or tender to the Lesso _ _ _ as rental____ _ ce, a per acre for so much of the acreage then held under rental to continue until°producing operations are re- sunned and royalties are paid to the Lessor as above prove . ' further understood and agreed that if the Lessee shall complete a well wh' ail to produce oil in paying quantities, roduces gas in paying quan- tities,it shall not be o conduct any further drilling operations on said land (except of offset wells as herein ecl}unless,and-until,in its judgment,t1w drilling of cuoh additional w".under-the this lease..._..:.. 10. If it should hereafter appear that the Lessor at the time of making this lease owns a less interest in the leased land than the fee simple estate or the entire interest in the oil and gas under said land, then the rentals and royalties accruing hereunder shall be paid to the Lessor in the proportion which his interest bears to the entire fee simple estate or to the entire estate in said oil and gas. sUbjeot to written OOnsent 01 Lessor, 11. There is hereby expressly reserved to the Lessor,and as well to the Lessee/le right and privilege to convey,trans- fer or assign in whole or in part its interest in this lease or in the leased premises or in the.oil and/or gas therein or pro-J#�, duced therefrom,but if the Lessor shall sell or transfer any part or parts of the leased premises or any interest in the oil"' and/or gas under any part or parts thereof the Lessee's drilling obligations shall not thereby be altered, increased or en-1�411 larged,but the Lessee may continue to operate the leased premises and pay and settle rents and royalties as an entirety. 1 land at the tune this lease and oil or gas is produced therefrom in paying quantities require-p,i)f ments as specified in paragrap fully complied with, and t we shall operate the samet�to i and market the oil or gas produced therefrom, en o set such well by the commencement of drilling W operations within ninety days after i ' t the produc ion om such well is in paying quanti-J:-F{,H' ties and that the o is then producing and marketing oil or gas therefrom or f satisfying obli- . 13. The obligations of the Lessee hereunder shall be suspended while the Lessee is prevented from complying there- with,in whole or in part,by strikes,lockouts,actions of the elements,accidents,rules and regulations of any Federal,State, Municipal or other governmental agency, or other matters or conditions beyond the control of the Lessee,whether similar to the matters or conditions herein specifically enumerated or not. sil tmcea ou its rovementsarnd aH taxes on-its oil stored on-the leased .s..�: .: . _ Y• �P _ . Premises ou"the...., ,. fast Monday of March in each year,and_ a the taxes Ievied and assessed against the petroleum mineral rights.Lessor agrees to pay all taxes levied and assessed against the land as such and__ lL6__. of the taxes levied and assessed against the petroleum mineral rights.In the event the State,United States or any munic- ipality levies a license,severance,production or other tax on the oil produced hereunder,or on the Lessee's right to oper- ate, then and in that event the Lessee shall pay-_.__5/6__---- ---of said tax and Lessor shall PaY-- 1'�g —— ---__of said tax. _ 15. .The Lessee agrees not to drill any well on said land within-__._.-..__ —__ __. (__) feet of the now existing building thereon without the written consent of the Lessor. The Lessee agrees to pay all damages directly oc- casioned by its operations to crops on said land. 16. The Lessor may at all reasonable times examine said land,the work done and in progress thereon,and the produc- tion therefrom,and may inspect the books kept by the Lessee in relation to the production from said land,to ascertain the production and the amount saved and sold therefrom.The Lessee agrees,on written request,to furnish to the Lessor copies, of logs of all wells drilled by the Lessee on said land 17. All the labor to be performed and materiel to be furnished in the operations of the Lessee hereunder shall be at the cost and expense of the'Lessee, and the Lessor shall not be char eable with, or liable for, any pert thereof; and the Lessee shall protect said land against ' .ns of every character arising from its operations thereon. E(H I BIT-_..:.A.�.._.-_.� I o - BUOK�ZSJ'l AGE 5►1 :8. Upon the written request of ssor,the Lessee agrees to lay all pipe bwohich, it constructs throw c tip voted flelds, below plow depth, and or request agrees to fence all sumpr other excavations to safeguard livestock on said land: 19. The Lessee shall have the right at any time to remove from said land all maahiaery,rigs, piping, easing,pwvwl stations and other property and improvements belonging to or furnished by the Lessee, provided that such removal Shia be completed within a reasonable time after the termination of this lease. Lessee agrees after termination of this lease to t� fill all sump holes and other excavations made by it. 20. If royalty oil is payable in,cash,Lessee may deduct therefrom a proportionate part of the cost of treating unmet ; 1 ehantable oil produced from said premises to render same merchantable. In the event such oil is not treated on the leased -� premises,Lessor's cash royalty shall also bear a corresponding proportionate part of the cost of transporting the oil to the CO treating plant.Nothing herein contained shall be construed as obligating Lessee to treat oil produced from the herein de- CDO scribed premises. If Lessor shall elect to receive royalty oil in kind, such royalty oil shall be of the same quality as that removed from the leased premises for Lessee's own account, and if Lessee's own oil shall be treated before such removal, Lessor's oil will be treated therewith before delivery to Lessor and Lessor in such event will pay a proportionate part of the eost of treatment. 21. Upon the violation of any of the terms or conditions of this lease by the Lessee and the failure to begin to rem- a14i 1! fe�+itbiri---30 8-7 after written notice from the Lessor so to do, then, at the option of the Lessor, this leash shall forthwith cease and terminate,and all rights of the Lessee in and to said land be at an end, save and excepting acres surrounding each well producing or being drilled and in respect to which Lessee shall not be in . jq*"--default,and rowing and excepting rights-of-way necessary for Lessee's operations;provided,however,that the Lessee may, •t my time after such default,and upon payment of the sum of---W±Qo Dollars to the Lessor as and for fixed and liquidated damages,quitclaim to the Lessor all of the right,title and interest of Lessee in and to the leased lands in respect to which it has made default, and thereupon all rights and obligations of the parties hereto one to the other shall thereupon cease and terminate as to the premises quitclaimed. 22. All royalties and rents payable in money hereunder may be paid to the Lessor by 11 or felivering a check . B. eLon 756 Sou r adw Los An les 4 1=0 BQ �p a rne. therefor to ge;��; :- e ' --P� i� at�-- `° its successors an ssigns, ere esignatea by the Lessor as eposiary, a Lessor' hereby granting to said depositary full power and authority on behalf of the Lessor,his heirs,executors,administrators,successors and assigns,to collect and receipt for all sums of money due and payable from the Lessee to the Lessor hereunder.No change in the ownership of the land or minerals covered by this lease, and no assignment of rents or royalties shall be binding on the Lessee until it has c been furnished with satisfactory written evidence thereof. 4t 23. Lessor hereby warrants and agrees to defend title to the land herein described, and agrees that the Lessee,at its option,may pay and discharge any taxes,mortgages,or other liens existing,levied or assessed on or against the above de-scribed land;and,in the event it exercises such option,it shall be subrogated to the rights of any holder or holders thereof and may reimburse itself b applying to the discharge of an such mortgage, to or other lien an royalty or rentals Y Y -_ g Y x, � Y y tY I{ accruing hereunder. k 24. If and when any oil produced from the demised premises shall for any reason be unmarketable at the well at the price mentioned in paragraph 8 hereof,the Lessor agrees in such case to take and receive his royalty in kind, and should he fail or refuse so to do, then the Lessee may sell the same at the best price obtainable, but not less than the price which the Lessee m c r o of f e e a �' � ic ' $ig`oe $ o ` iagraph 6 25. The words as used'herein sh ' ae he u to mean any work or actual operations undertaken or commenced in good faith for the purpose of carrying out jany of the rights, privileges or duties of the Lessee under this lease,followed diligently and in due course by "u'g in gr°u'ul' arljyyiRg °e .