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HomeMy WebLinkAbout3827 - Balboa Bay Club1 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 RESOLUTION No. 3 WHEREAS, the City of Newport Beach has heretofore action in the Superior Court of the State of California in and for the County of Orange, being Action No. 54445, to quiet the title of the City to the property known as the Balboa Day Club property more particularly described in the Complaint on file herein, and WHERSAS, the County of Orange has filed an answer in said action setting up its claim to a certain portion of the said Balboa Hay Club property, and WHEMS, after a thorough study of the status of the City's title to the said property and of the County's claim to a portion thereof, including an investigation of past state legislation in connection with the problem, it is the opinion of the City Attorney that there is some substantial doubt as to the exact nature, extent and status of the City's title to the entire property in question, since the City title depends on the exact location of the North Bank of the Santa Ana river on the date of the grant by the legislature of the State of California to the County of Orange on the 25th day of July, 1919, and since the parties are unable to determine the exact location of said North Bank of the Santa Ana river, and WHEREAS, because of the said doubtful statue of the City'a title thereto, it is the opinion of the said City At- torney that the said quiet title action should be compromised as follows: The County of Orange to have judgment that the Northwesterly 400 feet, measured along the United States Bulk- head line, of that portion of the property described in the Complaint in said action which lies Northeasterly of said Bulk- head line, shall be the property of the said County of Orange, and the City to have judgment that the balance of the said property shall be the property of the City of Newport Beach; and 14 `I 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 WWMLPAS. the County of Orange has expressed its williagneaa to compromise the said quiet title action along the linss above :set out, NOW, THEREF'ORP:0 Bit IT RivSOMIM; That the above mentioned quiet title lotion &hall be eosproldeed so that the County of Orange al Northwesterly 400 feet, measured along the head 11m# of that portion of the property eoaplaiat in said action Vhleh lies Northe hevA line. ,ared the City of Newport Beach a1 The balance thereofo call farce tltie to the tinned States Oa k- Aeseeribed in the aoterly or said 9vMD- sell hgre title to That the City Attorney of the City of Newport beach be# and he is hereby authorised and directed to enftr into a stipulation with the Counsel for the County of OrsMe that the respective parties to said action to quiet title shall bM 3n49ment quieting their respective titles to the pons of Shia said Balboa Bay MO propwty In eeoorden" v 1h the proposed stipulated Judgment attached hersto and maftod ftUbit A, x hereby comity that the above end for cing resolu- tion was duly and regularly prised and adlor,t+ed Tq the City Cemseil of the city of Newport Beash at a regular esestiog thereof bald an the Lr d&7 of .august 19500 by the fallowist vote: ATTEST. Si K. f j e.L. T... ry e Norce, couxamma � Ai�9�tdT,G(YU2iCiL.sE1� ���r � i —� w--� —a. C.L.T' 1' STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS 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. 3827 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 28th day of August 19 5Q by the following vote, to wit: AYES, COUNCILMEN: Blue, Greeley, Isbell NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Finch, Drake Dated this 8th day of July 19 58. \ City Uler4 an dl Ex-Otticio Cler �\ of the City Coj'Mcil, City of Newport Beach, State of California. 40 3!