HomeMy WebLinkAboutUnion Oil Company of California - 1919-11-28158
A full, true and correct copy of the original recorded at request of H. G. Ames Leo 13
1919 At 2 ;din. past 10 A, 1S.
Justine Whitney County Recorder
_.:.��AI/ (.a.,..,en.,o-,-✓ Deiaxty.
i
18518.
APP283 1
Nov 2891 9
W. W. 0.
Mgr. Geological A.
Land Dept.
THIS INDENTURE OF LEASE, Made and entered into triplicate this 26th day of Nov. 1919, h9
and between E. We BROOKS, and KATE Be BROOKS, husband and wife, S. BAYLOR KEENAN, a widow,
ANNA P. BROOKS and HELEN A. BROOKS, of Los Angeles, California, parties of the first part and
Lessors, and UNION OIL COMPANY OF CALIFORNIA, a corporation organized and existing under the
laws of the State of California, and having its principal place of business at Oleum, Contra
Costa County, California, party of the second part, and Lessee.
WITNESSEfH:
That for and
in consideration of the
sum of Ten ($10.00)
Dollars, and other valuabla
coneideratione is hand paid by the Lessee to the Lessors, receipt whereof is hereby acknowledged,
and of the rents and royalties to be paid by said Lessee to said Lessors, hereinafter specified
and of the covenants, agreements and stipulations by said Lessee herein undertaken to be done
and performed, each Lessor, does hereby grant, lease, demise and let unto said Lessee, its
assigns and successors in interest, for the term and time, and for the purposes, and under and
in accordance with the stipulations, agreements and conditions hereinafter .set forth, all that
certain land situate in the Rancho La Bolea Chic&, in the County of Orange, State of California
described
as follows, to -wit:
West half (W7�) of North Weet quarter (HW�,) of South West Quarter (SW},) of North.East
Quarter (NE+) of Section 34; the East Half (E}) of North West quarter (NWT) of South West
quarter (S*) of North East quarter (NEB) of Section 34; the South Half (Sj) of South East
quarter (SEA,) of South East quarter (SELL) of North West quarter (NW'y) of Section 34; the West
half (*) of South West quarter (S*) of South West quarter (SWI,) of North East quarter (NE41)
of Section 34, the North half (NJ) of North East quarter (N*) of North East quarter (NEy) of
South West quarter (SW,1,) of Section 34; all in Township Five (5) South, range Eleven (11)
West, S. Be Be & M., containing twenty-five (25) acres, more or less.
Together with the exclusive right to explore for, mine, tunnel and drill for and operate
for and develop, collect, obtain, take and remove all and all kinds of crude petroleum oil,
asphaltum, tar, gas and any and all other hydrocarbon substances in, upon and under said land;
and also the exclusive right to take, remove, own, market and otherwise to use, enjoy and di''
pose of said petroleum oil and any and all of said other substances out of or from said land,
together with full and free rights, in person or by its officers, agents, servants and/or em'
ployees, and by and with any and all neoessary improvements and appliances whatsoever, of ino
gross to and egress from and rights of way on and over such portions of said demised premise'
as are necessary in said drilling and/or operations; together also with the right to build
erect, hold, operate, maintain and enjoy any and all necessary or convenient roods, derricka,
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rigs, bollere, houses, stables, structures, pipe lines, telephone and electric light lines, and
any and all other necessary improvements and/or structures proper or convenient for use in
connection with the development, collection, treatment, and/or transportation of petroleum oil
and/or any and all of said hydrocarbon substances which shall be produced upon the land herein
leased, together also with the right to use for fuel on said property any and all oil, gas and
other hydrocarbons ^roducts from said premises, free of cost to Lessee and which may be nec-
essary or desirable for drilling or operating said property, or for treating, collecting or
transporting said oil or other substances upon said lands; together with full right to develop
produce and use all water necessary in its said operations on said lands, unless prevented by
reservations of record which preclude development of water on said land; together with the
right to deposit any and all tailings and for oil and any other material of whatsoever nature
from all wells and/or works.
