Siemon

This is an action for declaratory relief. The trial court granted defendant’s motion for summary judgment. Plaintiffs have appealed.

The property here in question is located at Vermont Avenue and 125th Street, in the city of Los Angeles, consists of a parcel of 4 acres of vacant land, and is situated within the oil-producing area known as the Athens Field. In 1947 the then owners of the property executed an oil and gas lease with defendant Russell. As a result, he has drilled one well which is still producing at the rate of nine or ten barrels of oil per day. The lease provides: “The possession by the Lessee of said land shall be sole and exclusive, excepting only that the Lessor reserves the right to occupy said land or to lease the same for agricultural, horticultural, or grazing uses, which uses shall be carried on subject to, and with no interference with, the rights or operations of the Lessee hereunder.” The lease further provides that the lessee may construct, maintain, etc., pipelines, tanks, machinery, buildings and other structures which the lessee may desire in carrying on its business and operations on said land or on adjoining or neighboring premises operated by…