Resolved, That this Corporation, Blue Bird Oil Company, sell to Oliver Owlett, in consideration of Ten Dollars ($10.00) and other good and valuable considerations, all the right, title and interest of this corporation to the possession, occupation and use of the soil or surface of the ground for the purpose of agriculture, horticulture and grazing only, of, in and to all that certain mining claim known as "My Dream" Placer Mining Claim, situated in the County of Orange, State of California, and being the Southwest Quarter of the Southeast Quarter of Section One (1), in Township 30 North, Range 20 West, San Bernardino Meridian, reserving the petroleum and other mineral substances thereunder, said deed to be in such form as the attorney of this Corporation may determine; and the President and Secretary of this Corporation be, and the-" are hereby authorized and directed, in the name, on behalf and under the seal of this Corporation, to execute and deliver said deed, and to perform any and all acts, and execute all papers, or cause the same to be done, which are, or may be necessary to fully carry out and complete such transfer.
I, Prester John, Secretary of the Blue Bird Oil Company, hereby certify the foregoing to be a full, true and correct copv of a resolution duly passed and adopted by the Board of Directors of said Corporation at a regular meeting of said Board, held on the 10th day of April, 1905, alt which meeting a majority of the said Board was present and voted in favor of the adoption of said resolution, and that the same now is in full force and effect.
Witness my hand and the seal of said Blue Bird Oil Company, this 10th day of April, 1905. (Corporate Seal) Prester John,
Secretary Blue Bird Oil Company.
This Indenture, Made this 10th day of April, A. D. 1905, by and between Blue Bird Oil Company, a Corporation organized and existing under the laws of the State of California, and having its principal place of business at the City of Los Angeles, in said State, party of the first part, and Oliver Owlett, of the County and State aforesaid, party of the second part ;
Witnesseth: That the said party of the first part, for and in consideration of the sum of Ten (10) Dollars, gold coin of the United States of America, to it in hand paid by said party of the second part, the receipt whereof is hereby acknowledged, and for other good and sufficient considerations it thereunto moving, doth remise, release and quitclaim, subject to all and several the conditions, reservations and exceptions hereinafter expressed, unto said party of the second part, his heirs and assigns forever, all the right, title and interest of said party of the first part to the possession, occupation and use of the soil or surface of the ground, for the purposes of agriculture, horticulture and grazing only, of, in and upon that certain mining claim known as the "My Dream Placer Mining Claim," situated in the County of Orange, State of California, and being the Southwest Quarter (S. W. ¼ ) of the Southeast Quarter (S. E. ¼ ) of Section One (1), Township Thirty (30) North, Range Twenty (20) West, San Bernardino Base and Meridian; said My Dream Placer Mining Claim having been conveyed to the party of the first part by Letters Patent of the United States of America, bearing date the 22nd day of June, one thousand nine hundred and four.
It is expressly stipulated, covenanted and agreed by and between the parties hereto, that the party of the second part acquires by this conveyance no further right, title, interest, estate or privileges in, to or upon the said tract of land above described than those above expressly described and conveyed, and especially and particularly that he acquires no right, title or interest in and to the petroleum oil, asphaltum and other hydrocarbon substances, or to any mineral substance of any kind whatsoever situated and contained in the said lands. And the party of the first part hereby expressly excepts, reserves and retains to and for the benefit of itself, its successors and assigns, all and all kinds of mineral substances contained in said lands, and especially and particularly all and all kinds of petroleum oil, maltha, asphaltum, mineral or oil bearing rocks and sand, gravel, earth, and other material containing, bearing or yielding said substances, or any of them; and also all natural gas, or other hydro-carbon, or other similar or kindred substances in, upon, under or underneath said lands.
And it is understood, covenanted and agreed that the right of the party of the second part, his heirs and assigns, to the use, possession and occupation of the surface and soil of said lands for the purposes aforesaid, is subject to the paramount right of the party of the first part, its successors and assigns, to the use, possession and occupation of the said surface and soil of said lands so far as the same shall be necessary for its use in digging, mining and boring for and otherwise exploring for and obtaining, extracting and producing said substances, or any of them, in and upon said parcel of land, and for taking away and removing the said substances therefrom; and the party of the first part doth hereby except and reserve the perpetual and exclusive right to so dig, mine and bore for, and otherwise to explore for and obtain, extract and produce said substances, or any of them, in and upon said parcel of land, and to take away said substances therefrom; together with all rights of entry and rights of way in, upon and over said parcel of land, and every part thereof, for roads, pipe liness, telephone lines, and for all other purposes that may be necessary for the enjoyment of the estate, rights and interests hereby reserved and excepted, and for the carrying on of mining operations on said lands, and for the securing and transporting of said, substances in, upon, over and through said parcel of land; together with all rights of way and rights of entry in, upon and over said parcel of land which may be necessary or convenient to give ingress to and egress from said lands, or to and from any adjoining lands that may be operated for oil or other minerals by said party of the first part, and for conveying machinery, tools, materials, supplies, water, oil, and other substances to and from said adjoining lands.
It is understood and agreed that the party of the second part shall have the right to so much of the water now flowing, or which may hereafter be developed, upon the lands above described, as shall not be needed and used by the said party of the first part in carrying on said mining operations; also that said party of the first part shall and will at its own cost and expense, provide, so far as is practicable and reasonable, for the disposal of sand, rock, earth, gravel, water, oil, and other substances which may be encountered and removed to the surface in boring of wells for oil or water, or in any other mining operations carried on by it in and upon said parcel of land, and for the conveyance of the same by open ditches wherever practicable to water channels or gulches within the boundaries of said parcel of land; and also that said party of the first part shall lay any pipe lines which it may locate upon the tillable portions of said land under the surface of the soil so that the same shall not interfere with the plowing or cultivation of said lands.
In witness whereof, said party of the first part hath hereunto caused its corporate name to be subscribed and its corporate seal to be affixed by its President and its Secretary, thereunto duly authorized, the day and year herein first above written.
BLUE BIRD OIL COMPANY. (Corporate Seal) By Peter Prior, Its President.
By Prester John, Its Secretary.