IT IS ALSO COVENANTED AND AGREED, by and between the parties hereto as follows:
First: Lessee shell, within twenty-four (24) months after the execution and delivery of
this lease, commence drilling for oil and gas upon said property, at a location to be determined
by Lessee, and shall thereafter prosecute said work of drilling diligently and in good faith
(subject to the terms hereinafter contained) until it shall have drilled one well upon said
land. After the completion of said first well, if oil be found therein in commercially paying
quantities or if Lessee shall elect to drill an additional test well,Lessee shall operate dili-
gently, with one string of tools upon said leased lands until equivalent of one well for each
eight (9) acres shall have been completed, allowing sixty days between the completion (and
thirty days for testing) of one well and the beginning of the next well.
As further consideration for this lease, Lessee shall pay to Lessors the am of Five
Dollars ($5.00_ per acre, per month, payable monthly in advance, for the full period of twenty-
four (24) months from the date hereof, unless operations for oil, as hereinbefore stated, are
started or this lease abandoned.
The Lessee shall not be limited, either in the dept;: of any well or the number of addi-
tional wells which it may drill, nor as to the number of strings of tools which it may at any
time operate on said premises.
The Lessee shall have the right to cease operations in and to abandon any well which shall
have been started on any portion of said demised premises, and shall thereafter, within sixty
days after it shall have abandoned any Such well without completing same, commence the drilling
Of another well in lieu of the well so abandoned, without impairing any of its rights hereunder
respecting such tract.
In case the said Lessee shell voluntarily and in writing duly execute and acknowledge,
at any time or times, release from the operation of this lease any portion of said lands covered
by this lease, the number of wells required to be drilled hereunder shall be reduced pro rate
upon the basis of one well for each eight acres so released.
In case at any time any well shall have been drilled and completed upon lands not cover-
e3 by this lease and within two hundred (200) feet of the property line of said lands herein
leased, and shall after having been completed for a period of thirty (30) days produce oil in
commercially paying quantities, then the Lessee shall, within sixty days thereafter commence the
drilling of an offset well upon said land (unless a well has already been drilled which is in
effect such offset well) which said offset well shall be located opposite the well on such ad-
joining property and within two hundred (200) feet of the line separating such properties. The
Lessee shall, however, have the right of locating such offset well within two hundred (200)
feet of 11 line drawn from said well on said adjoining property, at right angles to said boundary
160
line of said leased lands. Said offset wells shall Count upon the number of wells specified
to satisfy the drilling requirements under this agreement.
Second: The right of Lessee to Commence drilling any new wells shall cease and teltin,
ate in case of its failure to comply with the drilling requirements get forth In the preosil'i
subdivision First hereof, and a continuance of Such failure for the period of thirty days
after receipt by Lessee of written notice from Lessors specifying the particulars in which
Lessee shall be so in default. Forfeiture of drilling rights, as provided in this subdlvielot
shall be the exclusive remedy of Lessors as against Lessee for failure on the part of the
Lessee to comply with either of the provisions of Said Subdivision First: it being further
understood that such forfeiture of drilling rights shall in no manner affect the rights of
Lessee to wells theretofore or thereafter completed, or on which work 1s being done in good
faith at the time of ouch forfeiture.
Ia Case any part of said lands Shall be surrendered by the Leeeee, it is hereby etlpw
late3 between the Lessee and the owner thereof that the owner or owners shall not, during the
further term of this lease, drill or permit to be drilled any wells for oil or gas upon said
released portion of said lands nearer than three hundred (300) feet to any existing well or
wells of said Lessee upon said remaining parts of said leased lands.
It is understood and agreed that the Lessee shall not be bound to carry on said work of
drilling wells on Sundays or legal holidays, nor shall it be required to work at night when it
would incur risk of Injury to operatives or property by so doing, nor :hall it be required to
carry on said work of drilling when prevented by the weather, or by strikes, war, unavoidable
shortage of water, accidents, invasion, insurrection riots or other unavoidable causes; and
that failure of Lessee at any time continuously to operate one string of tools or otherwise,
shall be deemed to be excused and shall be excused, if failure be caused by reason of any of
the causes above named; and by such failure to operate due to any such oausepr causes, the
Lessee shall neither forfeit nor lose any of its rights hereunder.
