Exhibit 10.14
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Xxxxxxx X. Xxxxxxxxx, Esq.
Paul, Hastings, Xxxxxxxx & Xxxxxx LLP
000 Xxxxxxxxx Xxxxxx, X.X., Xxxxx 0000
Xxxxxxx, Xxxxxxx 00000-0000
AMENDED AND RESTATED
RIGHT-OF-WAY AGREEMENT AND GRANT OF EASEMENT
This Amended and Restated Right-of-Way Agreement and Grant of Easement
(this "Agreement") is made as of May 10, 2002, by and between ENRON WIND
SYSTEMS, LLC, a California limited liability company, as successor by merger to
Enron Wind Systems, Inc., a California corporation, formerly known as Zond
Systems, Inc., a California corporation ("EWS"), GE WIND ENERGY, LLC, a Delaware
limited liability company ("GE Wind"; EWS and GE Wind are sometimes referred to
individually as a "Grantor" and collectively as the "Grantors"), and ZWHC LLC, a
Delaware limited liability company, as successor by merger to Zond Windsystems
Holding Company, a California corporation, ZOND WINDSYSTEM PARTNERS, LTD. SERIES
85-A, a California limited partnership, and ZOND WINDSYSTEM PARTNERS, LTD.
SERIES 85-B, a California limited partnership (collectively, the "Grantee").
RECITALS
A. EWS and Grantee entered into that certain Right-of-Way Agreement
and Grant of Easement dated as of June 30, 1992 (the "Original Agreement"), and
recorded on September 3, 1992 in the Official Records of Xxxx County, California
("Official Records") as Document No. 128020, at Book 6724, Page 2158, whereby
EWS granted certain non-exclusive easements to Grantee.
B. GE Wind is concurrently herewith acquiring from EWS certain real
property located in Xxxx County, California, a portion of which is more
particularly described in Exhibit A attached hereto and incorporated herein by
reference (the "Headquarters Area"), and another portion of which is more
particularly described in Exhibit B attached hereto and incorporated herein by
reference (the "GE Access Parcels"), both portions of which are subject to the
Original Agreement pursuant to the terms hereof.
C. EWS shall continue to own in fee certain land in Xxxx County,
California, a portion of which is more particularly described in Exhibit C
attached hereto and incorporated herein by reference (the "EWS Access Parcels";
the GE Access Parcels and the EWS Access Parcels are collectively referred to
herein as the "Access Parcels").
D. Grantee is the beneficial owner of, beneficiary under deeds of
trust or otherwise holds an interest in, certain leases, easements and other
rights and interests (the "Project Area") situated in Xxxx County, California,
more particularly described in Exhibit "D" attached hereto and incorporated
herein by reference.
E. Grantee currently operates electricity-generating wind turbines
and conducts related operations and maintenance activities (the "Project") on
the Project Area.
F. Grantee desires to utilize the Headquarters Area and the Access
Parcels for all purposes set forth in this Agreement.
G. Grantors and Grantee desire to amend and restate the Original
Agreement, as more particularly set forth herein.
Now, therefore, in consideration of the foregoing and the covenants and
agreements contained herein, the Parties hereto hereby fully amend and restate
the Original Agreement as follows:
AGREEMENT AND GRANT
1. Grant of Easement. For and in consideration of Ten Dollars
($10.00) and other good and valuable consideration, in hand paid, the receipt
and sufficiency of which is hereby acknowledged, the Grantors do hereby GRANT,
BARGAIN, SELL and CONVEY to Grantee, its successors and assigns, the following
rights, interests and estates to be used for all purposes associated with the
construction, operation and maintenance of the Project and the Project Area,
including, but not limited to, the following:
(a) a non-exclusive, vehicular easement via existing or
future roads for ingress and egress to and from the Project Area via the Access
Parcels;
(b) a non-exclusive, vehicular easement via existing or
future roads for ingress and egress to, from, and across the Headquarters Area
via the Access Parcels;
(c) a non-exclusive easement for a right-of-way for
electricity transmission lines, power transfer systems and substations, poles,
guys and anchors, cross arms, wires and fixtures for conveying electrical energy
to be used for light, heat, power, telephone and other purposes, from Tehachapi,
California to, from, over, under, on and across the Headquarters Area and the
Access Parcels in the approximate area of such existing facilities; and
(d) a non-exclusive easement for a right-of-way over, under,
on and across the Headquarters Area and the Access Parcels for water and gas
pipelines and other appurtenant facilities, in order to construct, inspect,
maintain, operate, repair, replace and remove pipelines and appurtenant
facilities, for the benefit of the Project in the approximate area of such
existing facilities.
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TO HAVE AND TO HOLD to Grantee, its successors and assigns, subject to
all matters of record so long as the rights and easements herein granted, or any
one of them shall be used by Grantee for the purposes herein granted, with free
right of ingress to and egress from the premises for the purpose of
constructing, inspecting, operating, repairing, maintaining, replacing and
removing the property of Grantee herein described; and EWS (but not GE Wind)
hereby binds itself, its successors and assigns, to warrant and forever defend
all and singular said premises unto Grantee, its successors and assigns, against
every person whomsoever lawfully claiming or to claim the same or any part
thereof, subject only to matters of record in Xxxx County, California on the
date hereof.
2. Ingress and Egress; Obstructions. Grantee shall have all of the
rights and benefits necessary or desirable for the use of the rights, interests
and estates herein granted, including without limitation the free right of
ingress and egress to, from, on, over and across the Headquarters Area and the
Access Parcels to and from the rights-of-way and easements expressly provided in
Section 1 above, and the right from time to time, with the prior written
approval of (i) GE Wind with respect to the Headquarters Area and the GE Access
Parcels (collectively, the "GE Area") and (ii) EWS with respect to the EWS
Access Parcels, and in accordance with applicable laws to cut all trees,
undergrowth and other obstructions that may injure, endanger or interfere with
the use of said pipelines, power lines, water lines, roads and appurtenant
facilities.
3. Maintenance and Repair.
3.1 Maintenance and Repair of GE Area. For the duration of
this Agreement, GE Wind shall, with respect to the GE Area, maintain the
easements located in the GE Area and keep them in good and safe condition.
3.2 Maintenance and Repair of EWS Access Parcels. For the
duration of this Agreement, EWS shall, with respect to the EWS Access Parcels,
maintain the easements located in the EWS Access Parcels and keep them in good
and safe condition.
3.3 Grantee's Rights. If either Grantor shall fail to
fulfill its obligations to provide such maintenance and repair, Grantee may, but
shall not be obligated to, upon fifteen (15) days prior written notice to such
applicable Grantor, perform any necessary maintenance and repair and all amounts
expended by Grantee in connection therewith shall be immediately due and owing
from such Grantor to Grantee.
4. Further Consents Not Required. Grantee or its designee shall
be permitted to reasonably inspect, maintain, operate, repair and replace all of
the facilities, improvements, roads, rights-of-way and easements contemplated
herein without the prior consent of either Grantor except as provided for
herein.
5. Insurance Obligation. Grantee and each successor, assign and
licensee of Grantee of the easements and other rights hereunder shall maintain
for its own account comprehensive general liability insurance in an amount of
$5,000,000 per each occurrence and in the aggregate or, in the event a greater
amount becomes commercially reasonable, such other then commercially reasonable
amounts covering liability
3
occasioned by the act, omission or negligence of Grantee (or such other party)
or Grantee's (or such other party's) employees, agents, contractors, visitors or
licensees or the construction, installation, maintenance, alteration, repair,
and use of the roadways and all other improvements within the easements,
resulting in damage or loss to the Access Parcels, injury to or death of persons
and damage or loss to the property of any third party. Such insurance shall be
issued by an insurance company rated A-VII or better by A.M. Best Insurance
Report and authorized to conduct business in the State of California and shall
be endorsed to include each Grantor as an additional insured. Grantor shall be
notified by the insurance company at least thirty (30) days prior to any
cancellation or modification of said insurance policy (or at least ten (10) days
prior to any cancellation for non-payment of premiums). Grantee shall deliver to
Grantor a certificate of insurance or other evidence of Grantee's maintenance of
the insurance coverage required by this Section 5 as may be reasonably requested
by Grantor. Grantee shall attempt to obtain from its insurance carrier for the
above required policies a waiver of subrogation endorsement.
6. Taxes; Other Governmental Fees. Grantee shall pay all taxes and
fees assessed or levied upon its improvements located on the Project Area.
7. Physical Damage. Grantee agrees to pay for any physical
damage to livestock, growing crops, timber, fences, or other improvements caused
by Grantee's construction, inspection, maintenance, operation, repairing,
replacement or removal of said pipelines, power lines, water lines, roads,
parking areas, and appurtenant facilities.
8. Grantors' Rights. GE Wind has a right to fully use and enjoy
the GE Area except as the same may be necessary for the purposes herein granted
to Grantee. GE Wind shall have the right to move, relocate or widen any such
easements in GE Wind's sole discretion provided that access over and across the
GE Area is provided to Grantee that is reasonably equivalent to the access
provided by the easements existing as of the date hereof. EWS has a right to
fully use and enjoy the EWS Access Parcels except as the same may be necessary
for the purposes herein granted to Grantee. EWS shall have the right to move,
relocate or widen any such easements in EWS's sole discretion provided that
access over and across the EWS Access Parcels is provided to Grantee that is
reasonably equivalent to the access provided by the easements existing as of the
date hereof.
9. Encumbrance of Easements.
9.1 Grantee's Right to Encumber. Grantee, its successors,
assigns and licensees may, at any time and from time to time encumber, mortgage
or hypothecate to any person or entity (herein, the "Mortgagee"), by deed of
trust or mortgage or other security instrument (the "Mortgage"), all or any part
of Grantee's or such other party's interest under this Agreement and the
easements created hereby, without the consent of Grantor.
9.2 Certain Rights of Mortgagee. Should Grantee or any of
its successors, assigns or licensees incur any encumbrance in accordance with
Section 9.1 of
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this Agreement, Grantee and the Grantors each hereby expressly stipulate and
agree between themselves and on behalf of, and for the benefit of, the Mortgagee
as follows:
(a) Modifications of Agreement. They will not modify this
Agreement or allow this Agreement to be modified in any way, nor terminate this
Agreement (other than by way of the exercise of remedies upon a default
hereunder) without the prior written consent of the Mortgagee.
(b) Performance by Mortgagee. The Mortgagee shall have the
right to do any act or thing required of Grantee under this Agreement, and any
such act or thing performed by the Mortgagee shall be as effective to prevent
and/or cure a default under this Agreement and/or prevent a forfeiture of any of
Grantee's rights under this Agreement as if done by the Grantee itself.
(c) Right to Cure Defaults. Should Grantee incur an
encumbrance pursuant to Section 9.1 of this Agreement, before a Grantor may
terminate this Agreement because of any default under or breach of the Agreement
by Grantee, such Grantor agrees to give written notice of the default of breach
to the Mortgagee and to give the Mortgagee thirty (30) days after service of the
notice to cure such breach or default. On termination of this Agreement by a
Grantor on Grantee's default, such Grantor agrees to promptly enter into a new
agreement with the Mortgagee covering the estates and interests granted herein
on the same terms and conditions as set forth in this Agreement. If the cure for
any such default requires that Mortgagee possess the easement rights granted
hereunder or foreclose or acquire Grantee's interests under this Agreement, then
a Grantor shall delay the exercise of its rights to terminate this Agreement for
such period or periods of time as may be reasonably necessary for such
Mortgagee, with the exercise of due diligence, to foreclose or acquire Grantee's
interest under this Agreement; provided that Mortgagee shall:
(i) Notify Grantor of its election to proceed with
due diligence promptly to exercise its rights under its Mortgage to acquire
possession of the Transmission Facilities or to foreclose the Mortgage or
otherwise to foreclose or acquire the Grantee's interest in the easement rights
granted hereunder; and
(ii) Deliver to Grantor a written instrument duly
executed and acknowledged wherein such Mortgagee agrees that:
(1) During the period that such Mortgagee or
its nominee or a receiver appointed upon application of such Mortgagee shall be
in possession of the easement rights granted hereunder and/or during the
pendency of any such foreclosure or other proceedings and until the interest of
Grantee shall be acquired by such Mortgagee or other person, firm or
corporation, as the case may be, it will pay or cause to be paid to Grantor all
amounts which become due under this Agreement; and
(2) If delivery of possession of the easement
rights granted hereunder shall be made to such Mortgagee or its nominee or such
receiver, whether voluntarily or pursuant to foreclosure or other proceedings or
5
otherwise, such Mortgagee shall, promptly following such delivery of possession,
perform or cause such nominee to perform, as the case may be, each of the
covenants and agreements herein contained on Grantee's part to be performed and
observed as Grantee shall have failed to perform to the date of delivery of
possession and to perform promptly after acquisition of Grantee's interests
under this Agreement all other covenants and agreements Grantee shall have
failed to previously perform.
If prior to any sale pursuant to any proceeding brought to foreclose the
Mortgage, or if prior to the date on which Grantee's interests under this
Agreement shall otherwise be foreclosed or acquired, the default in respect of
which Grantor shall have given a notice shall have been remedied, then the
obligation of the Mortgagee pursuant to the instrument referred to in paragraph
(ii) of this Section 9.2.(c) shall be null and void and of no further effect.
Nothing herein contained shall affect the right of a Grantor, upon the
subsequent occurrence of any default, to exercise any right or remedy herein
reserved to a Grantor.
(d) New Easement Agreement. In addition to and without
regard to the provisions of Section 9.2(c), in case of the termination of this
Agreement by reason of the happening of any bankruptcy, insolvency or
appointment of a receiver in bankruptcy for Grantee, a Grantor shall, on written
request of the Mortgagee, made at any time within forty (40) days after such
termination, enter into a new easement agreement with such Mortgagee, or its
designee, within twenty (20) days after receipt of such request, which new
easement agreement shall be effective as of the date of such termination of this
Agreement, upon the same terms, covenants, conditions and agreements herein
contained and shall be entitled to the same priority as this Agreement and the
easements created hereunder with respect to all rights, claims and encumbrances
affecting the Property; provided that the Mortgagee shall (i) contemporaneously
with the delivery of such request pay to a Grantor the amounts which are owing
to Grantor by Grantee hereunder, as specified in a notice to such Mortgagee,
(ii) pay to Grantor at the time of the execution and delivery of such new
easement agreement any and all amounts which would have been due hereunder from
the date of termination of this Agreement (had this Agreement not been
terminated) to and including the date of the execution and delivery of such new
easement agreement, together with all expenses, including reasonable attorneys'
fees, incurred by Grantor in connection with the execution and delivery of such
new easement agreement, and (iii) on or prior to the execution and delivery of
such new easement agreement agree in writing that promptly following the
delivery of such new easement agreement, such Mortgagee or its designee will
perform or cause to be performed all of the other covenants and agreements
herein contained on Grantee's part to be performed to the extent that Grantee
shall have failed to perform the same, prior to the date of delivery of such new
easement agreement and to the extent such covenants and agreements are
reasonably susceptible of performance by Mortgagee. Any such new easement
agreement shall, without further consideration therefor, contain a conveyance by
way of quitclaim deed from Grantor to such Mortgagee or designee of all right,
title and interest, if any, that Grantor may have acquired in and to the
Transmission Facilities or any other real or personal property of Grantee by
virtue of such termination. Nothing herein contained shall be deemed to impose
any obligation on the part of Grantor to deliver physical possession of the
easement property to such Mortgagee or its designee unless Grantor at
6
the time of the execution and delivery of such new easement agreement shall have
obtained physical possession thereof.
