Full opinion text
MEMORANDUM OPINION CHARLES SCHWARTZ, Jr., District Judge. The captioned consolidated cases, within the diversity jurisdiction of this Court as shown below, came on for bench trial on Monday, May 15, 2000. The clash is over title to mineral rights to certain properties located in the Lake Hatch-Sunrise Field area of Terrebonne Parish which plaintiff Energy Development claims via Mineral Conveyance dated May 3, 1971, effective January 1, 1971, recorded under Entry No. 402359 of the records of Terrebonne Parish, Louisiana [EDC Exhibit 26]. Essentially, EDC contends that its predecessor, Pelto Oil Company, acquired a single large contiguous mineral servitude covering the tracts at issue in this case and that its servitude which includes the tracts at issue has been maintained by operations and production on the contiguous acreage described in the May 3, 1971 Mineral Conveyance. Defendant surface owners dispute EDO’s ownership of mineral rights citing conveyances executed in their favor, ten year prescription of non-use, and claiming, inter alia, that the May 3, 1971 Mineral Conveyance recites only an ambiguous, omnibus description of the property.and thus, conveyed nothing. As previously noted, the lead case, a declaratory judgment action numbered Civil Action 98-3395 on the docket of this Court, involves a tract of approximately 170 acres upon which the defendant, Louisiana Land and Exploration Co. (“LL & E”), obtained mineral leases from both the plaintiff EDC and the defendant surface owners, Michael X. St. Martin, Virginia Rayne St. Martin, and Quality Environmental Processes, Inc. (hereinafter referred to as “the St. Martin Group”). The consolidated action numbered 99-1793 was also instituted by EDC and involves the existence of a mineral servitude in favor of EDC on a tract in Terrebonne Parish approximately 1,000 acres in area. The latter suit additionally involves the two unit tracts of defendant surface owners, Bayou Area Children’s Foundation, Inc. (the “Foundation”), Samuel Stagg, III, M.D., husband of/and Julie M. Stagg (the “Staggs”), James G. Fister, husband of/ and Linda F. Fister (the “Fisters”). I. THE PARTIES — DIVERSITY JURISDICTION Plaintiff, Energy Development Corporation (“EDC”), seeks a declaration as to the continued existence of its alleged single large contiguous mineral servitude which includes both the 170 acre and the 1000 acre tracts which are the subject of these consolidated cases. EDC also seeks a permanent injunction prohibiting interference with its use and enjoyment of the tracts included in its large contiguous servitude in the Lake Hatch — Sunrise Field area of Terrebonne Parish. The St. Martin Group and the Bayou Area Children’s Foundation (the “Foundation”), the Staggs and the Fisters, counterclaimed against EDC for damages and for judgment declaring that EDC owns no servitude with respect to either the 170 acre tract or the 1,000 acre tract. Louisiana Land and Exploration Company (“LL & E”) maintains it is a disinterested stakeholder, whereas all other defendants dispute the existence and/or viability of entirety and/or portions of EDC’s claimed servitude. All of the mineral rights which are the subject of the captioned consolidated cases are within the “Lake Hatch Field-Sunrise Field” area in Terrebonne Parish, Louisiana. EDC, albeit presently a Delaware corporation, was a New Jersey corporation with its principal place of business in Oklahoma, at the time of the filing of all of the claims, counter-claims, cross-claims, etc. in the captioned proceedings. The defendant surface owners include the Michael St. Martin, Virginia Rayne St. Martin (“the St. Martins”), Quality Environmental Processes, Inc. (“QEPI”), the Bayou Area Children’s Foundation (“the Foundation”), Samuel J. Stagg, III, M.D., Julie M. Stagg (“the Staggs”), James G. Fister and Linda F. Fister (“the Fisters”). Defendant surface owners along with EDC are also defendants with respect to the statutory in-terpleader filed by the LL & E. Michael St. Martin, husband of/and Virginia Rayne St. Martin (sometimes hereinafter referred to as the “St. Martins”), are individual defendants who reside in Hou-ma, Louisiana. Defendant, Quality Environmental Processes, Inc. (“QEPI”), is a Delaware corporation with its principal place of business in Louisiana. Bayou Area Children’s Foundation, Inc. (the “Foundation”) is a Louisiana corporation domiciled in Terrebonne Parish, Louisiana. Samuel Stagg, III, M.D., husband of/and Julie M. Stagg (the “Staggs”), are individuals who reside at 3613 Bayou Black Dr., Houma, Louisiana. James G. Fister, husband ofiand Linda F. Fister (the “Fisters”) are individuals who reside at 3449 Bayou Black Dr., Houma, Louisiana. All of these defendants aforementioned in this paragraph may be referred to hereinafter from time to time as “surface owners.” Defendant/Plaintiff-in-the-Interpleader, LL & E, is a Maryland corporation with its principal place of business in Texas. Pursuant to 28 U.S.C. § 1335 and via counterclaim, cross-claim, and/or third party demand, LL & E filed an interpleader premised on minimal diversity required for statutory interpleader. The sum of $294,170.45 is presently on deposit in the registry of the Court and the amount in controversy exceeds $75,000.00. Neither jurisdiction nor venue are contested. The issues of liability and quantum were bifurcated and the issue of liability was the subject of a three-day bench trial which commenced on Monday, May 15, 2000. II. CONTENTIONS OF THE PARTIES There are four tracts of land which are the subjects of these consolidated proceedings, to wit: (1) the 170 acre tract that is the subject of CA 98-3395 involving EDC and the St. Martin Group; (2) the 1000 +/acre tract which is the subject of docket No. 99-1793 involving EDC and the St. Martin Group; and (3) the two small unit tracts in the 88 Reservoir A, Sand Unit A, and 88 Reservoir B Sand Unit A, the surface of said unit tracts being owned by the Staggs and the Fisters. Although the ultimate issue before the Couict is the mineral ownership of those four tracts, counsel for EDC correctly notes those tracts figure only marginally'in the two principal debates between it and the surface owners in these consolidated proceedings. The immediate issues focus rather on the mineral ownership of a tract of land lying to the south of those four tracts referred to throughout this opinion and the testimony of expert witnesses as the red-outlined “Protective Area.” For ease of reference the Court will refer to EDO’s Map No. 10 [EDC Exhibit 216] throughout this Memorandum Opinion, since it best graphically illustrates the relative locations of the various tracts at issue. As previously mentioned, the tract lying to the south of the surface owner’s tracts will be herein after referred to as the red-outlined “Protective Area.” If the “Protective Area” is found to be only a portion of a single large contiguous mineral servitude conveyed by Southdown Lands to EDC’s predecessor, Pelto Oil Company, by a mineral conveyance dated May 3, 1971 [EDC Exhibit 26], as EDC maintains, the defendant surface owners have conceded that “operations on the southern portion of such servitude would be sufficient to maintain the entire servitude.” EDC claims title to the minerals and the ownership thereof beneath the property at issue devolved upon it allegedly via a mineral conveyance dated May 3, 1971 and effective January 1, 1971. EDC’s position is that