°t' Present '(f1N the actual a oszkinn a£.dri tl}e. 26. On the expiration or sooner termination of this lease, Lessee shall quietly and peaceably surrender possession of the premises to Lessor and deliver to him a good and sufficient quitclaim deed, and so far as practicable cover all sump holes and excavations made by Lessee. Before removing the casing from any abandoned well Lessee shall notify Lessor of the intention so to do, and if Lessor within thirty (_30) days thereafter shall inform Lessee in writing of Les- sor's desire to convert such well into a water well, and for that purpose to retain and purchase casing therein, Lessee will leave therein such amount of casing as Lessor may require for said purpose,provided such procedure is lawful and will not violate any rule or order of any official, commission or authority then having jurisdiction in such matters, and provided further that Lessor pay to Lessee 2'ittY (_50) per cent of the original cost of the casing on the ground. 27. Lessee may at gy time quitclaim this lease in its entirety or as to part of the acreage covered thereby, with the privilege of retaining__ —_ones _(1—) acres surrounding each producing or drilling well,and thereupon Lessee shall be released from all further obligations and duties as to the area so quitclaimed,and all rentals and drilling require- ments shall be reduced pro rata.All lands-quitelaimed shall remain subject to the easements and rights-of-way herein- above provided for.Except as so provided, full right to the land so quitclaimed shall revest in Lessor, free and clear of all claims of Lessee,except that Lessor, his successors or assigns, shall not drill any well on the land quitclaimed within One hundred `(10Q feet of any producing or drilling well retained by Lessee. 28. If this lease shall be assigned as to a particular part or as to particular parts of the leased premises,such division or severance of the lease shall constitute and create separate and distinct holdings under the lease of and according to the several portions of the leased premises as thus divided, and the holder or owner of each such portion of the leased prem- ices shall-be.requim to-comply with and perform the Lessee's obligations under this lease for, and only to the extent of-his portion of the leased area,provided that nothing herein shall be construed to enlarge or multiply the drilling or rental obligAtions�'dff&provided further that the commencement of the drilling operations and the prosecution thereof, as pro- vided in paragrapb,6.hereof, either by the Lessee or any assignee hereunder, shall protect the lease as a whole. ,28. This lease'add all its terms,conditions and stipulations shall extend to and be binding upon the heirs, executors, �, achriinistratots,.granWs,successors and assigns of the parties hereto. A,':, . 90. Any no�ice ofn the Lessor to the Lessee must be given by sending the same by registered mail addressed to the Lessee, 8071 Alice Avenue, and any notice from the Lessee to the Lessor must be given by sending Man the sa' ei.by're'g'istered mail,addressed to the Lessor at 756 South Broadwa�,_Los AxigelAs 14 C,elif IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly executed as of the date first hereinabove written. SO LES 71 It 4 t BOOKei�57 AGE 51 4 18. Upon the written request of ssor,the Lessee agrees to.lay all pipe which it constructs throughc ti+ vated fields, below plow depth, and imilar request,agrees to fence all sum or other excavations to safeguard livestock on said land. 19. The Lessee shall have the right at any time to remove from said land all maehinery, rigs,piping, easing,pumping stations and other property and improvements belonging to or furnished by the Lessee, provided that such removal shall be completed within a reasonable time after the termination of this lease.Lessee agrees after termination of this lease to 00 fill all sump holes and other excavations made by it. - 4 20. If royalty oil is payable in.cash,Lessee may deduct therefrom a proportionate part of the cost of treating unmer- 1 chantable oil produced from said premises to render same merchantable. In the event such oil is not treated on the leased, premises,Lessor's cash royalty shall also bear a corresponding proportionate part of the cost of transporting the oil to the CC) treating plant.Nothing herein contained shall be construed as obligating Lessee to treat oil produced from the herein de- — scribed premises. If Lessor shall elect to receive royalty oil in kind, such royalty oil shall be of the same quality as that Cil femoved from the leased premises for Lessee's own account,and if Lessee's own oil shall be treated before such removal, U-1 Lessor's oil will be treated therewith before delivery to Lessor and Lessor in such event will pay a proportionate part of the cost of treatment. 21..Upon the violation 01 any of the terms or conditions of this lease by the Lessee and the failure to begin to rem- t taw *Ithbi. . 30 dtTs after written notice from the Lessor so to do, then, at the option of the Lessor, this lead shall forthwith cease and terminate,and all rights of the Lessee in and to said land be at an end, save and excepting acres surrounding each well producing or being drilled and in respect to which Lessee shall not be in au1t,and raving and excepting rights-of-way necessary for Lessee's operations;provided,however,that the Lessee may, at any time after such default,and upon payment of the sum of_110.00 _ _ _ ( ) Dollars to the Lessor as and for fixed and liquidated damages,quitclaim to the Lessor all of the right,title and interest of Lessee in and to ' the leased lands in respect to which it has made default, and thereupon all rights and obligations of the parties hereto one to the other shall thereupon cease and terminate as to the premises quitclaimed. 22. All royalties and rents payable in money hereunder may be paid to the Lessor by_mgiDUg or delivering a check 31. Lessee hereby agrees eb a ees to file with the Division of Oil and Gas of* the State of California and with the City, of Huntington Betoh the 'bonds necessary and required to' be filed for the carrying on of operations- on E.N.N• the herein described property,' either for the cleaning out and/or the deepening of the present drilled well now located on the property-, or 'for the drilling of any new well on the property. Lessee further agrees to carry on diligent operations in the cleaning out of the presently abandon- ed well on the property formerly known as the Davis Investment Company - DeLong Well' No. 19 and to place said drilled well on production. In the event' Lessee decides' to drill a new well on the herein described property the well ' shall* not be located within 150 feet of the seat boundary of the property. ZZesse s ingresssand egress to aeid 'propertyy shall be 'on a road not more them 2$ ft. in width and. as. close to south boundrY line as. possib . Lessee-shall-2'urnish Lessors- duplicate copies of monthly oil- and" - gas statements from purchasers of said products as and when royalty oil ,,; . and gas payments are made to Lessors by Lessee. 33. No producing well shall be' left off production by Lessee for more440. on to lace said t ,than' 0 days without remedial operations are carriedp � nth n 3 y well on production again, nor shall reconditioning or deepening operat- 'Ions 'be- suspended by Lessee for more than 30 days without operations being resumed again. 