After the first well drilled hereunder shall have been completed, the Lessee shall not
be required to drill or otherwise to operate upon said property, except as herein stated for
drilling offset wells, when the market price of oil of the quality produced on said premises
at the wells on said premises or in that immediate vicinity, shall be lees than sixty cents
per barrel of forty-two (42) gallons each; and the Lessee, except as herein otherwise provided
shall at no time be required to pump or otherwise to produce oil upon said leased property
when the market price of oil of the gravity produced on said premises is lees than sixty cent'
per barrel of forty-two gallons each, at the wells or 1n the immediate vicinity, and the fai'
lure of Lessee at any time to drill or to pump or otherwise to operate with reasonable dili-
gence, as herein provided, shall be deemed to be excused and shall be excused during such time
or times as the market price of such oil at the wells shall be less than the prices respeative"
ly as hereinbefore provided; provided, however, that the Lessee shall be required to pump all
wells which are offsetting wells to wells upon adjacent property, though oil is selling for
less than sixty cents per barrel as herein specified, when the wells upon such adjacent pro-
perty offsetting or opposite such wells upon said leased property shall be pumped to the end
that the production shall not be lost by the Lessors*
Third: It is understood and agreed that the right granted to drill new walla for the
development of said oil and other substances upon said property shall in any event cease and
terminate at the expiration of twenty (20) years from -and after the date of this lease, except
as
to wells.
Fourth: A 109 shall be kept of all wells bored by said Lessee, showing the strata and
161
ch raster of the ground bored or drilled through which log, or a copy thereof, shall be open
to the inspection of the Leseore, and after any well is completed one copy of the log thereof
shall be furnished to Lessors, within ten days after written request.
Fifth: A well shall be deemed completed, either,
(a) When the same shall have been drilled to a depth of three thousand feet and when
the Lessee shall have ceased to drill thereon and have abandoned the same as unsuccessful; or
(b) When igneous or metamorphic rook is encountered at lesser depth; or
(c) When oil shall have been found in sufficient quantities to pay to pump or otherwise
secure and save, and the Lessee shall have elected for the time to cease further drilling in
said well.
Sixth: A. A well producing not less than one hundred (100) barrels of oil during
twenty-four (24) hours, continuous pumping at the expiration of thirty days after the "bringing
i
_in" of the oil therein, is hereby defined to be a well producing oil in commercially paying
quantities. But Lessee shall have the right to pump any and all wells drilled on said property
regardless of the amount of the production.
Be The foregoing definition shall not apply to old wells, - as to which conditions
then existing, the cost of production and price of oil shall be considered.
Seventh: A. The Lessee shall turn over and deliver to said Lessors herein, and said
Lessors shall have, receive and accept as and for rent and royalty of said lands free of cost,
the one -sixth (1/6) part of the amount of all oil, gas or other hydrocarbons produced, secured
and saved from any and all wells, or otherwise, on said demised premises, but first deducting
from the gross production or oil and gas any part thereof used as fuel on said operations of
Lessee upon said demised lands. Deliveries of all royalty oil produced during each calendar
month shall be made by the Lessee and accepted by the Lessors not later than the twentieth day
of each month next succeeding that in which the same shall have been produced.
Be The Lessee shall provide storage facilities similar to those provided for storing
its own oil on said lands, sufficient to hold the royalty oil of Lessors for a period of not
to exceed thirty days from date of production thereof, but the Lessee shall not be required to
furnish storage beyond said date. The Lessors, however, may at their own expense store said
royalty oil upon said premises.
C. Nothing herein contained shall be construed as requiring the Lessee to guarantee its
containers or the safety of oil therein. All oil at any time produced from said demised pre-
mises and secured, impounded, and saved by the Lessee in any containers shall be subject to such
shrinkage or lose as may occur, and. all shrinkage, in or loss of oil produced from said proper-
tY, from whatever cause, shall be borne by the entire volume of oil at the time in the contain-
ers of the Lessee in proportion to the ownership thereof.