pursuant to Southdown Lands’ May 3, 1971 mineral conveyance to EDC’s predecessor, Pelto Oil Company, it acquired a single large contiguous mineral servitude covering, inter alia, the 170 acre tract at issue in Civil Action number 98-3395 and the 1,000 acre tract at issue in Civil Action number 99-1793, as well as other contiguous acreage including the Staggs’ and Fisters’ unit tracts. Counsel for EDC points out that both EDC and the defendant surface owners claims stem from a common ancestor in title, Southdown, Inc. which owned both the mineral rights and the surface of the tracts at issue in this case. Defendants, the St. Martin Group, claim full ownership (i.e., ownership of the land and interest in the minerals beneath the same 170 acre, 1000 acre, and two unit tracts by virtue of their ownership of an undivided interest in and to the fee title to the aforesaid tracts and the alleged lapse of any servitude claimed by EDC due to ten year prescription for non-use.) The St. Martin Group’s claims of ownership of the lands which are the subject of these consolidated proceedings are based upon the following enumerated instruments: (1) Contran Realty Corp. to Michael St. Martin dated 6/23/92 recorded under Entry No. 900447 as corrected by instrument 9/4/92 under Entry No. 903752. [EDC Exhibit No. 73]; (2) Ag-Lands Investment Co. to Michael St. Martin et ux dated 6/11/84 recorded Entry No. 739234 (EDC Exhibit Nos. 146/194); and (3) Ag-Lands Investment Co. to Michael St. Martin et ux dated 10/24/84 recorded under Entry No. 744732 (EDC Exhibit Nos. 147/194). The Fisters claim of ownership to that portion of their lands is based upon either or both: (1) Ag-Lands Invest Co. to James Gary Fister, et ux dated 2/10/84 recorded under Entry No. 725824 (EDC Exhibit No 238); and (2) Ag-Lands Investment Co. to James Gary Fister, et ux dated 6/6/84 recorded under Entry No. 734278 (EDC Exhibit No. 240). The Staggs claim of ownership is based upon both: (1) Ag-Lands Investment Co. to Samuel J. Stagg, III, et ux dated 9/10/87 recorded under Entry No. 810398 (EDC Exhibit No. 242); and (2) Ag-Lands Investment Co. to Samuel J. Stagg, III, et ux dated 2/12/88 recorded under Entry No. 820404 (EDC No. 243). The defendants urge the Court to find as a matter of fact that they are owners of the properties which are the subject of the consolidated captioned matters and that mineral rights relating to such property have been extinguished or terminated by prescription resulting from nonuse for ten years. More specifically, the defendants contend that any mineral rights EDC claims in the subject property could only be based on the May 3,1971 Mineral Conveyance by Southdown Lands, Inc. to EDC’s predecessor Pelto Oil Company, recorded in COB 515, Folio 73, Entry No. 402359 of the records of Terrebonne Parish (EDC Exhibit No. 26). Counsel for the defendant surface owners contends that May 3, 1971 instrument contains only a vague and ambiguous omnibus property description which is insufficient as a matter of law to give notice to the defendants, who are third parties to the May 3, 1971 Servitude Agreement. Defense counsel argues that the May 3, 1971 Mineral Servitude does not describe St. Martin Contiguous Property or property owned by the Foundation, the Staggs or the Fisters. Alternatively, and in the event that the Court finds the record documents sufficiently describe the one large contiguous servitude claimed by EDC, defense counsel argues the obligation which is subject to a suspensive condition described in the August 31, 1966 Agreement [EDC Exhibit 13] which refers to some twenty (20) listed sands within the wrap-around red-outlined “Protective Area” which tract lies to the south of their tracts, constitutes an attempt to extend the prescriptive period, and thus, somehow removed the “Protective Area” in its entirety from commerce making any part of it insusceptible of conveyance to Pelto Oil Company, EDC’s predecessor in title. Also, as the argument goes, the St. Martin Group apparently contends that the August 31, 1966 instrument somehow created a mineral servitude with respect to the red-outlined Protective Area, such that there were no mineral rights left within the red-outlined “Protective Area” susceptible of conveyance later by Southdown Lands, Inc. via the May 3, 1971 mineral conveyance, since such rights were specifically excepted from the transfer. The St. Martins’ argument is that if the red-outlined “Protective Area” in its entirety is excepted or excluded from the one large contiguous servitude claimed by EDC, such would make such a servitude several noncontiguous tracts. Stated another way, with the red-outlined “Protective Area” completely carved out of the May 3, 1971 servitude, it does not create one large contiguous servitude but rather affects noncontiguous tracts, and thus, operations on any one tract would not interrupt prescription as to any other nonconti-guous tract. EDC counters the surface owners’ contentions regarding excluding the red-outlined “Protective Area,” with the clear wording of the August 31, 1966 agreement itself. Plaintiff’s counsel argues that the August 31, 1966 agreement, within the boundary established by the red-outline (i.e., the “Protective Area”), at best, burdens only certain listed sands/horizons, and then only, with a conditional future obligation and not a servitude upon the entirety of the “Protective Area.” EDC’s position is precisely that August 31, 1966 Agreement by its terms: (1) neither presently effected any conveyance of mineral rights nor a mineral servitude with respect to the entirety of the property bounded by red-outline [i.e., the wrap-around “Protective Area”]; and (2) it patently addressed only certain listed sands and not all horizon’s within the confínes of the red-outlined “Protective Area.” Suffice it say, EDO’s position is that even if only one horizon or sand within the red-outlined “Protective Area” was not conveyed prior to the execution of the May 3, 1971 servitude, then the red-outlined “Protective Area” was conveyed to EDO’s predecessor, Pelto Oil, making such conveyance but one servitude, on one large contiguous tract, as the May 3, 1971 instrument plainly suggests. The issues outlined above turn on the proper interpretation of the instruments, various clauses and property descriptions, as well as plats and surveys, registered in the conveyance records of Terrebonne Parish. Their interpretation, the law with respect thereto, and the effect as to third parties constitute the meat of the questions involved in this case. It is appropriate to note here, again, that it was stipulated in the pre-trial order that in the event the Court finds that one large contiguous servitude was sufficiently documented in the Terrebonne Parish records prior to the conveyances of the subject four tracts to the respective defendant surface owners in these consolidated cases, then plaintiff EDO’s petroleum operations on the southern portion of such single large contiguous servitude are sufficient to maintain the entire servitude. III. FINDINGS OF FACT AND CONCLUSIONS OF LAW The Court will not reiterate the parties’ stipulations entered at the time of trial. Instead, and as previously mentioned, the Court attaches to its Memorandum Opinion a copy of the respective parties Stipulations as Addendum A. The Court’s opinion, as is explained in great detail herein below, is that the August 31, 1966 agreement [EDC Exhibit 13] created no present