34. Should a deeper oil' zone be discovered below a depth of 4,000 feet, and within 330 feet of the herein described property, that produces oil E:rn% in commercial quantities, then the Lessee if he does not within 90 days ' thereafter from date of said discovery oommenos operations for deepeningC44 ' the- present well or drilling a new well to said deeper oil zone, does hereby grant permission to Lessor or his assigns to enter upon said prop- erty and drill a new well or wells to said- lower producing oil zone, without hindrance of any kind whatsoever from Lessee or hie agents*, and Lessor or his assigns may produce said well or wells from said lower oil zone or zones and install all necessary equipment for production operat- ions on the said property. Lessor in this event agrees not to interfere '"with^the production operations -of-Lessee in-the drilling-of- said new well or wells and shall not produce said new. well or wells from the same zone ,as Lessee- is producing from on the said property. —�b� - 90. Any no ce b fn the Lessor to the Lessee must be given by sending the same by registered mail addressed to the Lessee, Bo Alice. Avenue, ' _ and any notice from the Lessee to the Lessor must be given by sending the saine.by registered mail,addressed to the Lessor at 756 South Broadwa�� Los Angeles_l4� C_81if. IN WrMESS WIIEREOF, the parties hereto have caused this agreement to be duly executed as of the date first hereinabove written. SO LES STATE OF California 87--4981 5J ' BOOK3857 PACE153 County -- LOs Angeles �. • 5th aroh • fifty seven On this day of in the year nineteen hundred and before me, Mary C . Minor a Notary Public in and fos the County of Los Angeles , State of California,residing therein, duly commissioned aid sworn, personally appeared H. B. DeLong.and Elizabeth M. DeLong knovm1d"'}ne'tq be the persons whose name s are -_subscribed to the within instrument, and acknowl. edjed',16•me'that_Ma--.---executed the some. J IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. 7. Notary Public in and for County of.. Lob Angeles i ti• �y.� State of California My com;hission expires May 6, 1957 STATE OF_Ca lif ornia sa. . County of Los Angeles On this_._ / .� day of_____Maroh in th year nineteen hundred and fifty_ seven before me, _.. ,�T" - lC�� —�a Notary Public in and for the County of Los Angeles State of California,residing therein, duly Commissioned and sworn, personally a Harry H. Harpootien and Elizabeth H. Harpoetian knowp tp me to,;e the persons whose names are •.___.subscribed to the within instrument, and acknowl- edged to meAr t , they executed the same. . :. wwmmsSOF,I have hereunto set my hand and affixed y official se y firs above written Notary Public in and for We County of ' State of California 001, RECORDED AT REQUEST OF My Commission Expires Oct.2,19U BOGK38571ACEIL49 AP - 1 1957 a o AT ...M...MIN.PAST..I1R:A..M OFFICIAL RECORDS OF RANGE COUNTY CAUFORf�IA I I WV` M ° z ��,��„•.. AFC ..� � � � I I n b M i W , ° v ba � �' y, h°wtr ea ...�..... ( y O Er $, cs. ° 0 LIE Rig n a 04 I, f9 b I � cr) W 0 o i STATE OF CAUFORN7A, Orange �• Cotknty of INKA Mardi ON .n„o 18tLucil�e I. Hrsson la-� before ,>,a, a Notary Public in and or said County and State, personally appeared. W. Mi•!L ELLIOTT known to me, to be the person—whose name— ie subscribed to the within Instrument, and acknowledged to me that SIB executed the same. IN Wrrxsss WOOF, I have hereunto set my hand and affixed my official vial seal the day ow Vor m mit oofo Am above 0#01, ;► EXHIBIT ® AVOMM in aW tar=W Caueev 9tau. • ACKNOWI.=QMaNY— GamzRAL— WOLcowsi Poem zee ii�:'J(�' 11>II;� _ r•,e ,•ti: ir. ,.,GO 09000 - • 8r:*-430361. • RECORDED IN OFFICIAL RECORDS Recording requested by OF ORANGE COUNTY. CALIFORNIA and return to: �215 pM JUL 29 '87 HUNTINGTON BEACH CITY CLERK' S OFFICE C.Ci ��.+�.,�.� aCOUNoeA 2000 Main Street Huntington Beach, CA 92648 This document is solely for the official business of the City EX E V1 ' of Huntington Beach, as contem- plated under Government Code Sec. 6103 and should be recorded free of charge. AGREEMENT FOR SALE OF REAL PROPERTY BETWEEN THE CITY OF HUNTINGTON BEACH, AND WILLIS AND LOLA ELLIOTT This agreement is made by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California (hereinafter referred to as CITY) , and WILLIS MELVIN ELLIOTT and LOLA DEAN ELLIOTT (hereinafter referred to collectively as SELLER) , for the purchase by CITY of certain real property interests situated in the City of Huntington Beach, California. WHEREAS, CITY desires to purchase said property interests for cash and SELLER desires to sell said property interests to CITY, NOW, THEREFORE, the parties agree as follows : 1 . PURCHASE PRICE - The purchase price for the real property interests is twenty four thousand, five hundred dollars ($24, 500 ) to be paid within sixty ( 60 ) days of the execution hereof, subject to the conditions set forth in Section 3 . 2. PROPERTY INTERESTS - SELLER shall, within thirty ( 30 ) days of the execution hereof, grant by deed, assign and transfer to CITY: a) All rights to and interests in the oil well designated as DeLong #3, including but not limited to all surface rights or rights of entry, the well bore, and the seven ( 7 ) inch casing. 1 . 87-4303 . b) Assign to the City of Huntington Beach all rights to and interests in the Oil and Gas Lease dated March 5, 1957 and described as covering: "The South 132 feet of Block 2304 and the South 132 feet of the North 198 feet of Block 2304, of the East Side Villa Tract, City of Huntington Beach, as recorded in Book 4, page 65 of Miscellaneous Maps, Orange County, California, containing two ( 2 ) acres, more or less . " A copy of said Oil and Gas Lease is attached hereto as Exhibit "A" and incorporated herein by this reference as though fully set forth. c) All rights to and interests in the right-of-way and easement in the Grant Deed dated April 19, 1963 and described as covering "The Northerly 20 feet of the Southerly 154 feet of the Easterly 100 feet of Block 2304 of the East Side Villa Tract, City of Huntington Beach as recorded in Book 4, Page 56 of Miscellaneous Maps, Records of Orange County, California . A copy of said Grant Deed is attached hereto as Exhibit "B" and is incorporated herein by this reference as though fully set forth. d ) All rights to and interests in the undivided one-half interest in the mineral rights described in the Grant Deed dated April 19, 1963, a copy of which is attached hereto as Exhibit "C" and incorporated herein as though fully set forth. 3. CONDITION PRECEDENT - Any performance of this agreement by CITY is contingent upon the condition that CITY is able to obtain the total lessor 's interest in the Oil and Gas Lease (Exhibit "A" ) referred to in Section 2 above by paying the sum of two thousand dollars ($2, 000 ) to the current lessors H. B. De Long and Elizabeth M. De Long. 4. EXISTING EQUIPMENT - SELLER shall, within ninety ( 90 ) rain free days of the execution hereof, remove from the property covered by the above-described Oil and Gas Lease (Exhibit A) all of SELLER' s equipment including: tanks, above ground pipe lines , tubing in the well, pumping unit and engine. 5. WARRANTY - SELLER warrants to defend the above-described property interests conveyed to CITY against the lawful claims of any person or persons whomsoever . SELLER warrants to convey to CITY good and marketable title to the property interests, and warrants that said interests have not been previously conveyed to any other person or encumbered. 2 . STATE OF CALIFORNIA ) t COUN OF ORANGE ) SS 87-430361 . , TY ST --� On this �/ day of S��y 19 i 1017 ./ , before me, a Notary Public in and for said County and State, personally appeared Torc-k e llx , known to me to be the Mayor and Aiwa M• yi n�w•oa. Z_x , known to me to be the City Clerk of the City of Huntington Beach, the municipal corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of said municipal corporation and acknowledged to me that such municipal corporation executed the same. OFFICIAL SEAL CONNIE A BFOCKWAY a ._-- • NOTARY PUBLIC -CALIFORNIA ORANGE COUNTY My comm. expires OCT 10, 1989 GENERAL ACKNOWLEDGMENT NO.201 State of n1a On this the day of �2D/Y/JDC�f 19,?�_, before me, SS. / County of Al �CG7/!�C 0C the undersigned Notary Public,personally appeared s� N1A1lien Ell 4id /,46 bean EI1; ott- Iva, ❑ personally known tome 1-1c�proved to me on the basis of satisfactory evidence Vy �r�190t to be the person(s)whose name(s) n Y� subscribed to the C'��' @ within instrument,and acknowledged that executed it. WITNESS my hand and official seal. Nofary's IqOture 7110 122 NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd.•P.O.Box 4625•Woodland Hills,CA 91364 47-430361. 6 . RECORDING - For recording purposes pursuant to Government Code §27281, this paragraph is to certify that the interest in real property conveyed by this agreement from WILLIS MELVIN ELLIOTT and LOLA DEAN ELLIOTT to the CITY OF HUNTINGTON BEACH, a governmental entity, is hereby accepted by the undersigned City Clerk on behalf of the City Council of the City of Huntington Beach pursuant to the authority conferred by Resolution No. 3537 of the City Council of the City of Huntington Beach adopted on August 7, 1972 and the grantee consents to recordation thereof by its duly authorized officer . 