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HomeMy WebLinkAbout2677 - Lease to Harvey Bear1 RESOLUTION NO.� is 2 3 WHEREAS, there has this day been presented to the City 4 Council of the City of Newport Beach a certain Lease dated October 5 5, 1942, between the City of Newport Beach as party of the first 6 art and Harvey y L. Bear as party of the second part; and 7 WHEREAS, said lease provides that the first party leases, 8 demises and fanulets unto the second party all that certain real 9 property situated in.the County of Orange, State of California, in 10 the Rancho Santiago de Santa Ana, particularly described as follows 11 Beginning at a 4" x 4" stake marked, "S. S. A. No. 112" 12 and marking Station 112 of the Rancho Santiago de Santa Ana; running thence south 750 23' 450 West 351.47 feet along the 13 westerly line of said Rancho to a 40 x 40 stake marking the intersection of said Rancho line with the center line of 14 Fairview Avenue; thence south 10 031 East 1036.86 feet along said center line of Fairview Avenue to a 20 x 40 stake set 15 over a stone corner, said stake marking the intersection of the center lines of Fairview Avenue and Huntzinger Street; 16 thence North 880 452 East to the intersection with the Easterly line of that parcel of land described in deed to 17 N. W. Draper, et al., recorded Hay 14, 1920, in Book 360, at page 40 of Deeds, in the office of the County Recorder 18 of said Orange County; thence North 0° 301 West along said Easterly line of said parcel to the Northeast corner thereof; 19 thence West along the North line of said parcel to a point in the Westerly boundary of the said Rancho Santiago de 20 Santa Ana; thence South 8° 271 West along said boundary line to a point of beginning, containing 29.528 acres. 21 SUBJECT TO: 22 1. A right of way for pipe line, as granted to Southern 23 California Sugar Company by deed recorded in Book 225, at page 148, and re- recorded in Book 237, at page 246 of Deeds, in the 24 office of the County Recorder of said Orange County. 25 2. Easements for road purposes over that portion included in Fairview Avenue on the West and that portion included in 26 Huntzinger Street on the South. 27 3. Subject to an easement over the Westerly 100 feet of the above described premises, granted to the United States of America for a railroad spur, with the right of ingress and 29 egress in and over said lands to survey and carry out survey, improvement and construction work thereon in connection with 30 the construction of said railroad spur. 31 32 1. LAW OFFICE9 OF ROLAND THOMPSON 210 SPUHOEON BLDG. SANTA ANA. CALIF. r 1 And WHEREAS, said lease provides that the same shall run 2 for a period of three years, commencing as of October 1, 1942, 3 and ending as of September 30, 1945, for the total rental or sum 4 of $1800.00, payable at the rate of $600.00 per year on the 5 following dates: $600.00 upon the execution of said lease, $600.00 6 on October 1, 1943 and $600.00 on October 1, 1944; and 7 WHEREAS, the City Council of the City of Newport Beach 8 deems that the consideration for said lease is in all respects 9 fair, dust and adequate, and that the terms and conditions of 10 said lease are satisfactory to said City of Newport Beach. 11 12 NOW, THEREFORE, BE IT RESOLVED: That the Mayor and City 13 Clerk of the City of Newport Beach be, and they are hereby 14 directed, authorized and instructed to execute said Lease in the 15 name of and on behalf of the City of NewportBeach, and that a duly 16 executed copy thereof be delivered to second party. 17 18 I hereby certify that the above and foregoing resolution was 19 duly e y and regularly y passed and adopted by the City Council of the 20 City of Newport Beach at a regular meeting thereof held on the 21 2nd day of November, 1942, by the following vote, to —wit: 22 1 23 AYES, COUNCIL! ` en 24 IS e.aa��• 25 26 NOES, COUNCILMEN: 27 ABSENT, ABSENT, COUNCILMEN: 28 ATTEST: C.Q 29- City Clerk j ,•l Mayor 31 32 LAW OFFICES OF II 2. ROLAND THOMPSON 210 SPUFGEON BLDG. SANTA ANA. CALIF. 