mineral rights which burdened the entirety of the red-outlined “Protective Area” and thus, a single large contiguous mineral servitude remained in tact as such thereafter and following the May 3, 1971 Mineral Conveyance to EDO’s predecessor in title, Pelto Oil Company. In other words, there still existed mineral rights capable of alienation in the “Protective Area” at the time of the May 31, 1971 mineral conveyance [EDC Exhibit 26] to EDO’s predecessor. Additionally, the May 3, 1971 conveyance sufficiently described the affected areas so as to put the St. Martin Group on notice, in that it specifically described by incorporating by reference an adequate description of the contiguous tracts covered by the May 3, 1971 Mineral Servitude. It was not and cannot be seriously disputed that the May 3, 1971 mineral conveyance specifically referred to and incorporated the conveyances and property descriptions contained in such other conveyances/instruments of record in Terrebonne Parish, which as part of public record were • available to third parties. All of the Court’s findings are discussed in detail herein below. A. The August 31,1966 Agreement By instrument dated August 31, 1966, recorded COB 433, Folio 128 of the records of Terrebonne Parish, Southdown, Inc. conveyed to Southdown Exploration, Inc. all of its rights title and interest in and to the oil, gas and other minerals located in, on or under the lands outlined on plats outlined in blue on the plats marked Exhibits “A” through “H” and attached to the 1966 Agreement. These plats marked as Exhibits “A” through “H” to the 1966 agreement covered (8) separate, non-contiguous areas located in four different parishes. As previously mentioned “on each of the plats attached to the August 31, 1966 are blue outline(s) reflecting the boundaries of that particular Productive Area(s) within which Southdown, Inc. was conveying a mineral servitude to Southdown Exploration, Inc. The relevant plat to this litigation is the plat attached to the 1966 agreement as Exhibit ‘D’.” Exhibit “D”, the plat which is a copy of a Tobin map, is labeled “Lake Hatch Field Sunrise Field Terrebonne Parish, LA.” In this same August 31, 1966 instrument, Southdown Inc. obligated itself, subject to the condition described below, to make future conveyances to Southdown Exploration of the minerals in certain specifically identified sands, called Known Productive Sands, located in lands surrounding the Productive Areas. These lands surrounding the identified “Productive Area” were identified as the red-out- lined “Protective Area”, and all such lands within the Lake Hatch Field Sunrise Field area were illustrated by the Tobin Map attached as Exhibit “D” to the 1966 agreement [EDC Exhibit 13]. This obligation to make future conveyances of any of the listed Known Productive Sands in the Protective Areas was conditioned on any such named sand being found at some future date to be capable of production in the Protective Areas. Essentially, the Mineral Conveyance dated August 31, 1966 [EDC Exhibit 13] conveyed to Southdown Exploration, Inc., all of Southdown, Inc.’s right, title, and interest in and to the oil, gas and other minerals located in, or under the lands outlined in blue on the plats marked Exhibits “A” through “H”, which said Exhibits are attached hereto and made part hereof in full by reference, covering lands located in St. James, Terrebonne, Ascension and La-fourche Parishes, Louisiana. The lands outlined in blue on Exhibits “A” through “H” are herein sometimes referred to as the “Productive Area.” [EDC Exhibit 13], It is quite apparent from the plats attached to the 1966 Mineral Conveyance that the blue-outlined area on each is the “Productive Area” and that the red-outlined area on each is the “Protective Area.” The precise language of the act leaves no room to doubt and confirms beyond cavil: (1) the identity of each area outlined in blue on the plats as the “Productive Area,” and (2) the identity of each area outlined in red on the plats as the “Protective Area.” As previously mentioned, although several maps or plats were attached to the August 31, 1966 agreement, the one identified as Exhibit “D” and labeled “Lake Hatch Field -Sunrise Field Terrebonne Parish, La.”, is the plat which is relevant to the issues in dispute between the EDC and the defendant surface owners in these consolidated proceedings. The “Lake Hatch Field Sunrise Field Terrebonne Parish, LA.” plat, Exhibit “D” to the 1966 agreement, is a copy of a Tobin map. Certain geographic areas are delineated with red and blue lines, which lines are not described by reference to any measure, bearing, or direction. With respect to the red and blue-outlined Protective and Productive Areas, the parties agreed to cause accurate surveys of these areas and to later substitute detailed survey plats of these red-outlined and blue-outlined areas, respectively, the “Protective” and the “Productive” areas. Regarding the August 31, 1966 act, it is not disputed that: (1) the parties to the 1966 act expressly agreed to cause an accurate survey of each of the areas outlined in blue (i.e., the “Productive Area”), and to substitute such detailed surveys for the plats attached to the 1966 act and identified as Exhibits “A” through “H”; (2) to substitute detailed survey plats of all the areas outlined in red, (i.e., the “Protective Area”); and not withstanding that, (3) no such surveys of the blue-outlined “Productive Area” or the red-outlined “Protective Area” were ever recorded in Terrebonne Parish’s public records. This is of no moment, however, because of the stipulated fact that “[n]either the tracts which are the subjects of these two consolidated suits for declaratory judgment, nor the unit tracts which are the subject of LL & E’s consolidated interpleader suit are in either the Productive or Protective Areas described in Exhibit “M” to the August 31, 1966 agreement.” This is not a boundary dispute regarding the red-outlined Protective Area, and the defendant surface owners’ tracts are uncontrovertedly outside of the red-outlined Protective Area. The defendant surface owners’ reference to the August 31, 1966 agreement is for the purpose of illustrating that the red-outlined “Protective Area” was somehow removed from commerce and thus, excluded or excepted from the May 31, 1971 conveyance to Pelto, EDO’s predecessor. The evidence and the August 31, 1966 instrument itself, supports no such assumption or conclusion. The only legal significance which can arguably be ascribed to the red-outlined “Protective Area” described by the August 31, 1966 agreement and depicted on the attached Lake Hatch Field Sunrise Field Map [EDC Exhibit 13 attachment “D”] is that such red-outlines depict the outer limits or geographical boundaries of the conditional future obligation with respect to the twenty (20) listed sands. The August 31, 1966 agreement identified twenty (20) “Known Productive Sands” located within the “Protective Area.” These sands were listed on Exhibit “I” attached to the 1966 agreement. The specific language in the August 31, 1966 act dealing with the conditional obligation regarding the aforesaid twenty listed “Known Productive Sands” in the red-outlined Protective Area, reads as follows: As an essential and integral part of the consideration paid for this conveyance, Grantor binds and obligates itself to convey to the Grantee, from time to time as required, all of its right, dtle and interest