(e) Subrogation. No default predicated on the giving of any
notice to Grantee shall be effective unless like notice in writing shall have
been given to the Mortgagee, provided that Grantee shall have provided the
applicable Grantor with the names and addresses of such Mortgagee(s). The
Mortgagee shall have and be subrogated to any and all rights of Grantee with
respect to the remedying of any default hereunder by Grantee. Grantee
irrevocably authorizes and directs Grantor to accept, and Grantor shall accept,
performance by the Mortgagee of any of the covenants or agreements on the
Grantee's part to be performed hereunder with the same force and effect as
though performed by the Grantee.
9.3 Right to Cure; Termination. Should Grantee incur an
encumbrance pursuant to Section 9.1 of this Agreement, before a Grantor may
terminate this Agreement because of any default under or breach of the Agreement
by Grantee, such Grantor agrees to give written notice of the default of breach
to the Mortgagee and to give the Mortgagee thirty (30) days after service of the
notice to cure such breach or default. On termination of this Agreement by a
Grantor on Grantee's default, such Grantor agrees to promptly enter into a new
agreement with the Mortgagee covering the estates and interests granted herein
on the same terms and conditions as set forth in this Agreement.
10. Oral Representations or Modifications. Any oral representations
or modifications concerning this instrument shall be of no force and effect
except through a subsequent modification in writing, signed by the Grantors and
Grantee or their successors and assigns.
11. Termination. In the event that Grantee should fail to use all the
pipelines, power lines, water lines, roads, and appurtenant facilities or any of
them located upon the premises covered hereby for any purpose associated with
the construction and operation of the Project and the Project Area, for any
period of twelve (12) consecutive months, then, upon written notice from either
Grantor to Grantee, the easements herein granted shall terminate and Grantee
shall cease to use the rights and easements herein granted for such pipelines,
power lines, water lines, roads, and appurtenant facilities; provided, however,
that no termination shall occur without the prior written consent of the
Mortgagee under any Mortgage then in effect.
12. Successors and Assigns. This Agreement shall run with the land
and shall bind and inure to the benefit of the parties hereto and to their
respective successors and assigns. Upon termination of this Agreement, the
parties hereto or their successors and assigns shall execute and record an
instrument acknowledging the termination of this Agreement. All rights,
interests and estates granted herein shall burden the Headquarters Area, and the
Access Parcels, as appropriate, and shall inure to the benefit of the beneficial
owner of the Project and the Project Area and its successors and assigns in
title.
7
13. Notices. Each notice, approval, consent, demand or request which
any party desires to serve on any other party pursuant to this Agreement must be
in writing and shall be deemed delivered when actually received by the party
being served. Notices shall be addressed as follows:
If to Grantee:
ZWHC LLC
c/o Enron Wind LLC
0000 Xxxxx Xxxxxx
Xxxxxxx, Xxxxx 00000
Attention: Xxxx Xxxx
Zond Windsystem Partners, Ltd. Series 85-A
c/o Enron Wind LLC
0000 Xxxxx Xxxxxx
Xxxxxxx, Xxxxx 00000
Attention: Xxxx Xxxx
Zond Windsystem Partners, Ltd. Series 85-B
c/o Enron Wind LLC
0000 Xxxxx Xxxxxx
Xxxxxxx, Xxxxx 00000
Attention: Xxxx Xxxx
in each case with a copy to:
Enron Wind LLC
00000 Xxxxxxx Xxxx
Xxxxxxxxx, XX 00000
Attention: Xxxxxx Xxxxx
If to EWS:
Enron Wind Systems, LLC
c/o Enron Wind LLC
0000 Xxxxx Xxxxxx
Xxxxxxx, Xxxxx 00000
Attention: Xxxx Xxxx
with a copy to:
Enron Wind LLC
00000 Xxxxxxx Xxxx
Xxxxxxxxx, XX 00000
Attention: Xxxxxx Xxxxx
8
If to GE Wind:
GE Wind Energy, LLC
00000 Xxxxxxx Xxxx
Xxxxxxxxx, XX 00000
Attn: General Counsel
By written notice to the other parties hereto, any party may change its
address for notice.
14. Headings. The section headings contained in this Agreement are
for purposes of convenience only and shall not limit or otherwise affect the
meaning herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
of the date first above written.
"EWS"
ENRON WIND SYSTEMS, LLC, a California limited
liability company, as successor by merger
to Enron Wind Systems, Inc., a California
corporation, formerly known as Zond Systems,
Inc., a California corporation
By: /s/ Xxxx X. Xxxx
----------------------------------------
Name: Xxxx X. Xxxx
Title: Vice President
"GE WIND"
GE WIND ENERGY, LLC,
a Delaware limited liability company
By: /s/ Xxxxxxxx Xxxxxx
----------------------------------------
Name: Xxxxxxxx Xxxxxx
Title: Secretary
"GRANTEE"
ZWHC LLC, a Delaware limited
liability company, as successor by
merger to Zond Windsystems Holding
Company, a California corporation
By: /s/ Xxxx X. Xxxx
----------------------------------------
Name: Xxxx X. Xxxx
Title: Vice President
9
ZOND WINDSYSTEM PARTNERS, LTD. SERIES 85-A,
a California corporation
By: ZOND WINDSYSTEM MANAGEMENT LLC III, a
California limited liability company, as
successor by merger to Zond Windsystem
Management Corporation III, a California
corporation, Its General Partner
ENRON WIND SYSTEMS, LLC,
its sole member
ENRON WIND DOMESTIC HOLDING LLC,
its sole member
ENRON WIND LLC,
its sole member
ENRON RENEWABLE ENERGY CORP.,
its sole member
By: /s/ Xxxx X. Xxxx
---------------------------------
Name: Xxxx X. Xxxx
Title: Vice President
10
ZOND WINDSYSTEM PARTNERS, LTD.SERIES 85-B,
a California corporation limited partnership
By: ZOND WINDSYSTEM MANAGEMENT LLC IV, a
California limited liability company, as
successor by merger to Zond Windsystem
Management Corporation IV, a California
corporation, Its General Partner
ENRON WIND SYSTEMS, LLC,
its sole member
By: ENRON WIND DOMESTIC HOLDING LLC,
its sole member
By: ENRON WIND LLC, its sole member
By: ENRON RENEWABLE ENERGY CORP. its
sole member
By: /s/ Xxxx X. Xxxx
---------------------------------
Name: Xxxx X. Xxxx
Title: Vice President
11
STATE OF GEORGIA )
) ss.
COUNTY OF XXXXXX )
On May 9, 2002, before me, Xxxx Xxxxxx, personally appeared Xxxx X. Xxxx, Vice
President (here insert name and title of the officer), personally known to me
(or proved to me on the basis of satisfactory evidence) to be person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(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 /s/ Xxxx X. Xxxxxx (Seal)
------------------------------------
STATE OF GEORGIA )
) ss.
COUNTY OF XXXXXX )
On May 9, 2002, before me, Xxxxx X. Xxxxxx, personally appeared Xxxxxxxx Xxxxxx,
Secretary (here insert name and title of the officer), personally known to me
(or proved to me on the basis of satisfactory evidence) to be person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(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 /s/ Xxxxx X. Xxxxxx (Seal)
------------------------------------
STATE OF GEORGIA )
) ss.
COUNTY OF XXXXXX )
On May 9, 2002, before me, Xxxxx X. Xxxxxx, personally appeared Xxxx X. Xxxx,
Vice President (here insert name and title of the officer), personally known to
me (or proved to me on the basis of satisfactory evidence) to be person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(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 /s/ Xxxxx X. Xxxxxx (Seal)
------------------------------------
STATE OF GEORGIA )
) ss.
COUNTY OF XXXXXX )
On May 9, 2002, before me, Xxxx Xxxxxx, personally appeared Xxxx X. Xxxx Vice
President (here insert name and title of the officer), personally known to me
(or proved to me on the basis of satisfactory evidence) to be person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(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 /s/ Xxxx X. Xxxxxx (Seal)
------------------------------------
STATE OF GEORGIA )
) ss.
COUNTY OF XXXXXX )
On May 9, 2002, before me, Xxxx Xxxxxx, personally appeared Xxxx X. Xxxx and
Vice President (here insert name and title of the officer), personally known to
me (or proved to me on the basis of satisfactory evidence) to be person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(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 /s/ Xxxx X. Xxxxxx (Seal)
------------------------------------
EXHIBIT A
LEGAL DESCRIPTION OF HEADQUARTERS AREA
Township 32 South, Range 34 East, MDBM
Section 31: All
Xxxx County, California
A-1
EXHIBIT B
LEGAL DESCRIPTION OF GE ACCESS PARCELS
All GE Wind's right, title and interest, if any, in and to the
following lands located in Xxxx County, California:
PARCEL 3:
ALL OF XXXXXXXXXX XXXXXXX 00, XXXXXXXX 00 XXXXX, XXXXX 14 WEST, SAN BERNARDINO
MERIDIAN, IN THE UNINCORPORATED AREA, COUNTY OF XXXX, STATE OF CALIFORNIA,
ACCORDING TO THE OFFICIAL PLAT THEREOF.
EXCEPT THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER
OF SAID SECTION 33;
ALSO EXCEPT THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SAID SECTION 33;
ALSO EXCEPT THE EAST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 33;
PARCEL 6:
THE NORTH HALF OF SECTION 32, THE SOUTH HALF OF THE SOUTHEAST QUARTER OF
SECTION 32, THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32, EACH
IN THE TOWNSHIP 32 SOUTH, RANGE 34 EAST, MOUNT DIABLO MERIDIAN, IN THE
UNINCORPORATED AREA, COUNTY OF XXXX, STATE OF CALIFORNIA, ACCORDING TO THE
OFFICIAL PLAT THEREOF.
EXCEPT THAT PORTION IN DRY SALT LAKE AS SAID LAKE IS SO DESIGNATED AND SHOWN
UPON THE OFFICE SURVEY OF SAID TOWNSHIP RETURNED TO THE GENERAL LAND OFFICE AT
WASHINGTON, D.C. AND APPROVED BY THE SURVEYOR GENERAL OF CALIFORNIA ON MAY 14,
1856.
HILLTOP DEVELOPMENT PROPERTY:
THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3,
TOWNSHIP 11 NORTH, RANGE 14 WEST, SAN BERNARDINO MERIDIAN, IN THE UNINCORPORATED
AREA OF THE COUNTY OF XXXX, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF; AND
B-1
PARCEL A:
A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS FOR ROAD AND/OR UTILITY
PURPOSES, BEING 30 FEET IN WIDTH ALONG THE NORTH, SOUTH, EAST AND WEST
BOUNDARIES OF THE CERTAIN REAL PROPERTY DESCRIBED AS THE SOUTHWEST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 11 NORTH, RANGE 14 WEST, SAN
BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF; AND,
PARCEL B:
A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS FOR ROAD AND/OR UTILITY
PURPOSES, CONSISTING OF ALL THOSE RIGHTS OF ACCESS ACROSS THE PARCEL DESCRIBED
AS THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 1 I NORTH,
RANGE 14 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF;
AND,
PARCEL C:
A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS FOR ROAD AND/OR UTILITY PURPOSES
BEING A 30 FOOT STRIP OF LAND RUNNING IN A NORTHWESTERLY DIRECTION FROM THE
EXISTING COUNTY ROAD, CALLED . CAMERON CANYON COUNTY ROAD, AND RUNNING ACROSS
THE SOUTHEAST QUARTER OF SAID SECTION 3 TO THE EASTERLY BOUNDARY OF THE
SOUTHWEST QUARTER OF SECTION 3.
B-2
EXHIBIT C
LEGAL DESCRIPTION OF EWS ACCESS PARCELS
All EWS's right, title and interest, if any, in and to the following
lands located in Xxxx County, California.
SECTION 30, T-32-S, R-34-E, MDBM
THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER
OF SECTION 33, THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 33, THE EAST HALF OF THE EAST HALF OF THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 33, EACH IN X-00-X, X-00-X,
XXXX
SECTIONS 35 AND 00, X-00-X, X-00-X, XXXX
SECTIONS 2 AND 3, T-11-N, R-14-W, SBBM, EXCEPTING THEREFROM:
THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 3, TOWNSHIP 11 NORTH, RANGE 14 WEST, SAN BERNARDINO MERIDIAN,
IN THE UNINCORPORATED AREA OF THE COUNTY OF XXXX, STATE OF CALIFORNIA,
ACCORDING TO THE OFFICIAL PLAT THEREOF; AND
PARCEL A:
A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS FOR ROAD AND/OR UTILITY
PURPOSES, BEING 30 FEET IN WIDTH ALONG THE NORTH, SOUTH, EAST AND WEST
BOUNDARIES OF THE CERTAIN REAL PROPERTY DESCRIBED AS THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 11 NORTH, RANGE
14 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT
THEREOF; AND,
PARCEL B:
A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS FOR ROAD AND/OR UTILITY
PURPOSES, CONSISTING OF ALL THOSE RIGHTS OF ACCESS ACROSS THE PARCEL
DESCRIBED AS THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 3,
TOWNSHIP 11 NORTH, RANGE 14 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO
THE OFFICIAL PLAT THEREOF; AND,
C-1
PARCEL C:
A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS FOR ROAD AND/OR UTILITY
PURPOSES BEING A 30 FOOT STRIP OF LAND RUNNING IN A NORTHWESTERLY
DIRECTION FROM THE EXISTING COUNTY ROAD, CALLED CAMERON CANYON COUNTY
ROAD, AND RUNNING ACROSS THE SOUTHEAST QUARTER OF SAID SECTION 3 TO THE
EASTERLY BOUNDARY OF THE SOUTHWEST QUARTER OF SECTION 3.
