Loading...
CC RESOLUTION 395RESOLUTION NO. 395 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, GRANTING TO THE APEX PETROLEUM CORPORATION, LTD., A PERMIT FOR THAT CERTAIN OIL WELL IN SAID CITY DESIGNATED AND KNOWN AS "APEX -ELSIE COMMUNITY NO. I ". WHEREAS, application has been made to the City of E1 Segundo, California, by APEX PETROLEUM CORPORATION, LTD., for a permit for that certain oil well within said City, hereinafter referred to; AND, WHEREAS, after consideration of the said application, the City Council of said City is disposed to grant same, subject to the terms and conditions, regulations and requirements hereinafter set forth; NOW, THEREFORE, the City Council of the City of E1 Segundo, California, does resolve, declare and determine as follows: SECTION 1. That Apex Petroleum Corporation, Ltd., is hereby licensed and permitted to erect one derrick for the purpose of drilling for oil, gas and /or other hydro- carbon substances, and also to install and operate the necessary drilling equipment therein for the purpose of drilling a well for oil, gas or other hydrocarbon substances, and also to install and operate the necessary machinery and equipment for operating the said well. SECTION 2. That said license or permit shall be subject to all of the terms and conditions, requirements and regulations set forth in the following form of permit issued to the said licensee; The said form of permit is as follows: 1- 15ry1"y Xr �R Y' "PERMIT "THIS IS TO CERTIFY that APEX PETROLEUM CORPORATION, LTD., under date of August 25, 19370 by the legislative body of the City of E1 Segundo, County of Los Angeles, State of California, was granted permission to erect one derrick for the purpose of drilling for oil, gas and /or other hydrocarbon substances, and also to install and operate the necessary drilling equipment therein for the purpose of drilling a well for oil, gas or other hydrocarbon substances, and also to install and operate the necessary machinery and equipment for operating the said well upon the following express terms and conditions, each and every one of which must be ob- served and performed promptly by the licensee (whenever the same become applicable) in order to keep this permit in full and continuing force and effect. Said terms and conditions are as follows: First: Said derrick and its appurtenant struc- tures shall be erected on the following described real property located in the City of E1 Segundo, County of Los Angeles, State of California, to -wit: Lots 255 to 261 inclusive and Lot 237, all in Block 123, El Segund ,), Sheet No. 8, as per 14ap, the exact location of said well and appurtenances to be 100 feet North of the center line of Franklin Avenue and 150 feet West of the center of Washington Street, and the said well shall be known and is hereby designated as "APEX -ELSIE COMMUNITY NO. 1 ". Second: Said licensee shall pay to the City of E1 Segundo, California, the full amount of any license fee which may now or hereafter be reasonably required M under the ordinances or laws of said City, or regulations of the legislative body thereof, and which applies to or has reference to any such derrick or well, and which said license fee, if and when provided for, must continue to be paid as long as drilling operations, drilling, mining, pumping or other operations in and about said derrick or well continue, including the production therefrom of oil, gas or other hydrocarbon substances from a flowing well, and as long as such derrick remains standing, and the same shall be promptly paid as the same becomes due and payable to said City. No fee or license fee paid, or any part thereof, shall be refunded. Third: Said derrick and /or any appurtenant structure shall not be erected nearer than ten feet to the nearest property line of any public street, avenue or highway, or nearer than twenty -five feet to any existing dwelling, except upon the written permission of the owner of such dwelling duly signed and filed with the Building Inspector of said City. Fourth: Licensee agrees to furnish as drill- ing progresses, a full, true and correct copy of the log of said well for the use of said City in ascertaining the possibilities for a municipal water supply within the district, to a depth of not to exceed one thousand feet, and thereafter said licensee shall, if requested, notify said City of any water strata encountered and recorded by it, and the depth thereof. Fifth: The said licensee shall, on request of the legislative body of said City, route all heavy mater- ials and heavy loads of materials brought to or from said well, over such streets as the said legislative body may direct; provided, however, that such streets shall be 3- `4 3 appropriately posted, at the expense