in and to the oil, gas, and other minerals in each Known Productive Sand when and if such sand is established to be productive or capable of production in the Protective Area.... If and when any Knoivn Productive Sand is established to be productive or capable of production within the Protective Area as above provided, Grantor shall then be obligated to convey to Grantee the mineral rights in such Known Productive Sand as to the entirety of that Protective Area.... Each obligation to make such additional mineral conveyances as to Known Productive Sands shall arise immediately and automatically whenever any Knoion Productive Sand is established to be productive and capable of production in any portion of the Protective Area as provided above.... As heretofore provided, conveyances shall be made from time to time whenever the conditions set forth above shall occur, and the execution of the conveyance of mineral rights in an area or as to one Known Productive Sand shall not relieve Grantor of the obligation to make additional conveyances in the same area as to additional Known Productive Sands if the conditions set forth above requiring such additional conveyances in the same area or as to additional Known Productive Sands if the conditions set forth above requiring such additional conveyances thereafter occur. Each conveyance shall be effective as of the date that a Known Productive Sand, or Known Productive Sands, is established to be productive or ■ capable of production in the Protective Area. Each obligation of the Grantor to make an additional assignment shall be subject to enforcement through specific performance by the Grantee. See, August 31, 1966 Agreement, at numbered pages 2-4 [EDC Exhibit 13] (emphasis supplied). “There is no obligation in the August 31, 1966 agreement with respect to the Lake Hatch Field-Sunrise Field, conditional or otherwise, to make future conveyances of minerals in the subject Protective Area in any sands or depths other than the twenty listed sands.” Also, and as previously mentioned, it is not disputed that the tracts which are the subject of these consolidated proceedings, including the unit tracts which are the subject of LL & E’s inter-pleader suit are not within either the red-outlined Protective Area or the blue-outlined Productive Area discussed above. With respect to the Lake Hatch Field Sunrise Field area, there appears no obligation in the August 31, 1966 agreement, conditional or otherwise, to create one large mineral servitude bound by the red-outlined “Protective Area.” The 1966 agreement specifically refers to the twenty (20) listed Known Productive Sands or horizons within the “Protective Area.” It clearly sets forth the conditional future obligation to transfer “all of [grantor’s] right, title, and interest in and to the oil, gas and other minerals in each Known Productive Sand.” Id. (emphasis supplied). The August 31, 1966 agreement further provides that: Grantor further agrees that during the existence of this obligation, any alienation, mortgage or encumbrance granted by Grantor and affecting the Protective Areas lying between the blue lines and the red lines on Exhibits “A” through “G” will specifically stipulate that the Vendee, mortgagee or grantee thereunder shall accept the same, subject to the terms and conditions of this agreement, and shall commit itself to the performance of Grantor’s obligations hereunder as to the lands affected by such alienation, mortgage or encumbrance, unless Grantor, in such Act reserves all mineral rights to such lands. Id., at numbered page 4. The Court finds such a subsequent conveyance of the Protective Area in the Lake Hatch/Field-Sunrise Field, whereby Southdown Lands, Inc. acquired fee title to the subject property from Southdown, Inc. See, Conveyance from Southdown, Inc. to Southdown Lands, Inc. dated June 17, 1970 [EDC Exhibit 22/St. Martin Exhibit 11]. Thereafter as discussed in detail below, by virtue of a mineral conveyance dated May 3, 1971, effective January 1, 1971, recorded under Entry No. 402359 of the records of Terrebonne Parish, Pelto Oil Company [EDC’s predecessor] was granted a mineral servitude by Southdown Lands, which included the 170 acre tract, the 1000 acre tract and the two unit tracts at issue in these consolidated proceedings. B. The May 3, 1971 Mineral Conveyance Agreement As previously mentioned, on June 17, 1970, Southdown, Inc. conveyed to South-down Lands, Inc., fee title to all properties listed on an attached Exhibit “A”, which describes the properties conveyed, incorporating by reference previously recorded documents, which specifically describe the property. In other words, the land referred to in June 17, 1970 conveyance to Southdown Lands, Inc. is described in the act as “the lands listed on the Exhibit attached hereto as Exhibit ‘A’....” ' A review of Exhibit “A” to the June 17, 1970 conveyance to Southdown Lands, Inc. reveals the Terrebonne Parish recordation of a 1944 mortgage by a prior owner in the chain, Realty Operators, Inc., in favor of Jefferson Standard Life Insurance Company, recorded under MOB 90, Entry No. 56703. The 1944 mortgage and the description of lands set forth therein were specifically incorporated by reference. Exhibit “A” to the June 17, 1970 Conveyance states in pertinent part: “reference to which documents as so recorded being made for all legal purposes to the same effect as though the said documents and a description of lands therein described were copied herein in extenso....” The June 17, 1970 Conveyance to South-down Lands, Inc. along with its Exhibit “A” was recorded at entry number 383344 of the records of the Terrebonne Parish Clerk of Court on June 24,1970. It was stipulated that “Southdown Lands, Southdown Inc., and Realty Operators are all predecessors in title to the St. Martin Group, the Staggs, the Fisters and the Foundation by virtue of the following chain of title: EDC Exhibits 73, 64, 141, 141A, 141B, 50, 138/48, 38, 243, 242, 241, 194/147, 193, 192/146, 191, 47, 46, 45, 34, 197, 196, 240, 238, 238A, 237, 236, 235, 134/27, 133/29, 131/22, 129/8, 127/5, 124/1, 125/2, 3, 212, 122, 123, 213, and 121.” Following Southdown, Inc.’s June 17, 1970 sale of its fee title interest to all of its land, including the lands located in all “Productive Areas” and “Protective Areas” to Southdown Lands Inc., Southdown Lands Inc. conveyed to Pelto Oil Company [EDC’s predecessor in title], a mineral servitude covering all of its interest in all oil, gas and minerals in the lands then owned by it, including those lands located in the “Protective Area” of the Lake Hatch/Sunrise Field, by deed dated May 3, 1971 [EDC Exhibit 26]. By its terms the May 3,1971 instrument conveys to Pelto (EDC’s predecessor) “all of grantor’s right, title and interest to all oil, gas and other minerals” located in the various tracts described by the attached Exhibit “A”, with the exception of rights that had been previously conveyed. The May 3, 1971 Mineral Conveyance set forth the following specific exception, to wit: “1). There is excepted from the Conveyance here made all mineral rights, royalties and leasehold interests heretofore conveyed or transferred by Vendor or its predecessors in title to third parties or terminated by prescription.” [EDC Exhibit 26]. As previously discussed above in Section A of the this Memorandum Opinion, the obligation prescribed by the August 31, 1966 agreement, was merely a conditional future obligation