SECTIONS 4 AND 5, T- -N, R-14-W, SBBM
C-2
EXHIBIT D
LEGAL DESCRIPTION OF PROJECT AREA
PARCEL I:
THE WEST HALF OF LOT 2 IN THE NORTHWEST QUARTER (BEING THE NORTHWEST QUARTER OF
THE NORTHWEST QUARTER) OF FRACTIONAL SECTION 3, TOWNSHIP 11 NORTH, RANGE 14
WEST, SAN BERNARDINO MERIDIAN, IN THE UNINCORPORATED AREA OF THE COUNTY OF XXXX,
STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.
EXCEPT A PARCEL OF LAND HAVING A LENGTH AND WIDTH OF 50 FEET LYING IN TOWNSHIP
11 NORTH, RANGE 14 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF XXXX, STATE
OF CALIFORNIA, SAID PARCEL BEING NEAR THE COMMON BOUNDARY LINE BETWEEN THE
NORTHWEST QUARTER OF SECTION 3, AND THE NORTHEAST QUARTER OF SECTION 4, IN SAID
TOWNSHIP AND RANGE, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 3-INCH REDWOOD POST SET AT THE CORNER COMMON TO SECTIONS 3, 4, 9
AND 10, IN TOWNSHIP 11 NORTH, RANGE 14 WEST, SAN BERNARDINO MERIDIAN, SAID
CORNER BEARS SOUTH 46[DEG.] 01' 33" EAST, 3791.20 FEET, FROM THE CENTER OF AN
EXISTING "H" FRAME (POLES NUMBERED 352885-E AND 352886-E) IN THE CENTER LINE OF
THAT CERTAIN ELECTRIC TRANSMISSION LINE OF THE SOUTHERN CALIFORNIA EDISON
COMPANY, KNOWN AS ITS "BOREL-SAUGUS 66 KV TRANSMISSION LINE" SAID EXISTING "H"
FRAME BEING NORTH 17[DEG.] 58' 24" WEST, 202.94 FEET, MEASURED ALONG THE
CENTER LINE OF SAID ELECTRIC TRANSMISSION LINE, FROM AN EXISTING "H" FRAME
(POLES NUMBERED 373074-E AND 373075-E); THENCE FROM SAID REDWOOD POST NORTH
00[DEG.] 56' 51" EAST, 4544.02 FEET TO THE TRUE POINT OF BEGINNING OF THIS
DESCRIPTION; THENCE NORTH 59[DEG.] 04' 25" WEST, 50.00 FEET; THENCE NORTH
30[DEG.] 55' 35" EAST, 50.00 FEET; THENCE SOUTH 59[DEG.] 04' 25" EAST, 50.00
FEET; THENCE SOUTH 30[DEG.] 55' 35" WEST, 50.00 FEET; TO THE TRUE POINT OF
BEGINNING, AS GRANTED TO THE SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION,
IN A DEED RECORDED DECEMBER 9, 1959 IN BOOK 3219 PAGE 109, OF OFFICIAL RECORDS.
ALSO EXCEPT -
(1) THE FOLLOWING IMPROVEMENTS ATTACHED TO OR ASSOCIATED WITH THE TEN (10)
VESTAS MODEL V17 WIND TURBINE GENERATORS PURCHASED BY HELZEL AND XXXXXXXXXXX, A
CALIFORNIA GENERAL PARTNERSHIP, FROM ZOND SYSTEMS, INC., A CALIFORNIA
CORPORATION, ON DECEMBER 20, 1988; ELECTRICAL GENERATING EQUIPMENT, THE
D-1
FOUNDATIONS, FOUNDATION BOLTS, ELECTRICAL POWER METERS, 480 VOLT POWER TRANSFER
LINES AND 12KV TRANSFORMERS LOCATED ON PORTIONS OF SAID LAND.
(2) AN UNDIVIDED 2.58% INTEREST IN THE 12KV POWER TRANSFER LINES, DISCONNECT
SWITCHES AND SWITCHING VAULTS KNOWN AS MONOLITH MAIN FEEDER LINE 4 AND AN
UNDIVIDED 10.32% INTEREST IN THE I2KV POWER TRANSFER LINE, DISCONNECT SWITCHES
AND SWITCHING VAULTS KNOWN AS MONOLITH MAIN FEEDER LINE 5. BOTH FEEDER LINES ARE
LOCATED ON SAID LAND, AS CONVEYED TO HELZEL AND XXXXXXXXXXX, A CALIFORNIA
GENERAL PARTNERSHIP BY DEED OF IMPROVEMENTS RECORDED DECEMBER 30, 1988 IN BOOK
6195 PAGE 2290, OF OFFICIAL RECORDS.
ALSO EXCEPT -
(1) THE FOLLOWING IMPROVEMENTS ATTACHED TO OR ASSOCIATED WITH THE TEN (10)
VESTAS MODEL V17 WIND TURBINE GENERATORS PURCHASED BY HELZEL AND XXXXXXXXXXX, A
CALIFORNIA GENERAL PARTNERSHIP, FROM ZOND SYSTEMS, INC., A CALIFORNIA
CORPORATION, ON APRIL 13, 1989; ELECTRICAL GENERATING EQUIPMENT, THE
FOUNDATIONS, FOUNDATION BOLTS, ELECTRICAL POWER METERS, 480 VOLT POWER TRANSFER
LINES AND 12KV TRANSFORMERS LOCATED ON PORTIONS OF SAID LAND.
(2) AN UNDIVIDED 5.16% INTEREST IN THE 12KV POWER TRANSFER LINES, DISCONNECT
SWITCHES AND SWITCHING VAULTS KNOWN AS MONOLITH MAIN FEEDER LINE 4 AND AN
UNDIVIDED 7.74% INTEREST IN THE 12KV POWER TRANSFER LINE, DISCONNECT SWITCHES
AND SWITCHING VAULTS KNOWN AS MONOLITH MAIN FEEDER LINE 5. BOTH FEEDER LINES ARE
LOCATED ON PORTIONS OF SAID LAND, AS CONVEYED TO HELZEL AND XXXXXXXXXXX, A
CALIFORNIA GENERAL PARTNERSHIP BY DEED OF IMPROVEMENTS RECORDED APRIL 13, 1989
IN BOOK 6228 PAGE 1125, OF OFFICIAL RECORDS.
PARCEL 2:
THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 12 NORTH, RANGE
14 WEST, SAN BERNARDINO MERIDIAN, IN THE UNINCORPORATED AREA OF THE COUNTY OF
XXXX, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.
EXCEPT -
(1) THE FOLLOWING IMPROVEMENTS ATTACHED TO OR ASSOCIATED WITH THE TEN (10)
VESTAS MODEL V17 WIND TURBINE GENERATORS PURCHASED BY HELZEL AND XXXXXXXXXXX, A
CALIFORNIA GENERAL PARTNERSHIP, FROM ZOND SYSTEMS, INC., A CALIFORNIA
CORPORATION,
D-2
ON DECEMBER 20, 1988; ELECTRICAL GENERATING EQUIPMENT, THE FOUNDATIONS,
FOUNDATION BOLTS, ELECTRICAL POWER METERS, 480 VOLT POWER TRANSFER LINES AND
12KV TRANSFORMERS LOCATED ON PORTIONS OF SAID LAND, AND THE 12KV TRANSMISSION
LINE AND DISCONNECT SWITCH LOCATED ON SAID LAND AS CONVEYED BY DEED OF
IMPROVEMENTS RECORDED DECEMBER 30, 1988 IN BOOK 6195 PAGE 2290, OF OFFICIAL
RECORDS.
ALSO EXCEPT AN UNDIVIDED SIX AND 43/100 PERCENT (6.43%) INTEREST IN EACH
COMPONENT OF THE 12KV POWER TRANSFER LINE, DISTRIBUTION SWITCH, PADMOUNTED
TRANSFORMER, CIRCUIT BREAKER AND CABLE KNOWN AS MONOLITH MAIN FEEDER LINE 6
LOCATED ON SAID LAND AS CONVEYED TO VICTORY GARDEN PHASE IV PARTNERSHIP, A
CALIFORNIA GENERAL PARTNERSHIP, BY DEED OF IMPROVEMENTS RECORDED SEPTEMBER 5,
1989 IN BOOK 6286 PAGE 2200, OF OFFICIAL RECORDS.
ALSO EXCEPT ALL THE COAL AND OTHER MINERALS IN THE LANDS SO ENTERED AND PATENTED
TOGETHER WITH THE RIGHT TO PROSPECT FOR, MINE AND REMOVE THE SAME PURSUANT TO
THE PROVISIONS AND LIMITATIONS OF THE ACT OF DECEMBER 29, 1916 (39 STAT. 862) AS
RESERVED IN PATENT RECORDED DECEMBER 17, 1921 IN BOOK 21 PAGE 35 OF PATENTS.
ALSO EXCEPT 1/2 INTEREST IN AND TO ALL OIL, GAS, ASPHALTUM AND OTHER HYDROCARBON
SUBSTANCES WITHIN OR UNDERLYING SAID REAL PROPERTY ABOVE DESCRIBED, AS RESERVED
BY PACIFIC STATES SAVINGS AND LOAN COMPANY, A CORPORATION, IN DEED RECORDED
MAY 3, 1948 IN BOOK 1479 PAGE 490, OF OFFICIAL RECORDS.
PARCEL 3:
THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 12 NORTH, RANGE
14 WEST, SAN BERNARDINO MERIDIAN, IN THE UNINCORPORATED AREA OF THE COUNTY OF
XXXX, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL FLAT THEREOF.
EXCEPT ALL THE COAL AND OTHER MINERALS IN THE LANDS SO ENTERED AND PATENTED,
TOGETHER WITH THE RIGHT TO PROSPECT FOR, MINE AND REMOVE THE SAME PURSUANT TO
THE PROVISIONS AND LIMITATIONS OF THE ACT OF DECEMBER 29, 1916 (39 STAT. 862) AS
RESERVED IN PATENT RECORDED DECEMBER 17, 1921 IN BOOK 21 PAGE 35 OF PATENTS.
ALSO EXCEPT 1/2 INTEREST IN AND TO ALL OIL, GAS, ASPHALTUM AND OTHER HYDROCARBON
SUBSTANCES WITHIN OR UNDERLYING SAID REAL PROPERTY ABOVE DESCRIBED, AS RESERVED
BY PACIFIC STATES
D-3
SAVINGS AND LOAN COMPANY, A CORPORATION, IN DEED RECORDED MAY 3, 1948 IN BOOK
1479 PAGE 490, OF OFFICIAL RECORDS.
PARCEL 4:
THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 12 NORTH, RANGE
14 WEST, SAN BERNARDINO MERIDIAN, IN THE UNINCORPORATED AREA OF THE COUNTY OF
XXXX, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.
EXCEPT AN UNDIVIDED 2.58% INTEREST IN THE 12KV POWER TRANSFER LINES, DISCONNECT
SWITCHES AND SWITCHING VAULTS KNOWN AS MONOLITH MAIN FEEDER LINE 4 AND AN
UNDIVIDED 10.32% INTEREST IN THE 12KV POWER TRANSFER LINE, DISCONNECT SWITCHES
AND SWITCHING VAULTS KNOWN AS MONOLITH MAIN FEEDER LINE 5. BOTH FEEDER LINES ARE
LOCATED ON SAID LAND, AS CONVEYED TO HELZEL AND XXXXXXXXXXX, A CALIFORNIA
GENERAL PARTNERSHIP BY DEED OF IMPROVEMENTS RECORDED DECEMBER 30, 1988 IN BOOK
6195 PAGE 2290, OF OFFICIAL RECORDS.
ALSO EXCEPT AN UNDIVIDED 5.16% INTEREST IN THE 12KV POWER TRANSFER LINES,
DISCONNECT SWITCHES AND SWITCHING VAULTS KNOWN AS MONOLITH MAIN FEEDER LINE 4
AND AN UNDIVIDED 7.74% INTEREST IN THE 12KV POWER TRANSFER LINE, DISCONNECT
SWITCHES AND SWITCHING VAULTS KNOWN AS MONOLITH MAIN FEEDER LINE 5. BOTH FEEDER
LINES ARE LOCATED ON PORTIONS OF SAID LAND, AS CONVEYED TO HELZEL AND
XXXXXXXXXXX, A CALIFORNIA GENERAL PARTNERSHIP BY DEED OF IMPROVEMENTS RECORDED
APRIL 13, 1989 IN BOOK 6228 PAGE 1125, OF OFFICIAL RECORDS.
ALSO EXCEPT AN UNDIVIDED SIX AND 43/100 PERCENT (6.43%) INTEREST IN EACH
COMPONENT OF THE 12KV POWER TRANSFER LINE, DISTRIBUTION SWITCH, PADMOUNTED
TRANSFORMER, CIRCUIT BREAKER AND CABLE KNOWN AS MONOLITH MAIN FEEDER LINE 6
LOCATED ON SAID LAND AS CONVEYED TO VICTORY GARDEN PHASE IV PARTNERSHIP, A
CALIFORNIA GENERAL PARTNERSHIP, BY DEED OF IMPROVEMENTS RECORDED SEPTEMBER 5,
1989 IN BOOK 6286 PAGE 2200, OF OFFICIAL RECORDS.
ALSO EXCEPT ALL THE COAL AND OTHER MINERALS IN THE LANDS SO ENTERED AND
PATENTED, TOGETHER WITH THE RIGHT TO PROSPECT FOR, MINE AND REMOVE THE SAME
PURSUANT TO THE PROVISIONS AND LIMITATIONS OF THE ACT OF DECEMBER 29, 1916 (39
STAT. 862) AS RESERVED IN PATENT RECORDED DECEMBER 17, 1921 IN BOOK 21 PAGE 35
OF PATENTS.
ALSO EXCEPT 1/2 INTEREST IN AND TO ALL OIL, GAS, ASPHALTUM AND OTHER HYDROCARBON
SUBSTANCES WITHIN OR UNDERLYING SAID REAL
D-4
PROPERTY ABOVE DESCRIBED, AS RESERVED BY PACIFIC STATES SAVINGS AND LOAN
COMPANY, A CORPORATION, IN DEED RECORDED MAY 3, 1948 IN BOOK 1479 PAGE 490, OF
OFFICIAL RECORDS.
PARCEL 5:
THE EAST HALF OF LOT 2 IN THE NORTHEAST QUARTER (BEING THE NORTHEAST QUARTER OF
THE NORTHEAST QUARTER) OF FRACTIONAL SECTION 4, TOWNSHIP 11 NORTH, RANGE 14
WEST, SAN BERNARDINO MERIDIAN, IN THE UNINCORPORATED AREA OF THE COUNTY OF XXXX,
STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.