7. ENTIRE AGREEMENT - This instrument contains the entire agreement between CITY and SELLER respecting said property, and any agreement or representation respecting said property or the duties of either CITY or SELLER in relation thereto not expressly set forth in this instrument is null and void. 8. EFFECTIVE DATE - This agreement is effective on the date of subscription by the City Clerk following City Council approval and mayoral subscription as provided by Section 613 of the Huntington Beach Charter . SELLER: IT OF HUNTIN TON BEACH A Mu ic ' al C rporation f t ' S ate of lifornia Willis Melvin Elliott May r Lola Dean Elliott INITIATED AND APPROVED: APPROVED AS TO ORM: Director of Community Services City Attor ey T� REVIEW ND APPRO ED: ATTEST: City Administra or V City Clerk Date: pq S'7 1677L 1-9-87 No. 1 3 . .T 87-4.30361. st;h as fifty seven On thl� d.�y I?&__-• = in the year. uineteen hued. before Ine, Mary C , u no r _ _ __. _ a Notary Public in and Loa the County of Los AnS�' ®s - ----�-� Statsa of California, residing therein, duly oornmissionad and sworn, personally aplaeared._ _. H. B. DeLon. _and Elizabzth M. DeLong knowm to-fne'tq b.the person_a whose name a9 are -----..__sul>,scribed to the within instrument, and Ack- wl- 0a� ,�Aine that:—.jjj -------*uecuted the crime. ^iN WITNESS WHEREOF,I have hereunto set any hmzud and affixed my official,Seal the day and year first above writtom • '. Notary Public in and for County of. Lae Angeles _ Stalat�a of Wiforta" es LJ1 `- My coo,ilisslon expires May 6. 1957 STATE OF—C a lif or n i a _...__.___. • County Cd Los Angeles Ma�roh lift _ seven On this.- day of._.___..M_ th year nizaeteen hundred and_ .3t a Notary Public in and for before me, the County of Lana angel®a3 ___, .�.Iata of California, residing therein, duly comin:issioned anal sworn, parrsonaatlly appeared Harry Harpootisn and Ylizabeth H. 8apo4tian kno"t ul®to4)e the persons whose namesare --- .___.subscribed to the within instrument, and acknowl- ed4ed to me thpt h --.-_executed the same. Ii:ypjIWESS:WIVEREOF,I have hereunto set my hand and aimed . y official sea loss y firs above writtem r+ a °1 y Notary Pubbe in and for tl a County of � Staate of Caaforraia y a ¢iECORDED.. AT REQUEST OF M Commission E, iris OcG�,f 9Sj i��'^'� _Lys -:. .,._• _ _._ . ._-�-._... _.... .« ..0"�AkM".r5+�:.,'.. ..X' �y.w+yw. •r , .....��•xr�* ratl3+.ed s,,.c. iN 1 1957 4 AT ....��._.MIN. PAST../_.1Rfw...M• I � OFFICIAL RFCORDS OF • f RANGE COUNTY CAI,IFORt�IA m � � NY �(yy i 0 i+ STD II WWWrr & �\ �W 444111 PI Cl)o h od 611s. 20 0 I ►-� . o p (� M y. „y apt 4 "_,,. '.. �iTA'Ila: t)II' lr,A.,l.air°�I/ICblln, � ` a..... . Dry , ' County of XXXXW Mar dl or Lueil a I. 1`ir son a rotary Publio in and for said County and State, peratoruW y appeared known to aw, f s to be the persors_-..whose nan+e_— subscribed to the u*hdam Inotrurnew, and acknowledged to me that_.__he executed the same. . . a IN Wn-mm WLmnov, 1 have hereunto set my hand and affixed my official seed The lby arod yaa On AM 0004WO OM 00 ON Natary an ow tar meld CQUOU staw. r�.K'.KtIt�M(4�dUtaEdl�1't'T'" aaawate�l.+a4 "^ Wabo�+rra a�pRM Ayel � a . , , ,, i ,. LO oa8@®6 ha .a e,ll4ai:i{�:.:�I• .naia S'».1�',�•.[ ��.i..1�1;L,. nce.aneaea�: .- ,.?�:�R'±'f! 3, ','3 AND GAS LE*E 87 430361. THIS AGREEMENT, ma ,a6 "entered into this 5thday of March , 18 S? , by and between H. B.- DeLong and Elizabeth M. DeLo_ng, husband and wife, ( Owners of an -Undivided 1 2 Interest), and Harry H. Ha - of an and Elizabeth H. Har oo- - 'M-srff...of -a 1--Wd I-Ma Lien, husband and-wifeL(1 2 _1AW_0AV1......._ rty of the firs herein styled "Lessor," and_.lrs_Mel Elliott __ __ �• _ party of the second part, herein styled "Lessee." M,4 CL._ WITNI'SSETH:That for and in consideration of00_ Dollars lawful money of the United States of America, to the Lessor paid, and of other valuable considerations, the receipt of all of which is hereby acknowledged, and in consideration of the covenants and agreements hereinafter contained by the Lessee to be kept and performed, the Lessor has granted, leased, let and demised, and by these presents does grant, lease, let and demise unto the Lessee, its grantees, successors and assigns, the land and premises hereinafter described, with the sole and exclusive right to the Lessee to_drill for produce,extract,take and remove oil,gas, asphaltum and other hydrocarbons (and water without cost 'for its operations from, and to store the same upon, said land during the term hereinafter provided, with the rlghvd- entry thereon at all times for said purposes, and to construct, use, maintain, erect, repair and replace thereon and to remove therefrom all pipe lines, telephone and telegraph Imes,tanks, machinery, buildings and other structures which the Lessee may desire in carrying on its business and operations on said land, or adjoining or neighboring premises and operated by Lessee, with the further right to the Lessee or any of its subsidiaries to erect,maintain,oppeerate remove a plant with all necessary appurtenances, for the extraction of gasoline from gas pproduced from said Cd and/or oth% premises in the vicinity of said land, including all rights necessary or convenient thereto, together with lights-of-way for passage over, upon and across, and Ingress and egress to and from, said land, for any or all of the above mentioned pur- poses.The possession by the Lessee of said land shall be sole and exclusive, excepting only that the Lessor reserves the right to occupy said land or to lease the same for agricultural,horticultural,or grazing uses,which uses shall be ed on subject to,and with no interference with, the rights or operations of the Lessee hereunder.The land which is the subject of this lease is situated in the County of Ora Me. _ State of Californig and is described as follows, to-wit: The South 132 •feet of Blook 2304 and the South 132 feet of the North 198 feet of Blook 2304, of the_Last Side Ville Traot, City of Huntington Beaoh, as reoorded in Book 4, page 85 of Mieoell- ansoUs Maps, Orange County, California, oontaining two (2) aores, more or less. ,.s 4 and contains—two (2) acres, more or less. TO HAVE AND TO HOLD the same for a term of twenty 00 ) years from and after the date hereof and so long thereafter as oil or gas, or casinghead gas, or other hydrocarbons substances, or either or any of them, is produced therefrom,or drilling operations are conducted thereon,or Lessee is excused therefrom, under terms pereof. In consideration of the premises it is hereby mutually agreed as follows: 1. Lessee shall pay Lessor as royalty on oil the equal 1/8 part of the proceeds of all oil produced, saved and sold from the leased premises,after making the customary deductions for temper ature,water and b.s. at the posted available market price in the district in which the premises are located for oil of like gravity the day the oil is run into purchaser's pipe line or storage tank, and settlement shall be made by Lessee on or before the 25th day of each month for accrued royalties for the preceding calendar month. At Lessor's option exercised not oftener than once &any one calendar year upon ninety I ( 90j days'previous written notice,Lessee shall deliver into Lessor's tanks on the leased premises,or at mouth of well to pipe line designated by Lessor free of cost, Lessor's royalty oil,provided that Lessee may at any time purchase and take Lessor's royalty oil at said posted available market price.No royalty shall b i due to the Lessor for or on account of oil lost through evaporation,leakage or otherwise prior to the marketing of the same or delivery to'Lessor if royalty oil is being taken in kind. 2. For all gas produced,saved and sold from said land by Lessee,the Lessee shall pay as royalty the. 1 8 part of the net proceeds from the sale of such gas, but nothing herein contained shall be deemed to obligate the Lessee to produce,save,sell or otherwise dispose of gas from said land. For the purpose of having gasoline extracted from gas pro- duced from said land,the Lessee may transport,or cause to be transported,to a gasoline extraction plant located either on said land or on other lands, all or any portion of such gas where it may be commingled with gas from other properties. Loaaoshall-metersuch gas so transported end such o etc r=than together with tho results of content tests by recognboed --r methods made at approximately regular intervals,at least once every month,shall furnish the basis for computation of the amounts of gasoline and residue gas to be credited to this lease.Gas used or consumed,or lost in the operations of any such plant,shall be free of citar `.,,an,Lessee shall not be held 1)Ven!,vfRMl to 0�te Lessor f,.,r the s£mp)r for a.ry r»,�•gltyt!,:erecn. Lessee shall not ue required to pay royalty for or c:n.,ccoant of Hny gas used for repressuring any oil-bearing formation which is being produced from by a well or wells on the leased premises,even though such repressuring is done by injecting such gas into wells not-situated on the leased premises.The Lessor shall be entitled to gas free of charge from any gas wells on the leased premises for all stoves and inside lights in the principal dwelling houses on said land by making his own con- nections at a point designated by Lessee, the taking and use of said gas to be at the Lessor's sole risk and expense at all times 3. Any casinghead gasoline extracted from gas produced from said land shall,at the option of the Lessee,be returned to the oil produced therefrom and shall be treated as a part thereof; otherwise the Lessee shall pay to the Lessor as royalty for such extracted gasoline the equal. 