regarding the Protective Area, which was, in any event, limited to specific sands or “horizons” in the Protective Area, such that there remained mineral rights in the Protective Area capable of being conveyed via the May 31,1971 Conveyance to Pelto Oil Company, EDC’s predecessor. Also as previously mentioned, Exhibit “A” to the May 3, 1971 agreement contained no property description per se, but it did incorporate by reference the June 17, 1970 Conveyance, an act recorded act in Terrebonne Parish, to wit: “1). That certain sale of property from Southdown Inc., to Southdown Lands, Inc., passed before Luther E. Hall, Jr., Notary Public in and for Orleans Parish, Louisiana under the date of June 17, 1970, and recorded as follows.... ” [EDC Exhibit 22], This is followed by recordation references including the act recorded in Terrebonne Parish, at COB 496, entry no. 383344 (i.e., the June 17, 1970 Conveyance referred to herein above). Also, and as previously mentioned, the June 17, 1970 Conveyance [EDC Exhibit 22] describes the lands as the “the lands listed on the Exhibit attached as Exhibit “A”, which in turn incorporates by reference the description of lands set forth in Realty Operators’ September 8, 1944 mortgage, recorded in Ter-rebonne Parish at MOB 90, entry number 56703. [EDC Exhibit 96], Turning to the relevant September 8, 1944 Act of Mortgage [EDC Exhibit 96/St. Martin Exhibit 5], entry number 56703, MOB 90, recorded in the records of the Terrebonne Parish Clerk of Court on September 9, 1944, it is a “metes and bounds” description of the single large contiguous mineral servitude (i.e., the May 3, 1971 Mineral Conveyance), at issue in this case. C. Discussion of Evidence Presented and the Applicable law The obligation in the August 31, 1966 agreement is clearly with respect to: (1) mineral rights in connection with certain listed sands only, which sands are located in the Protective Area; (2) the conveyance of such rights in the future; and (3) conditioned upon the occurrence of an event that may or may not ever occur. [EDC Exhibit 13]. In determining the intention of the parties to a contract, the clear wording of the contract which speaks to “the common intent of the parties” cannot be ignored. Civil Code Article 2053 provides the frame work for interpretation in the case where a contractual provision is perceived as doubtful and states: A doubtful provision must be interpreted in the light of the nature of the contract, equity, usages, the conduct of the parties before and after the formation of the contract, and of other contracts of a like nature between the same parties. La. Civ.Code art.2053. (emphasis supplied). It is difficult if not impossible to reasonably conclude, as the St. Martin Croup urges, that the subject Protective Area was somehow excluded from the later May 3, 1971 conveyance by its specific exclusionary language. If that were the case, the facts before the Court would be that after May 3, 1971, Southdown Lands, Inc. and/or its successors, and not Pelto and its successor EDC, would have granted mineral leases covering the much-discussed Protective Area. The facts before the Court regarding the conduct of the parties after the formation of the contract are indisputedly that no less than twenty-two (22) mineral leases covering portions of the Protective Area were executed by Pelto Oil Company, and/or its successor, EDC, subsequent to May 3, 1971. There is no evidence to the effect that any mineral leases covering any portion of the Protective Area at issue were executed by Southdown Lands or its successors to the surface ownership of the Protective Area during the twenty-six (26) year period following the May 3, 1971 conveyance. That record remained unbroken until May of 1997, when the St. Martins granted a lease to LL & E. The evidence before this Court further shows that five (5) wells were drilled within the subject Protective Area by lessees of Pelto Oil Company and/or EDC subsequent to May 3, 1971. [EDC Exhibits 152 in globo and 166]. Also, the Court cannot ignore the fact of the June 24, 1982 mineral assignment by Pelto to Aminoil regarding “Known Productive Sand” labeled “D-12” on Exhibit “I” to the August 31, 1966 agreement. The June 24, 1982 Pelto/Aminoil assignment [EDC Exhibit 52] recognized that it was being made in conformance with the obligations imposed by the August 31, 1966 agreement. [EDC Exhibit 13]. The Pelto/Aminoil mineral assignment (EDC Exhibit 52) states that “Pelto ... is the owner of the oil, gas and other minerals formerly owned by Southdown, Inc., under the instrument effective as of August 31, 1966” and that the mineral conveyance of a 60% mineral interest is being made “in conformance with the obligations imposed in said Conveyance.” [EDC Exhibit 52]. Simply stated, the defendants have identified no shortfall in the 1966 agreement which would negate the later conveyance of a single large contiguous mineral servitude, on May 3, 1971. Per the August 31, 1966 agreement, future conveyances in the Protective Area referred to were with respect to certain sands and are conditional future obligations. In this vein, the 1966 agreement does not refer to any servitude or to the Protective Area as a servitude, but rather uses the precise term mineral “rights,” to be conveyed in the Protective Areas (i.e., conditional future rights). See, La. Civ.Code arts., 1767, 1775. Counsel for EDC correctly points out that even if this Court were to assume that the August 31,1966 affected some immediate or present right, such mineral right by the terms of the August 31, 1966 agreement itself affects only the twenty (20) listed sands or horizons. Louisiana’s Mineral Code at La.Rev.Stat. 31:68 permits the creation of mineral servitudes with respect to certain sands or “horizons” and not others. Therefore, even assuming a mineral servitude as to certain sands, there is no basis for this Court to conclude that all depths, sands or “horizons” were conveyed by the August 31, 1966 agreement leaving nothing to convey to Pelto in the May 3,1971 Mineral Conveyance. The Court agrees with EDC, that even one such horizon remaining unaffected by the 1966 agreement would make EDC’s one large servitude contiguous. Regarding the conditional future obligation with respect to the twenty listed sands within the “Protective Area”, the Louisiana Civil Code pretermits any finding that such a conditional future obligation in the 1966 agreement so burdened the “Protective Area” as to take it out of commerce. Louisiana Civil Code article 1775 states in no uncertain terms that: Fulfillment of a condition has effects that are retroactive to the inception of the obligation. Nevertheless, that fulfillment does not impair the validity of acts of administration duly performed by a party, nor affect the ownership of fruits produced while the condition was pending. Likewise, the fulfillment of the condition does not impair the right acquired by third persons while the condition was pending. La. Civ.Code art. 1775 (emphasis added). Comment (b) to Article 1775 goes explains that “[w]here immovable property is concerned, any conflict must be resolved in light of the public records doctrine.” Id. at Comment (b). No doubt, at the time of the defendant surface owner’s acquisitions (EDC Exhibits 73, 196, 197, 238, 240, 242, and 243) of the respective tracts at issue in these consolidated proceedings, under the public records doctrine each had a right to determine whether