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1 RESOLUTION NO. 538
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ACCEPTING AN INDENTURE.GRANTING cif
3 REAL PROPERTY TO THIE.CITY�r�
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5 WHEREAS, there has been delivered to the City of Newport
g Beach an indenture dated the 26th day of January, 1961, in which
7 the Southern Pacific Company, a corporation, grants to the City of
8 Newport Beach, a municipal corporation, all that certain piece or
9 parcel of land situate in the City of Newport Beach, County of
10 Orange, State of California, being a portion of that certain strip
11 of land (100 feet wide) described in deed to Pacific Electric Rail -
12 way Company, recorded in Book 785, page 457 of Official Records,
13 in the Office of the Recorder of said County, described as follows:
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BEGINNING at the point of intersection of
the southerly line of land described in deed to
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the City of Newport Beach recorded in Book 332,
page 15 of Deeds in the office of said-Recorder
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with a line..parallel with and distant 24.00 feet
southwesterly, measured at right angles, from the
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easterly line of said strip of land (100 feet wide);
thence South 19 °42130" East along said parallel
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line, 229.15 feet to a point; thence northwesterly
along a curve to the left having a radius of 500.00
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feet, through a central angle of 13 °24145" (a radial
line to said curve at last mentioned point bears
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North 70 017'30" East), an arc distance of 117.77
feet; thence North 33 012115" West, tangent to said
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curve, 35.94 feet to a point; thence northwesterly
along a curve to the right having a radius of 500.00
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feet, through a central angle of 9 °56'19" (a radial
line to last said curve at last mentioned point bears
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South 56 04745" West), an arc distance of 86.73 feet
to a point in said southerly line distant South 83 0231
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00" West, thereon, 35.97 feet from the point of begin-
ning; thence North-83 °23x00" East, along last said
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line, 35.97 feet to the point of beginning, contain-
ing an area of 3,580 square feet, more or less.
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Subject to easements, restrictions, reservations, condi-
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tions, and covenants of record.
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EXCEPTING AND RESERVING unto Grantor, its successors and
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assigns, forever the title and exclusive right to all of the
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minerals, minera ores and products of every kind within or
underlying said land below a depth of 500 feet, including,
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without limiting the generality of the foregoing, all petro-
leum, oil, natural gas and hydrocarbon substances; TOGETHER
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WITH the right of ingress and egress beneath the surface of
said land to explore for, extract mine and remove the same
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and the right to maintain well hoes through said land for the
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purpose of removing substances from other lands, whether such
lands are adjoining or removed, and every right and use neces-
sary or useful to such rights, which uses may include lateral
or slant drilling, boring, digging or sinking of wells,
shafts or tunnels; provided, however, that Grantor, its
successors and assigns, shall not use or enter upon the sur-
face of said land and shall not disturb any improvements
thereon and shall not penetrate or remove substances within
500 feet of the surface.
ALSO RESERVING UNTO GRANTOR the right of surface access
over the above described property in order to provide ingress
and egress over said property to the adjoining property of
Grantor until such time as said property is improved as a
public street. Thereafter Grantor shall have access to said
street subject to applicable regulations of the public body
having jurisdiction thereof.
SUBJECT TO, and in accordance with, all applicable State
and local laws;
and
WHEREAS, said indenture is in accordance with the agree-
ment to purchase said property;
NOW, THEREFORE, BE IT RESOLVED that said indenture be
accepted and the City Clerk is authorized and directed to execute
and attach a certificate of acceptance and consent to the record-
ing of said indenture in the County Recorder's office.
ADOPTED at an adjourned regular meeting this 20th day of
March, 1961,
Mayor
ATTEST:
City Clerk —
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF NEWPORT BEACH)
I, MARGERY
, 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. 5388 was duly and
regularly adopted, passed, and approved by the City Council of
adjourned
the City of Newport Beach, California, at ar4regular meeting of
said City Council held at the regular meeting place thereof, on
the 20th day of
vote, to wit:
AYES, COUNCILMEN:
NOES, COUNCILMEN:
ABSENT, COUNCILMEN
Dated this
March
, 19 61 , by the following
Kingsley, Atkinson, Cook, Stoddard, Hart,
Lorenz, Somers
None
None
21st day of March
19 61 .
City er an x- cio er o t e
City Council, City of Newport Beach,
State of California.