HomeMy WebLinkAboutAgenda Report - February 5, 1997 (54)e
CITY OF LODI COUNCIL COMMUNICATION
AGENDA TITLE: Oil and Gas Lease for Portions of City Property at
White Slough Water Pollution Control Facility
MEETING DATE: February 5, 1997
PREPARED BY: Public Works Director
RECOMMENDED ACTION: That the City Council authorize the City Manager to execute the
attached Letter and five-year Oil and Gas Lease agreements with
Enron Oil & Gas Company, a Delaware corporation, for the purpose
of oil and gas exploration on a 527.79 -acre portion of the
White Slough Water Pollution Control Facility (Exhibit A). In consideration for the lease,
Enron Oil & Gas Company has offered $7,916.85 per year ($39,584.25 for a five-year period) plus a
one-sixth (1/6'h) royalty share.
BACKGROUND INFORMATION: When staff learned of Enron's desire to lease a portion of the
Sewer Utility- property, we contacted the State of California Oil and
Gas Division and were furnished the names of six other firms that
lease lands for oil and gas exploration. Letters were sent to those
firms requesting a response if they were interested in a lease with City of Lodi. None of the six have
indicated an interest in an exploration lease.
The City Attorney has reviewed these agreements and, with a few minor modifications which will be
incorporated, has approved both as to form.
FUNDING: Not applicable. This lease will provide the Sewer Utility reserves with an additional
$7,916.85 per year ($39,584.25 over the five-year lease period), plus royalties.
J k L. Ronsko
Pu lic Works Director
Prepared by Fran E. Forkas, Water/Wastewater Superin endent
JLR/FEF/dsgllm
Attachments
cc: City Attorney
Water/Wastewater Superintendent
Assistant Wastewater Treatment Superintendent
Finance Director
Enron Oil & Gas Company
APPROVED: -
H. Dixon Flynn - City Manager
L 00
AACCOILGAS MC 3/19/96
LETTER AGREEMENT
This letter agreement when executed by both parties
shall represent a mutual agreement between the City of Lodi,
California ("City") whose address is 221 West Pine Street,
P.O. Box 3006, Lodi, CA 95241-1910 and Enron Oil & Gas
Company, a Delaware Corporation ("Enron") whose address is
1625 Broadway, Suite 1300, Denver, CO 80202 whereby the
City, as LESSOR and Enron, as LESSEE, agree to enter into an
Oil and Gas Lease under the following terms:
Enron agrees to tender $15.00 per net mineral acre for
consideration of the first year rentals (draft enclosed) and
$15.00 per year annual rentals as provided in the attached
Oil and Gas Lease. The term of the lease shall be five (5)
years and the land owner royalty shall be 1/6th.
If these terms are acceptable indicate by executing
below.
ENRON OIL & GAS COMPANY
BY:
Acceptance:
CITY OF LODI
BY:
TITLE:
DATE:
Sue Thompson, agent
OIL AND GAS LEASE
California Standard Form (Rev. 5-95)
THIS AGREEMENT made this 21 -St day of November 1996 , between
as Lessor, and Enron Oil
8 Gas Company, a Delaware corporation, as Lessee.
WITNESSETH: That Lessor, for and in consideration of One Dollar ($1.00) paid by Lessee to Lessor, the receipt of which is acknowledged, and
of the covenants and agreements hereinafter contained on the part of Lessee to be kept and performed, does hereby lease, let and demise unto Lessee the
lands hereinafter described (herein sometimes called the "leased land" or "said land(s)") for the purposes and with the exclusive fight of prospecting,
exploring (by geophysical andlor any other means), mining, drilling and operating for oil and all gas of whatsoever nature or kind, including all liquid or
gaseous hydrocarbons, as well as all other commercially valuable substances or minerals associated or produced therewith by means of wells utilizing
whatever method or means, whether or not similar in composition to the specifically above mentioned substances (hereinafter sometimes referred to as "oil
and gas" or "leased substances'), and to produce, extract, take care of, treat. store, process. remove. transport and dispose of said leased substances and
other products manufactured therefrom, together with the right to construct. erect, maintain, operate, use, repair, and replace thereon, and during or after the
term hereof to remove therefrom, pipelines, telephone, telegraph and power lines, tanks. boilers, machinery, appliances, roads, buildings and other
structures, facilities and equipments as may be useful, necessary or convenient in conducting Lessee's operations on said lands and to inject gas, water,
steam, or other substances into subsurface strata and/or to use thermal or other processes for the purpose of secondary recovery, pressure maintenance, or
otherwise to facilitate Lessee's operations hereunder, to drill or use existing abandoned wells on said land for disposal of water or other waste materials
produced from said land or other land with which said land is pooled or combined. together with nghts-of-way for passage over, upon and across, and
ingress and egress to and from, the leased land, or neighboring lands, for any or all of the above mentioned purposes. Any pipelines, pole lines, or roads so
constructed by Lessee may also be used by it in connection with operations on lands in the vicinity of the leased land. The land hereby leased is situated
in the County of San JOaVin . State of Caldomia, and is described as follows.
See Exhbit "A" attached hereto and made a part of
together with such rights as Lessor may have in any roads. alleys, waterways, canals, sloughs, levees, ditches, easements and rights-of-way upon, wiNin or
adjoining the above described property, in all containing 52 ! .79 acres, more or less.
TO HAVE AND TO HOLD the same for a term of FiVe (5) years from and after the date hereof (hereinafter referred to as the'pdmary
term"), and so long thereafter as oil and gas, leased substances, or any of them are produced from the leased land, or lands with which the leased land has
been pooled or combined, in quarittties deemed paying by Lessee; or so long ;hereafter as Lessee shall, in good faih and with the degree of diligence
hereinafter specified, conduct drilling operations (as defined hereinafter in Paragraph 12) on the leased land, or lands pooled or combined therewith, or be
excused therefrom as may be provided elsewhere in this lease, and should production result from such operations, this lease shall remain in full force and
effect so long as oil and/or gas, leased substances, or any of them shall be produced therefrom.
IN CONSIDERATION OF THE PREMISES, the parties hereby mutually agree as follows
1) The expression "royalty share" when used herein shall mean the fraction rnp Sixth (1/6th)
2) Lessee shall pay Lessor as royalty on oil (including other liquid hydrocarbons) the value of the royalty share of all oil produced and sold or
removed from the leased land (after making the customary adjustments for temperature, water, bottom sediment, and the actual cost of treating said royally
oil for pipeline or market acceptance), at the available lawful posted market price at the well for oil of like grade, gravity, and quality prevailing for the field
nearest where such oil is produced on the date the oil is so removed or solei. Lessee may deduct from the royalty share a reasonable charge for
dehydration, cleaning and treating such oil and a reasonable charge for transportation to the treating plant and/or purchaser. Nothing herein contained shall
be construed as obligating Lessee to treat oil. No royalty shall be due Lessor for or on account of oil used by Lessee in operations on the leased land or lost
through evaporation, leakage, fire or other casualty prior to the removal of the same or prior to delivery to Lessor if royalty shall be delivered in kind.