1/6 part of the net proceeds of the sale thereof after deductiug transportation and extraction costs,or of the Lessee's portion thereof if extracted on a royalty basis. If there shall be no available market and/or no public or open market price for the gasoline at the place of extraction,then the Lessee shall be entitled to sell and/or dispose of all the gasoline for the best price and on the best terms obtainable, but in no case shall settlement of royalty be at a less price than that obtained by the Leo-ee for its portion of the gasoline. 4. The Lessee shall not be required to account to the Lessor for, or flay royalty on, oil, gas or water produced by the Lessee from said land and used by it in its operations hereunder, but it may use such oil, gas and water free of charge. 5.eernMeneiagrri0e-•Ilse---------- .- ------•_ �H[RIT 1nr 4.is - e�sill' alp n drilled wel -4303 I �N 6. The Lessee agrees to commenc Aerations on say within.____ om the date here- of (unless the Lessee has sooner commenced the drilling of an offset well on said land as herein provided) and to prosecute &same with reasonable diligence until oil or gas is found in paying quantities, or to a depth at which further r� N?ti&ld,in the judgment of the Lessee,be unprofitable;or it may at any time within said period terminate this lease and� surrender said land as hereinafter provided.No implied covenant shall be read into this lease requiring the Lessee to drill or to continue drilling on said land,or fixing the measure of diligence therefor. first well drilled, tho Lessee _ (..._..) riaonths after the a ooment of theC first well,commence on said land drilling opera we rosecute the same with reasonable dtli�`p gence until oil or gas is found in paying quantities k&&Aeth at which further drilling would- 1.44. the judgment of the Lessee,be a Lessee shall in like manner continue until oil or gas in ying quan ' ' ut subject always to the terms and conditions hereof and with the rights erem given. an. "Upef 8. the provisions .s susgensioan privileges herAinafter set forth, shal continua to drill addit' �''^!t, land as rapidly as one string o 'th reasonable diligence can comFlete ere shall have been completed on said land as many wells as shall equal the d under this lease divided by_ ;where N� upon the Lessee shall hold all of the lan er filling obligations; pro , ssee may defer the com- mencement ations for the second or any subsequent well for a period not to exceed_ .Except as herein otherwise provided,it is agreed that the Lessee shall da�il c�u;:��. 1��operate each completed oil well with reasonable diligence and in accordance with good oil field practice so long as such wells shall produce oil in paying quantities while this lease is in force as to the portion of said land on which such well or wells are situated;but in conformity with any reasonable conservation or curtailment pro- gram affecting the drilling of wells or the production of all oil and/or gas from said land, which the Lessee may either voluntarily or by order of any authorized governmental agency subscribe to or be subject to. Drilling and producing operations hereunder may also be suspended while the price offered generally to producers in4he same vicinity for oil of the quality produced from said land is_.ae®enty I' cents or less per barrel at the well, or when there is no available market for the same at the well. w as in paying quantities,the Lessee shall either sell so much of said gas as it may be able to et .�✓ for,and pay the s gr/ oyalty provided herein on the volume of gas so sold,or Lessee may, c , suspend the " operation of such gas well or vl time to time and during the period of such pay or tender to the Lesso as rental- Ice, a su —.. -- y per acre for so touch of the acreage then held under rental to continue untillproducing operations are re- supned and royalties are paid to the Less_ora.gazt�o as above prove further understood and agreed that if the Lessee shall complete a well w to produce oil in paying quantities, roduces gas in paying quan- tities,it shall not be conduct any further drilling operations on said land (except of offset wells as x haraina ad}.0 less and until,in its judgma t;-he slrilUzg of s�:ih addlaiticanaI svelte under-the pro f,t le se.-- . 10. If it should hereafter appear that the Lessor at the time of making this lease owns a less interest in the leased land than the fee simple estate or the entire interest in the oil and gas under said land, then the rentals and royalties accruing hereunder shall be d to the Lessor in the proportion which his interest bears to the entire fee simple estate or to the erg estate in said and gas, SUb Jeot to written 000isent o ®ssor, 11. There is hereby expressly reserved to the Lessor,and as well to the Lessedze right and privilege to convey,trans fk - fer or assign in whole or in part its interest in this lease or in the leased premises or in the oil and/or gas therein or pro- duced therefrom,but if the Lessor shall sell or transfer any part or parts of the leased premises or any interest in the oil , and/or gas under any part or parts thereof the Lessee's drilling obligations shall altered, not thereby be increased or en- gel larged,but the Lessee may continue to operate the leased premises and pay and settle rents and royalties as an entirety. land at the tun this lease and oil or gas is produced therefrom in paying quantities require-1h* ments as specified in paragrap fully complied with, and t we shall operate the samecivO 1 and market the oil or gas produced therefrom, en o set such well by the commencement of drilling;" operations within ninety days after ' ' t the produc on om such well is in paying quanta-JFGd' ties and that the en producing and marketing oil or gas therefrom. or f satisfying obli- 13. The obligations of the Lessee hereunder shall be suspended while the Lessee is prevented from complying there- with,in whole or in part,by strikes,lockouts,actions of the elements,accidents,rules and regulations of any Federal,State, Municipal or other governmental agency, or other matters or conditions beyond the control of the Lessee,whether similar to the matters or conditions herein specifically enumerated or not. :. .i,.•4.44,.Ae.Lgwm shall'ps ell taxes on its-lmProvesments and-a►13 taxes on its oil stored on the leased pssa:a6see on the �. first Monday of March in each year,and.._. _— _.of the taxes levied and assessed against the petroleum mineral rights.r,essar ac;Meev to pay all taxes levied anA assessed against the lacid as su-.1 and_ of the taxes levied and assessed against the petroleum mineral rights.In the event the State,United States or any munic- ipality levies a license,severance, production or other tax on the oil produced hereunder,or on the Lessee's right to oper. ate,then and in that event the Lessee shall of said tax and Lessor shall pay. ----of-_of said tax. 15. .The Lessee agrees not to drill any well on said land within.