D. It is further agreed that, except as hereinafter otherwise provided, the Lessors
may, during the entire period of this lease, or from time to time, in lieu of taking their
royalty in kind, elect to sell to said Lessee and said Lessee shall purchase from Lessors all
Of the merchantable royalty oil of said Lessors produced from said lands, and shall pay for
the same at the prices fixed by the public published schedule prices offered by the Standard
011 Company of California, for oil of like gravity in the Huntington Beach Oil District, but
subject to the usual and customary deductions for temperature, water and B.S. and actual cost
case same shall squire to be treated; provided that for
of treating said royalty oil, in
first year after royalty oil becomes deliverable, Lessors shall be deemed to elect to so sell
the same, and that any election thereafter shall be made in writing within thirty days before
s Oiration of current year and shall then hold good for next calendar year, but if no such
162
tad to sell said oil as aforesaid, pay
election is made, Lessors shall be deemed to hgpe elec
twentieth of each Calendar month for all
or before the receding calendar month.
meat. shall be made by the Lessee on during the p
royalty oil or other products received by itthis lease, the general market price of oil includ,
E. In case, during the continuaneepf lands, Shall cease to be the same as
S the gravity or gravities produced upon said demised
ag g Y g Comp an9 0£ California, the price to
the published public pride sohedules of Said standard 011 recognized market price of o11 of
be paid by the Lessee shall be based upon the general and
like gravity in that locality, end, in vase there be no such recognized price, then either L.�
sore or Lessee may terminate said agreement for the purchase or sale of said oil during the
then current year, in case the parties hereto are unable to agree upon the price to be paid
by the Lessee, but no such termination shall be permitted except upon thirty days' Previous
written notice.
F. (1) In the event any gee Produced from said premises shall be sold by Lessee before
equa
Lessors take their royalty gas therefrom it will pay Lessors the agreement
oneosixth d shall
l re of
the net amount. of money received therefor, but nothing in this agreement contained shall re-
lus
fuel
quire Lessee to nave or market gas from said lands unl see there shall be reed,Phowever4ebetaeen
requirements and a market at the wells for same. It is understood and ag
the parties hereto that said Lessors may take any or all of their royalty gas to be used for
domestic Purposes, the Lessors to bear the expense of said taking from the point where the gas
is diverted from the lines of the Lessee. It being agreed that in the event that only a por-
tion of said royalty gas shall be taken, the remainder shall remain subject to the provisions
and conditions of this lease.
(2) In the event Lessee Shall produce or cause to be produced gasoline from the gee or
any part thereof produced from said premises, before Lessors take their royalty gas ther efxoa,
Lessors shall be entitled to one -sixth (1/6) of the gasoline so produced, charged however with
one -sixth of the cost and expense of producing the Same from said gas; the Lessee shall pur-
chase said royalty gasoline at the wholesale market price on said premises, and shall pay Les-
sors therefor monthly, on or before the twentieth day of each month for royalty gasoline so
eroduced during the preceding month, deducting, however, one -sixth of said cost and expense of
producing the Same.
G. It is further agreed between the Leesore herein and the parties hereto that all rents
and royalties due and payable hereunder shall be paid by said Lessee to E. W. Brooks, Agent,
1741 Kent Streat, Los Angeles, California.
Eighth: Taxes; The Lessee shall, during the term of this lease pay all taxes which mays,
be levied upon or assessed against the buildings, machinery, tools, tanks, or other personal
property or improvements, placed upon the demised lands by the Lessee, or oil or its kindred
'
products stored on said land by the Lessee, and not belonging to the Lessors; and said Lessee
shall pay five -sixth (5/6) of all taxes which may be levied or assessed upon or against the
land covered by this lease, during the term of this Indenture, in excess of the taxes levied
or assessed for the year 1919, against said land, in so fax as the said excess is caused by
the production of oil, gas or other hydrocarbon products from said land under this lease. In
determining whether such excess is due to the oil and/or gas value thereof, the assessed value
territory and of similar character (but not leased or operated for
of lands in the same general
oil or gas) shall be considered. All other taxes upon said land and all special assessments'
and all taxes upon oil or improvements or other personal property owned by the Lessors shall be
by the Lessors.