3) Lessee shall pay Lessor as royalty on natural gas the royalty share of a value which shall be the sum of the following:
a) The net proceeds received by Lessee from the sale of gas produced from wells on the leased land (whether such gas be sold by Lessee in its
natural state or as residual dry gas after extracting gasoline and other content therefrom). Gas treated at a gasoline extraction plant not owned or operated
by Lessee and for which Lessee receives a royalty from the operator of such plant shall be deemed sold in its natural state for an amount equal to the market
value of the royalty received by Lessee. Except as otherwise provided herein, gas used or consumed by Lessee in operations other than on this lease shall
be deemed sold for the market value thereof. The value of gas and products extracted therefrom, used or consumed in the operation of a gasoline extraction
plant (to the extent that it is so used for processing gas from the leased land), or in operations on the leased land, or in repressuring any oil bearing formation
fr.—.. ;h;cf: a we!! cr we!!s cr: the !eased land is producing, or lost through shrinkage, leakage, fire, or otherwise, shall not be included. The cost of
processing, treating, compressing, handling and transporting gas in connection with the sale thereof shall be deducted in determining net proceeds of sale.
b) The market value at the extraction plant of all gasoline and other liquid hydrocarbons extracted and saved from natural gas from the leased
land as a result of processing such gas at a plant owned or operated by Lessee, less the cost of such processing, which cost for the purposes hereof will be
deemet7 to be sixty percent (60%) of said last mentioned market value.
c) The market value at the plant where extracted, of all gasoline and other liquid hydrocarbons received by Lessee as a result of the processing of
natural gas from the leased land at a plant not owned or operated by Lessee (if such processing is not on a royally basis) less the cost to Lessee of such
processing.
Nothing herein contained shall obligate Lessee to treat or process natural gas nor shall Lessee be obligated to save, sell or otherwise dispose of
natural gas or residual dry gas, as the case may be, unless there shall be a surplus above lease fuel requirements and a market therefore at the well or
processing plant at a price and under conditions acceptable to Lessee. or to pay royalty on any gas which is neither sold or used. It is understood that there
may be commingled with any gas so processed. gas produced from other properties. in which event royalty on gasoline, liquid hydrocarbon products and
residual dry gas payable hereuntler shall be computed upon an appropriate fraction of the commingled gas.
4) Lessee shall pay to Lessor as royalty for any substances covered by this Lease, other than oil and gas and the products thereof, which Lessee
may elect to produce, save and market from the [eased land. the royalty share of the market value thereof, after deducting any processing or treating costs
incident to placing such substance in a marketable condition, and any transportation or other costs incurred in marketing same.
5) The term "market value" as used in this tease shall be applied to the particular leased substance or product at its point of production and shall
be deemed to be the actual sales price when sold to third parties or the reasonable lawful value of such substance or product when purchased or retained by
Lessee.
6) Lessee shall account for and pay to Lessor on or before the last day of each calendar month for all royalties which accrued and/or for which
Lessee received the proceeds from the sale thereof during the preceding calendar month, and Lessee shall furnish Lessor monthly statements showing the
computation of royalties. Lessor agrees to examine promptly each and all statements and remittances forwarded by Lessee hereunder and to promptly
advise Lessee of any objection thereto. Lessee shall not be required to account to Lessor for or pay rent or royalty on oil and gas, leased substances, and/or
water produced by Lessee from said land and used by Lessee in its operations hereunder, but Lessee may so use same free of charge. Lessee shall not be
required to pay royalty for or on account of any substance produced from said land and used for repressuring or as a secondary recovery method in any
formation underlying said land: and if any substances are used by Lessee for such purposes which have not been produced from said land, such substances
when produced from said land shall be royalty free and computed on a "last -in, first -our basis. To facilitate proper payment hereunder, Lessor agrees to
execute and return a division order as a condition precedent to Lessee's payment of royalties from production under the lease. In the event that the amount
of any royalty (including advance annual royalty) payable under this lease shall ever result in an individual payment of less than Thirty Dollars (530.00)
becoming due the recipient thereof, then in such event Lessee may, at its option, withhold and accrue sufficient periodic payments until the total due such
recipient exceeds Thiry Dollars ($30.0.
7) Lessee has paid to Lessor rental in full hereunder for the first Tkixl- B (12) months of the term hereof If Lessee has not commenced drilling
operations on the leased land or terminated this lease within that time. Lessee commencing with the expiration thereof, shah pay or tender to Lessors
annually in advance, as rental the sum of $15.00(E9itl t) per acre for so much of the said land as may then still be held under this lease at the time of
payment and shall continue such payments until drilling operations are commenced or this lease is terminated.
6) Subject to Lessee's light to defer drilling or mining operations during the primary term hereof by the payment of advance annual rental as
provided hereinabove. Lessee agrees to commence drilling or mining operations on said land on or before the expiration of the primary term heted arta
thereafter to prosecute the drilling of a well or wells with reasonable diligence until oil or gas, or any leased substance. is found in quantities deemed paying
by Lessee, or to a depth to which further drilling operations would in the judgment of Lessee be unprofitable or impracticable, or Lessee may at any time
without commencing or continuing any drilling or mining operations quitclaim the leased land to Lessor as hereinafter provided and thereby terminate this
lease.
9) If, prior to discovery of oil, gas or other leased substances on said land or on land pooled or combined therewith, Lessee should drill and
abandon a dry hole or holes thereon, or, if after discovery of oil, gas, or other leased substances, the production thereof should cease from any cause, this
lease shall not terminale if Lessee shall commence additional drilling operations (as hereinabove defined) or reworking operations (i) within the primary term
and within six (6) months of the date of abandonment of the last preceding well or of the cessation of production after discovery, or (ii) beyond the primary
term and within ninety (90) days of the dale of abandonment of the last preceding well or of the cessation of production after discovery, whichever is later;
PROVIDED, however, that during the primary term of this lease, Lessee may defer additional drilling for any period for which rental has been paid, pursuant
to paragraph 7 hereof, and for additional rental periods provided hereunder by resuming on or before (i) six (6) months from the date of the abandonment of
the last preceding well or of cessation of production, or (ii) the expiration of any period for which rental has been paid, whichever is later, the payment of
rental at the rate specified in paragraph 7 hereof, prorated on a monthly basis, for earn month or major fraction thereof then remaining before the next rental
payment date under this lease.
