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HomeMy WebLinkAbout2678 - Survey & Construction Permita V 1 2 RESOLUTION NO. �1 3 WHEREAS, there has this day been presented to the City 4 Council a certain Survey and Construction Permit, wherein the 5 City of Newport Beach grants to the United States of America 6 a survey, trespass and construction permit upon the real property 7 hereinafter described for the purpose of constructing a railroad 8 spur to the Santa Ana Replacement Center, with the right of 9 ingress and egress on other lands of the City of Newport Beach 10 which are necessary or convenient to the Government in connection 11 with said project, for the sum of $1.00; that the land affected 12 by said permit is located in the County of Orange, State of 13 California, and is more particularly described as follows, to -wit: 14 The Westerly 100 feet of the following described 15 property: 16 Beginning at a 4" x 4° stake marked S. S. A. No. 112, and marking Station 112 of the Rancho Santiago de 17 Santa Ana; running thence South 750 23' 45" West 351.47 feet along the Westerly line of said Rancho 18 to a 4" x 4" stake marking the intersection of said Rancho Line with the center line of Fairview Avenue; 19 thence South 10 031 East 1036.86 feet along said cen- ter line of Fairview Avenue to a 2" x 4" stake set over 20 a stone corner, said stake marking the intersection of the center lines of Fairview Avenue and Huntzinger 21 Street; thence North 880 451 East to the intersection with the Easterly line of that parcel of land described 22 in the deed to N. W. Draper, et al., recorded May 14, 1920, in Book 360, at page 40 of Deeds, records of said 23 Orange County; thence North 00 301 West along said Easterly line of said parcel to the Northeast corner 24 thereof; thence West along the North line of said parcel to a point in the Westerly boundary of the said 25 Rancho Santiago de Santa Ana; thence South 80 27F west along said boundary line to the point of beginning, 26 Subject to an easement for street purposes over the 27 Westerly portion included in Harbor Boulevard and over the Southerly portion included in Huntzinger Street. 28 29 And WHEREAS, the City Council of the City of Newport Beach 30 believes that it is for the best interests of said City that 31 32 said permit be granted to the United States Government, and LAW OFFICES OF ROLAND THOMPSON 1• 210 SPURGEON BLOC. SANTA ANA. CALIF. s Q M 11 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 27 28 29 30 31 32 LAW OFFICES OF ROLAND THOMPSON 210 SPURGEON BLDG. SANTA ANA. CALIF. r. J that the consideration therein stated is in all respects fair, just and adequate, in this, to -wit, that said permit is granted for the purpose of assisting the United States Government in its National Defense during the emergency rich now exists by reason of the present war. NOW, THEREFORE, BE IT RESOLVED: That the Mayor and City Clerk of the City of Newport Beach be, and they are hereby directed, authorized and instructed to execute said Permit in the name of and on behalf of the City of Newport Beach. I hereby certify that the above and foregoing resolution was duly and regularly passed and adopted by the City Council of the City of Newport Beach at a regular meeting thereof held on the 2nd day of November, 1942, by the following vote, to -wit: AYES, COUNCILMEN; qj gn 8 NOES, COUNCILMEN: 0: ABSENT, COUNCILMEN: d P ity Clerk r '' Mayor - CFi Form 37 (Revised) g -1g -42 CFFICF, OF THE CHIF,F OF L'_1GINiERS Survey and Construction u Permit STATE _PF California ) COUNTY OF Orange ) IN CONSIDDPATION of the sum of One Dollar ($1.00) and tther valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the undersigned, hereinafter called "Owner ", grants to the United States of America, hereinafter called "Government", a survey, trespass and construction permit upon the following terms and conditions: 1. Owner hereby grants to Government an irrevocable right to enter upon the lands hereinafter described at any time within a period of ninety days from date of this instrument and thereafter to survey and carry out survey, im- provement and construction work thereon in connection with its proposed Santa Ana Replacement Center Railroad Spur project. 2. This license includes the right of ingress and egress on other lands of owner not described below, provided such ingress and egress is nec- essary and not otherwise conveniently available to Government in connection with this project. 3. Government shall have the right to patrol and police said lands during the period of this license. 4. Government shall have the right to make alterations, attach fix- tures and materials, and erect additions, structures and improvements in or upon the lands hereinafter described, which fixtures, materials, additions, structures and improvements shall be and remain the property of Government or the person so placing or making the same, and may be removed therefrom by Government if it so desires. 5. It 'is understood by Owner that the; acquisition of said premises by Government has not been authorized and that it is possible the proposed project will not be approved or authorized. Owner clearly understands that he may continue his use and operation of the property in the same manner as though this permit had ndt been signed and. if and when the said acquisition is authorized, he will be contacted by a representative of Government for the purpose of conducting negotiation of a sale or lease of the property to Govern- ment. Owner executes this permit in order to assist Government toward an early commencement and completion of this project, and agrees that he will not here- after base any.'claim'for damages or compensation hereon 'or hereunder or upon any entry or act done or performed hereunder. The permission hereby given shall 'terminate upon the acquisition by Government of the legal right to use and occupy said premises through court order, accepted option or.further agree- ment, and in any event within a reasonable period 'of six months after such entry. I . 0 t e 6. The lend affected by this permit is located in the State of California County of Oran e ; and is described as follows: The Westerly 100 feet of the following described property: Beginning at a 40.a 40 stabs marked S. S. A. No. 112, Beginning at a 40 x 411 stake marked S. S. A. No. 112 and marking Stn 112 of the Rancho Santiago de Santa Ana; running thence South 750 231 450 west 351.47 feet along the Westerly line of said Rancho to a 40 a 11n stake marking the intersection of said Rancho Line with the center line of Fairview Avenue; thence South 10 031 East 1036.86 feet along said center line of Fairview Avenue to a 20 x 40 stake set over a stone corner. said stake marking the intersection of the.center lines of Fairview Avenve and Huntzinger Street; thence North 880 451 East to the intersection with the Easterly line of that parcel of land described in the deed to N. -W. Draper et al recorded May 14, 1920, in Book 360, at page %0,: of Deeds, records of said Orange County; thence North 00 30' Vest along said Easterly line of said parcel to the Northeast corner thereof; thence ';lest along the North line of said parcel to a point in the Westerly boundary of the said Rancho Santiago de Santa Ana; thence South go 271 West along said boundary line to the point of beginning. Subject to an easement for street purposes over the Westerly portion included in Harbor Boulevard and over the Southerly portion included in Huntzinger Street. _WITNESS MY HAND AND SEAL this day o Witness Witness 194 .