That the taxes assumed and agreed to be paid by the Lessors herein, namely, the one-aiRth
163
in tta
xation
oraher nto tho
acre discovery of oil, shall be borne by each in the same pro-
tha
portion age bears to the total acreage leased herein.
Ninth: Said Lessee agrees to use said land with a little interference with the surface
or ,ricultural and pastural rights 1. and to Said land as Is consistent with the free exercise
by Lessee of all its rights hereunder; and all pipes laid through said land by the Lessee are
to be made reasonably tikht and secure so as not to permit the escape therefrom of any eub-
stances injurious to the land or property, or to any stock that may be running thereon, and
said rIpes shall be buried in the ground a sufficient depth to permit of the use of such por-
tlons of said land for agricultural purposes or roadways when so desired by the ownere of the
surface or agricultural and paetural rights in and to said land and said Lessee agrees to hold
,aid Lessors harmless from any damages arising from the negligent operations of said Lessee
under this lease.
The Lessors reserve the right to use said premises (not required by Lessee for convenient
exercise of its rights hereunder) for pastural and agricultural purposes, and said work of
drilling and developing shall be conducted in such manner by the Lessee that the rights of the
Lessere to use said lands for pastural and agricultural purposes will not be unreasonably inter-
ferred wit''-, but shall not be held liable for damages to crops on lands comprising 300 feet
square immediately surrounding any well drilled or being drilled on Leesore' premises, except
that if the Lessee shall commence drilling any well on said premises at a time when there is
a agricultural or pastural cropgrowing on the lands within twenty (20) rods from the side of
said well, the Lessee shall pay to the Lessors the amount of any damzge that shall be done to
said growing crop by reason of said drilling operations, and will give the Lessors notice in
writing before commencing to bore a well on any portion of said land which shall cause material
injury to any such property of the Lessors. Said Lessors reserve the right to fence any por-
tion of said land, and to maintain fences thereon for stock, or other suitable purposes, pro-
vided that such right shall not interfere with the Lessee's use thereof, and such Lessee shall
maintain and keep closed all gates used by it on said land.
Tenth: Said Lessee shall keep a full and accurate account of all oil and other sub
stances produced and saved by it on and from said premises, under this agreement, which account
may, at all times during reasonable hours, be inspected by the Lessors or their agent, who
shall also have free access to said premises at all times, and the wells sunk thereon, storage
tanks etc. so long as they do not interfere with the operation of the Lessee.
Eleventh: The Lessee shall and will, with reasonable diligence (subject to the other
terms hereof), pump and otherwise operate and care for the wells and other works sunk or made
Or' said tract of land, at all times, so long as it shall remain in possession and control of
the same; it being understood that the Lessee shall not be bound to operate at nights or on
S'mdays or legal ho1�i\days, nor when prevented by the weather, strikes, unavoiable shortage of
water, accidents, war \insurrections, riots, or other unavoidable causes.
Twelfth: This lease, as to the rights to commence or drill new wells hereunder, shall
srPlre and terminate at the end of twenty (20) Years from the date hereof, (saving to Lessee
the right to complete anp well or wells then in process of drilling), and all undrilled land
shall at the date of such expiration be freed from the terms and conditions of this lease;
firovlded that Lessee shall have full right to retain clean out, deepen, repair, redrill, pump
Rork /or other works completed or in process of com-
and operate all and singular the wells and d to secure, save, remove enjoy, transport,
Pl et ion upon said lands as hereinbefore defined an
Market and dispose of all and singular the oil, gas and °ther substances taken therefrom, so
long as said wells and/or works or any thereof shall Produce oil or any of said hydrocarbon
164
to pump or otherwise secure and save, and Leese.