EXCEPT A PARCEL OF LAND HAVING A LENGTH AND WIDTH OF 50 FEET LYING IN TOWNSHIP
11 NORTH, RANGE 14 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF XXXX, STATE
OF CALIFORNIA, SAID PARCEL BEING NEAR THE COMMON BOUNDARY LINE BETWEEN THE
NORTHWEST QUARTER OF SECTION 3, AND THE NORTHEAST QUARTER OF SECTION 4, IN SAID
TOWNSHIP AND RANGE, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 3-INCH BY 3-INCH REDWOOD POST SET AT THE CORNER COMMON TO
SECTIONS 3, 4, 9 AND 10, IN TOWNSHIP 11 NORTH, RANGE 14 WEST, SAN BERNARDINO
MERIDIAN, SAID CORNER BEARS SOUTH 46[DEG.] 01' 33" EAST, 3791.20 FEET, FROM
THE CENTER OF AN EXISTING "H" FRAME (POLES NUMBERED 352885-E AND 352886-E) IN
THE CENTER LINE OF THAT CERTAIN ELECTRIC TRANSMISSION LINE OF THE SOUTHERN
CALIFORNIA EDISON COMPANY, KNOWN AS ITS "BOREL-SAUGUS 66 KV TRANSMISSION LINE"
SAID EXISTING "H" FRAME BEING NORTH 17[DEG.] 58' 24" WEST, 202.94 FEET,
MEASURED ALONG THE CENTER LINE OF SAID ELECTRIC TRANSMISSION LINE, FROM AN
EXISTING "H" FRAME (POLES NUMBERED 373074-E AND 373075-E); THENCE FROM SAID
REDWOOD POST NORTH 00[DEG.] 56' 51" EAST, 4544.02 FEET TO THE TRUE POINT OF
BEGINNING OF THIS DESCRIPTION; THENCE NORTH 59[DEG.] 04' 25" WEST, 50.00 FEET;
THENCE NORTH 30[DEG.] 55' 35" EAST, 50.00 FEET; THENCE SOUTH 59[DEG.] 04'
25" EAST, 50.00 FEET; THENCE SOUTH 30[DEG.] 55' 35" WEST, 50.00 FEET; TO THE
TRUE POINT OF BEGINNING, AS GRANTED TO THE SOUTHERN CALIFORNIA EDISON COMPANY, A
CORPORATION, IN A DEED RECORDED DECEMBER 9, 1959 IN BOOK 3219 PAGE 109, OF
OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM ANY AND ALL IMPROVEMENTS ASSOCIATED WITH THE 27 VESTAS
MODEL V-17 WIND TURBINE GENERATORS PURCHASED BY HELZEL AND XXXXXXXXXXX, FROM
ZOND SYSTEMS, INC., ON DECEMBER 31, 1986; INCLUDING WITHOUT LIMITATION,
ELECTRICAL GENERATING EQUIPMENT, FOUNDATIONS, POWER TRANSFER LINES, METERS AND
TRANSFORMERS LOCATED ON SAID LAND, AND THE 12KV TRANSMISSION LINE FROM SAID LAND
THROUGH OTHER PROPERTY AS CONVEYED TO HELZEL AND XXXXXXXXXXX, A CALIFORNIA
GENERAL
D-5
PARTNERSHIP, BY DEED OF IMPROVEMENTS RECORDED JULY 20, 1987 IN BOOK 6028 PAGE
866, OF OFFICIAL RECORDS.
ALSO EXCEPT AN UNDIVIDED 2.58% INTEREST IN THE 12KV POWER TRANSFER LINES,
DISCONNECT SWITCHES AND SWITCHING VAULTS KNOWN AS MONOLITH MAIN FEEDER LINE 4
AND AN UNDIVIDED 10.32% INTEREST IN THE 12KV POWER TRANSFER LINE, DISCONNECT
SWITCHES AND SWITCHING VAULTS KNOWN AS MONOLITH MAIN FEEDER LINE 5. BOTH FEEDER
LINES ARE LOCATED ON SAID LAND, AS CONVEYED TO HELZEL AND XXXXXXXXXXX, A
CALIFORNIA GENERAL PARTNERSHIP BY DEED OF IMPROVEMENTS RECORDED DECEMBER 30,
1988 IN BOOK 6195 PAGE 2290, OF OFFICIAL RECORDS.
ALSO EXCEPT AN UNDIVIDED 5.16% INTEREST IN THE 12KV POWER TRANSFER LINES,
DISCONNECT SWITCHES AND SWITCHING VAULTS KNOWN AS MONOLITH MAIN FEEDER LINE 4
AND AN UNDIVIDED 7.74% INTEREST IN THE 12KV POWER TRANSFER LINE, DISCONNECT
SWITCHES AND SWITCHING VAULTS KNOWN AS MONOLITH MAIN FEEDER LINE 5. BOTH FEEDER
LINES ARE LOCATED ON PORTIONS OF SAID LAND, AS CONVEYED TO HELZEL AND
XXXXXXXXXXX, A CALIFORNIA GENERAL PARTNERSHIP BY DEED OF IMPROVEMENTS RECORDED
APRIL 13, 1989 IN BOOK 6228 PAGE 1125, OF OFFICIAL RECORDS.
ALSO EXCEPT ALL THE COAL AND OTHER MINERALS IN THE LANDS SO ENTERED AND
PATENTED, TOGETHER WITH THE RIGHT TO PROSPECT FOR, MINE AND REMOVE THE SAME
PURSUANT TO THE PROVISIONS AND LIMITATIONS OF THE ACT OF DECEMBER 29, 1916 (39
STAT. 862) AS RESERVED IN PATENT RECORDED DECEMBER 17, 1921 IN BOOK 21 PAGE 35
OF PATENTS.
ALSO EXCEPT 1/2 INTEREST IN AND TO ALL OIL, GAS, ASPHALTUM AND OTHER HYDROCARBON
SUBSTANCES WITHIN OR UNDERLYING SAID REAL PROPERTY ABOVE DESCRIBED, AS RESERVED
BY PACIFIC STATES SAVINGS AND LOAN COMPANY, A CORPORATION, IN DEED RECORDED
MAY 3, 1948 IN BOOK 1479 PAGE 490, OF OFFICIAL RECORDS.
PARCEL 6:
THE WEST HALF OF LOT I IN THE NORTHEAST QUARTER (BEING THE SOUTHWEST QUARTER OF
THE NORTHEAST QUARTER) OF SECTION 4, TOWNSHIP 11 NORTH, RANGE 14 WEST, SAN
BERNARDINO MERIDIAN, IN THE UNINCORPORATED AREA OF THE COUNTY OF XXXX, STATE OF
CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.
EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN THAT PORTION OF SECTION 4
DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH BEARS NORTH 37[DEG.] 34' 25"
WEST, A DISTANCE OF 3298.49 FEET FROM
D-6
THE SOUTHEAST CORNER OF SAID SECTION 4, AND RUNNING THENCE SOUTH 39[DEG.] 41'
00" WEST, A DISTANCE OF 300 FEET; THENCE NORTH 50[DEG.] 19' 00" WEST, A
DISTANCE OF 300 FEET; THENCE NORTH 39[DEG.] 41' 00" EAST, A DISTANCE OF 300
FEET; THENCE SOUTH 50[DEG.] 19' 00" EAST A DISTANCE OF 300 FEET TO THE POINT
OF BEGINNING, AS GRANTED TO THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY, A
CORPORATION, IN A DEED RECORDED AUGUST 26, 1958 IN BOOK 2998 PAGE 115, OF
OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THE 12KV TRANSMISSION LINE FROM OTHER PROPERTY THROUGH
SAID LAND PURCHASED BY HELZEL AND XXXXXXXXXXX FROM ZOND ON DECEMBER 31, 1986, AS
CONVEYED TO HELZEL AND XXXXXXXXXXX, A CALIFORNIA GENERAL PARTNERSHIP, BY DEED OF
IMPROVEMENTS, RECORDED JULY 20, 1987 IN BOOK 6028 PAGE 866, OF OFFICIAL RECORDS.
ALSO EXCEPT -
(1) THE FOLLOWING IMPROVEMENTS ATTACHED TO OR ASSOCIATED WITH THE TEN (10)
VESTAS MODEL V17 WIND TURBINE GENERATORS PURCHASED BY HELZEL AND XXXXXXXXXXX, A
CALIFORNIA GENERAL PARTNERSHIP, FROM ZOND SYSTEMS, INC., A CALIFORNIA
CORPORATION, ON DECEMBER 20, 1988; ELECTRICAL GENERATING EQUIPMENT, THE
FOUNDATIONS, FOUNDATION BOLTS, ELECTRICAL POWER METERS, 480 VOLT POWER TRANSFER
LINES AND 12KV TRANSFORMERS LOCATED ON PORTIONS OF SAID LAND.
(2) AN UNDIVIDED 2.58% INTEREST IN THE 12KV POWER TRANSFER LINES, DISCONNECT
SWITCHES AND SWITCHING VAULTS KNOWN AS MONOLITH MAIN FEEDER LINE 4 AND AN
UNDIVIDED 10.32% INTEREST IN THE 12KV POWER TRANSFER LINE, DISCONNECT SWITCHES
AND SWITCHING VAULTS KNOWN AS MONOLITH MAIN FEEDER LINE 5. BOTH FEEDER LINES ARE
LOCATED ON SAID LAND, AS CONVEYED TO HELZEL AND XXXXXXXXXXX, A CALIFORNIA
GENERAL PARTNERSHIP BY DEED OF IMPROVEMENTS RECORDED DECEMBER 30, 1988 IN BOOK
6195 PAGE 2290, OF OFFICIAL RECORDS.
ALSO EXCEPT -
(1) THE FOLLOWING IMPROVEMENTS ATTACHED TO OR ASSOCIATED WITH THE TEN (10)
VESTAS MODEL V17 WIND TURBINE GENERATORS PURCHASED BY HELZEL AND XXXXXXXXXXX, A
CALIFORNIA GENERAL PARTNERSHIP, FROM ZOND SYSTEMS, INC., A CALIFORNIA
CORPORATION, ON APRIL 13, 1989; ELECTRICAL GENERATING EQUIPMENT, THE
FOUNDATIONS, FOUNDATION BOLTS, ELECTRICAL POWER METERS, 480 VOLT POWER TRANSFER
LINES AND 12KV TRANSFORMERS LOCATED ON PORTIONS OF SAID LAND.
D-7
(2) AN UNDIVIDED 5.16% INTEREST IN THE 12KV POWER TRANSFER LINES, DISCONNECT
SWITCHES AND SWITCHING VAULTS KNOWN AS MONOLITH MAIN FEEDER LINE 4 AND AN
UNDIVIDED 7.74% INTEREST IN THE 12KV POWER TRANSFER LINE, DISCONNECT SWITCHES
AND SWITCHING VAULTS KNOWN AS MONOLITH MAIN FEEDER LINE 5. BOTH FEEDER LINES ARE
LOCATED ON PORTIONS OF SAID LAND, AS CONVEYED TO HELZEL AND XXXXXXXXXXX, A
CALIFORNIA GENERAL PARTNERSHIP BY DEED OF IMPROVEMENTS RECORDED APRIL 13, 1989
IN BOOK 6228 PAGE 1125, OF OFFICIAL RECORDS.
ALSO EXCEPT 1/2 INTEREST IN AND TO ALL OIL, GAS, ASPHALTUM AND OTHER HYDROCARBON
SUBSTANCES WITHIN OR UNDERLYING SAID REAL PROPERTY ABOVE DESCRIBED, AS RESERVED
BY PACIFIC STATES SAVINGS AND LOAN COMPANY, A CORPORATION, IN DEED RECORDED
MAY 3, 1948 IN BOOK 1479 PAGE 490, OF OFFICIAL RECORDS.
PARCEL 7:
THE WEST HALF OF LOT 1 OF THE NORTHEAST QUARTER OF FRACTIONAL SECTION 34,
TOWNSHIP 12 NORTH, RANGE 14 WEST, SAN BERNARDINO MERIDIAN, IN THE UNINCORPORATED
AREA OF THE COUNTY OF XXXX, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF.
EXCEPT AN UNDIVIDED NINE AND 64/100 PERCENT (9.64%) INTEREST IN EACH COMPONENT
OF THE 12KV POWER TRANSFER LINE, DISTRIBUTION SWITCH, PADMOUNTED TRANSFORMER,
CIRCUIT BREAKER AND CABLE KNOWN AS MONOLITH MAIN FEEDER LINE 7 LOCATED ON SAID
LAND AS CONVEYED TO VICTORY GARDEN PHASE IV PARTNERSHIP, A CALIFORNIA GENERAL
PARTNERSHIP, BY DEED OF IMPROVEMENTS RECORDED SEPTEMBER 5, 1989 N BOOK 6286 PAGE
2200, OF OFFICIAL RECORDS.
ALSO EXCEPT ALL THE COAL AND OTHER MINERALS IN SAID LAND TOGETHER WITH THE RIGHT
TO PROSPECT FOR, MINE AND REMOVE THE SAME PURSUANT TO THE PROVISIONS AND
LIMITATIONS OF THE ACT OF DECEMBER 16, 1916 (39 STAT. 862) AS RESERVED IN PATENT
FROM THE UNITED STATES OF AMERICA RECORDED MAY 29, 1928 IN BOOK 246 PAGE 288 OF
PATENTS.
ALSO EXCEPT AN UNDIVIDED 1/2 INTEREST IN AND TO ALL OIL, GAS, AND OTHER
HYDROCARBON SUBSTANCES WITHIN OR UNDERLYING SAID LAND, AS RESERVED IN DEED
RECORDED JUNE 13, 1961 IN BOOK 3386 PAGE 736, OF OFFICIAL RECORDS.
PARCEL 8:
THE EAST HALF OF LOT 1 IN THE NORTHEAST QUARTER (BEING THE SOUTHEAST QUARTER OF
THE NORTHEAST QUARTER) OF FRACTIONAL SECTION 4, TOWNSHIP 11 NORTH, RANGE 14
WEST, SAN BERNARDINO
D-8
MERIDIAN, IN THE UNINCORPORATED AREA OF THE COUNTY OF XXXX, STATE OF CALIFORNIA,
ACCORDING TO THE OFFICIAL PLAT THEREOF.