each such tract acquired was burdened with a servitude created by the May 3, 1971 conveyance. Exhibit “A” to the May 3, 1971 conveyance effectively communicates notice to third parties and permits finding that each such tract acquired was burdened by a single large contiguous servitude. The May 3, 1971 Mineral Servitude incorporated by reference other recorded instruments (i.e., the June 17, 1970 Conveyance [EDC Exhibit 22], which in turn incorporated the 1944 mortgage [EDC Exhibit 96] ). It is the description in Realty Operators’ 1944 recorded mortgage upon which EDC bases its mineral servitude on the tracts at issue in this case, including the “Protective Area,” and the contiguous acreage described therein. Realty Operator’s 1944 Mortgage described the tracts at issue and contiguous lands by section, township, plantation name [i.e., Waterproof], and by frontage on the bayou and by adjacent lands. With respect to the EDC’s single large contiguous servitude, Mr. Ralph Gipson (“Mr.Gipson”), EDC’s expert surveyor, painstakingly went through the exercise of walking this Court line by line, mete by mete, bound by bound, around the entirety of EDC’s single large contiguous servitude. He read aloud each affected tract from the 1944 mortgage and illustrated where each such tract was located utilizing EDC Map 6 [EDC Exhibit 162] for purposes of the exercise, highlighting in yellow to indicate contiguous acreage, and coloring in green each such tract. The 1944 mortgage unquestionably contains the description of EDC’s single large contiguous mineral servitude. Mr. Gipson’s coloring on Map 6, illustrated graphically for the Court the contiguity among the tracts described in the 1944 Mortgage. Article 63 of Louisiana’s Mineral Code states that: “A single mineral servitude is created by an act that affects a continuous body of land although individual tracts or parcels within the whole are separately described.” La.Rev.Stat. 31:63. Now addressing the St. Martin Group’s concerns with the adequacy of the property description set forth in the 1944 mortgage, issue was taken with respect to: (1) the northeastern boundary of EDC’s servitude [i.e., that portion of Mandalay Plantation lying in the west 569 acres of Section 104, Township 17 South, Range 17 East]; and (2) that portion of the Waterproof Plantation lying to the west of the east 600 feet of Section 60, Township 17 South, Range 16 East, being that portion of the plantation that was not also identified by section, township and range in the 1944 mortgage (i.e., the northwestern boundary of EDC’s servitude). Considering such protestations, the Court can hardly ignore the June 23, 1992 Contran sale to Michael St. Martin involving the approximate 1000 acre tract at issue (EDC Exhibit 73) in this case. Mr. Gipson pointed out that it contains a “metes and bounds” description of the entire tract being acquired by the St. Martins and, not unlike the 1944 mortgage, provides several references to the Mandalay Plantation at Exhibit “A” (i.e., the actual property description). Vol.II, p. 106). (Transcript, In particular, Gipson noted the call, “north 61 degrees, 6 minutes east, a distance of 7,786 feet, plus or minus, to a point on the eastern property line of Mandalay Plantation” and “a distance of 895 feet, plus or minus, to a point of intersection of said property line.” (Transcript, Vol. II, p. 107, 11. 6-20/EDC Exhibit 73 at Exhibit “A”). The sum and substance of the aforesaid testimony is that prior to the time of the St. Martins’ July 23, 1992 acquisition from Contran the eastern boundary of the Mandalay Plantation was discernible and had been located by Mr. Camp, defendants’ expert surveyor. The St. Martin’s deed of acquisition from Contran in 1992 made calls and references to that very same boundary. Counsel for EDC aptly describes the St. Martins’ attack of the eastern boundary of EDC’s servitude, as tantamount to an attack on the eastern boundary of their own surface ownership. Referring both to recorded documents and extrinsic evidence, Mr. Gipson testified credibly as to what inquiry would have revealed with respect to the eastern boundary of Mandalay Plantation and the western boundary of Waterproof. Gipson adopted a 1979 Charles Camp survey. It is evident that Mr. Camp, defendant’s expert, surveyed the same line in the context of a composite survey of Waterproof and Mandalay Plantations (EDC Exhibit 141A), which survey was recorded on January 31, 1986, more than six years prior to the St. Martins’ acquisition from Contran which had the same eastern boundary on June 23, 1992. (Tr. Vol.II, pp. 103-104). The Camp survey (EDC 141A) was also recorded prior to the Foundation’s acquisitions in December 1989 and 1991 (EDC Exhibits 196 and 197) and Staggs’ acquisitions in September 1987 and February 1988 (EDC Exhibits 242 and 243). The Court has been cited no authority for the proposition that EDC must establish the outermost limits of its servitude. More to the point, research reveals no authority which would require proof of “the outermost limits” of the mineral servitude at issue, that is, limits which have nothing to do with the defendant surface owners’ servient estates or the mineral operations at issue in this case. The evidence of record is clearly to the effect that the northwest boundary of EDC’s servitude does not affect and is not anywhere near the four tracts at issue in these consolidated proceedings. In any event, Mr. Gipson testified credibly that the western boundary of Waterproof Plantation had been surveyed, by Mr. Camp himself, and that the Camp survey was attached to a 1980 Boundary Agreement between A.L. Daspit, et al, and J.G. Robbins, then owner of Waterproof Plantation. Mr. Camp testified that: (1) Waterproof Plantation was in the general area of Sections 59 and 60; (2) historically, the tree line located in Section 59 marked the western boundary of Waterproof Plantation (i.e., the boundary between Waterproof and Flora Plantations). Camp’s survey was recorded in April 1981, well before the defendant surface owners acquired their respective tracts. The Court concludes that the description in the 1944 mortgage “locates the lands with sufficient certainty to be located by any one who is at all familiar with locating lands.” The documentary and testimonial evidence demonstrate that both Mr. Gip-son (EDC’s expert surveyor), and Mr. Camp (the St. Martin Group’s expert surveyor), had little difficulty locating the boundaries called in the 1944 mortgage. Mr. Keith Hebert utilized the chart set forth at EDC’s Exhibit 245, to illustrate the respective parties common chain of title from 1971 and prior thereto, going back to 1897. The Court uses the term common chain of title to connote common as between EDC, the St. Martin Group, the Fisters, the Staggs, and the Foundation — that is, the surface and minerals were common from May 31, 1971 back in time. Transcript, Vol. IV, p. 324. Mr. Hebert pointed out that the February 26, 1931 David Pipes, et al mortgage to Prudential (EDC Exhibit 150) covered properties being described as the west 569 acres of Section 104 and other properties, which were referred to as the Mandalay Plantation. He also noted that the single page plat (EDC Exhibit 144) was referred to in the 1931 Pipes mortgage property description (EDC Exhibit 150). Mr. Hebert pointed out that the mortgagors’ deed of acquisition contained the same property description as the one in the 1931 Pipes mortgage. He