HomeMy WebLinkAbout456 - Mean High Tide Line Description & MapsRESOLUTION N0. O!LtQ,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ACCEPTING AND APPROVING THE REPORT OF
THE CITY ENGINEER OF SAID CITY AND ORDERING AND
DIRECTING SAID ENGINEER TO FURNISH THE CITY
ATTORNEY OF SAID CITY WITH A DESCRIPTION AND MAPS
OF THE LINE OF MEAN HIGH TIDE OF THE PACIFIC OCEAN
IN NEWPORT BAY, IN ACCORDANCE 7ITH THE REPORT
:BADE BY THE SAID CITY ENGINEER TO THE CITY
COUNCIL, AND ORDERING AND DIRECTING THE CITY
ATTORNEY TO FILE SUCH ACTION OR ACTIONS IN THE
SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND
FOR THE COUNTY OF ORANGE, FOR THE PURPOSE OF
DETERMINING SAID MEAN HIGH TIDE LINE, THUS
OFFICIALLY ESTABLISHING THE BOUNDARY LINE BETWEEN
LANDS IN PRIVATE OWNERSHIP AND BETIYEEN LANDS IN
PUBLIC OVNERSHIP.
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WHEREAS, the State of California did heretofore, on the
5th day of April, 1927, by Act of the Legislature of said State,
approved on the 5th day of April, 1927, grant to the City of
Newport Beach all of the right, title and interest of the State of
California, held by said State by virtue of its sovereignty, in
and to all of the tidelands and submerged lands, bordering upon,
in and under Newport Bay, situated below the line of mean high
tide of the Pacific Ocean, not theretofore granted, to the County
of Orange, or to said City, to be forever held by said City of
Newport Beach and by its successors; but in trust, nevertheless,
for the uses and purposes more particularly set forth in said Act,
which Act is designated as Chapter 70 of the Statutes of
California, passed at the 47th Session of the Legislature, 1927
Statutes, page 125, reference to which is hereby made for further
paxticukars, and
It WHEREAS, the line of mean high tide of the Pacific
Ocean has not been established and is not now known in that area
covered by that grant hereinbefore described from said State of
California to said City of Newport Beach, and
17HEREAS, for the purpose of exercising possession and
control and dominion over said lands so granted, it is necessary
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• that the line of mean high tide of the Pacific Ocean be determined
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in said portion or portions of Newport Bay, and the arms thereof,
the sloughs connecting therewith in which the tide ebbs and flows,
including the former bed of the Santa Ana River, covered by said
grant, and
WHEREAS, Paul E. Kressly, the City Engineer of the City
of Newport Beach, did heretofore make a report to the City
Council of the City of Newport Beach, concerning said line of
mean high tide of the Pacific Ocean in Newport Bay, for the
purpose of aiding in determining the boundary line of the land
covered by said grant from said State of California, and
WHEREAS, it appears that the line of mean high tide of
the Pacific Ocean in the area above described, in part, traverses,
borders and is adjacent to -privately owned lands in said. areas,
and that in order to establish said line, it is necessary that an
action to brought in the Superior Court of the State of California,
in and for the County of Orange, for the purpose of determining
the same, thus officially establishing the boundary line between
in
lands /private ownership and lands in public ownership;
NO7, THEREFORE, Paul E. Kressly, City Engineer of the
City of Newport Beach, is hereby ordered and directed to furnish
the Honorable Franklin G. Kest, City Attorney of the City of
Newport Beach, with a description and maps, sufficient to identify
same, of the line of mean high tide of the Pacific Ocean in Newport
Bay, in accordance with the report so made by him to the City
Council and which is hereafter more particularly set forth, and
said City Attorney of the City of Newport Beach is hereby ordered
and directed to file such action or actions in the Superior
Court of the State of California, in and for the County of Orange,
naming the City of Newport Beach as plaintiff and naming as
defendants all persons owning or claiming to own, or asserting
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• • ownership of, lands bordering upon or adjacent to the tidelands
and submerged lands so vested in the City of Newport Beach, by
virtue of said grant, as aforesaid, and wherein the Court shall,
by decree, determine the line of mean high tide of the Pacific
Ocean in Newport Bay and the arms thereof, the sloughs con-
necting therewith, in which the tide ebbs and flows, including
the former bed of the Santa Ana River, and for all time quieting
the title as against all persons to the land, title to which
is so vested in the City of Newport Beach; the report of said
City Engineer is hereby accepted and approved, the same being
in the words and figures following, to -wit:
"TO THE HONORABLE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH" ;
I herewith submit for your approval a description
of a line which, in my opinion, constitutes substantially the
line of mean high tide of the Pacific Ocean, in those areas in
Newport Bay and the arms thereof, the sloughs connecting therewith,
in which the tide ebbs and flows, including the former bed of the
Santa Ana River, where the tidelands and submerged lands acquired
by the City of Newport Beach from the State of California, bythe
grant of 1927, are bordered or adjoined by privately owned lands
as follows:
LINE NO. 11.
Beginning at a point, w}� is� point is South 71°38104"
e OE 5087.57 feG' T Aczpl 9i
e common:corner of Sections 26, 27, 34 and 35, Township
AP 6 South, Range 10 nest, San Bernardino Base and Meridian; thence
North 550 'Rest, a distance of 359.28 feet to a point; thence due
?Rest, a distance of 1823.81 feet to a point; thence North 35 030'
!Rest, a distance of 132.77 feet to a point; thence North 79030,
'Meet, a distance of 425 feet to a point; thence North 740301
west, a distance of 294.34 feet to a point; thence North 820301
Test, a distance of 301.06 feet, to a point; thence North 840
`y
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West, a distance of 160 feet to a point; thence South 570 Nest, a
distance of 100 feet to a point; thence South 32 052' East, a dis-
tance of 276.57 feet to a point; thence due West a distance of
384.25 feet to a point; thence North 390481 !hest, a distance of
685.81 feet to a point; thence North 230571300 East a distance of
138.90 feet to a point, the end of said Line No. ll,which last
mentioned point is South 45041,200 East, a distance of 1063.73
feet from the above mentioned common corner of Sections 26, 27,
34 and 35.
Respectfully submitted,
City Engineer
Passed and approved this .2 G% day of , 1928.
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ATTEST:
City Clerk of the City of
_ Newport Beach.
STATE OF CALIVMW IA )
COUNTY OF ORANGE
CITY OF NEWPORT BEACH )
I, C�J , City Clerk
of the City of Newport Beac , do hereby certify that the foregoing
resolution, being Resolution No. ��, was regularly introduced
and duly adopted by the City Council of the City of Newport Beach
and signed by the mayor, and attested by the City Clerk, all at
a special meeting called therefor, held on the.2 d day of
1928, and that the same was passed by the
following vote, to -wit:
AYES, Councilmen,% /u�.
NOES, Councilmen,
ABSENT, Councilmen,
City Clerk//of the City of Newport
Beach.
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