EXCEPTING THEREFROM ANY AND ALL IMPROVEMENTS ASSOCIATED WITH THE 27 VESTAS MODEL
V-17 WIND TURBINE GENERATORS PURCHASED BY HELZEL AND XXXXXXXXXXX, FROM ZOND
SYSTEMS, INC., ON DECEMBER 31, 1986; INCLUDING WITHOUT LIMITATION, ELECTRICAL
GENERATING EQUIPMENT, FOUNDATIONS, POWER TRANSFER LINES, METERS AND TRANSFORMERS
LOCATED ON SAID LAND, AND THE 12KV TRANSMISSION LINE FROM SAID LAND THROUGH
OTHER PROPERTY AS CONVEYED TO HELZEL AND XXXXXXXXXXX, A CALIFORNIA GENERAL
PARTNERSHIP, BY DEED OF IMPROVEMENTS RECORDED JULY 20, 1987 IN BOOK 6028 PAGE
866, OF OFFICIAL RECORDS.
(1) AN UNDIVIDED 2.58% INTEREST IN THE 12KV POWER TRANSFER LINES, DISCONNECT
SWITCHES AND SWITCHING VAULTS KNOWN AS MONOLITH MAIN FEEDER LINE 4 AND AN
UNDIVIDED 10.32% INTEREST IN THE 12KV POWER TRANSFER LINE, DISCONNECT SWITCHES
AND SWITCHING VAULTS KNOWN AS MONOLITH MAIN FEEDER LINE 5. BOTH FEEDER LINES ARE
LOCATED ON SAID LAND, AS CONVEYED TO HELZEL AND XXXXXXXXXXX, A CALIFORNIA
GENERAL PARTNERSHIP BY DEED OF IMPROVEMENTS RECORDED DECEMBER 30, 1988 IN BOOK
6195 PAGE 2290, OF OFFICIAL RECORDS.
(2) AN UNDIVIDED 5.16% INTEREST IN THE 12KV POWER TRANSFER LINES, DISCONNECT
SWITCHES AND SWITCHING VAULTS KNOWN AS MONOLITH MAIN FEEDER LINE 4 AND AN
UNDIVIDED 7.74% INTEREST IN THE 12KV POWER TRANSFER LINE, DISCONNECT SWITCHES
AND SWITCHING VAULTS KNOWN AS MONOLITH MAIN FEEDER LINE 5. BOTH FEEDER LINES ARE
LOCATED ON PORTIONS OF SAID LAND, AS CONVEYED TO HELZEL AND XXXXXXXXXXX, A
CALIFORNIA GENERAL PARTNERSHIP BY DEED OF IMPROVEMENTS RECORDED APRIL 13, 1989
IN BOOK 6228 PAGE 1125, OF OFFICIAL RECORDS.
ALSO EXCEPT 1/2 INTEREST IN AND TO ALL OIL, GAS, ASPHALTUM AND OTHER HYDROCARBON
SUBSTANCES WITHIN OR UNDERLYING SAID REAL PROPERTY ABOVE DESCRIBED, AS RESERVED
BY PACIFIC STATES SAVINGS AND LOAN COMPANY, A CORPORATION, IN DEED RECORDED
MAY 3, 1948 IN BOOK 1479 PAGE 490, OF OFFICIAL RECORDS.
PARCEL 9: INTENTIONALLY DELETED
PARCEL 10:
THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 31, TOWNSHIP 32 SOUTH, RANGE 34
EAST, MOUNT DIABLO MERIDIAN, IN THE
D-9
UNINCORPORATED AREA OF THE COUNTY OF XXXX, STATE OF CALIFORNIA, ACCORDING TO THE
OFFICIAL PLAT THEREOF.
EXCEPT AN UNDIVIDED 1.84% INTEREST IN THE 66KV OVERHEAD TRANSMISSION LINE
LOCATED ON THE WEST HALF OF SAID SECTION AS CONVEYED TO HELZEL AND XXXXXXXXXXX,
A CALIFORNIA GENERAL PARTNERSHIP, BY DEED OF IMPROVEMENTS RECORDED DECEMBER 30,
1988 IN BOOK 6195 PAGE 2290, OF OFFICIAL RECORDS.
ALSO EXCEPT AN UNDIVIDED 1.84% INTEREST IN THE 66KV OVERHEAD TRANSMISSION LINE
LOCATED ON THE SOUTHWEST QUARTER OF SAID SECTION AS CONVEYED TO HELZEL AND
XXXXXXXXXXX, A CALIFORNIA GENERAL PARTNERSHIP, BY DEED OF IMPROVEMENTS RECORDED
APRIL 13, 1989 IN BOOK 6228 PAGE 1125, OF OFFICIAL RECORDS.
ALSO EXCEPT AN UNDIVIDED 45% INTEREST IN THE 66KV OVERHEAD TRANSMISSION LINE
LOCATED ON THE SOUTHWEST QUARTER OF SAID SECTION AS CONVEYED TO VICTORY GARDEN
PHASE IV PARTNERSHIP, BY DEED OF IMPROVEMENTS RECORDED SEPTEMBER 5, 1989 IN BOOK
6286 PAGE 2237, OF OFFICIAL RECORDS.
PARCEL 11: INTENTIONALLY OMITTED.
PARCEL 76:
THE WEST HALF OF LOT 2 IN THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 11 NORTH,
RANGE 14 WEST, SAN BERNARDINO MERIDIAN, IN THE UNINCORPORATED AREA OF THE COUNTY
OF XXXX, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.
EXCEPT ALL THE COAL AND OTHER MINERALS IN THE LANDS SO ENTERED AND PATENTED
TOGETHER WITH THE RIGHT TO PROSPECT FOR, MINE AND REMOVE THE SAME PURSUANT TO
THE PROVISIONS AND LIMITATIONS OF THE ACT OF DECEMBER 29, 1916 STAT. 862, AS
RESERVED IN THE PATENT RECORDED DECEMBER 17, 1921 IN BOOK 21 PAGE 35 OF PATENTS.
PARCEL 29:
ALL OF SECTION 33, TOWNSHIP 32 SOUTH, RANGE 34 EAST, MOUNT DIABLO MERIDIAN, IN
THE UNINCORPORATED AREA OF THE COUNTY OF XXXX, STATE OF CALIFORNIA, ACCORDING TO
THE OFFICIAL PLAT THEREOF.
EXCEPT THAT PORTION OF SAID SECTION 33, THAT IS INCLUDED WITHIN THE LAND
DESCRIBED AS PARCEL IF IN THE FINAL ORDER OF CONDEMNATION HAD IN XXXX COUNTY
SUPERIOR COURT, CASE NO. 101028, A CERTIFIED COPY THEREOF WAS RECORDED JULY 23,
1970 IN BOOK 4420 PAGE 123, OF OFFICIAL RECORDS.
D-10
ALSO EXCEPT ALL THAT PORTION WITHIN THE RIGHT OF WAY, 200 FEET WIDE OF THE
SOUTHERN PACIFIC RAILROAD COMPANY AS GRANTED BY ACT OF CONGRESS OF JULY 27,
1866.
PARCEL 32:
ALL THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 32 SOUTH,
RANGE 34 EAST, MOUNT DIABLO MERIDIAN, IN THE UNINCORPORATED AREA OF THE COUNTY
OF XXXX, STATE OF CALIFORNIA, AS PER THE OFFICIAL PLAT THEREOF ON FILE IN THE
OFFICE OF THE SURVEYOR GENERAL, LYING XXXXXXXXXXXXX XX XXXXXX XXXX XX. 000.
EXCEPT THAT PORTION LYING WITHIN THE 200 FOOT RIGHT OF WAY GRANTED TO THE
SOUTHERN PACIFIC RAILROAD COMPANY BY AN ACT OF CONGRESS APPROVED JULY 27, 1866
(14 U.S. STAT. AT LARGE 292, CHAP. 278).
ALSO EXCEPT THAT PORTION OF THE SOUTHEAST QUARTER OF SAID SECTION 34; WHICH IS
INCLUDED IN A TRIANGULAR STRIP OF LAND ON EACH SIDE OF THE LOCATED CENTER LINE
OF THE MOJAVE AND BAKERSFIELD RAILROAD COMPANY'S RAILROAD, AS THE SAME IS
LOCATED ACROSS THE LANDS OF XXXX X. XXXXXX IN THE SOUTHEAST QUARTER OF SECTION
34, SAID TRACT OF LAND COMPRISING ALL LAND LYING BETWEEN A LINE DRAWN PARALLEL
TO AND 75 FEET NORTHEASTERLY FROM SAID LOCATED CENTER LINE AND THE NORTHEASTERLY
BOUNDARY LINE OF THE PRESENT CONSTRUCTED SOUTHERN PACIFIC RAILROAD COMPANY
RAILROAD AND THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 34; SAID LOCATED
CENTER LINE BEING DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE LOCATED CENTER LINE OF MOJAVE AND BAKERSFIELD
RAILROAD COMPANY'S RAILROAD KNOWN AS ENGINEER'S STATION B-9 PLUS 78.0 AT A POINT
IN THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 34, DISTANT 1070.6 FEET,
MEASURED NORTHERLY ALONG SAID EAST LINE FROM THE SOUTHEAST CORNER OF SAID
SECTION 34; THENCE NORTH 44[DEG.] 51 1/4' WEST, 978 FEET TO A POINT ON SAID
CENTER LINE KNOWN AS ENGINEER'S STATION B-0 PLUS 00.0 AT A POINT IN THE
SOUTHEAST QUARTER OF SAID SECTION 34 THAT IS DISTANT 13 FEET, MEASURED AT RIGHT
ANGLES NORTHEASTERLY FROM A POINT ON SOUTHERN PACIFIC RAILROAD COMPANY'S PRESENT
CONSTRUCTED RAILROAD KNOWN AS ENGINEER'S STATION 14555 PLUS 7.50, CONVEYED TO
MOJAVE AND BAKERSFIELD RAILROAD COMPANY, BY DEED RECORDED MAY 11, 1914 IN BOOK
291 PAGE 187 OF DEEDS AND RE-RECORDED JUNE 13, 1914 IN BOOK 291 PAGE 421 OF
DEEDS.
D-11
ALSO EXCEPT THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SAID SECTION 34, DESCRIBED AS BEGINNING AT A POINT IN THE XXXXXXXXX XXXXXXX XX
XXX XXXXXXXXX XXXXXXX, 0000 FEET NORTH AND 233 FEET WEST FROM THE SOUTHEAST
CORNER OF SAID SECTION 34; THENCE SOUTH 12 FEET; THENCE WEST 12 FEET; THENCE
NORTH 12 FEET; THENCE EAST 12 FEET TO THE POINT OF BEGINNING, AS CONVEYED TO THE
SOUTHERN PACIFIC RAILROAD COMPANY, BY DEED RECORDED DECEMBER 28, 1900 IN BOOK
110 PAGE 264 OF DEEDS.
ALSO EXCEPT THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SAID SECTION 34, TOWNSHIP 32 SOUTH, RANGE 34 EAST, MOUNT DIABLO MERIDIAN,
DESCRIBED AS FOLLOWS:
BEGINNING AT INTERSECTION OF THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 34, WITH THE CENTER LINE OF THE DEPARTMENT OF
PUBLIC WORKS' SURVEY BETWEEN MONOLITH AND LA ROSE, ROAD VI-KER-58-G, SAID
INTERSECTION BEARS NORTH 0[DEG.] 59' 10" WEST, 1329.4 FEET FROM SOUTHEAST
CORNER OF SAID SECTION 34 AND BEING ENGINEER'S STATION 226 PLUS 95.13 OF SAID
SURVEY; THENCE EAST 27.11 FEET ALONG SAID NORTH LINE OF EAST LINE OF SAID
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34; THENCE SOUTH 0[DEG.]
11' WEST, 152.36 FEET ALONG SAID EACH LINE TO NORTHEASTERLY RIGHT OF WAY LINE OF
MOJAVE AND BAKERSFIELD RAILROAD COMPANY'S RAILROAD; THENCE NORTH 44[DEG.] 43'
WEST, 44.07 FEET ALONG SAID NORTHEASTERLY RIGHT OF WAY LINE; THENCE NORTH
4[DEG.] 52' WEST, 8.94 FEET; THENCE NORTH 18[DEG.] 15' 15" WEST, 118.06 FEET
TO THE SAID NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 34; THENCE EAST, 42.12 FEET ALONG SAID NORTH LINE TO POINT OF BEGINNING,
AS GRANTED TO THE STATE OF CALIFORNIA, IN DEED RECORDED AUGUST 1, 1936 IN BOOK
657 PAGE 10 OF OFFICIAL RECORDS AND IN BOOK 643 PAGE 472, OF OFFICIAL RECORDS.
ALSO EXCEPT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION 34, TOWNSHIP 32 SOUTH, RANGE 34 EAST, MOUNT DIABLO MERIDIAN, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF SAID NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 34, WITH THE CENTER LINE OF THE DEPARTMENT OF
PUBLIC WORKS' SURVEY BETWEEN MONOLITH AND LA ROSE, ROAD VI-KER-58-G, SAID
INTERSECTION BEARING SOUTH 19[DEG.] 12' WEST, 2821.9 FEET FROM THE NORTHEAST
CORNER OF SAID SECTION 34, AND BEING ENGINEER'S STATION 210 PLUS 81.60 OF SAID
SURVEY; THENCE NORTH 89[DEG.] 35' 30" EAST, 52.90 FEET ALONG SAID NORTH LINE;
THENCE SOUTH 41[DEG.] 17' EAST, 483.79 FEET; THENCE SOUTH 53[DEG.] 37' 15"
EAST, 364.51 FEET; THENCE SOUTH 14[DEG.] 50' EAST, 169.85 FEET; THENCE FROM A
TANGENT WHICH BEARS SOUTH 32[DEG.] 37' 29" EAST, ALONG A CURVE TO THE RIGHT
CONCENTRIC WITH AND
D-12
DISTANT 60 FEET EASTERLY, MEASURED RADIALLY FROM THE CENTER LINE OF SAID SURVEY,
WITH A RADIUS OF 1560 FEET THROUGH AN ANGLE OF 14[DEG.] 22' 29", A DISTANCE OF
391.38 FEET; THENCE SOUTH 18[DEG.] 15' EAST, 124.52 FEET TO THE EAST LINE OF
SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34; THENCE SOUTH
0[DEG.] 11' WEST, 108.32 FEET ALONG SAID EAST LINE TO THE SOUTH LINE OF SAID
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34; THENCE WEST 69.23 FEET
ALONG SAID SOUTH LINE; THENCE NORTH 18[DEG.] 15' WEST, 205.61 FEET; THENCE
ALONG A CURVE TO THE LEFT, CONCENTRIC WITH AND DISTANT 40 FEET WESTERLY MEASURED
RADIALLY FROM THE CENTER LINE OF SAID SURVEY, WITH A RADIUS OF 1460 FEET THROUGH
AN ANGLE OF 23[DEG.] 02', A DISTANCE OF 586.93 FEET; THENCE NORTH 41[DEG.]