If, at the expiration of the primary term or within ninety (90) days prior thereof, oil, gas or other leased >;:bstances are not being produced on said
land, or land pooled or combined therewith, but Lessee is then or within said period has been engaged in operations for drilling, mining or reworking of any
well or mine thereon, this lease shall remain in force so long as sucn operations or additional operations are commenced and prosecuted (whether on the
same or successive wells) with no cessation of more than ninety (90) consecutive days. and. 0 any such operations result in production. so long thereafter as
oil, gas or other leased substances are produced from said land. or land pooled or combined therewith, in quantities deemed paying by Lessee.
After the discovery of oil, gas or any other leased substances in paying quantities as deemed by Lessee upon the leased land. or lands pooled or
combined therewith. Lessee shall reasonably develop the acreage retained hereunder, but in discharging this obligation Lessee shall in no event be recuired
to drill more than one well per forty (40) acres of the area retained hereunder and capable of producing oil in paying quantities and one well per slat hundred
forty (640) acres of the area retained hereunder and capable of producing gas in paying quantities. Further, in fulfilling said development obligation I i -
shall prosecute drilling or mining operations with due diligence and in good faith to completion, but in no event shall Lessee be required to proceed at a more
rapid pace than the commencement of drilling operations on the next succeeding well within ser (6) months from the date of completion or abandonment at
the last preceding well drilled hereunder, PROVIDED, however, that during the primary term of this lease. Lessee may defer such additional drilling obligation
for any period for which rental has been paid, pursuant to paragraph 7 hereof, and for additional rental periods provided hereunder by resuming on or before
(i) six (6) months from the date of completion of the last preceding well, or (ii) the expiration of any period for which rental has been paid, whichever is later,
the payment of rental at the rate specified in paragraph 7 hereof, prorated on a monthly basis for each month or traction thereof then remaining before the
next rental payment date under this lease, for so much of said land as may then soil be held under this lease at the lime of payment less forty (40) acres for
each well capable of producing oil in paying quantities and six hundred forty (640) acres for each well capable of producing gas in paying quantities.
10) If at any time while there is a gas well or welts on the leased land (for the purposes hereof the term "gas well" shah include wells capable of
producing natural gas, condensate, distillate or any gaseous substance and wells classified as gas wells by any governmental authority) and such well or
wells are shut-in, such that the production of gas from or attributable to this lease is suspended, unless royalties attributable to oil or other leased substances
produced hereunder continue to be payable, Lessee shall pay to Lessor or the party or parties otherwise entitled thereto, each year as hereinafter provided,
for each such gas well an advance annual royalty equal to the rate of annual rentals provided elsewhere in this lease for each sic hundred forty (640) acres
or portion thereof attributable to each such gas well, such payments to continue until royalties are payable hereunder to Lessor for oil, gas or other leased
substances sold from or attributabie to said land; provided that any and all sums so paid by Lessee to Lessor shall be considered as advance royalties to be
repaid to Lessee from any and all royalties on leased substances which shall thereafter become payable under this lease, and Lessee is authorized to
deduct same from any such royalties thereafter payable. Advance annual royalties as herein provided shall become payable only h such shut-in situation as
above described continues through the latest of the following dates: (1) ninety (90) days after the date such well at wells are shut-in; (2) ninety (90) days
after the effective date for the inclusion of said land or a portion thereof within a unit on which is located a shut-in gas well; or (3) the date through which the
commencement of drilling operations hereunder may have been deferred by the payment of advance annual rental as provided hereinabove, and in tike
manner annually thereafter until the production of oil, gas or other leased substances commences under this lease or until the lease is terminated by Lessee.
So long as advance annual royalties are paid or tendered as provided herein it shall be deemed for the purpose of this lease that gas is being produced from
said land in paying quantities.
t) In the eyant a enc. - c pra.uciry o.. C., yas m, p,yiay q snt;',icz should be b. ought in on adjacent land not owned or =trolled by Lessdt
and within 330 feel of the boundary of said land in the case of an oil well, or 1.320 feet of the boundary of said land in the case of a gas well, draining said
land, and Lessee has a reasonable expectation that such an offset could be drilled and produced at a profit. Lessee shall commence drilling such offset well
or wells on said land as would a reasonably prudent operator under the same or similar circumstances but in no event shall Lessee be required to exceed
the total well requirements or development schedule specified elsewhere in this lease, or to drill more than one well on said land at any given time, or to
commence drilling any such offset well on said land until ninety (90) days after the marketing of oil or gas has commenced from any said adjacent and
draining well. Any well drilled pursuant to the provisions of this paragraph shall be considered the equivalent in all respects of any other well required to be
drilled under the provisions of this lease and no offset well shall be required hereunder if at the time of the completion of a well on adjacent property as
aforesaid, a well has been drilled or is then being drilled on said lands which offsets or when completed will offset such competing adjacent well. The
judgment of Lessee, when not fraudulently exercised, in carrying out the purposes hereof shall be conclusive.
12) The term "drilling operations" as used herein shall be held to mean any work or actual operations undertaken or commenced in good faith for
the purpose of carrying out any of the rights, privileges or duties of the Lessee under this lease, followed diligently and in due course by the installation of
necessary equipment for the drilling of a well, and by actual operation or drilling in the ground, and shall likewise include, but not necessarily be limited to
operations in connection with drilling, redrilling, deepening, repairing, and reworking, and also re-entry of an abandoned well.
13) Payment or tender by Lessee to Lessor of annual rentals, advance annual royalties, royalties and any other payments required nerevnaer
may be made by mailing or delivering a check or draft therefore to Lessor at the address indicated hereinafter.
All persons entitled to participate or share in such payments shall, at the request of Lessee, unite in a written designation of one person, bank or
corporation as Lessors agent to receive such paynxnts, to the end that Lessee shall not be required to make any payment otherwise than by one check,
which check shall be payable to but one payee, such payee to assume the burden and responsibility of making a proper distribution without expense to
Lessee among the persons entitled Ihereto. When such designation is made, said Payments may be made by mailing such check to the payee at the
address designated.