of said City. Sixth: That no abandoned oil derrick or derricks used in connection with such well will be allow- ed to remain upon the promises where same is located for a longer period than ninety days after such abandonment. Seventh: That upon abandonment of any well drilled under this permit, the same shall be filled or plugged according to good mining practice, the derrick removed and the premises cleaned up and restored as nearly as possible to their condition as they existed at the time of the granting of this permit. Eighth: That the said licensee shall not will- fully permit any water, oil or other hydrocarbon substance to escape from said well or premises and flow in or upon any of the public streets, lanes, ways, avenues or high- ways, of the said City of E1 Segundo, California, unless by further permit in writing from the legislative body of said City first had and obtained; provided, however, that the licensee will pay to said City, innediately upon demand therefor, the full amount of any and all damage which may be occasioned to any of such streets, lanes, ways, avenues or highways, by reason of a violation of the provisions of this section whether such violation was willful, negligent or otherwise. Ninth: The licensee does hereby further agree to erect at its own cost and expense such embankments, sump holes and protection works as may be required in order to safeguard as far as reasonably possible, the lives and property of persons in the vicinity. Tenth: Said licensee further agrees to observe and abide by all the laws of the State of California, re- lating to the subject of mining for oil, gas or other hydrocarbon substances within said State, and also all valid ordinances of the City of X71 Segundo, California, relating thereto. Eleventh: That the said licensee shall ixmme- diately at its own cost and expense, cause to be completely repaired to the satisfaction of the Street Superintendent of the City of h1 Segundo, California, any and all damage to any public street, avenue, lane, way, alley or place within the said City which may be occasioned by it or by any of its agents or employees, in or by reason of the transportation of materials or supplies, or equipment, or production, either to or from the said derrick or well, or by reason of any overflow therefrom. Said licensee shall also cooperate with the authorities of said City of El Segundo, in the apprehension of any other persons damag- ing public property, upon delivering materials, equipment, supplies or production, either to or from the said well. Twelfth: That the said licensee shall at all times during the construction and operation of the said well permit the Chief of Police of said City and his offi- cers, the City Engineer of said City and /or his authorized deputy, the Chief of the Fire Department of said City and his duly authorized assistants, to enter upon the said premises and into the said derrick at their own risk, so far as licensee is concerned, and the said Chief of Police and his officers, the City Engineer and his deputy and the Chief of the Fire Department ar_d his assistants, shall have free and unmolested right to so enter u,)on the said premises and into the said derrick and structures appurte- nant thereto, for the purpose of ascertaining whet,io, or not ell of '„pie terns and conditions of this permit are being observed and kept by said licensee. 5- h `$'Y 7 Thirteenth: All of the terms and conditions herein stated, in the opinion of the legislative body of said City, are required for the purpose of protecting the public peace, health, safety and welfare of the said City of L Segundo, and particularly that portion of the public residing in the vicinity of the proposed well herein referred to, and the licensee above named by accepting this permit m d electing to operate under the same, hereby acquiesces in the findings of the said legislative body in such regard, and further agrees to each, all and every one of the terms an d conditions set forth in this permit and promises and agrees to perform each and all of them on its part to be kept and performed. Fourteenth: This permit is not assignable except by written consent of the legislative body of the said City of E1 Segundo, California, first had and ob- tained; or except to a subsidiary or parent corporation of the licensee, but no such assignment shall operate to relieve the licensee herein from any obligations imposed or created herein without the consent of such legislative body first had and obtained, nor shall any such assignment be operative for any purpose unless and until such assignee shall have filed its written acceptance of the terms and conditions hereof. Fifteenth: This permit lapses and becomes auto- matically void