17' WEST, 826.34 FEET TO THE SAID NORTH LINE OF THE NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 34; THENCE NORTH 89[DEG.] 35' 30" EAST, 52.90
FEET ALONG SAID NORTH LINE TO POINT OF BEGINNING, AS GRANTED TO THE STATE OF
CALIFORNIA, IN DEED RECORDED MARCH 4, 1939 IN BOOK 846 PAGE 202, OF OFFICIAL
RECORDS.
ALSO EXCEPT THAT PORTION OF THE SOUTHEAST QUARTER OF SAID SECTION 34, LYING
WITHIN THE FOLLOWING DESCRIBED LAND:
BEGINNING AT A POINT IN SAID EAST HALF OF SECTION 34 DISTANT SOUTH 45[DEG.]
23' 40" WEST, 2809.88 FEET FROM THE ROCK MOUND WITH HUB AT INTERSECTION OF FENCE
LINES MARKING THE NORTHEAST CORNER OF SAID SECTION 34; SAID POINT OF BEGINNING
IS ALSO DISTANT SOUTH 39[DEG.] 42' 01" WEST, 130.00 FEET FROM APPROXIMATE
ENGINEER'S STATION "G" 189+00.00, P.O.T., ON THE BASE LINE OF THE STATE
DEPARTMENT OF PUBLIC WORKS' SURVEY FOR STATE FREEWAY IN XXXX COUNTY BETWEEN POST
MILE 90.3 AND POST MILE 103.4, ROAD 9-KER-58; THENCE (1), FROM SAID POINT OF
BEGINNING NORTH 50[DEG.] 17' 59" WEST, 802.95 FEET TO A POINT ON THE WEST LINE
OF SAID EAST HALF OF SECTION 34; THENCE (2), ALONG SAID WEST LINE NORTH
0[DEG.] 19' 35" EAST, 311.89 FEET; THENCE (3) SOUTH 51[DEG.] O5' 44" EAST,
1000.90 FEET; THENCE (4), SOUTH 49[DEG.] 39' EAST, 622.20 FEET TO A POINT ON
THE SOUTHERLY RIGHT OF WAY LINE OF THE EXISTING STATE HIGHWAY, ROAD 9-KER-58;
THENCE (5) FROM A TANGENT BEARING SOUTH 30[DEG.] 54' 34" EAST, ALONG SAID
SOUTHERLY RIGHT OF WAY LINE A CURVE TO THE LEFT WITH A RADIUS OF 2040 FEET,
THROUGH AN ANGLE OF 10[DEG.] 14' 05", AN ARC DISTANCE OF 364.40 FEET; THENCE
CONTINUING ALONG SAID SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING FOUR COURSES:
(6), SOUTH 41[DEG.] 08' 39" EAST, 1070.70 FEET, (7), ALONG A TANGENT CURVE TO
THE RIGHT WITH A RADIUS OF 1460 FEET, THROUGH AN ANGLE OF 23[DEG.] 02' 00", AN
ARC DISTANCE OF 586.93 FEET, (8), SOUTH 18[DEG.] 06' 39" EAST, 323.67 FEET,
AND (9), SOUTH 4[DEG.] 43' 33" EAST, 5.15 FEET TO THE NORTHERLY LINE OF THAT
CERTAIN TRIANGULAR STRIP OF LAND CONVEYED TO MOJAVE AND BAKERSFIELD RAILROAD
COMPANY BY DEED RECORDED JUNE 13, 1914 IN BOOK 000 XX XXXXX XX XXXX 000, XXXXXXX
XX XXXX XXXXXX; THENCE (10), ALONG SAID NORTHERLY LINE,
D-13
NORTH 44[DEG.] 19' 13" WEST, 305.85 FEET; THENCE (11), NORTH 31[DEG.] 29'
21" WEST, 152.78 FEET; THENCE (12), NORTH 27[DEG.] 05' 59" WEST, 230.08 FEET;
THENCE (13), NORTH 19[DEG.] 58' 59" EAST, 22.67 FEET; THENCE (14), NORTH
28[DEG.] 35' 39" WEST, 25.00 FEET; THENCE (15) NORTH 45[DEG.] 46' 17" WEST,
57.57 FEET; THENCE (16), NORTH 26[DEG.] 37' 56" WEST, 273.18 FEET; THENCE
(17), FROM A TANGENT BEARING NORTH 30[DEG.] 00' 39" WEST, ALONG A CURVE TO THE
LEFT WITH A RADIUS OF 2120 FEET, THROUGH AN ANGLE OF 11[DEG.] 43' 10", AN ARC
DISTANCE OF 433.63 FEET; THENCE (18), SOUTH 48[DEG.] 16' 11" WEST, 30.00 FEET;
THENCE (19), NORTH 43[DEG.] 41' 01" WEST, 142.48 FEET; THENCE (20), NORTH
50[DEG.] 52' 50" WEST, 1290.92 FEET TO SAID POINT OF BEGINNING; AS GRANTED TO
THE STATE OF CALIFORNIA BY DEED RECORDED MAY 15, 1968 IN BOOK 4160 PAGE 906 OF
OFFICIAL RECORDS.
PARCEL 33
ALL THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 32 SOUTH,
RANGE 34 EAST, MOUNT DIABLO MERIDIAN, IN THE UNINCORPORATED AREA OF THE COUNTY
OF XXXX, STATE OF CALIFORNIA, AS PER THE OFFICIAL PLAT THEREOF ON FILE IN THE
OFFICE OF THE SURVEYOR GENERAL, LYING XXXXXXXXXXXXX XX XXXXXX XXXX XX. 000.
EXCEPT THAT PORTION LYING WITHIN THE 200 FOOT RIGHT OF WAY GRANTED TO THE
SOUTHERN PACIFIC RAILROAD COMPANY BY AN ACT OF CONGRESS APPROVED JULY 27, 1866
(14 U.S. STAT. AT LARGE 292, CHAP. 278).
ALSO EXCEPT THAT PORTION OF THE NORTHEAST QUARTER OF SAID SECTION 34, TOWNSHIP
32 SOUTH, RANGE 34 EAST, MOUNT DIABLO MERIDIAN, INCLUDED WITHIN A PARCEL OF LAND
DESCRIBED AS FOLLOWS:
BEGINNING AT INTERSECTION OF THE NORTH LINE OF SAID NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 34, WITH THE CENTER LINE OF THE DEPARTMENT OF
PUBLIC WORKS' SURVEY BETWEEN MONOLITH AND LA ROSE, ROAD VI-KER-58-G, SAID
INTERSECTION BEARS SOUTH 89[DEG.] 49' 30" WEST, 292.2 FEET FROM THE NORTH
QUARTER CORNER OF SAID SECTION 34 AND BRING ENGINEER'S STATION 177 PLUS 24.44 OF
SAID SURVEY; THENCE NORTH 89[DEG.] 49' 30" EAST, 61.86 FEET ALONG SAID NORTH
LINE; THENCE FROM A TANGENT WHICH BEARS SOUTH 49[DEG.] 09' 12" EAST, ALONG A
CURVE TO THE RIGHT, CONCENTRIC WITH AND DISTANT 40 FEET NORTHEASTERLY MEASURED
RADIALLY FROM THE CENTER LINE OF SAID SURVEY WITH A RADIUS OF 1840 THROUGH AN
ANGLE OF 0[DEG.] 22' 42", A DISTANCE OF 12.15 FEET; THENCE SOUTH 48[DEG.]
46' 30" EAST, 625.59 FEET; THENCE SOUTH 600 05' EAST, 50.99 FEET; THENCE SOUTH
48[DEG.] 46' 30" EAST, 300.00 FEET; THENCE SOUTH 37[DEG.] 01' EAST, 49.08
FEET; THENCE FROM
D-14
A TANGENT WHICH BEARS SOUTH 48[DEG.] 46' 30" EAST, ALONG A CURVE TO THE RIGHT
CONCENTRIC WITH AND DISTANT 40 FEET NORTHEASTERLY MEASURED RADIALLY FROM THE
CENTER LINE OF SAID SURVEY, WITH A RADIUS OF 1540 FEET, THROUGH AN ANGLE OF
33[DEG.] 19' 30", A DISTANCE OF 895.71 FEET; THENCE SOUTH 15[DEG.] 27' EAST,
230.38 FEET; THENCE ALONG A CURVE TO THE LEFT, CONCENTRIC WITH AND DISTANT 40
FEET NORTHEASTERLY, MEASURED RADIALLY, FROM THE CENTER LINE OF SAID SURVEY WITH
A RADIUS OF 1960 FEET, THROUGH AN ANGLE OF 8[DEG.] 34' 10", A DISTANCE OF
293.15 FEET; THENCE SOUTH 47[DEG.] 51' 30" EAST, 104.91 FEET; THENCE FROM A
TANGENT WHICH BEARS SOUTH 26[DEG.] 53' 04" EAST, ALONG A CURVE TO THE LEFT,
CONCENTRIC WITH AND DISTANT 80 FEET NORTHEASTERLY, MEASURED RADIALLY FROM THE
CENTER LINE OF SAID SURVEY, WITH A RADIUS OF 1920 FEET, THROUGH AN ANGLE OF
14[DEG.] 23' 56", A DISTANCE OF 482.51 FEET; THENCE SOUTH 41[DEG.] 17' EAST,
97.38 FEET; THENCE SOUTH 19[DEG.] 29' EAST, 107.07 FEET; THENCE SOUTH
41[DEG.] 17' EAST, 116.22 FEET TO THE SOUTH LINE OF SAID NORTHEAST QUARTER OF
SECTION 34; THENCE SOUTH 89[DEG.] 35' 30" WEST, 105.90 FEET ALONG SAID SOUTH
LINE; THENCE NORTH 41[DEG.] 17' WEST, 244.36 FEET; THENCE ALONG A CURVE TO THE
RIGHT, CONCENTRIC WITH AND DISTANT 40 FEET SOUTHWESTERLY MEASURED RADIALLY FROM
THE CENTER LINE OF SAID SURVEY, WITH A RADIUS OF 2040 FEET THROUGH AN ANGLE OF
25[DEG.] 50', A DISTANCE OF 919.79 FEET; THENCE NORTH 15[DEG.] 27' WEST,
230.38 FEET; THENCE ALONG A CURVE TO THE LEFT, CONCENTRIC WITH AID DISTANT 40
FEET SOUTHWESTERLY, MEASURED RADIALLY FROM THE CENTER LINE OF SAID SURVEY WITH A
RADIUS OF 1460 FEET, THROUGH AN ANGLE OF 33[DEG.] 19' 30", A DISTANCE OF
849.18 FEET; THENCE NORTH 48[DEG.] 46' 30" WEST, 1023.64 FEET; THENCE ALONG A
CURVE TO THE LEFT CONCENTRIC WITH AND DISTANT 40 FEET SOUTHWESTERLY MEASURED
RADIALLY FROM THE CENTER LINE OF SAID SURVEY, WITH A RADIUS OF 1760 FEET,
THROUGH AN ANGLE OF 3[DEG.] 28' 10", A DISTANCE OF 106.57 FEET TO THE SAID
NORTH LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34;
THENCE NORTH 89[DEG.] 49' 30" EAST, 63.93 FEET ALONG SAID NORTH LINE TO THE
POINT OF BEGINNING, AS GRANTED TO THE STATE OF CALIFORNIA, IN DEED RECORDED
AUGUST 1, 1936 IN BOOK 657 PAGE 10 OF OFFICIAL RECORDS AND IN BOOK 643 PAGE 472,
OF OFFICIAL RECORDS.
ALSO EXCEPT PORTION OF THE NORTHEAST QUARTER OF SAID SECTION 34, TOWNSHIP 32
SOUTH, RANGE 34 EAST, MOUNT DIABLO MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN SAID EAST HALF OF SECTION 34 DISTANT SOUTH 45[DEG.]
23' 40" WEST, 2809.88 FEET FROM THE ROCK MOUND WITH HUB AT INTERSECTION OF FENCE
LINES MARKING THE NORTHEAST CORNER OF SAID SECTION 34; SAID POINT OF BEGINNING
IS ALSO DISTANT SOUTH 39[DEG.] 42' 01" WEST, 130.00 FEET FROM APPROXIMATE
ENGINEER'S STATION "G" 189+00.00, P.O.T., ON THE BASE LINE OF THE STATE
DEPARTMENT OF PUBLIC WORKS' SURVEY FOR STATE FREEWAY IN XXXX COUNTY
X-00
XXXXXXX XXXX XXXX 00.0 AND POST MILE 103.4, ROAD 9-KER-58; THENCE (1), FROM SAID
POINT OF BEGINNING NORTH 50[DEG.] 17' 59" WEST, 802.95 FEET TO A POINT ON THE
WEST LINE OF SAID EAST HALF OF SECTION 34; THENCE (2), ALONG SAID WEST LINE
NORTH 0[DEG.] 19' 35" EAST, 311.89 FEET; THENCE (3) SOUTH 51[DEG.] 05' 44"
EAST, 1000.90 FEET; THENCE (4), SOUTH 49[DEG.] 39' EAST, 622.20 FEET TO A
POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF THE EXISTING STATE HIGHWAY, ROAD
9-KER-58; THENCE (5) FROM A TANGENT BEARING SOUTH 30[DEG.] 54' 34", EAST,
ALONG SAID SOUTHERLY RIGHT OF WAY LINE A CURVE TO THE LEFT WITH A RADIUS OF 2040
FEET, THROUGH AN ANGLE OF 10[DEG.] 14' 05", AN ARC DISTANCE OF 364.40 FEET;
THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING FOUR
COURSES: (6), SOUTH 41[DEG.] 08' 39" EAST, 1070.70 FEET, (7), ALONG A TANGENT
CURVE TO THE RIGHT WITH A RADIUS OF 1460 FEET, THROUGH AN ANGLE OF 23[DEG.]
