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HomeMy WebLinkAbout5387 - Real Property IndentureWe: 3/16 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 1 (12) r, RESOLUTION N0. s A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ACCEPTING AN INDENTURE GRANTING REAL PROPERTY TO THE.CITY WHEREAS, there has been delivered to the City of Newport Beach an indenture dated the 16th day of December, 1960, in�which the Pacific Electric Railway Company, a corporation, grants to the City of Newport Beach, a municipal corporation, all the following described property: A portion of that certain strip of land 100 feet in width, situate in the City of Newport Beach, County of Orange, State of California, described in deed to the Southern Pacific Company Railroad Company recorded in Book 405, page 250 of Official Records,.in the Office of the Recorder of said County, and more particularly descr as follows: Beginning at the point of intersection of the north- easterly line of said strip of land 100 feet in width with the northeasterly prolongation of the southeasterly line of 30th Street (50 feet wide) as shown upon a map of the Lake Tract, recorded in book-4. page 13 of Miscellaneous Maps in the Office of the Recorder of said Orange County, said point of intersection also being the most westerly corner of Lot 25 as shown on map of Subdivision of Block 227, Section A, Newport Beach, recorded in Miscellaneous Map Book 4, page 36, Records of said Orange County, a radial line through said point bears N 77 40131" E; thence southeasterly along the northeasterly line of said 100 foot strip on a curve concave to the east and having a radius of 2814.83 feet, an arc distance of 109.28 feet, to an inter- section with the northeasterly prolongation of the center- line of the alley in Block 129, as shown upon said map of Lake Tract a radial line through said point of intersectio bears N 75x27'03" E; thence S 52 °43'42° W along said north easterly prolongation a distance of 64.93 ,feet to an inter- section with a line lying westerly of, parallel to, and distant 60 feet measured radially from the northeasterly line of said 100 foot strip, a radial line through said point of intersection bears N 74 057104" E; thence northerl on a tangent curve concave to the east.and having a radius of 2874.83 feet, an arc distance of 70.54 feet to a point of compound curve, a radial line through said point bears N 76 °21'25" E; thence northwesterly on a tangent curve concave to-the southwest and having a radius of 25.00 feet through a central angle of 113 °36140 ", an arc distance of 49.57 feet to a point of tangency in -the aforementioned southeasterly line of 30th Street; thence N 52 °44'45" E along said southeasterly line a distance of 104.51 feet to the point of beginning. Subject to easements, restrictions, reservations, condi- tions and covenants of record. M I , A. 1 EXCEPTING AND RESERVING unto Grantor, its successors and assigns., forever, -the title and exclusive right to all of the 2 minerals, mineral ores and products of every kind within or underlying said land below a depth of 500 feet, including, with- ., 3 out limiting the generality of the foregoing, all petroleum, oil, natural gas, and hydrocarbon substances; TOGETHER WITH 4 the right of ingress and egress beneath the surface of said land to explore for extract, mine and remove the same, and the right S to maintain well holes through said land for the purpose of removing substances from other lands, whether such lands are 6 adjoining or removed, and every right and use necessary or useful to such rights, which uses may include lateral or slant 7 drilling, boring, digging or sinking of wells, shafts or tunnels provided however that Grantor, its successors and assigns shall 8. not use or enter upon the surface of said land, and shall not disturb any improvements thereon, and shall not penetrate or 9 remove substances within 500 feet of the surface. 10 ALSO RESERVING UNTO GRANTOR the right of surface access ove; the above described property in..order to provide ingress and 11 egress over said property to the adjoining property of Grantor until such time as said property is improved as a public street. 12 Thereafter, Grantor shall have access to said street subject to applicable regulations of the public body having jurisdiction 13 thereof. 14 SUBJECT TO, and in accordance with, all applicable State 15 and local laws; 16 and 17 WHEREAS, said indenture is in accordance with the agree- 18 meet to purchase said property; 19 NOW, THEREFORE, BE IT RESOLVED that said indenture be 20 accepted and the City Clerk is authorized and directed to execute 21 and attach a certificate of acceptance and consent to the record- 22 ing of said indenture in the County Recorders office. 23 ADOPTED at an adjourned regular meeting this 20th day of 24 March, 1961. 25 26 Mayor 27 ATTEST: 28 �L.9�.t,,, • 29 City lerF 30 31 32 - 2. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF NEWPORT BEACH) I. MARGERY SCHROUDER, City Clerk of the City of Newport Beach, California, do hereby certify that according to the records of the City of Newport Beach filed and maintained in my office, the foregoing Resolution No. 5387 was duly and regularly adopted, passed, and approved by the City Council of the City of Newport Beach, California, at a1A4$1T4pe)geeting of said City Council held at the regular meeting place thereof, on the 20th day of March , 19 619 by the following vote, to wit: AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT, COUNCILMEN: Dated this 21st 0 Kingsley, Atkinson, Cook, Stoddard, Hart, Lorenz, Somers None None day of March 19 61 1 "\ qty Clerk #d Ex is o er o t e City Council, Cit of Newport Beach, State of California.