went on to explain that he found yet another Pipes, et al, mortgage (EDC Exhibit 151), which referenced the blue map by T. Baker Smith (EDC Exhibit 144). Within the body of this second Pipes, et al mortgage, just like the first, there is a description of Mandalay Plantation and other properties. David Pipes, et al, were the immediate predecessors in title to Realty Operators (EDC Exhibit 121), which executed the mueh-talked-about 1944 mortgage (EDC Exhibit 96/Ad-dendum E). Also, David Pipes, et al, were predecessors in title to the St. Martin Group, the Foundation, the Fisters, and the Staggs. Transcript, Vol. IV, pp. 324-330. Further, and insofar as notice is concerned, the Court cannot turn a blind eye to the fact that several conveyances to the St. Martin Group affecting 170 acre and the 1,000 acre tracts at issue, acknowledge the existence of the servitude, to wit: (1) the June 23, 1992 Contran Realty sale to Michael St. Martin (EDC Exhibit 73) acknowledges the existence of the mineral servitude wherein it states that the vendor and vendee acknowledge with the Exception of “B”, more particularly described on Exhibit “B” and without intending to interrupt any prescriptive periods which may be presently accruing as to oil, gas, and other minerals lying in, on, or under the subject property, have been previously conveyed; (2) the June 11, 1984 AG-Lands Investment sale to Michael St. Martin (EDC Exhibit 192), which notes at page 2, paragraph 2, that “[n]o minerals underlying the subject property are transferred herein, same having been severed by ancestors in title;” and (3) the October 24, 1984 AG-Lands Investment sale to Michael St. Martin (EDC Exhibit 194), similarly states at page 2, paragraph 2, that “[n]o minerals underlying the subject property are transferred herein, same having been severed by ancestors in title.” Transcript, Vol. IV, pp. 336-338. The properties covered in the June 23, 1992 Contran Realty sale are the southern half of west 569 acres of Section 104, the properties covered in the June 11, 1984 AG-Lands sale are the center of the western 569 acres of Section 104, and in both Hebert’s/Gipson’s opinions, the two tracts covered in the October 24, 1984 AG-Lands sale lay within Section 104 are in the western half of the western 569 acres of Section 104, Township 17 South, Range 17 East. Id. at pp. 338-339, 349. Finally, Mr. Hebert pointed out that his search of the Terrebonne Parish Courthouse revealed an instrument titled “Act of Subordination Sale of Property, and Conveyance of Servi-tudes” (EDC Exhibit 48) involving Pelto Oil, Aminoil Development, Mr. Thomas Goldsby, Jr., James Robbins, and Valhi, Inc., predecessors in title to the St. Martin Group, the Staggs and the Fisters. Transcript, Vol. IV, pp. 339-341. The description of property set forth in the 1944 mortgage does not merely describe the property by reference to the plantation names only. However, the Court here notes that Louisiana cases hold that the name of the plantation itself must be considered in identifying the property. In Emerson v. Cotton, 209 La. 1003, 26 So.2d 16, 18 (1946), the court stated: This Court has held in a number of cases that where a plantation or property known by a specific name was conveyed, the name itself must be considered in identifying the property. In fact, some of the decisions go so far as to state that the name itself is almost a sufficient description. Levy v. Ward, 33 La.Ann. 1033; Dickson v. Dickson, 36 La.Ann. 870; Bryan v. Wisner, 44 La.Ann. 832, 11 So. 290; Robinson v. Atkins, 105 La. 790, 30 So. 231; Suthon v. Laws, 127 La. 531, 53 So. 852. Id. In the case at bar, as illustrated at length in Gipson’s exercise discussed herein above, the 1944 mortgage locates the plantation by name and parish, on the left descending bank of Bayou Black, and gives the frontage and depth and identifies the adjoining landowners. This description of lands in the recorded 1944 mortgage, which description was incorporated by reference into the May 3, 1971 Mineral Conveyance, was sufficient to convey immovables under applicable Louisiana law and to put the defendant surface owners on notice, that the May 3, 1971 Mineral Servitude covered one large contiguous area which covered the four tracts at issue and the pertinent mineral operations which maintained the single large servitude. The Court finds that EDC has met its burden of proof under Louisiana Civil Code article 730 and other pertinent Louisiana law. The applicable law is precisely to the effect that utilizing the public records, the property at issue (i.e., the contiguous servitude insofar as it -covers the four tracts at issue and pertinent mineral operations) must be located and identified, to wit: The description in a deed must be such that the property intended to be conveyed can be located and identified, and the general rule is that the description must fully appear within the four corners of the instrument itself, or that the deed should refer to some map, plat, or deed as a part of the description, so that the same may be clear. Daigle v. Calcasieu Nat’l Bank in Lake Charles, 200 La. 1006, 9 So.2d 394, 397 (1942) (emphasis supplied). The Court simply disagrees with the St. Martin Groups’ argument that they were entitled to ignore 1944 mortgage recorded in Terrebonne Parish, since it was not attached to the May 31, 1971 Conveyance, but was instead referred to and incorporated by reference. Considering the stipulation of the parties set forth at item 38 of the pre-trial order, operations on the southern portion of EDC’s single contiguous servitude were sufficient to maintain the EDC’s entire servitude. Notwithstanding the stipulation, counsel for EDC preferred not to rest on the stipulation only. That was because of the St. Martin Groups’ argument that the property descriptions were inadequate with respect to the western boundary of Waterproof Plantation and the eastern boundary of Mandalay Plantation. EDC thus, went the step further and adduced evidence which sufficiently proved that EDC did not rely on any mineral operations in either of the contested areas for the maintenance of its single large contiguous servitude. Mr. Hebert’s uncontroverted testimony in that vein was that since 1971, the longest period of time between spud dates of wells drilled on the servitude, (less and except the Protective Area, the entirety of Section 104 T17S, R17E, and the part of Waterproof Plantation not identified by section, township and range), was 5 years and nine months—that is, well within the 10 year prescriptive period set forth in article 27 of the Mineral Code. (Transcript, Vol.IV, p. 306). Regarding productive wells none were located in Section 104 T17S R17E or had a bottom hole location anywhere within the Protective Area. (Transcript, Vol.IV, p. 312). Mr. Hebert further testified that eight (8) years was the longest span of time since 1971 in which there was no production from any well drilled on the entire servitude. IV. CONCLUSION For the reasons cited hereinabove and considering the evidence and the applicable law, it is this Court’s considered opinion that EDC’s predecessor, Pelto Oil Company, acquired a single large contiguous mineral servitude that at least covered the four tracts at issue. It acquired such a servitude via Mineral Conveyance dated May 3 1971, effective January 1, 1971, recorded under Entry No. 402359 of the records of Terrebonne Parish, which contained an adequate property