A waiver by Lessee of the provisions of this paragraph in the making of any payment shall not be deemed a waiver thereof with respect to
subsequent payments. If at any time there be no one person, bank or corporation authorized to receive payments hereunder. the time for making such
payment shall be extended until Lessee has been notified of such designation.
la) The rights of either party hereunder may be assigned in whole or in part and the provisions hereof shall exteno to their respective heirs
executors, administrators, successors and assigns. but no change in ownership of the land, rentals or royalties. nowever accomplished. shall operate to
enlarge the obligations or diminish the rights of Lessee. No such change or division in the ownership of the land, rentals or royalties shall be binding upon
Lessee for any purpose until such person acquiring any interest has fumished Lessee with the instrument or instruments. or certified copies thereof.
constituting his chain of title from the original Lessor. In the event of an assignment of this lease as to a segregated portion of said land, the rentals payable
hereunder shall be apportioned as between the several leasehold owners reliable according to the surface area of each. An assignment of this ease. in
whole or In part, shall, to the extent of such assignment, relieve and discharge Lessee of any obligations hereunder, and. if Lessee or assignee of part or
Parts hereof shall fait or make default in the payment of the proportionate part of the rentals due from such Lessee or assignee or fail 10 comply with any
other provision or obligation of the lease, such default shall not aged this lease insofar as R covers a part of said lands upon which Lessee or any assignee
thereof shall make payment of said rentals or otherwise remain in compliance with the provisions and obligations of this Lease The commencement of
drilling operations on said land and the prosecution thereof either by Lessee or any assignee hereunder shall inure to the Denefa of all leasenokd owners anc
shall protect and maintain the lease as a whole. Should more than six parties become entitled to rentals or royalties hereunder. Lessee may require the
appointment of a single agent to receive payment for all and may withhold payment until such appointment has been made
15) Lessor hereby warrants and agrees to defend the title to said land, and agrees that Lessee, at its option, may discharge any tax, mortgage or
other lien upon said land. and in the event Lessee does so, it shall be subrogated to such lien and shall have the right to enforce same and appy rentals ana
royalties accruing hereunder toward satisfying same. If Lessor owns a less interest in the leased premises than the entire lee simple estate or the entire
interest in the leased substances under the leased land (whether Lessor's interest is herein specified or not), then the rentals and royalties accruing
hereunder shall be paid to Lessor in the proportion which his interest bears to the entire fee simple estate or to the entire estate In said leased premises
Lessor hereby leases and lets unto the Lessee the entire interest and estate which Lessor now has or may hereafter acquire in the leased premises and all
parts thereof inducing canals. roads and alleys thereupon or adjoining Should Lessor hereafter acquire a further or additional interest in the leaser.
premises or in the leased substances produced therefrom, then the rentals and royalties accruing hereunder by reason of such increase in interest shag
become effective and payable to Lessor as of the next succeeding rental or royalty payment date after Lessee has been advised of such after acti tite
If any Claim is asserted or any action or proceeding instituted by Lessor, or by any third party claiming title to the leased land or any part thereof or any
interest therein or in any production therefrom adverse to Lessor or in hostility to rights claimed in good faith by Lessee under this lease, then during the
pendency of such controversy and until 90 days aster final determination thereof, Lessee may defer or discontinue all operations on the leased land and/or
Lessee may withhold all rentals, royalties and other payments accruing hereunder with respect to the contested interest without liability for interest on such
funds, pending the final determination of such controversy. All the rights and obligations of the parties hereto are expressly set Put or referenced herein ar.o
no implied covenants shall be read into or otherwise imputed IONS lease
16) Lessee shall pay all taxes levied upon or assessed against its improvements, fixtures and personal property on the leased tand. incuucing
Lessee's oil stored thereon Lessor agrees to pay all taxes and assessments levied against Lessors interest in sa:d land and against Lessors Improvements
thereon, except the Lessee shall pay the increase of taxes on petroleum mineral rights in said land, less the royalty share, when such increase is caused by
the discovery of oil or gas thereon, and Lessor agrees to pay the royalty share of such increased assessment. In the event the United States. the state
county, municipality or other govemmental authority or agency levies a license, severance, production or other tax on the oil or gas produced hereunder. or
on Lessee's nght to operate on said land, then and in that event Lessor agrees to pay the royalty share of said tax and Lessee agre--_s to pay the balance of
said tax Lessee shall not be liable for any special assessment for local improvements of benefits. Provided, however Lessee shalt not be liable for
payment of any taxes on Lessors petroleum mineral rights In said land pnor to discovery of oil. gas or leased substances on said land or on land pooled
therewith
17) Lessee shall have the right to drill on the leased land for water or Otherwise to use water obtained from the leased land (but not water from
Lessors wells Or resen+olrs). as well as Oil Or gas produced from Or attributable t0 the leased land, for all operations hereunder, including but not horned to
repressunng. pressure maintenance. cycling, and secondary recovery, and no rent. royalty, fee or other payment shall be required of Lessee therefor
16) Lessee shall Conduct its dnlling and producing activities on said land in accordance with good oil and gas field pfaclice, and shall carry on all
operations hereunder in a careful and workmanlike manner All labor to be performed and material to be furnished in the operations hereunder shall be at
the cost arc expense of Lessee, and Lessor shall not be chargeable with, nor liable for, any part thereof. During the life of this lease Lessee shall keep said
land duly and fully protected against liability for judgments based upon liens for tabor or materials arising from, or connected with, its operations Lessee will
at all times hold Lessor harmless from any damage of liability to any third person or persons by reason of the operations Conducted by Lessee on said land
Where the conduct of an operation is subject td statutory or regulatory control. Lessee's compliance with such requirements shall create a presumption that
its operation was Conducted without negligence.
19) Lessor shall have the right to occupy and use the leased land in any manner and to any extent not inconsistent with Lessee's hgnt or In
Interference with Lessee's operations hereunder. Lessee shall occupy or otherwise utilize only so much of the surface of the leased land as is reasona Dle
necessary or convenient in order to conduct operations hereunder or otherwise exercise the rights herein conferred upon Lessee. Lessee agrees that no
well shalt be drilled within two hundred (200) feet of any dwelling house now on the leased premises, without the wnden consent of Lessor Lessee shallpay
the surface owner or surface tenant for all damages to livestock, growing Drops and trees, and existing fences, pipe lines, canals, buildings and other
Improvements directly caused by its operations under this lease When required by Lessor in writing. Lessee shall fence sump hates or other openings tc
safeguard livestock on the leased premises and shall lay all pipe lines which 0 Constructs through cultivated fields below the depth to which sad heids are
Dii plowed or cultivated at the time of such construction.