—... feet of the now existing building thereon without the written consent of the Lessor. The Lessee agrees to pay all damages directly oq. aasioned by jta operations to crops on said land. 16. The Lessor may at all reasonable times examine said lanid,the work done and in progress thereon,and the produo- tion therefrom,and may inspect the books kept by the Lessee in relation to the production from said land, to ascertain the production and the amount saved and sold therefrom.The Lessee agrees,on written request,to furnish to the Lessor copies ' of logs of all wells drilled by the Lessee on said land. ' 17, All the labor to be performed and material to be furnished in the operations of the Lesser hereunder shell be at the cost and "pion" of the Lear*, and the Lsssor shrill not be chargeable with, or liable for, any part thereof; and the Upee shalt protect said land against ' .ns of every character arising from its operations thereon. A9. Upon the written request of sear,the•Lew a t;grees to fsiy ate pipe p s wnicn a� c+�a,�uu�� uuuU�, �... ,t�3,4ir'l , below plow depth, and ui az sr zegves'i agrees to fence all sum holes or other excavations to safeguard livestock on said land. 29. The Lessee shall have the xight at ny time to remove. from said land all mac ry, rigs,piping, owing,pump stations and other property and improvements belonging to or furnishes'. by the Lessee, provided that such removal shall be completed within a reasonable time after the termination of this lease. Lessee agrees after termination of this lease to fill all sump holes and other excavations made by it. CM 20. If royalty oil is payable in.cash,Lessee may deduct therefrom a proportionate part of the cost of treating unmer- chantable oil produced from said premises to render same merchantable. In the event such oil is not treated on%e leased + premises,Lessor's cash royalty shall also bear a corresponding proportionate part of the cost of transporting the oil to the -� } treating plant.Nothing herein contained shall be construed as obligating Lessee to treat oil produced from the herein de- O 4 scribed premises. If Lessor shall elect to receive royalty oil in kind., such royalty oil shall be of the same quality as that W removed from the leased premises for Lessee's own account,and if Lessee's own oil shall be treated before such removal. Lessor's oil will be treated therewith before delivery to Lessor and Lessor in such event will pay a proportionate part of the 07 cost of treatment. 2L Upon the violation of any of the terms or conditions of this lease by the Lessee and the failure to begin to rem- Mus Within. QA �after written motice from the Lessor so to do, then, at the option of the Lessor, this kasis al"forthwith rem and terminate,and all rights of the Lessee in and to said land be at an end, save and excepting ..:,:. lll.-.......(_]L..) acres surrounding each well producing or being drilled and in respect to which Lessee shall not be in end owing and excepting rights-of-way necessary for Lessee's operations;provided,however,that the Lessee may, 64 my time after such default,and upon payment of the earn of._�'__1__0__.t00 Dollars to the f ) Lemur as and for fixed and liquidated damages,quitclaim►to the Lessor all of the right,title and interest of Lessee in and to the leased lands in respect to which it has made default, and thereupon all rights and obligations of the parties hereto " am to the other shall thereupon cease and terminate as to the premises quitclaimed. 22. All royaltiesand rents payable In money hereunder may be paid to the Lessor by m#ilicg or delivering a check 31. Lessee hereby agree® to 2'ila with the Division of Oil and Gas of: the Slat® of California and with the City of Huntington Beffioh tho ' bonds necessary and required to- be filed for the Carrying on of operations n _.t{.N' the herein described property, either for the cleaning / or for deepening of the- present drilled well now located on the property-, the drilling of any new well on the propertye Lessee further agrees to carry on diligent operations in the cleaning out of the presently abandon- ed well on the property formerly known as the Davis Investment Company- DeLong Well' No, 1, and to place said drilled well on production. In the event' Lessee decides. to !rill a now well on the herein described property the well ' sha11 not be located 'within 150 fact of the sent boundary of the property. era s Ing eas and AIM, ess. to I s6id. •propertpp�� shrill be 'bu a road . not more Jan. ft. fn width a : close .to south boundry line as possib -Less`ee�shal � so�'s��idlpru�luatope�sa�d �,o�h�aydltyaoil � gag statements frompurchasers and gas payments are made to Lessore by Lesoee, 33. No producing well shall be' left off production by Losses for more than 30 days without remedial operations are carded on to place said � well -on production again, nor for more without deepening operationsat- rr�}.if� 'ions be suspended by Losses fo being resumed again, 34, Should a deeper oil zone be discovered below a depth of 40000 f®et, and within 330 feet of the herein described property, that produces oil erl'e in oommercial quantities, then the Lessee if he does not within 90 days thereafter from date of said discovery comnmenoe operations for deepeningl * the present well or drilling a new well to said deeper oil zone, does hereby grant permission to Lessor or his assigns to enter upon said prop- erty and drill a new well or wells to said- lower producing oil zone, without hlindranee of any kind whatsoever from Lessee or his` agents, and Lessor or his assigns may produce said well or wells from said lower oil zone or zones and install .all necessary equipment for production operat- ions on the said property. Lessor in this event agrees not to interfere F `- • -Vith-the production operations of-Lessee in-the drilling of said new well or wells and shall not produce said new well or -wells :boa the same zone sa LOSSa'a--is p.roduoing from or, the said property, I�y�,.awwaycva,„�4t:l:C.?aVi3 012IQ'tl�$'x7�'�_'wCAC �ue.�IlCFCL�--- 20. A nofj a ain the Lessor to the Lessee must be given by sending the same by registered mail addressed to the Le s's B6,ny 80 7 .�i l i C e AT entl e, i and any notice from the Lessee to the Lessor must be given by sending 1 1 756 South Bro dwa Los An$ l s 14_.Calmf. the same bireg tered mail,addressed to the Lessor at _._ _-.-. ys--—' IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly executed as of the date first hereinabove written. SO Ll✓S 148 80OX 6530 F415 hICORDING ►LQUI ST11) RY • 93 RECOR AT REQUEST CW ORANGE COUNTY TITLE COQ co IN OFFICIAL RECORDS OF "'r! ORANGE COUNTY. CAUP" B WHIN O D D MAIL � AU MAY 1 1%3 W $2.00 0 RUBY McFARLAND,Cminty Ra diia Cr LA.) vl AW "Ova MIS UM We awallf"n U" PLACE INTERNAL REVENUE STAMPS IN THIS SPACE GRANT DEED fOR A VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged, GLENN A. ROMACLY and MABEL J. ROMACLY, husband and wife as 3oint tenants , do hereby ; GRANT to I W. MEL ELLIOTT, a married man tka onlbw5p t Am ytoo $ °� gt� T�oiocxto>tcaic�x A Right of Way and Easement for Pipeline and Road Purnoses Over the l 1 real property in the City of Huntington Beach, County of Orange, State of California, described as; The Northerly 20 feet of the , 2outherly 154 feet of the Easterly 100,feet of Block 2304 of the East Side Villa Tract Ci.t of Huntington Beach as recorded in , Y � Book 4, Page 56 of Miscellaneous Maps, Records of Orange County, California. j For so long as Lessee, his heirs and assigns, retain any right in and to. any portion of said Block 2304 by virtue of that certain 01.1 and J Gas lease recorded in Book 3857, Page 14Q, Official Records of said - County. 1 Dated. April 19 t 1963 0 STATE OF CALIFORNIA COUNTY OF N 1 e of 1 A'1 R cma .y c ._ _ ORANGE . . - I or>r.APFi-I 12 1963 Otltore rn*, liar unae , ,", a roatay P'YWK b9 bno i9f 6G4 ,- 1 Lam U:u a 1'y / County and itoq, paraonally appaued Qj,,ENN ,A,?.KQ%CLY and MAB�EL J. ROMACLY ,1 '•�� s are�9 M theperaorLe whoao Game � 3 �,! eu�laul fae within In.trumatt ertd akrwwlodyod that 6 f Order No --- ax W ed the Mn►o. .r�ti,,�1' yt►Qe+ "Mrid aid aAklel I"$I Escrow or loon No I .t2.11� c.� I� l L'!N4r�al,t4llc la�tlnd iollvaid•County and erao.� toss► 1 ,�h.� L . , f f)11 . 7r' 's #6.�(22;r w.,f ,.1 ,^1.•, bral. C.4% �af ., 'My Corriotb.�ou �.,Nrd,1�,,.0o r •v .............................. 