substances in quantities sufficient to pay
for such purposes, shell have and retain all and singular the, rights, privileges and easements
hereinbefore in this lease granted for roads, pipe lines, telephone lines and all other appll-
anees, machinery, eto. and for the development and production of water, and for all other
things of whatever nature necessary or convenient for use in connection with the pumping or
otherwise operating such works, and the development, treating, maintaining and/or marketing of
such products, and of the other operations of the Lessee hereunder, so long as said respective
wells or works or any part thereof shall produce oil or other hydrocarbon substances in quanft
tities sufficient to pay to pump or otherwise seoure and save; and in such case Lessee shall
have and retain with each such well, so long as it shall be so retained and operated, a parcel
of land three hundred and fifty (3501) feet square, upon which said well shall be located, the
i
boundaries to be defined by the Lessee. Lessee, so long as it operates in any of said wells or
works, shall yield and/or pay the rent or royalty in this lease reserved, and shall be bound by
the terms and conditions in this lease specified.
So long as either of said wells or works shall be retained or operated by Lessee, neither
Lessors nor anyone acting under their authority, nor their successors or assigns, shall or will
drill or operate any well, tunnel or excavation for obtaining and/or removing oil or other
hydrocarboh substances at any point nearer than three hundred (300') feet to any existing well
upon any land owned by said Lessors or either or any of them, and covered by this lease.
Thirteenth: The Lessee agrees that in case of abandonment of any well or uCOn the t,
: mination of this lease or surrender of any part of said leased premises, it will use all rem
sonable endeavor to shut off, from the oil-bearing rook or strata, any water that may be en.
countered in drilling, and will comply with the State law and State requirements in that re.
apect, and will clear the land of the debris from said well or wells, except as to tailings,
and restore the land as nearly as practicable to its former levels.
Fourteenth: The term of this lease shall be twenty (20) years from the date hereof,
I
and as long thereafter as oil, gas and/or other hydrocarbon substances shall be produced from
said demised lands in such quantities that Lessee shall elect to operate wells or works to
produce the same.
Fifthenth: At the termination for any reason or cause of the rights of said Lessee, as
to the whole or any part of the lands hereby leased, or on the final abandonment of said wells
or any thereof, the Lessee shall have the right to remove from that part of the leased lands
so abandoned or upon which the rights of the Lessee have terminated, except as hereinafter pro
vided, and any and all tubing, casing, pipe, rigs, derricks, pipe linee, machinery, tanks,
engines, boilers, pumps, telephone, telegraph or electric light lines, houses, structures,
buildings, tools and all other things whatsoever, whether herein specifically named or not,
owned by said Lessee or placed by it upon said Premises, and in case of the abandonment of any j
particular well the Lessee shall have the right to remove from said well
casing, pipe, rig, derrick, Pipe lines, engines, boilers, toolany and all tubing
s, machinery, tanks, 'buildings)
structures, or any other things whatsoever, owned by said Lessee or placed by it upon said
lands, at or in connection with said well, and provided the Lessee shall not remove any casing
from or any derrick over any well until thirty days have elapsed from the date of the service
of a notice upon the Lessors declaring its intention so to do. P.nd the Lessors or any one of
them, shall have the right to purchase, by serving upon the Lessee written notice of their
election so to do within such thirty days, the casing in said well, in position therein and
located upon his or their land, by paying therefor the reasonable value thereof, he though on
the surface of the ground at the well, and ae though the same had been drawn from the well+ But
165
/ each Lessor
essorocannot purchaurchase such casing without purchasing all casing which Lessee is entitled
to y such as well not interfere with removing the balance thereof.
Sixteenth: The Lessors hereby covenant and agree that they are the true and lawful
ovMers of said lands as hereinbefore set out and demised and leased herein, in fee simple,
free from all lawful claims or rights of any person or corporation whomsoever, excepting subject
to restrictions and reservations of record; and that he or she will warrant and defend the
title to the respective lands owned by him or her unto the said Lesseeas against all lawful
claims whatsoever.
i
seventeenth: The Lessee agrees:
1. That all pipe lines constructed by it hereunder through cultivated fields shall be
laid at least twelve inches under the surface of the ground.