unless the derrick to be erected hereunder is so erected and completed within sixty days from date hereof, unless a further extension of time within which to complete the same is granted in writing by the legis- lative body of said City. Sixteenth: Nothing in this permit contained shall be construed as limiting or abridging the power or 6- ,J98 rights of the legislative body of said City to prescribe more or less stringent provisions in any future permit which may be, granted by said legislative body within said City. Seventeenth: Any notice to be given under the provisions of this permit will be deemed sufficient if deposited in the United States post office at either Signal Hill, California, or E1 Segundo, California, postage prepaid, addressed to the licensee or the City of E1 Segundo, California, as the case may be, as follows: The City of El Segundo, Care of City Clerk, City Hall, E1 Segundo, California; and as to the licensee:- Apex Petroleum Corporation, Ltd., Post Office Box 650, Signal Hill, California. The day of actual service as contemplated herein shall be construed to be the day following that upon which such notice is actually deposited in the post office. Eighteenth: The City Council reserves the right upon ten days notice to licensee of the breach of any of the terms and /or conditions herein set forth, and the failure of licensee to remedy any such breach within said period to cancel and revoke this permit forthwith and without any liability therefor on the part of said City, or any of its officers or agents. Yineteenth: It is further agreed and made a particular condition hereof that the said derrick will be actually located and constructed, fully rigge -: and with necessary appurtenances, boilers, engine, pipes, etc., required to efficiently operate same, within sixty days from date hereof and that said well will be actually 7- W'1199 spudded in within ninety days from date hereof, and that same will be diligently and continuously operated thereafter, with full crews, until same is completed or finally abandoned. IN WITNESS WHEREOF, this permit has been issued to said licensee above named this day of August, A. 0., 1937, upon orders of the legislative body of said City, expressed by resolution o° said body, heretofore adopted. ATTEST: City Cler (SEAL) Building Inspector of the City of El Segundo, California. [on E1 Segundo, California. , 1937. APEX PETROLEUM CORPORATIO'�, LTJ., Licensee above named, does hereby consent to all of the conditions, agreements, terms and requirements set forth in the fore- going permit, does hereby agree to same and does hereby further promise and agree to observe and abide by the same and each and all of them on its part to be kept and per- formed, and does hereby positively state and declare that this consent and agreement is supported by an adequate and valuable consideration passing to it, receipt of which is hereby expressly acknowledged. provisions. APEX P ,TROIEUM CORPORATION, LTD. By. Its LICENSEE The foregoing permit is approved by me as to Mayor of the City of El Segundo, California. The foregoing permit is approved by me as to form. m City Attorney of the Citp of El Segundo, California. SECTION 3. That the Building Inspector of the City of E1 Segundo, California, is hereby authorized and instructed to issue the said permit hereinabove referred to to said licensee, and the City Clerk of said City is hereby authorized and instructed to attest the same and to affix the official seal of said City thereto, upon receipt of a duplicate copy of the said form of permit duly executed on the part of said City and accepted in writing by Apex Petroleum Corporation, Ltd., in the form of acceptance hereinabove set forth and which con- stitutes a part of the consideration for the issuance of said permit. SECTION 4. That the City Clerk shall certify to the passage and adoption of this resolution; shall cause the original of the same to be entered in the book of resolutions of said City, and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the minutes of the meeting at which the same is passed and adopted. Passed, approved and adopted this 25th day of August, A. D., 1937. 8 A ST Cam`, City C (SEAL) EL r Mayes' t he ty of Segundo, California. 10- STATE OF CALIFORNIA, ) COUNTY OF LOS ANGELES, ) SS. CITY OF EL SEGUNDO. ) r ...'02 py I. Victor D. McCarthy, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 395, was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 25th day of August, A. D., 1937, and that the same was so passed and adopted by the following vote: Ayes: Councilmen Gerow, Hesser, Love and Mayor Binder; Noes: Councilmen None; Absent :Councilman Selby. /I (l ' City Clerk of the City of E1 Segundo, Californ ia. (SEAL) 11-