147 Boox 653n pal i 592 RECORDING REQUESTED BY 87-430361: fRECORDED AT REQUEST OF ANGE COUNTY TITLE CO. OFFICIAL RECORDS OF WHEN RECORDED-MAIL O RANGE COUNTY, CALIF. , �/l __. $2.00 9 AM MAY 1 1953 RUBY MCFARLAND,County Recorder SPACE ABOVE THIS LINE FOR ROPM01API S USE____ -4$ PLACE INTERNAL REVENUE STAMPS IN THIS SPACOAM c. ANCf_tl GRANT DEEM FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, GLENN A. ROMACLY and MABEL J. ROMACLY, husband and wife as joint tenants , , do hereby GRANT to W. MEL ELLIOTT, a, married. man, the real property in the City of Huntington Beach County of Orange State of California, described as: An undivided one-half interest in and to a.l.l crude oil, petroleum, gas , brea., asnhal.tum and all kindred substance an 1 other minerals under and. in said l-and lying below five hundred feet below the sur- face of : .Block 2304 of the East Side Villa, Tract, City of Huntington Beach. as recorded in Book 4 , Page 56 of Miscel.l.aneous Mips , Orange County, .- California. __- Excepting and reserving therefrom the Northerly 66 feet thereof. Without any right of entry in or to the surface of s a,i.d I"and. Dated:..April 19, 1963 STATE OF CALIFORNIAl "' COUNTY OF }s . Glenn A. Roma.c_.y ORANGE )))) On... April_19 F 1963 —� before me, the undersigned, a Notary Public in and for said Mabel J. mac 1 County and State, personally appeared — Glenn A. Romacly and Mabel. J. Romacl_,y known tq me to be the persons whose name S 2 d wb><cribed t4,.the within Instrument and acknowledged that �C/•� xu.f/ ,.:. Order No. they, :• executed the same. WITNESS ihend and official seal. Escrow or Loan No. (Seel)c '`'i'f r'L '✓ ct_1 ./tv�7/IL ° NotFLX ppHklllt u1 nd fer and State. GR1.!Irr$' , rt •! _..i ,. I tt�n T i' Idi�t841�Y FORM 1002-59 J c, - t ^i•gi•.ro, .,.�Ie of G'.':•, nia Uw 29, b My C+n„ ' n c.V;res hove 19A1 �� ,p,i,,t"j 9 CONFORMED COP " Not Compared with OriC;:��,=j Recording requested by and return to: HUNTINGTON BEACH CITY CLERK 'S OFFICE - ---- — 2000 Main Street Huntington Beach, CA 92648 EXEMPT This document • s solely C11 t h e O f f i C L a i b U S n e S S of l t h e -- -- -- RECORDED IN OFFICIAL RECOADS C i ty of Hunt= ngton Beach , as OF OflANGE COUNTY, CALIFORNIA contemplated under Government e 11 Code Sec . 6103 and should be 25 AM �- 4 88 recorded free of charge . 0000UWY .. Q RECORDER GRANT OF OIL AND GAS LEASE FROM ELLIOTTS TO CITY OF HUNTINGINGTON BEACH Tnis Grant of Oil and Gas Lease is entered into this day of f`� t:-�<..�_, .�� 1988 , between W,:llis Meivin Elliott and Lola Dean Ellio t, hereinafter referred to as "Grantors , " and the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "Grantee . " WHEREAS, an Oil and Gas Lease, hereinafter referred to as ''sa-Q, Leas`, " was entered into on March 21 , 1957 , recorded on April 1, 1957 , in Book 3657 , Page 149 , Official Records of Grange County, California, between H . B. DeLong and Elizabeth M. DeLong , husband and wife (owners of an undivided 1/2 interest ) and Harry H . Harpootian and Elizabeth H . Harpootian , husband and wife (owners of undivided 1/2 interest ) , as Lessors , and W. Mel Elliott, as Lessee, covering the following described land located in the County of Orange, State of California : The South 132 feet of Block 2304 and the South 132 feet of the North 198 feet of Block 2304 , of the East Side Villa Tract , City of Huntington Beach, as recorded in Book 4 , Page 65 of Miscellaneous Maps, Orange County , California, containing two (2.) acres , more or less , hereinafter referred to as "said land . " NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, Grantors hereby grant, assign, transfer and convey to Grantee all of their right, title and interest in and to said Lease covering said land, including, but not limited to, all of their right , title and interest in and to the oil and gas well located on said land and designated as "DeLong #3 , " ail surface rights or rights of entry, the well bore and the seven ( 7 ) inch casing . This document is solely for t;ne official business of the City of Huntington Beach, as contem- plated under Government Code -1- See. 6103 and should be recorde O-.n ey It Q�'1A T�n For recording purposes pursuant to Government Code § 27281 , this paragraph is to certify that the interest in real property conveyed by this agreement from Willis Melvin Elliott and Lola Dean Elliott to the City of Huntington Beach, a governmental entity, is hereby accepted by the undersigned City Clerk on behalf of the City Council of the City of Huntington Beach pursuant to the authority conferred by Resolution No . 3537 ofthe City Council of the City of Huntington Beach adopted on August 7 , 1972 and the grantee consents to recordation thereof by its duly authorized officer . GRANTORS: GRANTEE: CITY OF HUNTINGTON BEACH , a municipal corporation of �j',c the State of Ca ifornia 6dillis Melvin Elliott "7,// r '14A 4'—,D(ato Mayor CI M. WENTWORTH, CITY CLERK 4?1 a!!! Lola Dean Elliott Al. Deputy City Clerk Date APPROVED AS TO FORM <, C ty Attorney ?� STATE OF CALIFORNIA ) COUNTY OF ORANGE ss; On this a No day of�}l.a`� 19 98 , before me, Public in and for said County and State, personal) .� L p S • � Y aPPe ar ed known to me to be the Mayor and QC',-;r�;r �j o — - , known to me to be the CityClerk of the City of Huntington Beach, the municipal cor the within instrument, known to me to be the persons who n hat executed Pe s who executed the within instrument on behalf of said municipal corporation and acknowledged to me that such municipal corporation executed the same. OFFICIAL SEAL BETTE BARILLA Notary Public-California ` OPANGE COUNTY My Comm. Exp. Jan. 8, 1990 n CONFORMED CCPY I r'o No( C�� r-,- �-<j v !"r Origino! Recording requested by fctiuU�u ��j„ JGtA- AUFOR�A and return to: _ e-uz�:s�j• OF ORANCiC HUNTINGTON BEACH C17 20 PM tfiAR 1 6'88 CITY CLERK 'S OFFICE - - 2000 Main Street C "COR EP -. Huntington Beach, California 92648 This document is solely for the official business of the Tax-ixernpt-Government Agency City of Huntington Beach as City of Huriting4m Beach contemplated under Government Allele M. Wentworth Code Sec. 6103 and should be city Clerk recorded free of charge. tag - ------- -�•.._� - Deputy ity Clerk GRANT DEED FROM H. B. DeLONG TO CITY OF HUNTINGTON BEACH This Grant Deed is entered into between H . B. DeLong, �f hereinafter referred to as "Grantor" and the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "Grantee. " WHEREAS Grantor is the owner and lessor of an undivided one-half interest in the Oil and Gas Lease entered into on March 5, 1957, recorded on April 1 , 1957, on page 149 of Book 3857, in the Official Records of Orange County, covering the following .described land located in the County of Orange, State of I California: I - The South 132 feet of Block 2304 and the South 132 feet of the North 198 feet of Block 2304, of the East Side Villa Tract, City of Huntington Beach, as recorded in Book 4, Page 65 of Miscellaneous Maps, Orange County, California, containing two (2 ) acres , more or less. �. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, Grantor grants to Grantee all of his right, title and interest as owner and lessor_ of said Oil and Gas Lease. I � i This document is solely for the ! ofticial business of the City of Hmtington Beach, as contem- al.ated under Government Code j 9e0. 6103 and should be recorded f free of charge. -1- i 1 For recording purposes pursuant to Government Code S 27281 , this paragraph is to certify that the interest in real property conveyed by his agreement from H. B. DeLONG to the CITY OF HUNTINGTON BEACH, a governmental entity, is hereby accepted by the undersigned City Clerk on ;behalf of the City Council of the City of Huntington . Beach pursuant` to the authority conferred by Resolution No. 3537 of the Cty ,Council of the City of Huntington Beach adopted on:August 7, 1972 and the grantee consents to recordation thereof by its duly authorized officer. DATE- . GRANTOR: - GRANTEE: CITY OF HUNTINGTON BEACH a municipal corporation of the State of California H . B. DeLong 4/44 lzie4 Subscribed and worn to this 17f day ofo�,� eAel, 1988 , i1ayor before me, the ,undersiefned a OALI M. WENTWORTH, CITY CLERK Notary Public for. the State - of California County of Los . �. Angeles. _ r Deputy City Clerk L. Lyando APPROVED AS TO FORM: OFFICIA SEAL L LYA CO m NOTARY PUBLIC-CALIFORNIA LOS ANGELES COUNTY " MY comm. expires DEC 11, 1%9 Attorney �� TE - -2- F i For recording purposes pursuant to Government Code § 27281 , this paragraph is to certify that the interest in real property conveyed by his agreement from H . B. DeLONG to the CITY OF HUNTINGTON BEACH, a governmental entity, is hereby accepted by the undersigned City Clerk on behalf of the City Council of the City of Huntington Beach pursuant to the authority conferred by Resolution No. 3537 of the City Council of the City of Huntington Beach adopted on August 7 , 1972 and the grantee consents to recordation thereof by its duly authorized officer . DATE: GRANTOR: GRANTEE: I f February �g l3 8 ,before me, - h On this the 17 t_ day of State of California ando � �• L. LY ame ype or Pr in e Angeles Notary s personally appeared the undersigned Notary Public,p ' County of Los Ang B. De-Lon rir.. �,. p Personally known to me evidence `�M OFFICIAL S EAL subscribed to the L LYAN0 proved to me on the basis of satisfa i�ry 3o be the persons)whose names) executed it. m NOTARY PUBLIC- and se nameO thatLQS ANGELES erithin instrument, d official seal.