02' 00", AN ARC DISTANCE OF 586.93 FEET, (8), SOUTH 18[DEG.] 06' 39" EAST,
323.67 FEET, AND (9), SOUTH 4[DEG.] 43' 33" EAST, 5.15 FEET TO THE NORTHERLY
LINE OF THAT CERTAIN TRIANGULAR STRIP OF LAND CONVEYED TO MOJAVE AND BAKERSFIELD
RAILROAD COMPANY BY DEED RECORDED JUNE 13, 1914 IN BOOK 000 XX XXXXX XX XXXX
000, XXXXXXX XX XXXX XXXXXX; THENCE (10), ALONG SAID NORTHERLY LINE, NORTH
44[DEG.] 19' 13" WEST, 305.85 FEET; THENCE (11), NORTH 31[DEG.] 29' 21"
WEST, 15238 FEET; THENCE (12), NORTH 27[DEG.] 05' 59" WEST, 230.08 FEET;
THENCE (13), NORTH 19[DEG.] 58' 59" EAST; 22.67 FEET; THENCE (14), NORTH
28[DEG.] 35' 39" WEST, 25.00 FEET; THENCE (15) NORTH 45[DEG.] 46' 17" WEST,
57.57 FEET; THENCE (16), NORTH 26[DEG.] 37' 56" WEST, 273.18 FEET; THENCE
(17), FROM A TANGENT BEARING NORTH 30[DEG.] 00' 39" WEST, ALONG A CURVE TO THE
LEFT WITH A RADIUS OF 2120 FEET, THROUGH AN ANGLE OF 11[DEG.] 43' 10", AN ARC
DISTANCE OF 433.63 FEET; THENCE (18), SOUTH 48[DEG.] 16' 11" WEST, 30.00 FEET;
THENCE (19), NORTH 43[DEG.] 41' 01" WEST, 142.48 FEET; THENCE (20), NORTH
50[DEG.] 52' 50" WEST, 1290.92 FEET TO SAID PONT OF BEGINNING; AS GRANTED TO
THE STATE OF CALIFORNIA BY DEED RECORDED MAY 15, 1968 IN BOOK 4160 PAGE 906 OF
OFFICIAL RECORDS.
PARCEL 34
ALL OF THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 32 SOUTH, RANGE 34 EAST,
MOUNT DIABLO MERIDIAN, IN THE UNINCORPORATED AREA OF THE COUNTY OF XXXX, STATE
OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.
EXCEPT AND RESERVE, HOWEVER, TO THE UNITED STATES, ALL THE COAL AND OTHER
MINERALS IN THY LANDS SO ENTERED AND PATENTED TOGETHER WITH THE RIGHT TO
PROSPECT FOR, MINE AND REMOVE THE SAME PURSUANT TO THE PROVISIONS AND
LIMITATIONS OF THE ACT OF DECEMBER 29, 1916 (39 ST. 862) AS EXCEPTED AND
RESERVED IN THE PATENT TO XXXXXXX XXXXX XXXXXXX RECORDED JANUARY 19, 1932 IN
BOOK 363 PAGE 468, OF OFFICIAL RECORDS.
D-16
PARCEL 52:
ALL OF SECTION 33, TOWNSHIP 32 SOUTH, RANGE 34 EAST, MOUNT DIABLO MERIDIAN, IN
THE UNINCORPORATED AREA OF THE COUNTY OF XXXX, STATE OF CALIFORNIA, ACCORDING TO
THE OFFICIAL PLAT THEREOF.
EXCEPT THAT PORTION OF SAID SECTION 33, THAT IS INCLUDED WITHIN THE LAND
DESCRIBED AS PARCEL IF IN THE FINAL ORDER OF CONDEMNATION HAD IN XXXX COUNTY
SUPERIOR COURT, CASE NO. 101028, A CERTIFIED COPY THEREOF WAS RECORDED JULY 23,
1970 IN BOOK 4420 PAGE 123, OF OFFICIAL RECORDS.
ALSO EXCEPT ALL THAT PORTION WITHIN THE RIGHT OF WAY, 200 FEET WIDE OF THE
SOUTHERN, PACIFIC RAILROAD COMPANY AS GRANTED BY ACT OF CONGRESS OF JULY 27,
1866.
PARCEL 55:
ALL THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 32 SOUTH,
RANGE 34 EAST, MOUNT DIABLO MERIDIAN, IN THE UNINCORPORATED AREA OF THE COUNTY
OF XXXX, STATE OF CALIFORNIA, AS PER THE OFFICIAL PLAT THEREOF ON FILE IN THE
OFFICE OF THE SURVEYOR GENERAL, LYING XXXXXXXXXXXXX XX XXXXXX XXXX XX. 000.
EXCEPT THAT PORTION LYING WITHIN THE 200 FOOT RIGHT OF WAY GRANTED TO THE
SOUTHERN PACIFIC RAILROAD COMPANY BY AN ACT OF CONGRESS APPROVED JULY 27, 1866
(14 U.S. STAT. AT LARGE 292, CHAP. 278).
ALSO EXCEPT THAT PORTION OF THE SOUTHEAST QUARTER OF SAID SECTION 34; WHICH IS
INCLUDED IN A TRIANGULAR STRIP OF LAND ON EACH SIDE OF THE LOCATED CENTER LINE
OF THE MOJAVE AND BAKERSFIELD RAILROAD COMPANY'S RAILROAD, AS THE SAME IS
LOCATED ACROSS THE LANDS OF XXXX X. XXXXXX IN THE SOUTHEAST QUARTER OF SECTION
34, SAID TRACT OF LAND COMPRISING ALL LAND LYING BETWEEN A LINE DRAWN PARALLEL
TO AND 75 FEET NORTHEASTERLY FROM SAID LOCATED CENTER LINE AND THE NORTHEASTERLY
BOUNDARY LINE OF THE PRESENT CONSTRUCTED SOUTHERN PACIFIC RAILROAD COMPANY
RAILROAD AND THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 34; SAID LOCATED
CENTER LINE BEING DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE LOCATED CENTER LINE OF MOJAVE AND BAKERSFIELD
RAILROAD COMPANY'S RAILROAD KNOWN AS ENGINEER'S STATION B-9 PLUS 78.0 AT A POINT
IN THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 34, DISTANT 1070.6 FEET,
MEASURED NORTHERLY ALONG SAID EAST LINE FROM THE SOUTHEAST CORNER OF SAID
SECTION 34;
D-17
THENCE NORTH 440 51 1/4' WEST, 978 FEET TO A POINT ON SAID CENTER LINE KNOWN AS
ENGINEER'S STATION B-0 PLUS 00.0 AT A POINT IN THE SOUTHEAST QUARTER OF SAID
SECTION 34 THAT IS DISTANT 13 FEET, MEASURED AT RIGHT ANGLES NORTHEASTERLY FROM
A POINT ON SOUTHERN PACIFIC RAILROAD COMPANY'S PRESENT CONSTRUCTED RAILROAD
KNOWN AS ENGINEER'S STATION 14555 PLUS 7.50, CONVEYED TO MOJAVE AND BAKERSFIELD
RAILROAD COMPANY, BY DEED RECORDED MAY 11, 1914 IN BOOK 291 PAGE 187 OF DEEDS
AND RE-RECORDED JUNE 13, 1914 IN BOOK 291 PAGE 421 OF DEEDS.
ALSO EXCEPT THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SAID SECTION 34, DESCRIBED AS BEGINNING AT A POINT IN THE XXXXXXXXX XXXXXXX XX
XXX XXXXXXXXX XXXXXXX, 0000 FEET NORTH AND 233 FEET WEST FROM THE SOUTHEAST
CORNER OF SAID SECTION 34; THENCE SOUTH 12 FEET; THENCE WEST 12 FEET; THENCE
NORTH 12 FEET; THENCE EAST 12 FEET TO THE POINT OF BEGINNING, AS CONVEYED TO THE
SOUTHERN PACIFIC RAILROAD COMPANY, BY DEED RECORDED DECEMBER 28, 1900 IN BOOK
110 PAGE 264 OF DEEDS.
ALSO EXCEPT THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SAID SECTION 34, TOWNSHIP 32 SOUTH, RANGE 34 EAST, MOUNT DIABLO MERIDIAN,
DESCRIBED AS FOLLOWS:
BEGINNING AT INTERSECTION OF THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 34, WITH THE CENTER LINE OF THE DEPARTMENT OF
PUBLIC WORKS' SURVEY BETWEEN MONOLITH AND LA ROSE, ROAD VI-KER-58-G, SAID
INTERSECTION BEARS NORTH 0[DEG.] 59' 10" WEST, 1329.4 FEET FROM SOUTHEAST
CORNER OF SAID SECTION 34 AND BEING ENGINEER'S STATION 226 PLUS 95.13 OF SAID
SURVEY; THENCE EAST 27.11 FEET ALONG SAID NORTH LINE OF EAST LINE OF SAID
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34; THENCE SOUTH 0[DEG.]
11' WEST, 152.36 FEET ALONG SAID EACH LINE TO NORTHEASTERLY RIGHT OF WAY LINE OF
MOJAVE AND BAKERSFIELD RAILROAD COMPANY'S RAILROAD; THENCE NORTH 44[DEG.] 43'
WEST, 44.07 FEET ALONG SAID NORTHEASTERLY RIGHT OF WAY LINE; THENCE NORTH
4[DEG.] 52' WEST, 8.94 FEET; THENCE NORTH 18[DEG.] 15' 15" WEST, 118.06 FEET
TO THE SAID NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 34; THENCE EAST, 42.12 FEET ALONG SAID NORTH LINE TO POINT OF BEGINNING,
AS GRANTED TO THE STATE OF CALIFORNIA, IN DEED RECORDED AUGUST 1, 1936 IN BOOK
657 PAGE 10 OF OFFICIAL RECORDS AND IN BOOK 643 PAGE 472, OF OFFICIAL RECORDS.
ALSO EXCEPT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION 34, TOWNSHIP 32 SOUTH, RANGE 34 EAST, MOUNT DIABLO MERIDIAN, DESCRIBED
AS FOLLOWS:
D-18
BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF SAID NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 34, WITH THE CENTER LINE OF THE DEPARTMENT OF
PUBLIC WORKS' SURVEY BETWEEN MONOLITH AND LA ROSE, ROAD VI-KER-58-G, SAID
INTERSECTION BEARING SOUTH 19[DEG.] 12' WEST, 2821.9 FEET FROM THE NORTHEAST
CORNER OF SAID SECTION 34, AND BEING ENGINEER'S STATION 210 PLUS 81.60 OF SAID
SURVEY; THENCE NORTH 89[DEG.] 35' 30" EAST, 52.90 FEET ALONG SAID NORTH LINE;
THENCE SOUTH 41[DEG.] 17' EAST, 483.79 FEET; THENCE SOUTH 53[DEG.] 37' 15"
EAST, 364.51 FEET; THENCE SOUTH 14[DEG.] 50' EAST, 169.85 FEET; THENCE FROM A
TANGENT WHICH BEARS SOUTH 32[DEG.] 37' 29" EAST, ALONG A CURVE TO THE RIGHT
CONCENTRIC WITH AND DISTANT 60 FEET EASTERLY, MEASURED RADIALLY FROM THE CENTER
LINE OF SAID SURVEY, WITH A RADIUS OF 1560 FEET THROUGH AN ANGLE OF 14[DEG.]
22' 29", A DISTANCE OF 391.38 FEET; THENCE SOUTH 18[DEG.] 15' EAST, 124.52
FEET TO THE EAST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 34; THENCE SOUTH 0[DEG.] 11' WEST, 108.32 FEET ALONG SAID EAST LINE TO
THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34;
THENCE WEST 69.23 FEET ALONG SAID SOUTH LINE; THENCE NORTH 18[DEG.] 15' WEST,
205.61 FEET; THENCE ALONG A CURVE TO THE LEFT, CONCENTRIC WITH AND DISTANT 40
FEET WESTERLY MEASURED RADIALLY FROM THE CENTER LINE OF SAID SURVEY, WITH A
RADIUS OF 1460 FEET THROUGH AN ANGLE OF 23[DEG.] 02', A DISTANCE OF 586.93
FEET; THENCE NORTH 41[DEG.] 17' WEST, 826.34 FEET TO THE SAID NORTH LINE OF
THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34; THENCE NORTH
89[DEG.] 35' 30" EAST, 52.90 FEET ALONG SAID NORTH LINE TO POINT OF BEGINNING,
AS GRANTED TO THE STATE OF CALIFORNIA, IN DEED RECORDED MARCH 4, 1939 IN BOOK
846 PAGE 202, OF OFFICIAL RECORDS.
ALSO EXCEPT THAT PORTION OF THE SOUTHEAST QUARTER OF SAID SECTION 34, LYING
WITHIN THE FOLLOWING DESCRIBED LAND:
BEGINNING AT A POINT IN SAID EAST HALF OF SECTION 34 DISTANT SOUTH 45[DEG.]
23' 40" WEST, 2809.88 FEET FROM THE ROCK MOUND WITH HUB AT INTERSECTION OF FENCE
LINES MARKING THE NORTHEAST CORNER OF SAID SECTION 34; SAID POINT OF BEGINNING
IS ALSO DISTANT SOUTH 39[DEG.] 42' 01" WEST, 130.00 FEET FROM APPROXIMATE
ENGINEER'S STATION "G" 189+00.00, P.O.T., ON THE BASE LINE OF THE STATE
DEPARTMENT OF PUBLIC WORKS' SURVEY FOR STATE FREEWAY IN XXXX COUNTY BETWEEN POST
MILE 90.3 AND POST MILE 103.4, ROAD 9-KER-58; THENCE (1), FROM SAID POINT OF
BEGINNING NORTH 50[DEG.] 17' 59" WEST, 802.95 FEET TO A POINT ON THE WEST LINE
OF SAID EAST HALF OF SECTION 34; THENCE (2), ALONG SAID WEST LINE NORTH
0[DEG.] 19' 35" EAST, 311.89 FEET; THENCE (3) SOUTH 51[DEG.] 05' 44" EAST,
1000.90 FEET; THENCE (4), SOUTH 49[DEG.] 39' EAST, 622.20 FEET TO A POINT ON
THE SOUTHERLY RIGHT OF WAY LINE OF THE EXISTING STATE HIGHWAY, ROAD 9-KER-58;
THENCE (5) FROM A TANGENT BEARING SOUTH 30[DEG.] 54' 34" EAST, ALONG SAID
SOUTHERLY
D-19
RIGHT OF WAY LINE A CURVE TO THE LEFT WITH A RADIUS OF 2040 FEET, THROUGH AN
ANGLE OF 10[DEG.] 14' 05", AN ARC DISTANCE OF 364.40 FEET; THENCE CONTINUING
ALONG SAID SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING FOUR COURSES: (6), SOUTH
41[DEG.] 08' 39" EAST, 1070.70 FEET, (7), ALONG A TANGENT CURVE TO THE RIGHT
WITH A RADIUS OF 1460 FEET, THROUGH AN ANGLE OF 23[DEG.] 02' 00", AN ARC
DISTANCE OF 586.93 FEET, (8), SOUTH 18[DEG.] 06' 39" EAST, 323.67 FEET, AND
(9), SOUTH 4[DEG.] 43' 33" EAST, 5.15 FEET TO THE NORTHERLY LINE OF THAT
CERTAIN TRIANGULAR STRIP OF LAND CONVEYED TO MOJAVE AND BAKERSFIELD RAILROAD
COMPANY BY DEED RECORDED JUNE 13, 1914 IN BOOK 000 XX XXXXX XX XXXX 000, XXXXXXX
XX XXXX XXXXXX; THENCE (10), ALONG SAID NORTHERLY LINE, NORTH 44[DEG.] 19' 13"
WEST, 305.85 FEET; THENCE (11), NORTH 31[DEG.] 29' 21" WEST, 152.78 FEET;
THENCE (12), NORTH 27[DEG.] 05' 59" WEST, 230.08 FEET; THENCE (13), NORTH
19[DEG.] 58' 59" EAST, 22.67 FEET; THENCE (14), NORTH 28[DEG.] 35' 39" WEST,
25.00 FEET; THENCE (15) NORTH 45[DEG.] 46' 17" WEST, 57.57 FEET; THENCE (16),
NORTH 26[DEG.] 37' 56" WEST, 273.18 FEET; THENCE (17), FROM A TANGENT BEARING
NORTH 30[DEG.] 00' 39" WEST, ALONG A CURVE TO THE LEFT WITH A RADIUS OF 2120
FEET, THROUGH AN ANGLE OF 11[DEG.] 43' 10", AN ARC DISTANCE OF 433.63 FEET;
THENCE (18), SOUTH 48[DEG.] 16' 11" WEST, 30.00 FEET; THENCE (19), NORTH
43[DEG.] 41' 01" WEST, 142.48 FEET; THENCE (20), NORTH 50[DEG.] 52' 50"
WEST, 1290.92 FEET TO SAID POINT OF BEGINNING; AS GRANTED TO THE STATE OF
CALIFORNIA BY DEED RECORDED MAY 15, 1968 IN BOOK 4160 PAGE 906 OF OFFICIAL
RECORDS.
