HomeMy WebLinkAbout3566 - Newport Bay Company Lease Agreement_y
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1 RESOLUTION No / 1v
2 WHEREAS, there has this day been presented to the City
3 Council of the City of Newport Beach a certain lease dated the
4 day of March, 1948, by and between the City of Newport Beach,
5 a municipal corporation, as party of the first part, and in said
6 lease designated "City ", and The Newport Bay Company, a California
7 corporation, party of the second part, and in said lease designat-
8 ed as the "Company "; and
9 WHEREAS, in said agreement of lease the City demises and
10 leases to the "Company" all that certain real property situate in
11 the City of Newport Beach, County of Orange, State of California,
12 and more particularly described as follows, to -wit:
13 PARCEL 1. All that certain real property situated in
the City of Newport Beach, County of Orange, State of
14 California, described asfollows, to -wit:
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Beginning at the intersection of the Southwesterly
prolongation of the center line of Irvine Avenue as shown
on the map of the First Addition to Newport Heights, re-
corded in Book 4, page 94 of Miscellaneous Maps, records
of Orange County, California, with the United Sates
Bulkhead Line between United States Bulkhead Stations 129
and 130, as said United States Bulkhead line and stations
are shown on the MI-p of Newport Bay showing Harbor Lines
approved by the War Department January 18th, 1917, said
point of beginning being also located North 110 521 30"
East 1391.86 feet from the corner common to Sections 27,
28, 33 and 34, Township Six (6) South, Range Ten (10)
West, S. B. B. & M., running thence from said point of
beginning along said Bulkhead line South 610 001 East
2274.91 feet to a point, (said point is North 830 251
25" East 2291.16 feet from the corner common to said Sec-
tions 27, 28, 33 and 34); thence North 290 001 East 632.07
feet to the Southerly line of the California State Highway;
thence Westerly along the Southerly line of said California
State Highway to its intersection with the Southwesterly
prolongation of the center line of said Irvine Avenue and
thence Southwesterly along the center line of said Irvine
Avenue 132.04 feet to the point of beginning.
PARCEL 2. All that certain real property situated in
the City of Newport Beach, County of Orange, State of
California, described as follows, to -wit:
Beginning at the intersection of the Southwesterly pro-
longation of the center line of Irvine Avenue, as said Irvine
Avenue is laid out and shown upon a Map of First Addition to
Newport Heights, as recorded in Miscellaneous Maps, Book
4, page 94, Records of Orange County, California, and a line,
which line is 350 feet Northeasterly of and parallel with the
LAW OFFICER OF 1
ROLAND THO..S"
208 SPURGEON SLOG.
SANTA ANA. CALIF.
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Bulkhead line extending from United States Bulkhead Station
No. 170, to United States Bulkhead Station No. 175, as said
Bulkhead line and Bulkhead stations are laid out and shown
upon a Map of Newport Bay, California, showing harbor lines,
approved by thB War Department January 18th, 1917; thence
Southeasterly along a line, which line is 350 feet North-
easterly of and parallel with the aforesaid Bulkhead Line
extending between Bulkhead Station No. 170 and No. 175, a dis-
tance of 5700 feet to a point; thence Southeasterly in a line
to a point in the Westerly line of Section Thirty -five (35),
Township Six (6) South, Range Ten (10) West, S. B. B. & M.,
which point is 1850 feet Southerly of the Northwesterly corner
of said Section Thirty -five (35); thence South 510 East and
a distance of 400 feet to a point; thence North 460 371 East
to United States Bulkhead Station No. 150, as shown and laid
out upon the aforesaid Map of Newport Bay, California, showing
harbor lines; thence North 460 37' East along a line to its
intersection with a line, which line is 200 feet Northerly
of and parallel with the Bulkhead line extending from United
States Bulkhead Station No. 151 to United States Bulkhead
Station No. 152, as said Bulkhead Line and Bulkhead Stations
are laid out and shown upon the aforesaid Map of Newport Bay,
California, showing harbor lines; thence due East along a
line, which line is 200 feet Northexlyof and parallel with the
aforesaid Bulkhead line extending from United States Bulkhead
Station No. 151 to United States Bulkhead Station No. 152, a
distance of 3000 feet to a point; thence due North a distance
of 300 feet to a point; thence due East a distance of 250 feet
to a point; thence due South a distance of 300 feet to a point;
thence due East a distance of 350 feet to a point; thence
Easterly in a direct line to Station 75 of the Patent bounda-
ries of the Rancho San Joaquin, as per map recorded in Book
1, page 147 of Patent Records of Los Angeles County, California;
said Station 75 tieing a point in the present boundary line of
the City of Newport Beach; thence Northwesterly along the
Rancho boundary line as laid out and shown upon the aforesaid
Map of the Patent Boundaries of the Rancho San Joaquin, and
which line was also the boundary line of the City of Newport
Beach on January 1st, 1924, to Station 72, of the aforesaid
Patent Boundaries of the Rancho San Joaquin; thence South-
westerly, Northwesterly and Westerly along the boundary line