20) The performance of any of the obligations of Lessee hereunder shall, notwithstanding anything contained in this lease to the contrary be
suspended while and so long as Lessee is prevented from complying with such obligations In part or in whole, by strikes. lockouts, acts of Goa. action of the
elements. accidents, laws. rules and regulations if any federal, state, county, municipal. or other governmental agency, zoning or land use ordinances of any
governmental agency acts or requests of any governmental officer or agent purporting to act under authority, delays In transporat.on, Inability to obtain
necessary Materials In the open market. Inadequate facilities for the transportation of materials or for the disposition of production. or other matters beyana
the reasonable control of the Lessee whether similar to the matters herein speclfirally enumerated'or not, or while legal action eontesang Lessors title to sa.z
rano or Lessee's right in said land by virtue hereof Shall be pending final adjudication in a court assuming jurisdiction thereof. or when there is no available
market for orf or gas produced hereunder at the well. All covenants of this lease shall be subject to all Federal. State and local laws, executive orders, rules
or regulations and this lease shall not Pe terminated, in whole or in part, nor Lessee held liable in damages for failure to comply therewith if compliance is
prevented by, or it such failure is the result of, any such law, order, rule or regulation. If from any of the above causes Lessee is prevented from conducting
drilling of reworking operations on, or producing ail or gas from, the leased land or land pooled therewith, the time while Lessee is so prevented shall not be
counted against Lessee. and this lease shall be extended for a period of time equal to that during which Lessee is so prevented from conducting drilling or
reworking operations on, or producing oil or gas from, such leased land or land pooled therewith, notwithstanding any other provision hereof Time
consumed In cleaning, repairing, deepening or improving any producing well or its necessary appurtenances shall not be deemed or constroed as an
Interruption or discontinuance of Lessee's operations under this lease. Lessee need not perform any requirement hereunder, the performance of with
would violate any reasonable conservation and/or curtailment program or plan of orderly development to which Lessee may voluntarily or by order or anv
governmental agency subscribe at observe.
21; Lessor, at all reasonable times and a! Lessors sole risk, may inspect the leased land and the work done and in progress thereon. ono the
production therefrom Lessor may also examine the books and records kept by Lessee In relation to the amount and character of the production from the
leased land and the disposition ;hereof
22) Lessee shall have the right at any time to remove from the leased land any machinery, rigs, piping, casing and other property and
improvements belonging to or furnished by Lessee, including that installed in wells or otherwise affixed to the land; provided that, in the evert of the
tenn,nation of this lease in its entirety, such removal shall be completed within four (4) months thereafter and. in the event of the termination of this lease as
to a portion of the leased land. all such property not needed by Lessee for its operations on land retained under this lease shalt be removed from the land as
to which this lease Is terminated within four (4) months after such partial termination and the remainder shall be removed within four (4) months after the
temiinanon of Ine lease In its entirety. Lessee. after termination of this ease, shall fill as sump holes and other excavations made by if on the eased land
and In other respects restore the leased land as nearly to as original condition as is reasonably practical, or at Lessee's option t.. may pay Lessor or the
appropriate owner the market value of that portion of the land. if any, which may be damaged and not restored. 1n no event snap Lessee be obliged to
restore anything for which it may theretofore have made payment by way of damages.
23) Lessee, at its option, may at any time quitclaim and surrender all of the eased land, in which event this lease shall be at an end and Lessee
snail be relieved of all obligations thereunder save and except the obligation to pay rents and royalties theretofore accrued and any obligation hereby
imposed for removal of equipment and restoration of the premises. Lessee, at its option, may at any time, or from time to time, quitclaim and surrender any
part of the leased land not desired by A. and in such event the amount of any rental at advance royalty provided for in this ease shall thereafter accrue only
on the oasis of the land not so quaclaimed. Land so quitclaimed shall remain subject to the easements and rights of way herein provided for so ding as
operations are being carried on by Lessee on the retained part of the eased land. A quitclaim deed shall be effective when mailed or delivered to Lessor or
when filen for record oy either parry with the County Recorder. Upon the expiration of this ease or its sooner termination. In whole or in pan. Lessee will
surrender possession of the teased land as to which this lease may be terminated and will deliver to Lessor or file for record a good and sufficient quhciaim
deep :o such premises. Lessor shall have no right to locate, drill or bottom any well for oil or gas upon or under surrendered or forfeited land nereunder
within 330 feet of any well retained by Lessee or being drilled by Lessee.
24) Should there be a diversified ownership in the leased land, all of the leased land shall be developed and operated as one ease in which event
the several parties herein termed "Lessor" do hereby pool their interests in this ease and agree that during the continuance of this ease each owner of lana
subject hereto shall share in all benefits accruing hereunder to all owners in the ratio which the acreage owned by each owner bears to the entire acreage
hereby ieasea Upon surrender by Lessee of less than all of the land described herein the owner or owners of surrendered land shall cease to participate In
rentals and royalties payable hereunder and attributable to such surrendered land. Upon the total surrender of the leased premises, the land of each owner
shalt be free from the effect of this ease.
25) Lessee is hereby given the power and right, as to all or any part of land described herein and as to any one or more of the formations
tnereunder and the minerals therein or produced therefrom, at its option and without Lessors joinder or further consent, at any time, and from time to time,
either before or after production, to pool and unitize the leasehold estate and the Lessors royalty estate created by this ease with the rights of third parties, if
any, in all or any part of the land described herein and with any other land, lands. leases, mineral and royalty rights, or any of them adjacent. adjoining, of
located within the immediate vicinity of this lease. whether owned by Lessee or some other person, firm or corporation, so as to Create by such pooling and
uncization one or more drilling or production units, when to do so would, in the sole judgment of Lessee, promote the conservation, of oil, gas or other leased
s.iostances Each such drilling or production unit, when limited to any one or more formations and to any one or more of the minerals therein or produced
therefrom may from time to time be enlarged and extended by Lessee to include additionally any other formation or formations and any other mineral or
minerals inereln or produced therefrom. Also, any such unit may be altered or enlarged by Lessee at any time so long as the total acreage therein does not
exceea the maximum hereinafter specified. Each such drilling or production unit shall not exceed 40 acres. plus an acreage tolerance not to exceed ten
Deicer; (10%) or 40 acres. when created for the purpose of drilling for or producing oil therefrom and 640 acres. plus an acreage tolerance not to exceed ten
percent (10`k) of 640 acres, when created for the purpose of dolling for or producing gas, condensate or any combination of such minerals therefrom.