1 CROP LEASE 2 3 THIS INDENTURE made the 5th day of- October, 1942, by and 4 between the City of Newport Beach, a municipal corporation, 5 hereinafte3*eferred to as the party of the first part, and 611 Harvey L. Bear, hereinafter referred to as the party of the second 7 I part. _ - - 8 - W I T N E 8 8 E T H 9tl 11 That the said party of the first part does hereby lease, 12 demise add farm let unto the said party of the second part, the 13 following described farm or parcel of land situated in the County 14 of Orange, State of California, in the Rancho Santiago de Santa 15 Ana, more particularly described as follows: 16 Beginning at a 4" x 4" stake marked "8.8.A.No, 112" and marking Station 112 of the Rancho Santiago de Santa Ana, 14 running thence South 750 231 45" West 351.47 feet along the westerly line of said Rancho to a 4" x 4" stake marking the 18 intersection of said Rancho line with the center line of Fairview Avenue; thence South la 03T East 1036.86 feet along 19 said center line of Fairview Avenue to a 2" x 4" stake set over a stone corner, said stake marking the intersection of 20 the center lines of Fairview Avenue and Huntzinger Street; thence North 880 45T East to the intersection with the 1 Easterly line of that parcel of land described in deed to N. W. Draper, at al., recorded May 14, 1920, in Book 360, a2 at page 40 of Deeds, in the office of the County Recorder ` of said Orange County; thence North 0" 30T West along said 2 Easterly line of said parcel to the Northeast corner thereof;; thence West along the North line of said parcel to a point 24• _ in the Westerly boundary of the said Rancho Santiago de Santa Ana; thence South 8a 27T West along said boundary line 25 to the point of beginning, containing 29.528 acres, 26 SUBJECT TO: 27 1. A right of way for pipe line, as granted to Southern California Sugar Company by deed recorded in Book 225, at page 28 148, and re- recorded in Book 237, at page 246 of Deeds, in the office of the County Recorder of said Orange County. 29 2. Easements for road purposes over that portion 30 included in Fairview Avenue on the West and that portion included in Huntzinger Street on the South. 31 32 LAW OFFICES OF II A 1 ROLAND TH""'N Illtll 210 SPURGEON BLDG, SANTA ANA. CALIF. 1 3. Subject to an easement over the Westerly 100 feet of the above described premises, granted to the United 2 States of America for a railroad spur, with the right of 3 ingress and egress in and over said lands to survey and carry out survey, improvement and construction work thereon 4 in connection with the construction of said railroad spur. 5 TO HAVE AND TO HOLD the same for the term of three (3) years 6 commencing on October 1, 1942, and ending on September 30, 1945. 7 And the said party of the second part promises, covenants 8 and agrees not to underlet any portion of said premises, nor assign 9 this lease without the written permission of the first party. 10 That he will personally occupy and till said premises. 11 That he will, during said term keep all buildings, fences, corral 12 and other improvements now on said premises, or which may 13 be out thereon during the term hereof by the first party, in good 14 repair, damage by fire or the elements excepted. That he will not 15 commit nor suffer waste to be committed thereon, and that said 16 second party further covenants and agrees that he will till and 17 cultivate said premises in a good,farmerlike manner. That he will, 18 in due and proper season, plant or sow said premises to beans, 19 and will harvest the same at his own cost, charge and expense, 20 as soon as the same is suitable for harvesting. 21 Said second party agrees to pay as rental for said premises 22 the sum of Eighteen Hundred Dollars ($1800.00), in the manner 23 following: $600.00 upon the signing and execution of this contract 24 the receipt of which is hereby acknowledged by the first party; 25 $600.00 on or before October 1, 1943, and $600.00 on or before 26 October 1, 1944. 27 IT IS ALSO AGREED AND UNDERSTOOD that said premises shall 28 not be used by said second party for any purpose other than herein 29 specified, and that hunting of deer, quail or other game shall 30 not be committed or permitted by either of the parties hereto. 31 a 32 b 2 e LAW OFFICES OF ROLAND THOMPSON 210 SPURGEON BLDG. PINTA ANA. CALIF. LAW OFFICES OF ROLAND THOMPSON - 3 V �+ 210 SPIIftGEON BLDG. SANTA ANA. CALIF. 