2. That no building shall be constructed by Lessee nor shall any well be drilled within
one hundred feet of any building now belonging to Lessors or any of them on said premises,
sithout their written consent thereto.
j. That it will build fences around all sump holes made or operated by it, when request-
ed in writing by owner of such land so to do.
k. That it will pay to the owner thereof the actual damage to any and all irrigating
pipes of said Lessors upon said land, which shall be caused by its operations hereunder. If the
mount of said damage cannot be agreed upon by the parties hereto the same shall be submitted
to the absolute arbitration of three men - one to be selected by the owner, one by the Lessee,
and the two so chosen to select a third, - and their findings shall be conclusive as between all
parties hereto, and the amount so found shall be paid and accepted, in full satisfaction of
such damage, within ten days after the date of such finding.
Eighteenth: At the expiration of this lease, in whole or in part, Lessee shall quit-
claim to Lessors its tights in said lands, as to which this lease has terminated, reserving its
rights to remove its property, subject to provisions as hereinabove contained. At any time
Lessee may terminate all its obligations thereafter accruing hereunder by placing of record a
quitclaim deed duly executed releasing to the owner thereof or his assigns all interest in
Said lands except under said item Fifteenth:
Nineteenth: All provisions, covenants, agreements and stipulations herein contained, by
which either of the parties hereto is bound, shall in like manner be binding upon the respect-
ive successors and assigns, of said parties and each of them, and those which are for the bene-
fit of either of said parties shall in like manner inure to the benefit of their respective
Successors and assigns, including all existing or after -acquired title to said premises or any
Part thereof.
Twentieth: Any notice in writing delivered to either the Lessors or Lessee, in person
°r addressed fully stamped and mailed to their respective office addresses shall be deemed to
be served upon them respectively.
Twenty-first: The Lessors shall have the right through themselves and their assignees
to use the demised premises for any and all purposes other then for the production of oil and
gag thereon, provided, however, that such use shall not interfere with the privileges reasonably
exercised by the Lessee in the enjoyment of the rights in this lease granted to it; but the
tank,, boilers, and other equipment and improvements of the Lessee shall be erected and main-
tained in the general vicinity of the wells, so as not to unnecessarily encumber the non -pro-
ducing portions of the property. It is understood and agreed that the Lessee will not permit
any oil or refuse material to flow over said Premises or any adjoining properties to the detri-
detriment or injury of any crops growing
bent or injury thereof (except sumP-boles) or to the
1G6
or improvements thereon.
Twent"Seeond: And the Lessee agrees further to furnish to the Lessors a correct
statement and summary of the production of oil from said lands during the preceding calendar
month, on or before the 20th day of each and every month. And the Lessee agrees at all reason,
ablve times to furnish to the Lessors and their agents the facilities and aid required by such
persons to inspect the wells, tanks, pipe lines, and other equipment upon the premises, and also
agrees that all original accounts and records of production shall at all times during business
hours be kept open to the inspection of the Lessors and their agents at its office at Los
Angeles, California, The Lessee further agrees not to suffer or permit any mechanic's lien or
other lien of other character to accrue against or to attach to the Lessors' interest in said
premises or any part thereof.
Twenty -Third: In case Lessee shall fail for thirty (30) days after written notice by
Lessors, specifying the particulars of such default, to pay or yield royalty as aforesaid, or
to comply with the foregoing requirements as to diligently operating wells, then as to any such
well or wells, to which said default applies, this lease may be terminated at election of
Lessors
saving to Lessee its rights under Subdivision Fifteenth hereof.
Twenty -Fourth: It is further understood and agreed that notwithstanding anything herein
contained to the contrary, the conditions and covenants assumed on the part of the Lessors shall
create an obligation on the part of each of said Lessors for his or her own acts or omissions
only, and that nothing herein contained shall be deemed to create an obligation on the part of
either of the Lessors to answer for the acts, covenants, agreements or omissions of the other
Lessors herein.
� IN WITNESS WHEREOF, said Lessors have herewith subscribed their names and affixed their
seals, and said Lessee, Union Oil Company of California, by its Officers thereunto duly author-
ized, subscribed its name and affixed its corporate seal, all done the day and year first above
written.