Drov,dec. however, If the maximum drilling or production unit fixed or allowed by the regulatory authority , Federal or State, having jurisdiction in the
premises as a basis for the development and operation of or the production from the held in which the above described land is located. be more or less than
sato ma:,mum. then. in either such event, each such unit created hereunder shall not exceed the maximum so prescribed or perm -ed and in fora in the
reit at me time such unit Is created. As to each such unit so orated by Lessee, there shall be allocated to the acreage covered by this lease, and included
in the pooled unit. such portion of the production from said unit as the number of acres out of this lease placed In any sure unit, as such unit from time to
time rr,ay oe constituted, bears to the total number of acres included in such unit, and Lessor agrees to accept and shall receive the royalties (shut-in or other
,me, a;sewhere specified in this lease, based upon the production so allocated to this lease or the proceeds therefrom. The commencement, dating,
completion of, reworking of or production from a well on any portion of the unit created hereunder shall have the same effect upon the terns of this lease as
if a well were commenced, drilled. completed, reworked or producing on the land embraced by this lease. Lessee may place and use on each unit created
nereunder common measuring and reworking tanks for production from such unit. It Lessee does create any such unit or units under the rights herein
gran:ec. then Lessee shall execute in writing and record in the county or counties in which each such unit or units created hereuncer may pe located an
nstr.,ment ident:fymg and describing each such unit or units so created. The development of and production from each such unit shall be in accordance with
,-e vaap erc=_rs rules and regulations of the lawful authority, either Federal or Slate, having jurisdiction in the premises. Any such urrt -created by Lessee_ in
aczzf—,arCe w::r :he terns hereof may be released and dissolved by Lessee by a release filed for record in the county or counties In which such ur.:t is
=ca:ec at any time after the completion of a dry hole or the cessation of production on such unit. Upon the dissolution of any such unit created hereunder,
wre:cer or not this lease or any cther lease involved therein remains in effect. all rights of Lessor hereunder to royalty on pooled substances produced from
.he lags which were so pooled (other than the leased land) shall cease and terminate; but such dissolution shall not otherwise affect or impair any of
Lessee's lights or obligations under this lease, including its right to create a new unit or units out of lands previously pooled pursuant to this paragraph, or
constitute a scrrencier of any part of or any interest in the leasehold estate created hereby. The provisions of this paragraph shall be construed as a
covehant running with the land and shall inure to the benefit of and be binding upon the parties hereto, their heirs, legal representatives, successors and
assigns. In lieu of the taxes provided to be paid by Lessor under the paragraph 16 hereof, Lessor shall bear and pay the royalty share of the prepor„en of
s_c^ :axes on any such Pooled Area and the production therefrom equal to the proportion of the production allocated to Lessors land A grant. assignment.
,.an+eyance or other document evidencing the transfer of the Lessors interest in lands included in any such Pooled Area or in the mineral, oil or gas nghts In
such lams shall, unless therein otherwise expressly provided, Pe deemed to include Lessors rights hereunder to share in the production allocated from such
Footed Area to the interest so conveyed or transferred.
26) Drilling operations under this lease may be conducted by means of a well or welts, the surface locations of which are on other land antl can cr,
are drilled into and bottomed in the leased land (any such well being deemed to be drilled on the leased land) or by means of a well or wells the surface
coca:io,ns of wh:ch are on the leased land and which are bottomed in the leased land, or by a combination of such wells. Drilling operations under lands
pooled or unitized in accordance with paragraphs 25 or 28 may also be conducted by means of well or wells, the surface locations of which are on other
lands and which are drilled into and bottomed in the pooled lands (any such well being deemed to be drilled on the pooled lands), or by means of a well or
wens :he surface locations of which are on the pooled lands and which are bottomed in the pooled lands, or by a combination of such welts.
271 Lessor hereby grants to Lessee or to Lessee's nominee, for Lessee's benefit, permission to conduct geological and geophysical surveys on
said land and surveys and explorations on said land by other methods, whether similar to those specified or not, and whether now known or not. including
the right :a drill core holes for the purpose of determining subsurface geological conditions, provided that Lessee, or Lessee's nominee shall pay the party or
pates entitled thereto for any damages to person or property, including damage to water wells located on said band, resulting from the making of such
sJrveys, provided funnier that claim therefor is made by such party or parties within ninety (90) days from the date such survey or surveys are completed
The-nll.rig of core hoes or slim hole drilling for geological information shall not be Construed as drilling operations as defined in paragraph 12 hereof.
29, In aodittdn to and siistinct from the rig6:s granted Lessee under paragiayh 25 hereof. Lessee is hereby giver. the right to make this lease a,,d
Lessors rights herein and the said lands, or any part thereof, subject to any unit agreement or any plan or agreement which may be subscribed to or enter”
,nto ny Lessee and approved by any governmental authority, having for its purpose the orderly and efficient development and operation of one or more al or
gas producing zones underlying said lands and other lands within the field or productive area in which the said lands are situated, the prevention of waste
and damage to subsurface reservoirs, and the promotion of conservation of the oil and gas deposits underlying said area. The development and operation of
the leases and properties included within the productive area designated in said agreement or plan in accordance with the terns and conditions thereof shall
constitute full performance of all obligations and conditions imposed upon Lessee by this lease for the development operation of said lands-. and provided
funner, that the royalties herein reserved shall thereafter be calculated on the proportion of the production of oil, gas, hydrocarbons and associated
supslances produced from all of the leases and properties unitized within said area. allocated under said agreement or plan to said lands, and shall be In 'leu
of royalties on production from said lands. If there shall be production In paying quantities on any of the eases or tracts covered by sad agreement or clan.
tms lease shall continue in force so long as such production continues Lessor Ismail formally express Lessor's consent to any such unit Agreement or plan
ad=ec Dy Lessee and approved by any governmental agency by executing the same or a consent thereto upon request of Lessee
291 Upon failure of Lessee to pay any rental or royalty or advanced annual royalty monies property due hereunder for sixty (50) days ager rece:Dl
ar w- -,e- -oaoe rrom Lessor of Lessee's default therein. or upon the violation of any of the other substantial terms or conditions of this ease by Lessee and
c 'a -•c :o p'oceec tp 'erect,, the same within ninety 190) days after receipt of written notice from Lessor so to do Inert, a: the option of Lessor. this base
shall forthwith cease and terminate and all rights or the Lessee in and to the leased premises shall be at end, saving and excepting as to any and all wells
theretofore drilled or being drilled and in respect to which Lessee shall not be in default; together with appurtenances of said welts and 40 acres of land
surrounding each such well which has been or is being drilled for oil, and 640 acres of land surrounding each well which has been or is being drilled for gas
or any of the other leased substances, such acreage in each case to be selected and located by Lessee, and saving and excepting easements and rights-cf-
way over forfeited or surrendered lands necessary or convenient for continuing Lessee's operations on lands retained. Forkitum shall be the only remedy of
Lessor for failure to Lessee to comply with any of its obligations hereunder, except obligations as relate to the payment of money or the delivery of royally for
which forfeiture wig not lie.