PARCEL 56:
ALL THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 32 SOUTH,
RANGE 34 EAST, MOUNT DIABLO MERIDIAN, IN THE UNINCORPORATED AREA OF THE COUNTY
OF XXXX, STATE OF CALIFORNIA, AS PER THE OFFICIAL PLAT THEREOF ON FILE IN THE
OFFICE OF THE SURVEYOR GENERAL, LYING XXXXXXXXXXXXX XX XXXXXX XXXX XX. 000.
EXCEPT THAT PORTION LYING WITHIN THE 200 FOOT RIGHT OF WAY GRANTED TO THE
SOUTHERN PACIFIC RAILROAD COMPANY BY AN ACT OF CONGRESS APPROVED JULY 27, 1866
(14 U.S. STAT. AT LARGE 292, CHAP. 278).
ALSO EXCEPT THAT PORTION OF THE NORTHEAST QUARTER OF SAID SECTION 34, TOWNSHIP
32 SOUTH, RANGE 34 EAST, MOUNT DIABLO MERIDIAN, INCLUDED WITHIN A PARCEL OF LAND
DESCRIBED AS FOLLOWS:
BEGINNING AT INTERSECTION OF THE NORTH LINE OF SAID NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 34, WITH THE CENTER LINE OF THE DEPARTMENT OF
PUBLIC WORKS' SURVEY BETWEEN MONOLITH AND LA ROSE, ROAD VI-KER-58-G, SAID
INTERSECTION BEARS
X-00
XXXXX 00[XXX.] 49' 30" WEST, 292.2 FEET FROM THE NORTH QUARTER CORNER OF SAID
SECTION 34 AND BEING ENGINEER'S STATION 177 PLUS 24.44 OF SAID SURVEY; THENCE
NORTH 89[DEG.] 49' 30" EAST, 61.86 FEET ALONG SAID NORTH LINE; THENCE FROM A
TANGENT WHICH BEARS SOUTH 49[DEG.] 09' 12" EAST, ALONG A CURVE TO THE RIGHT,
CONCENTRIC WITH AND DISTANT 40 FEET NORTHEASTERLY MEASURED RADIALLY FROM THE
CENTER LINE OF SAID SURVEY WITH A RADIUS OF 1840 THROUGH AN ANGLE OF 0[DEG.]
22' 42", A DISTANCE OF 12.15 FEET; THENCE SOUTH 48[DEG.] 46' 30" EAST, 625.59
FEET; THENCE SOUTH 60[DEG.] 05' EAST, 50.99 FEET; THENCE SOUTH 48[DEG.] 46'
30" EAST, 300.00 FEET; THENCE SOUTH 37[DEG.] 01' EAST, 49.08 FEET; THENCE FROM
A TANGENT WHICH BEARS SOUTH 48[DEG.] 46' 30" EAST, ALONG A CURVE TO THE RIGHT
CONCENTRIC WITH AND DISTANT 40 FEET NORTHEASTERLY MEASURED RADIALLY FROM THE
CENTER LINE OF SAID SURVEY, WITH A RADIUS OF 1540 FEET, THROUGH AN ANGLE OF
33[DEG.] 19' 30", A DISTANCE OF 895.71 FEET; THENCE SOUTH 15[DEG.] 27' EAST,
230.38 FEET; THENCE ALONG A CURVE TO THE LEFT, CONCENTRIC WITH AND DISTANT 40
FEET NORTHEASTERLY, MEASURED RADIALLY, FROM THE CENTER LINE OF SAID SURVEY WITH
A RADIUS OF 1960 FEET, THROUGH AN ANGLE OF 8[DEG.] 34' 10", A DISTANCE OF
293.15 FEET; THENCE SOUTH 47[DEG.] 51' 30" EAST, 104.91 FEET; THENCE FROG A
TANGENT WHICH BEARS SOUTH 26[DEG.] 53' 04" EAST, ALONG A CURVE TO THE LEFT,
CONCENTRIC WITH AND DISTANT 80 FEET NORTHEASTERLY, MEASURED RADIALLY FROM THE
CENTER LINE OF SAID SURVEY, WITH A RADIUS OF 1920 FEET, THROUGH AN ANGLE OF
14[DEG.] 23' 56", A DISTANCE OF 482.51 FEET; THENCE SOUTH 41[DEG.] 17' EAST,
97.38 FEET; THENCE SOUTH 19[DEG.] 29' EAST, 107.07 FEET; THENCE SOUTH
41[DEG.] 17' EAST, 116.22 FEET TO THE SOUTH LINE OF SAID NORTHEAST QUARTER OF
SECTION 34; THENCE SOUTH 89[DEG.] 35' 30" WEST, 105.90 FEET ALONG SAID SOUTH
LINE; THENCE NORTH 41[DEG.] 17' WEST, 244.36 FEET; THENCE ALONG A CURVE TO THE
RIGHT, CONCENTRIC WITH AND DISTANT 40 FEET SOUTHWESTERLY MEASURED RADIALLY FROM
THE CENTER LINE OF SAID SURVEY, WITH A RADIUS OF 2040 FEET THROUGH AN ANGLE OF
25[DEG.] 50', A DISTANCE OF 919.79 FEET; THENCE NORTH 15[DEG.] 27' WEST,
230.38 FEET; THENCE ALONG A CURVE TO THE LEFT, CONCENTRIC WITH AND DISTANT 40
FEET SOUTHWESTERLY, MEASURED RADIALLY FROM THE CENTER LINE OF SAID SURVEY WITH A
RADIUS OF 1460 FEET, THROUGH AN ANGLE OF 33[DEG.] 19' 30", A DISTANCE OF
849.18 FEET; THENCE NORTH 48[DEG.] 46' 30" WEST, 1023.64 FEET; THENCE ALONG A
CURVE TO THE LEFT CONCENTRIC WITH AND DISTANT 40 FEET SOUTHWESTERLY MEASURED
RADIALLY FROM THE CENTER LINE OF SAID SURVEY, WITH A RADIUS OF 1760 FEET,
THROUGH AN ANGLE OF 3[DEG.] 28' 10", A DISTANCE OF 106.57 FEET TO THE SAID
NORTH LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34;
THENCE NORTH 89[DEG.] 49' 30" EAST, 63.93 FEET ALONG SAID NORTH LINE TO THE
POINT OF BEGINNING, AS GRANTED TO THE STATE OF CALIFORNIA, IN DEED RECORDED
AUGUST 1, 1936 IN BOOK 657 PAGE 10 OF OFFICIAL RECORDS AND IN BOOK 643 PAGE 472,
OF OFFICIAL RECORDS.
D-21
ALSO EXCEPT PORTION OF THE NORTHEAST QUARTER OF SAID SECTION 34, TOWNSHIP 32
SOUTH, RANGE 34 EAST, MOUNT DIABLO MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN SAID EAST HALF OF SECTION 34 DISTANT SOUTH 45[DEG.]
23' 40" WEST, 2809.88 FEET FROM THE ROCK MOUND WITH HUB AT INTERSECTION OF FENCE
LINES MARKING THE NORTHEAST CORNER OF SAID SECTION 34; SAID POINT OF BEGINNING
IS ALSO DISTANT SOUTH 39[DEG.] 42' 01" WEST, 130.00 FEET FROM APPROXIMATE
ENGINEER'S STATION "G" 189+00.00, P.O.T., ON THE BASE LINE OF THE STATE
DEPARTMENT OF PUBLIC WORKS' SURVEY FOR STATE FREEWAY IN XXXX COUNTY BETWEEN POST
MILE 90.3 AND POST MILE 103.4, ROAD 9-KER-58; THENCE (1) FROM SAID POINT OF
BEGINNING NORTH 50[DEG.] 17' 59" WEST, 802.95 FEET TO A POINT ON THE WEST LINE
OF SAID EAST HALF OF SECTION 34; THENCE (2), ALONG SAID WEST LINE NORTH
0[DEG.] 19' 35" EAST, 311.89 FEET; THENCE (3) SOUTH 51[DEG.] 05' 44" EAST,
1000.90 FEET; THENCE (4), SOUTH 49[DEG.] 39' EAST, 622.20 FEET TO A PONT ON
THE SOUTHERLY RIGHT OF WAY LINE OF THE EXISTING STATE HIGHWAY, ROAD 9-KER-58;
THENCE (5) FROM A TANGENT BEARING SOUTH 30[DEG.] 54' 34" EAST, ALONG SAID
SOUTHERLY RIGHT OF WAY LINE A CURVE TO THE LEFT WITH A RADIUS OF 2040 FEET,
THROUGH AN ANGLE OF 10[DEG.] 14' 05", AN ARC DISTANCE OF 364.40 FEET; THENCE
CONTINUING ALONG SAID SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING FOUR COURSES:
(6), SOUTH 41[DEG.] 08' 39" EAST, 1070.70 FEET, (7), ALONG A TANGENT CURVE TO
THE RIGHT WITH A RADIUS OF 1460 FEET, THROUGH AN ANGLE OF 23[DEG.] 02' 00", AN
ARC DISTANCE OF 586.93 FEET, (8), SOUTH 18[DEG.] 06' 39" EAST, 323.67 FEET,
AND (9), SOUTH 4[DEG.] 43' 33" EAST, 5.15 FEET TO THE NORTHERLY LINE OF THAT
CERTAIN TRIANGULAR STRIP OF LAND CONVEYED TO MOJAVE AND BAKERSFIELD RAILROAD
COMPANY BY DEED RECORDED JUNE 13, 1914 IN BOOK 000 XX XXXXX XX XXXX 000, XXXXXXX
XX XXXX XXXXXX; THENCE (10), ALONG SAID NORTHERLY LINE, NORTH 44[DEG.] 19' 13"
WEST, 305.85 FEET; THENCE (11), NORTH 31[DEG.] 29' 21" WEST, 152.78 FEET;
THENCE (12), NORTH 27[DEG.] 05' 59" WEST, 230.08 FEET; THENCE (13), NORTH
19[DEG.] 58' 59" EAST, 22.67 FEET; THENCE (14), NORTH 28[DEG.] 35' 39" WEST,
25.00 EAST; THENCE (15) NORTH 45[DEG.] 46' 17" WEST, 57.57 FEET; THENCE (16),
NORTH 26[DEG.] 37' 56" WEST, 273.18 FEET; THENCE (17), FROM A TANGENT BEARING
NORTH 30[DEG.] 00' 39" WEST, ALONG A CURVE TO THE LEFT WITH A RADIUS OF 2120
FEET, THROUGH AN ANGLE OF 11[DEG.] 43' 10", AN ARC DISTANCE OF 433.63 FEET;
THENCE (18), SOUTH 48[DEG.] 16' 11" WEST, 30.00 FEET; THENCE (19), NORTH
43[DEG.] 41' 01" WEST, 142.48 FEET; THENCE (20), NORTH 50[DEG.] 52' 50"
WEST, 1290.92 FEET TO SAID POINT OF BEGINNING; AS GRANTED TO THE STATE OF
CALIFORNIA BY DEED RECORDED MAY 15, 1968 IN BOOK 4160 PAGE 906 OF OFFICIAL,
RECORDS.
PARCEL 57:
ALL OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 32 SOUTH, RANGE 34 EAST,
MOUNT DIABLO MERIDIAN, IN THE UNINCORPORATED
X-00
XXXX XX XXX XXXXXX XX XXXX, XXXXX OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF. EXCEPT AND RESERVE, HOWEVER, TO THE UNITED STATES, ALL THE COAL AND
OTHER MINERALS IN THE LANDS SO ENTERED AND PATENTED TOGETHER WITH THE RIGHT TO
PROSPECT FOR, MINE AND REMOVE THE SAME PURSUANT TO THE PROVISIONS AND
LIMITATIONS OF THE ACT OF DECEMBER 29, 1916 (39 ST. 862) AS EXCEPTED AND
RESERVED IN THE PATENT TO XXXXXXX XXXXX XXXXXXX RECORDED JANUARY 19, 1932 IN
BOOK 363 PAGE 468, OF OFFICIAL RECORDS.
THE NORTH HALF OF THE SOUTH HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF
THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 14 WEST, SAN
BERNARDINO BASE AND MERIDIAN.
THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 11 NORTH,
RANGE 14 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT
OF SAID LAND APPROVED BY THE SURVEYOR GENERAL SEPTEMBER 19, 1856.
THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 11 NORTH,
RANGE 14 WEST, SAN BERNARDINO MERIDIAN, IN THE UNINCORPORATED AREA, ACCORDING TO
THE OFFICIAL PLAT THEREOF; EXCEPT 1/2 INTEREST IN AND TO ALL OIL, GAS, ASPHALTUM
AND OTHER HYDROCARBON SUBSTANCES WITHIN OR UNDERLYING THE REAL PROPERTY ABOVE
DESCRIBED TO THE EXTENT RESERVED BY PACIFIC STATES SAVINGS AND LOAN COMPANY, A
CORPORATION, IN A DEED RECORDED MAY 3, 1948 IN BOOK 1479, PAGE 490 OF OFFICIAL
RECORDS OF THE COUNTY OF XXXX.
D-23