Executed in Triplicate
((CORPORATE SEAL)) UNION OIL COMPANY OF CALIFORNIA
E. To Brooks _ By W. L. Stewart President
Rate Be Brooke _ By John MoPeak Secretary
S. Baylor Keenan
AnnaP. Brooke
Helen A. Brooke
State oP California,
se.
County of Loe Angeles, On this 26th dery 19 oY November, 1
9, before me, H. L. Foster
a Notary Public in and for said County and State, residing
therein, duly commissioned and sworn, personally appeared W. L. Stewart, known to me to be the
President, and John MCPeak, known to me to be the Secretary Of Union Oil Company of California
the corporation that executed the within Instrument, known to me to be the persons who executed
the within Instrument on behalf of the corporation therein named, and acknowledged to me that
such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my oY£Soial seal, the day
and year in this certificate first above written.
((SEAL))
A. L. Foster Notary Public
in and for said County and State.
i
My commission expires March 27, 1921. 1
167
state of California, 22(
1 es.
County of Los Angeles, ))))
On this Twenty Sixth day of Ncvember, 1919, before me,
William Be Brown, a Notary Public in and for said County
and State, residing therein, duly commissioned and sworn, personally appeared E. W. Brooke, and
gate B. Brooks, (ssband and wife), S• Baylor Keenan (widow) Anna p. Brooks, (Single) and
Helen A. Brooks, g ) personally known to me to be the persona described in, and who exe-
cuted the foregoing Indenture Of Lease, and acknowledged to me that they executed the came.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official seal at my cf-
`ice in said County and State, the day and year in this certificate first above written.
((SEAL)) William Be Brown Notary Public
in and for said County and State.
A full, true and correct Copy of the original, recorded at the request of Lessee Dec 17
1919, at 44 min past 10 A.h.
Justine Whitney County Aecorfler
r, .. . Deputy
i �`_DP,A_T?DUii OF AGP�EL�:T made this 14th say oY Augaet, 1919, between the ��DPSCB 1.__ _. —
?pqy, of Los Angeles, California, and R.. L. DRAPER, cf Smeltzer, California, as follows:
The Aldrich Land Com;,any hereby agrees to lease to R. L. Draper 57C acres, mere or less,
hex etofcre known as a portion of the Smeltzer Punch, for a period of two years, begin_ing Sov-
embex 1, 1919, and ending October 31, 1921, with the understanding that said Lxeper is to a^ee
to &Tow sugar beets exclusively for the FXaheim Sugar Company Of seid land, and that he Will de-
liver to its nearest dur^p one-third of the crop raised thereon, which is to be considered as r
tal for said land, a=_d which he is to gsrantee will amount in value to not less than J5C. -
acre of land leased, such rent Or share of crop tc be deduoted wheh such crop is delivered, =--
not later than i'.cvember 15th of each yeas.
It is also understood that the Said Aldrioh La_-d Company is
to have one-third oY the beet
tops or revenue trerefrom each year. ..1l��
beets
It is under stocd that all of the land is tObrtPlanted
herield Srperinter:"om4ofnthe sAnzheim' Sags
is given in writing by the Aldrich Land Company
Cor_pesy, permitting other crops to be Plants" give to lessee the use of all buildin s
g
It is further understood that the lessor Se to
d. ComPY et Smeltzer v:ith the exception of two buildings which are
LOW owned by the Aldrich Lan' Aldrich Land Cov:Pany; and it is understood that t e lessee is I
the Aldr-,osed!
to be moved to other land by Smeltzer in good repair for the period of the pro:
to keep the other building
s remaining at
lease, natural weer and tear exceptedo into a lease for a period of two
In Donal dweor an of the Aldrich Land Company er.texing
hereby agrees that the beets grown on his own ranch
woY a 16C
years as outlined, said R. L. Draper Lend Ceml�any, in the two Years
acres, also the 40 acres adjoining P.,chased £Tom the Aldrich
will be grown exclusively for and delivered to the fnahe
covered by the lease herein mentioned, s9ieltzer at
any
buildings at
so elects. the
�
Sugc.r Comloany, if that comp adequate in suraroe on
The Aldrich Land Comi�ar-Y 15 to
carry