30) Any notice to be given by either party to theother may be defrvened in person or by registered or certified mail, Postale Drepaid, addressed to
the party for whom intended as follows: to Lessor at City Hall . 221 west Pine Street, Call Box 3V06 .
Tndi ,_ CL Q9941 _1 Q10
and to Lessee at 1625 Broadway. Suite 1300. Denver, Colorado 110202. Either party may from
lime to time, by thirty (30) days prior written notice to the other, designate a different address which shall be substituted for the one above specified. H any
notice from one party to the other is given by registered or certified mail, usual time for transmission of mail shall be computed and at the end of such time
service of notice will be considered made.
31) This lease may be executed in any number of counterparts by any person having an interest in the leased land, whether named herein or not,
with the same effect as if all Lessors herein were named as Lessor in one document and all had signed the same document All counterparts shag be
construed together and shall constitute one lease. The failure of any person owning an interest in the leased premises, or the failure of any person named
as Lessor in this lease or any counterpart, to execute this lease of a counterpart hereof shall not affect the binding force of this lease as to those who have
executed or shag execute this lease or a counterpart hereof. All the terms and conditions of this lease, together with any extensions, renewals or
modifications hereof, shall be binding upon and inure to the benefit of the heirs, executors. administrators, grantees, successors and assigns of the
respective parties hereto.
32) In the event the Lessor, during the primary term of this lease, receives a bona fide offer which Lessor is willing to accept from any party
offering to execute a lease covering any or all of the substances covered under this lease and covering all or a portion of the land described herein, with the:
lease becoming effective upon or Immediately subsequent to the expiration of this lease. Lessor hereby agrees to notify Lessee promptly in writing at said
offer, with a copy of said offer attached to such written notice (which shelf include the name and address of the offeror, the price offered and all other
pertinent terms and conditions). Lessee, for a period of 15 days after receipt of the notice, shall have the prior and preferred right and option to base all or
part of such lands or an interest therein, covered by the offer at the price and accenting to the terns and conditions specified in the offer. All offers made up
to and including the last day of the primary term of this lease shall be subject to the terms and conditions of this paragraph. Should Lessee elect to execute
a new lease, it shag so notify Lessor in writing, by mail or telegram prior to expiration of said 15 -day period. Lessee shag promptly thereafter furnish to Lessor
a new lease for execution on behalf of Lessors) along with Lessee's sight draft payable to Lessor in payment of the specified amount as consideration for
the new lease, such draft being subject only to approval of title according to the terns thereof. Upon receipt thereof, Lessor(s) shall promptly execute said
lease and return same to Lessee.
W WITNESS WHEREOF, the parties hereto have caused this agreement to De duly executed as of the date first hereinabove written.
ENRON OIL & GAS COMPANY
By:
By:
LESSEE
CI'T'Y OF LODI, a municipal corporation
LESSOR
Exhibit "A"
This Exhibit "A" is attached hereto and made a part of that certain,Oil and Gas Lease dated
November 21, 1996, by and between the City of Lodi, a municipal corporation, "Lessor' and
Enron Oil and Gas Company, "Lessee".
Parcel 1:
Beginning at the Southeast comer of Section 24, Township 3 North, Range 5 East, MDB&M;
thence running North 49° 48' West to the point of intersection with the North line of the
Southwest quarter of said Section 24; thence Westerly along said Northerly line to the
northeasterly corner of the Southeast quarter of Section 23 of the above mentioned Township and
Range; thence Westerly along the Northerly line of said Southeast quarter to the quarter quarter
comer thereof; thence Southerly to the Southwest comer of the Southeast quarter of the
Southeast quarter of said Section 23; thence along the Southerly line of said Section 23 and along
the Southerly line of the aforesaid Section 24 to the point of beginning.
Parcel 2:
A portion of Sections 23 and 24, Township 3 North, Range 5 East, MDB&M, more particularly
described as follows:
Beginning at an iron rod at the intersection of the North line of the South one-half of Section 24,
Township 3 North, Range 5 East, MDB&M, with the Westerly right of way line of County Road,
known as Moseley Road, said rod being at the Northeast comer of that certain tract of land
acquired by the City of Lodi from George W. Emde, et at, by Deed filed June 19, 1944 in Book
of Official Records, Vol. 882, page 161, San Joaquin County Records, and as said rod is
indicated on Map of Survey filed April 28, 1947 in Vol. 7, page 9, Record of Surveys; thence
South 891 58' West along the North line of said City of Lodi Parcel and its Westerly projection,
5075.5 feet to a point; thence North 00 34' West along a fence line, 1317.0 feet to the fence line
on the North line of that certain tract of land acquired by George E. Emde, et at, from Clyde O.
Fox, by Deed filed October 24, 1944 in Book of Official Records, Vol. 902, page 84, said fence
line being on the South line of the land known as the Tredway Ranch; thence North 891 54' East
along said South line, 3660.4 feet to the Westerly right of way line of said Moseley Road; thence
Southeasterly along said Westerly right of ,,.,ay line on a curve to the left through a central angle
of 120 39 1/2', radius of 3584.02 feet, arc length 75.13 feet to the end of curve; thence South 49°
48' East along said Westerly right of way line, 1165.2 feet to the point of beginning.
Parcel 3:
Beginning at an iron rod at the Southwest comer of the East 1/2 of the Southeast 1/4 of Section
23, T3N, RSE, MDB&M, said rod being at the Southwest property corner of that certain tract of
land acquired by the City of Lodi from George Emde, et at, by deed filed June 19, 1944 in Vol.
882 of Official Records, page 161, San Joaquin County Records, and as indicated on Map of
Survey filed April 28, 1947 in Vol. 7 of Record of Surveys, page 9, San Joaquin County
Records; thence North 01 3 1/2' West along the West line of said City of Lodi parcel, 2637.25
feet to an iron rod at the Northwest comer of said East 1/2; thence South 891 58' West along the
North line of said Southeast 1/4 and its westerly projection, 1607.3 feet to a point; thence North
00 34' West along a fence line, 1277.0 feet to a point on the North line of property acquired by
George W. Emde, et at, from Lulu F. Bunds by Deed filed June 19, 1944 in Vol. 887 of Official
Records, page 19, San Joaquin County Records; thence South 890 54 1/2" West along said north
line 2476.4 feet to the Northwest corner of said property acquired by George W. Emde, et at,
being on the Easterly line of 30 foot ditch being also on the Easterly line of the land known as
Crawford Ranch; thence following said Easterly line, being also the Westerly line of said
property acquired by George W. Emde, et al, on the following courses and distances: South 27°
04' East, 1762.0 feet; South 61° 01' East, 600.0 feet; South 55° 11' East, 1200.0 feet; South 55°
59' East, 600.0 feet; South 42° 07' East, 300.0 feet; South 2° 09' East, 806.1 feet, to the South
line of said Section 23; thence South 89° 55' East along said South line, 2068.4 feet to the point
of beginning.