of the City of Newport Beach as said boundary line existed on
January 1st, 1924, to its intersection thereof with the South-
westerly prolongation of the aforesaid center line of Irvine
Avenue:; thence Southwesterly along the Southwesterly prolon-
gation of the aforesaid center line of Irvine Avenue to the
place of beginning;
and
WHEREAS, the lands described above constitute harbor front-
age, tidelands and uplands abutting thereon; and
WHEREAS, in the judgment of the City Council of the City of
Newport Beach it is for the best interests and welfare of the
City and the inhabitants thereof to lease the aforementioned real
property to The Newport Bay Company, for the purposes set forth
in said lease, and upon the terms and conditions thereof; and
LAW OFFICES OF II
ROLAND THOMPSON 2
208 SPURGEON SLOG. 1
SANTA ANA. CALIF.
LAW OFFICES OF II 3,
"LAN. TO"",
208 SPURGEON BLDG.
SANTA ANA. CALIF.
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WHEREAS, it is further the judgment of the City Council of
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the City of Newport Beach thgt the use of the harbor frontage,
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tidelands and uplands abutting thereon for industrial pses,..or pur-
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poses would be inimical to the best interests of the City; and
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WHEREAS, it is further the judgment of the City Council of
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Le City of Newport Beach that the use of the aforementioned lands
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for other than industrial uses or purposes would be for the best
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interests of the City of Newport Beach and the residents thereof;
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and
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WHEREAS, it is the opinion and judgment of the City Council
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of the City of Newport Beach that the leasing of said lands upon
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the terms and conditions specified in said lease agreement are not
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inconsistent with the trusts imposed upon such tidelands or incon-
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sistent with or opposed to the law in such cases made and provided;
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and
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WHEREAS, it-is further the judgment and opinion of the
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City Council of the City of Newport Beach that the consideration
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offered for said lease is in all respects fair, just and adequate,
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and that it is for the best interests and welfare of said City that
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said lands be leased to said The Newport Bay Company;
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NOVI THEREFORE, BE IT RESOLVED: That the Mayor and City Clerk
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of the City of Newport Beach be, and they are hereby, instructed,
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directed and authorized to sign and execute said lease in the
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name of and on behalf of the City of Newport Beach, and that the
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City Clerk deliver an executed copy thereof to said Company when
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said lease has been fully executed by both parties thereto.
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I hereby certify that the above and foregoing Resolution was
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duly and regularly passed and adopted by the City Council of the
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City of Newport Beach at a regular meeting thereof held on the
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8th day of March, 1948, by the following vote, to -wit:
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LAW OFFICES OF II 3,
"LAN. TO"",
208 SPURGEON BLDG.
SANTA ANA. CALIF.
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LAW OFFICES OF
ROLAND THOMPSON
205 SPURGEON BLDG,
SANTA ANA, CALIF.
A 1'NUT:
%y C]„er
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NOES, COUNCILMEN: _ L
ABSENT, COUNCILMEN:
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF NEWPORT BEACH )
SS
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 ::iaintained in my office,
the foregoing Resolution No. 3566 was duly and
regularly adopted, passed, and approved by the City Council of
the City of Newport Beach, California, at a regular meeting of
said City Council held at the regular meeting place thereof, on
the 8th day of March , 1SY48, by the following
vote, to wit:
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AYES, COUNCILMEN: Allen. Stlar, TsbPl] Rnhartenn Raed
NOES, COUNCILMEN: None
ABb10 T, COUNCILMEN: None
Dated this
8th day of December , 19 5$
I�L
City Clerk abd E2k- Officio Clerk of the
City Council, City of Newport Beach,
State of California.