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HomeMy WebLinkAbout2368 - Permit to Deposit Dredged Materials- -A rte' 1 RESOLUTION NO. 2 RESOLUTION TO PERMIT DEPOSITING OF DREDGE MATERIALS • 3 4 WHEREAS, the United States of America has this day applied 5 for a permit to deposit dredge materials on certain tide or 6 submerged lands, or other lands of the city of Newport Beach, in 7 connection with the improvement of Newport Harbor, by the United 1 1 8 9 10 11 12 13 14 15 I6 I7 I8 I9 20 21 22 23 24 25 2� 27 m • 29 P 30 32 LAW OFFICES OF ROLAND THOMPSON liu SPU.GEON BLDG. SANTA ANA CALIF. States of America; and • WHEREAS, it is necessary that dredge materials be deposited seaward of the line of mean or ordinary high tide of the Pacific Ocean, and to an elevation of twelve (12) to fourteen (14) feet above mean lower low water, back to a point where the fourteen foot elevation intersects with the upland, and in accordance the plans of the City Engineer of the City of Sewport Bea hich plans have been approved by the City Council of the cit ewport Beach and are on file herein; and WHEREAt, it appears to the City of Newport Beach that the improvement aforesaid contemplated by the United States of America will be to the advantage, benefit and best interests of said city of Newport Beach, and that in order that said work of improvement maq be properly carried on and completed in accordance with the phut• of the United States of America, it is necessary that the City of Newport Beach permit the dumping of dredge materials on certain of its tide or submerged lands, and other lands of the City of Newport Beach, as in said written permit set forth. NOW, THEREFORE, BE IT RESOLVED: That said permit to deposit or dump dredge materials by the United States of America, in connection with the improvement of Newport Harbor as aforesaid, by the United States of America, be and the same is hereby granted to the said United States of America, its agents, servants, employees °contractot�t and subcontractors performing the work of improvement herein mentioned, upon the terms and conditions specified in said written permit. 1. ORIGINAL DOCUMENT NOT LEGLRt-F 0 Qf1IGINAL DOCUMEN1 NOT LEGIBLE I . 1 BE IT FURTHER RESOLVED: That the Mayor and City Clerk 2 of the city of Newport Beach be, and they are hereby authorized, 3 directed and instructed to execute on behalf of the city of 4 Newport Beach, a written permit granting to the said United States 5 of America, its employees, servants, agents, contractors and sub. - 6 contractors, performing the work of improvement herein mentioned, 7 the right and privilege of dumping dredge materials, dredged from g Newport Harbor by the United States of America, in the work of 9 improvement herein contemplated by said ted States of America, 10 on certain tide or submerged lands and r lands of the city of 11 Newport Beach, as in said written perms forth, at the 12 locations specified in said written perms 13 B -IT FURTHER RESOLVED: That sai itten permit be 14 deli United States of America, to its proper 15 outhori er with a certified copy is resolution, 16 b3f. the C-Itt f the city of Newport Be I7 18 heraby.oertify t 19 kwas duly and regularly passe 20 the city of Newport Beach, at 21 the 4th day of Augst, 1941, by 22 23 8 24 V=..,. 0 29 30 31 32 LAW OFFICES OF RO LAN O,.: : -: 210 -- SANTA ANA VW b = d f Ing resolution opted th Council qLi A_ lar me: follo 4 5 6 7 8 9 10 11 12 13 14 15 I6 I7 I8 I9 20 21 22 23 24 25 26 27 28 29 30 31 32 PERMIT TO DEPOSIT DREDGE MATERIALS on city owned lands WHEREAS, the United States of America, by and through its proper authorities, contemplates the doing of certain work of improvement in Newport Harbor in the city of Newport Beach, Orange County, California, said work in part consisting of the maintenance dredging to restore project depths of 20 feet below mean lower low water around the County wharf in the turning basin at the northwest end of Newport Harbor; and WHEREAS, the said United States of America will need grounds near the work of improvement to deposit the dredge materials; and WHEREAS, the City of Newport Beach has agreed to furnish certain lands to the United States of America, belonging to the City of Newport Beach, on which said dredge materials may be deposited; and WHEREAS, it appears to the City Council of the city of Newport Beach that the improvement aforesaid contemplated by the United States of America, will be to the advantage, benefit and best interests of the City of Newport Beach, and that in order that said work of improvement may be properly carried on and completed in accordance with the plans of the United States of America, it is necessary that the City of Newport Beach permit the dumping of dredge materials on certain of its tide lands or submerged lands, and other lands hereinafter mentioned. NOW, THEREFORE, in consideration of the application of the United States of America for grounds to dump its dredge materials on, and the direct benefits that the city of Newport Beach will derive from the work of improvement herein mentioned, permission and privilege is hereby given the United States of America, its agents, servants, employees, contractors and subcontractors, upon the conditions hereinafter specified, to LAW OFFICES OF OMPSD 210 SPU RG 1 210 SPUGE EON BLDG. , SANTA ANA CALIF. V. x•: _ J 