Excepting the following parcels:
Unit A.
A portion of Section 23, Township 3 North, Range 5 East, MDB&M more particularly described
as follows:
BEGINNING at a 1 - 1/2 inch iron pipe with brass cap marked DPC-507F from which the
Southeast corner of said Section 23 bears South 84° 21' 16" East 3,138.05 feet; -THENCE from
said point of beginning North 221 22' 16" West 3,644.10 feet to a 1 1/2 inch iron pipe with brass
cap marked DPC-507E; thence continuing North 22° 22' 16" West 300.00 feet to a point on the
North line of Parcel Two as described in the Deed to the City of Lodi dated July 8, 1966 and
recorded July 13, 1966 in Book 3062, at page 637, Official Records of San Joaquin County,
California; thence along said North line South 89° 27' 24" East 583.01 feet to a point from which
a 1 - 1/2 inch iron pipe with brass cap marked DPC-514J bears South 22° 22' 16" East; thence
leaving said North line South 22° 22' 16" East 300.00 feet to said Monument DPC-514J: thence
continuing South 22° 22' 16" East 3,676.38 feet to a 1 - 1/2 inch iron pipe with brass cap marked
DPC-514K; thence continuing South 22° 22' 16" East 268.30 feet to a point on the South line of
said Section 23, from which said Southeast comer bears South 89° 24' 15" East 2,425.58 feet;
thence along said South line North 89° 24' 15" East 583.23 feet to a point from which the point
of beginning bears North 22° 22' 16" West thence leaving said South line North 220 22' 16"
West 300.00 feet to the point of beginning.
Unit B
A portion of Section 23, Township 3 North, Range 5 East, MDB&M, more particularly described
as follows:
BEGINNING at a 1 - 1/2 inch iron pipe with brass cap marked DPC-514K from which the
Southeast comer of said Section 23 bears South 83° 49' 41" East 2,542.30 feet; THENCE from
said point of beginning North 67° 37' 44" East 205.00 feet; thence South 22° 22' 16" East
355.18 feet to a point on the South line of said Section 23, from which said Southeast corner
bears South 89° 24' 15" East 2202.93 feet; thence along said South line North 89° 24' 15" West
222.65 feet to a point from which the point of beginning bears North 22° 22' 16" West; thence
leaving said South line North 22° 22' 16" West 268.30 feet to the point of beginning.
Unit C
Portions of Sections 22 and 23, Township 3 North, Range 5 East, MDB&M more particularly
described as follows:
BEGINNING at a 1 - 1/2 inch iron pipe with brass cap marked DPC-507F from which the
Southeast comer of said Section 23 bears South 84° 21' 16" East 3,158.05 feet thence from said
point of beginning South 22° 22' 16" East 300.00 feet to a point on the South line of said Section
23, from which said Southeast corner bears South 89° 24' 15" East 3,008.81 feet; thence along
said South line North 890 24' 15" West 379.18 feet to the Southwest corner of Parcel Two as
described in the Deed to the City of Lodi dated July 8, 1966, and recorded July 13, 1966. in Book
3062, at page 637, Official Records of San Joaquin County, California; thence leaving said South
line and along the Westerly line of said Parcel Two North 02° 06' 17" West 806.18 feet; thence
North 41° 34' 17" West 300.03 feet; thence North 55° 26' 17" West 600.06 feet; thence North
54° 38' 17" West 1,200.13 feet; thence North 60° 28' 17" West 600.06 feet; thence North 26°
31' 17" West 1,762.19 to the Northwest comer of said Parcel Two; thence along the North line
of said Parcel Two South 89° 27' 24" East 1,774.50 feet to a point from which a 1 - 1/2 inch iron
pipe with brass cap marked DPC-507E bears South 22° 22' 16" East; thence leaving said North
line South 22° 22' 16" East 300.00 feet to said Monument DPC-507E; thence continuing South
22° 22' 16" East 3,644.10 feet to the point of beginning.
Parcel 4:
A portion of that certain parcel of land as conveyed to the State of California by deed recorded
May 22, 1968, in Volume 3211 of Official Records, page 57, San Joaquin County Records, said
portion described as follows:
Beginning at a point in the south line of said parcel, distant along said south line South 89° 31'
32" East 97.18 feet from the southwest comer of said parcel; thence (1) along said south line
south 89° 31' 32" East 92.35 feet to the westerly line of Thornton Road (a county road 80 feet in
width); thence (2) along last said line from a tangent that bears North 361 34' 21" West along a
curve concave to the northeast having a radius of 3,548.02 feet, through an angle of 5° 35' 44",
an arc distance of 346.50 feet; thence (3) South 000 36' 22" East 86.47 feet; thence (4) south 26°
19' 32" East 223.91 feet to point of beginning.
Bearing and distances used in the above description are based on the California Co-ordinate
System, Zone 3.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
junq of
On. before me,
Date (Name , Title Of Officer, E.G., "Jane Doe, Notary Public")
personall) appeared
(NAMES OF SIGNER(S)
0 personalty known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose names) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed the
same in his/her/their authorized capaciry(ies), and
that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RIGHT:
— OPTIONAL SECTIO' —
CAPACITY CLAIMED BY SIGNER
Though statute docs not require the Notan
to fill in the data below, doing so may pro�c
invaluable to persons relying on the
document.
❑ INDIVIDUAL
❑ CORPORATE OFFICER(S)
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
. ❑ GENERAL
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
'NAME OF PERSON(S) OR EN I ITYt IFS
Though the data requested here is not required by NUMBER OF PAGES DATE OF DOCUMENT
la%,. t could prevent fraudulent reanachment of this SIGNER(S) OTHER THAN NAMED ABOVE
lorm
AWMAW-
CITY OF LOD.1
PUBLIC WORKS DEPARTMENT
- EXHIBIT A
WHTTE SLOUGH WATER POLLUTION
CONTROL FACILITY LAND LEASES
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... .. .
fr 11 '� JI 11 n
NOT TO SCALE
LEGEND
1
389 -acre parcel leased by Bechthold-Kirschenman Farms
O270 -acre parcel leased by Bechthold-Kirschennnan Farms
O218 -acre parcel leased by Lima Ranch
O10 -acre parcel leased by Northern California Power Association
O12 -acre parcel to be leased by San Joaquin County Mosquito & Vector Contrbl District