description in that it incorporated by reference other recorded instruments that sufficiently described the location and extent of the large single contiguous servitude at issue. Finally, the aforesaid mineral servitude has been maintained, such that EDC is the owner of sums that have been deposited in the registry of this Court by LL & E and is further entitled to all future payments of all royalty on future production which are attributable to it and its assigns, as Operator of the 88 RA SUA and 88 RB SUA units. Accordingly, IT IS ORDERED that the declaratory judgment action filed on behalf of the plaintiff Energy Development Corporation is GRANTED and judgment shall issue in favor of Energy Development Corporation and against the defendant surface owners herein, the St. Martin Group, the Foundation, the Staggs, and the Fisters, each party to bear them own costs. IT IS FURTHER ORDERED that counsel for Energy Development Corporation shall forthwith submit the proposed form of judgment, consistent with the foregoing opinion of this Court. ADDENDUM “A” I.STIPULATIONS DERIVED FROM ENERGY DEVELOPMENT CORPORATION’S PROPOSED FINDINGS OF FACT 1. Michael St. Martin, husband of/and Virginia Rayne St. Martin (the “St. Martins”) are individuals who reside in Houma, Louisiana. 2. Quality Environmental Processes, Inc. (“Quality”) is a Delaware corporation, with its principal place of business in Louisiana. (The St. Martins and Quality will be referred to hereafter as the “St. Martin Group”.) 3. Bayou Area Children’s Foundation, Inc. (the “Foundation”) is a Louisiana corporation, domiciled in Terrebonne Parish, Louisiana. 4. Samuel J. Stagg, 111, M.D., husband ofland Julie M. Stagg (the “Staggs”) are individuals who reside at 3613 Bayou Black Drive, Houma, Louisiana. 5. James G. Fister, husband of and Linda F. Fister (the “Fisters”) are individuals who reside at 3449 Bayou Black Drive, Houma, Louisiana 70360. 6. Louisiana Land and Exploration Company (“LL & E”) is a Maryland Corporation with its principal place of business in Texas. 7. Energy Development Corporation (“EDC”) is a Delaware corporation, which at the time of all the claims in these consolidated proceedings was a New Jersey corporation with its principal place of business in Oklahoma. FACTS RE DECLARATORY JUDGMENT 8. DENIED. 9. ADMITTED PER ST. MARTIN’S RESPONSE WHICH FOLLOWS: On each of the plats attached to the August 31, 1966 agreement are blue outline^) reflecting the boundaries of that particular Productive Area(s) within which Southdown, Inc. was conveying a mineral servitude to Southdown Exploration. The relevant plat to this litigation is the plat attached to the 1966 agreement as Exhibit “D”. 10. In this same August 31, 1966 instrument, Southdown Inc. obligated itself, subject to the condition described below, to make future conveyances to Southdown Exploration of the minerals in certain specifically identified sands, called Known Productive Sands, located in lands surrounding the Productive Areas. These lands surrounding the Productive Areas were called Protective Areas. 11. This obligation to make future conveyances of any of the listed Known Productive Sands in the Protective Areas was conditioned on any such named sand being found at some future date to be capable of production in the Protective Areas. 12. These Known Productive Sands for the “Lake Hatch Field-Sunrise Field” were twenty in number and were listed and described on Exhibit “I” to the August 31,1966 conveyance. 13. There is no obligation in the August 31, 1966 agreement with respect to the Lake Hatch Field-Sunrise Field, conditional or otherwise, to make future conveyances of minerals in the subject Protective Area in any sands or depths other than the twenty listed sands. 14. Neither the tracts which are the subjects of these two consolidated suits for declaratory judgment, nor the unit tracts which are the subject of LL & E’s consolidated interpleader suit are in either the Productive or Protective Areas described in Exhibit “M” to the August 31, 1966 agreement. 15. DENIED AS WRITTEN. 16. Admitted that the June 17, 1970 conveyance from Southdown, Inc. to South-down Lands (EDC #22) was executed, recorded, and speaks for itself. 17. The property being conveyed in the June 17, 1970 conveyance was described in Exhibit “A” attached thereto by reference to previously recorded documents. Exhibit “A” to EDC Exhibit 22 reflects that there is only one Terrebonne Parish entry, a mortgage by a prior owner in the chain, Realty Operators, Inc. in favor of Jefferson Standard Life Insurance Company, recorded under MOB 90, Entry No. 56703. (EDC Exhibit 96). 18. Southdown Lands, Southdown Inc. and Realty Operators are all predecessors in title to the St. Martin Group, the Staggs, the Fisters and the Foundation by virtue of the following chain of title: EDC Exhibits 73, 64, 141, 141A, 141B, 50, 138/48, 38, 243, 242, 241, 194/147, 193, 192/146, 191, 47, 46, 45, 34, 197, 196, 240, 238, 238A, 237, 236, 235, 134/27, 133/29, 131/22, 129/8, 127/5, 124/1, 125/2, 3, 212, 122,123, 213, and 121. 19. DENIED. 20. DENIED. 21. DENIED. 22. Admitted that the May 3,1971 Mineral Conveyance (EDC #26) was executed, recorded, and speaks for itself. 23. Exhibit “A” to the May 3, 1971 mineral conveyance contains property descriptions by reference to previously recorded instruments, one of which is EDC Exhibit 22. 24. DENIED. 25. DENIED. 26. The St. Martins, the Staggs, the Fis-ters, the Foundation and Quality (“the surface owners”) are the surface owners of various tracts of land in Terrebonne Parish Louisiana, the minerals underlying which are at issue in these consolidated cases. 27. The surface owners and EDC share the following ancestors in title and have common chains of title, inter alia, in the following respects: A. DENIED. B. DENIED. C. ADMITTED AS CHANGED. Realty Operators is a predecessor in title of the St. Martin Group by virtue of EDC Exhibits 73, 64, 50, 38, 27/134, 29/133, 22/131, 8/129, 97, 97A, 179, 5/127, 3, 2/125, 1/124, 212, 213, 122, 123, 121, 194/147, 193, 192/146, 191, 47, 138/48, 46, 45, and 34. D. Realty Operators is a predecessor in title of the Bayou Area Children’s Foundation tracts by virtue of EDC Exhibits 27/134, 29/133, 22/131, 8/129, 5/127, 212, 1/124, 121, 192/146, 196, 197, 191, 47, 138/48, 46, 45, and 34. E. Realty Operators is a predecessor in title to the Fisters by virtue of EDC Exhibits 27/134, 29/133, 22/131, 8/129, 5/127, 1/124, 212, 121, 191, 47, 138/48, 235, 236, 237, 238, 238A, 240, 46, 45, and 34. F. Realty Operators is a predecessor in title to the Staggs by virtue of EDC Exhibits 27/134, 29/133, 22/131, 8/129, 5/127, 3, 213, 212, 1/124, 122, 121, 241, 242, 243, 47,138/48, 46, 45, and 34. G. DENIED. H. ADMITTED AS CHANGED. Mary Minor Pipes, David W. Pipes, Jr., Margaret Minor Erumbhaar and Charles C. Krumbhaar, jointly, are the predecessors in title of Realty Operators, Inc. and to the St. Martins in the three conveyances described above by virtue of EDC Exhibits 117, 220, 221, 222, 148A, 223, 225, 118, 224,' 119,120, 226, 227, and 121. I. DENIED. J. The mortgage (EDC Exhibit 149) refers to a plat entitled “Lands of Estate H.C. Minor” recorded in Conveyance Book 96, Entry No. 11063. K. ADMIT THAT THE DOCUMENT WAS EXECUTED, RECORDED AND SPEAKS FOR ITSELF (EDC EXHIBIT 151). L. DENIED. M. DENIED. 28. The following documents were of record before any of the surface owners in this litigation acquired their interest in the surface: 1. 1926