1 It is further understood and agreed that the second party 2 may use the well now on said premises for irrigation purposes 3 for the lands herein described, and also the adjoining land on 4 the north containing aAOroximately thirty -four (34) acres, However, 5 the second party shall keep said well in the same condition as 6 the same now is, as to repair, reasonable wear and tear thereof 7 excepted, and shall pay for the expense of operating the same, 8 It is further understood and agreed that the right of entry 9 upon the premises hereby let, for purposes of prospecting and 10 drilling water, together with reasonable right of way for roadways 11 over which supplies may be hauled to or products from any well or 12 wells that may be operated, as well as the right to lay and 13 maintain any and all necessary pipe lines, in, on or over said 14 premises, and to erect and maintain telegraph and telephone lines, 15 and take, use and occupy, reasonable space for machinery, tanks 16 and such buildings as may be necessary, in connection with the 17 working of any water wells and to develop water and take and trans - 18 port water from any well or wells on said premises,, Any and all 19 water is hereby reserved to the party of the first part, its 20 successors or assigns. The second party being hereby given the 21 right to recover any damages he may sustain by reason of said 22 roadways or rights of way, or the use of the well or wells now on 23 said premises by said party of the first part, 24 It is specifically understood and agreed, anything to the 25 contrary herein notwithstanding, that said lands constitute water 26 bearing lands of the City of NewportBeach, and may be needed at any 27 time by the City of Newport Beach for the purpose of developing 28 water, or using the water now on said premises, as well as the 29 wells thereon, for domestic and municipal purposes, and it is 30 further specifically understood and agreed that said party of the 31 first part may at any and all times, during the term of this lease, 32 LAW OFFICES OF ROLAND THOMPSON - 3 V �+ 210 SPIIftGEON BLDG. SANTA ANA. CALIF. -1 i 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 LAW OFFICES OF ROLAND THOMPSON 210 SPURGEON BLDG, SANTA ANA. CALIF. enter in and upon said premises and appropriate all the water thereof, including the wells now on said premises, to its own use, and may during the term hereof drill additional well or wells upon said premises, or deepen or redeepen the well thereon and may transport from and off of said premises all of said water now developed or which may be developed thereon. However, second party is hereby given the right to recover any damages which he might sustain to his crop planted on said premises by reason of first/Darty exercising its option and privileges hereby given. In the event the first party shall exercise the option herein granted to it to go in and upon said premises for the purpose of drilling additional wells thereon, or to use the wells now drilled thereon, in addition to any damages which second party shall sustain by reason of the growing crops thereon, said lease shall terminate and be of no further force or effect for any purpose whatever, and said second party shall not be liable or responsible for the payment of any further rents thereunder. It is further understood and agreed that said second party shall not use the water from the lands herein leased for any purpose except for the irrigation of the lands herein leased and the adjoining thirty -four acres as aforesaid, without the written consent of the first party first had and obtained, and the City Engineer of the City of Newport Beach shall enforce this provision during the term of this lease and shall promptly notify the first party of any violation thereof, and in this connection it is understood and agreed that a violation of this provisions shall ipso facto terminate this lease, IN WITNESS WHEREOF, the party of the first part has caused its corporate name to be signed and its corporate seal to be affixed by resolution of its City Council, the 2nd day ofNovembe) - 4 - t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 w -F 1942, by its Mayor and City Clerk thereunto duly authorized, and the party of the second part has hereunto set his hand the day and year first above written, CITY OF NEWPORT BEACH, r (SEAL) By - �e Mayor By ity Cl Party of the first part Party o the second part LAW OFFICES OF ROLAND THOMPSON tl 210 SFIIRGEON BLDG. SANTA ANA. CALIF.