1 2 3.; s 4 5 6 7 8 9 10 11 12 13 14 15 I6 I7 I8 I9 20 21 22 23 24 25 26 27 28 29 30 31 32 PERMIT TO DEPOSIT DREDGE MATERIALS on city owned lands WHEREAS, the United States of America, by and through its proper authorities, contemplates the doing of certain work of improvement in Newport Harbor in the city of Newport Beach, Orange County, California, said work in part consisting of the maintenance dredging to restore project depths of 20 feet below mean lower low water around the County wharf in the turning basin at the northwest end of Newport Harbor; and WHEREAS, the said United States of America will need grounds near the work of improvement to deposit the dredge materials; and WHEREAS, the City of Newport Beach has agreed to furnish certain lands to the United States of America, belonging to the City of Newport Beach, on which said dredge materials may be deposited; and WHEREAS, it appears to the City Council of the city of Newport Beach that the improvement aforesaid contemplated by the United States of America, will be to the advantage, benefit and best interests of the City of Newport Beach, and that in order that said work of improvement may be properly carried on and completed in accordance with the plans of the United States of America, it is necessary that the City of Newport Beach permit the dumping of dredge materials on certain of its tide lands or submerged lands, and other lands hereinafter mentioned. NOW, THEREFORE, in consideration of the application of the United States of America for grounds to dump its dredge materials on, and the direct benefits that the city of Newport Beach will derive from the work of improvement herein mentioned, permission and privilege is hereby given the United States of America, its agents, servants, employees, contractors and subcontractors, upon the conditions hereinafter specified, to LAW OFFICES OF OMPSD 210 SPU RG 1 210 SPUGE EON BLDG. , SANTA ANA CALIF. V. x•: cC 3211 employees, contractors and subcontractors free and harmless from all LAW OFFICES OF ROLAND THOMPSON 3 210 SPUNGEON BLDG. SANTA ANA CALIF. , 1 In consideration of the United States of America, through 2 its agents, servants, employees, contractors or subcontractors, • 3 doing the work of improvement herein mentioned, and the benefits 4 that the city of Newport Beach will derive from said work of 5 improvement, the said city of Newport Beach specifically agrees 6 with the said United States of America, its agents, servants, 7 employees, contractors and subcontractors aforesaid, that the said 8 City of Newport Beach is lawfully seized in fee simple of all tide 9 lands and submerged lands of the Pacific Ocean in the City of 10 Newport Beach, County of Orange, State of California, as well as 11 certain uplands abutting thereon; that it has the legal right to 12 grant permission do said United States of America, its servants, 13 agents, employees, contractors and subcontractors, doing the work 14 of improvement, to dump all dredge materials along its said water 15 front aforesaid. That said tide lands are free from encumbrances 16 and the said United States of America, its servants, employees, 17 agents, contractors and subcontractors shall quietly enjoy the 18 same without lawful disturbance, and that said City of Newport 19 Beach will forever warrant and defend the title to said tide or 20 submerged lands, and other lands as aforesaid, on which dredge 21 materials may be deposited as aforesaid, against every person 22 lawfully claiming or to claim the same, and further agrees and 23 warrants to hold the said United States of America, its servants, 24 employees, agents, contractors and subcontractors, free and harmless 25 from all injunctions and litigations which might in the future arise 26 by virtue of the said United States of America, its servants, 27 employees, agents, contractors and subcontractors using said tide 28 or submerged lands, and other lands as aforesaid, for the purpose of • 29 dumping dredge materials thereon, and said City of Newport Beach 30 further agrees and covenants, in consideration of the premises 31 1 aforesaid, to save the United States of America, its servants, agents 3211 employees, contractors and subcontractors free and harmless from all LAW OFFICES OF ROLAND THOMPSON 3 210 SPUNGEON BLDG. SANTA ANA CALIF. , a 0 It - ' li 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 I6 I7 I8 I9 20 21 22 23 24 25 26 27 28 29 30 31 32 LAW OFFICES OF ROLANO THOMPSON 210 SPURGEON BLDG. SANTA ANA CALIF. liability of whatsoever nature, description or kind, arising out of or in any way occasioned by the dumping of dredge materials on said tide or submerged lands and other lands aforesaid, in the City of Newport Beach, Orange County, California. It is further understood and agreed that upon the acceptance by the United States of America, of this permit, in writing, that the same shall be in full force and effect and be binding legal obligations of the city of Newport Beach. IN WITNESS WHEREOF, the City of Newport Beach has caused its corporate name to be signed and its corporate seal to be affixed by its Mayor and City Clerk thereunto duly authorized by resolution of its City Council dated the 4th day of August, 1941. CITY OF NWIPORT BEACH, By Mayor By City Clerk The within and foregoing permit is hereby accepted this day of August, 1941. 40 2 N