��H,P my Cott . expires WITNESS my h nd (This .area.for official notarial mil) Notary's Signatur s-82 �v�, m __..._. Svo�r;5 _ ,c,,z-..�,iztcriley tE _.. GENERAL ACKNOWLEDGMENT FORM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: On this day of �JL, a tart' public in and for said' ' 19 before me, Gbunty and State, personally appeared •N . known -to me to. be the Mayor and c., , known to me to be the > of the City of.Huntington each, ;the munici al cor r��� th City Clerk . P poration at executed owo the within instrument, known to me to be -the within instrument on behalf of said munici al or who executed the 3 z.0� 4 P potation and acknowledged ;; M 1 'to me that .such :municipal corporation .executed the same. • OFFICIAL SEAL BETTE BARILLA Notary Public—Calitornle ORANGE COjjM A Comm.ExA.Jan,B, 199 CONFORMED y Nat Compared pith 6-1 iginai Recording requested by RECORDED IN OFFICIAL RECORDS a n d return to: OF ORANGE COUNTY, CALIFORNIA ' EXEMPT ®11 25 HUNTINGTON BEACH C11 AM SAR- 4'88 CITY CLERK ' S OFFICE � 2000 Ma i n S tree t --- ----- Q /� �4, COUNTY RECORDER. Huntington Beach, California 92648 This document is solely for Tax-Exempt-Governme,itAgent:, the official business of the City of Huntington Beach Aitciv M. City of Huntington Beach as Clete contemplated under Government �4 �J Code Sec . 6103 and should be By, recorded free of charge . Cleric Dep - City GRANT OF EASEMENT FROM ELLIOT'TS TO CITY OF HUNTINGTON BEACH This Grant of Easement is entered into on the /,`/ day cf ( - , , 1988 , from W,* ll ;s Mely-n Elliott and Lola Dean Eiiio t , here :natter referred to as "Grantors, " to the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "Grantee . " WHEREAS, by means of a Grant Deed dated April 19 , 1963 , recorded on May 1 , 1963 , on page 593 of Book 6530 , in the offic•"-al records of Orange County, California, Glenn A. Romacly ana Mabel J' . Bernal ly , 'ausband and wife, granted: to W. Mel Ell-Iott , a mart -.ed man, a Right of way and Easement for Pipeline and Road Purposes over the real property in the City of Huntington Beach, County of Orange , State of California , described as : The Northerly 20 feet of the Southerly 154 feet of the Easterly 100 feet of Block 2304 of the .East Side Villa Tract , City of Huntington Beach, as recorded in Book 4, Page 56 , of Miscellaneous Maps, Records of Orange County, California . For so long as Lessee , his heirs and assigns , retain any right in and to any portion of said Block 2304 by virtue of that certain Oil and Gas Lease recorded in Book 3857 , Page 149 , Official Records of said County . NOW, THEREFORE, for good and valuable consideration , the receipt and adequacy of which is hereby acknowledged, Grantors hereby grant , assign and transfer to Grantee all of their right , title and interest in and to said Right of Pray and Easement for Pipeline and Road Purposes, as granted to Grantors in the aforementioned Grant Deed, dated April 19 , 1963 , covering the following described land located in the City of Huntington Beach, County of Orange, State of California : This document is solely for the official business of the City of Runtincton Beach, as contem- plated under Government Code -1- 3ec. 6103 and should be recorded free of charge. The Northerly 20 feet of the Southerly 154 feet of the Easterly 100 feet of Block 2304 of the East Side Villa Tract , City of Huntington Beach, as recorded in Book 4 , Page 56 , of Miscellaneous Maps , Records of Orange County, California . For recording purposes pursuant to Government Code 5 27281 , this paragraph is to certify that the interest in real property conveyed by this agreement from 6vi11 _s Melvin Elliott and Lola Dean Elliott to the CITY OF HUNTINGTON BEACH, a governmental entity, is hereby accepted by the undersigned City Clerk on behalf of the City Council of the City of Huntington Beach pursuant to the authorlty conferred by Resolution No . 3537 of the City Council of the City of Huntington Beach adopted on August 7 , 1972 and the grantee consents to recordation thereof by its duly authorized officer . GRANTORS : GRANTEE : CITY 4OFTIN ON BEACH Willis Melvin Elliott A IA M. WENTWORTH, CITY CLERK D e gr' Deputy City Clerk "y APPROVED AS TO FORM: Lola Dean Elliott Date /- ," �'�'Clty Attorney (INDIVIDUAL) FOR NOTARY SEAL OR STAMP STATE OF CALIFORNIA a � (I SS. COUNTY OF + On ���� w� before me,the under- signed, a Notary Public in and for said County and State, personally appeared iye personally i known to me (or proved to me on the basis of satisfactory evidence) to be the person S whose name S C-r subscribed to the,�trhin instrument and acknowledged that executed the same. j WITNESS my h d/anid official seal. - ZA21 -A NP-1(Rev.4/84) Name(Typed or Printed) D COPY CQs%Pd,sC1 pith ofiigisal Recording requested by _ _. ---C and' return to: EXEMPT OFOR RECORDED GE COUNT OFFICIAL RECORDS C11 HUNTINGTON BEACH CITY CLERK ' S OFFICE �_.-- --- �11 25 AM - 4�88 2000 Main Street / Huntington Beach, California 92648 Q. mac, RE°coRDER This document is solely for Tax-Exem{rt-Govern men t Ageo-ey the official business of the City of Huntington Beach as City of Huntington Beach contemplated under .Government Alicia M. Wentworth city clerk Code Sec . 6103 and should be recorded free of charge . . D�ptlty ity Cierft GRANT DEED FROM ELLIOTTS TO CITY OF HUNTINGTON BEACH This Grant Deed is entered into between Wiilis Melvin Elliott and Lola Dean Elliott, hereinafter referred to as "Grantors" and the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "Grantee" . WHEREAS, on April 19 , 1963 , by means of a grant deed, recorded on May 1 , 1963 , on page 592 of Book 6530 , in the official records of Orange County, California, Glenn A. Romacly and Mabel J . Romacly, husband and wife , granted to W. Mel Elliott, a married man, the follow ng described real property located in the City of Huntington Beach, County of Orange, State of California : An undivided one-half interest in and to all crude oil, petroleum, gas , brea, asphaltum and all kindred substances and other minerals under and in said land lying below five hundred feet below the surface of : Block 2304 of the East Side Villa Tract, City of Huntington Beach, as recorded in Book 4 , Page 56 , of Miscellaneous Maps , ' Orange County, California. Excepting and reserving therefrom the Northerly 66 feet thereof . Without any right of entry in or to the surface of said land . NOW, THEREFORE , for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, Grantors grant to Grantee the following described real property located in the City of Huntington Beach, County of Orange, State of California:. -1- N_ t H An undivided one-half interest in and to all crude oil , petroleum, gas , Brea, asphaltum and all kindred substances and other minerals under and in said land lying below five hundred feet below the surface of: Block 2304 of the East Side Villa Tract, City of Huntington Beach, as recorded in Book 4 , Page 56 , of Miscellaneous Maps , Orange County, California . Excepting and reserving therefrom the Northerly 66 feet thereof . Without any right of entry in or to the surface. of said land . For recording purposes pursuant to Government Code 5 27281, this paragraph is to certify that the interest in real property conveyed by this agreement from Willis Melvin Elliott and Lola Dean Elliott to the City of Huntington Beach , a governmental entity, is hereby accepted by the undersigned City Clerk on behalf of the City Council of the City of Huntington Beach pursuant to the authority conferred by Resolution No . 3537 of the Ci*v Council of the City of Huntington Beach adopted on August 7 , 1972 and the grantee consents to recordation thereof by its duly authorized officer . GRANTORS : GRANTEE : CITY OF HUNTINGTON BEACH, a municip 1 corporation of the-St-at of C ifo is Willis Melvin Elliott Ma%/or ate ALI M. WENTWORTH, CITY CLERK 4jyI Deputy City Clerk Lola Dean Elliott APPROVED AS TO FORM: a �—/h 00 Date 2 tity Attorney TE 184 -2-