HomeMy WebLinkAbout1345 - Construction for the Purpose of Commerce & Navigation1
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LAW OFFICES OF
ROLAND THOMPSON
210 SPURGEON BUILDING
SANTA ANA. CALIFORNIA
T /
RESOLUTION NO. 1 ;tom
WHEREAS, there has this day been presented to the City
Council of the city of Newport Beach a certain agreement of lease
A�r
dated the day of May, 1936, wherein the city of Newport
Beach is referred to as the party of the first part, and J. A.
Beek, of Newport Beach, California, is referred to as the party
of the second part; and
WHEREAS, said agreement of lease provides that the first
party leases, demises and lets unto the party of the second part
upon the terms and conditions therein mentioned, for the
construction and maintenance of docks, trays, boat landings,
ferry slips, waiting rooms and other appurtenances, for the
purpose of commerce and navigation, those certain properties
described as follows, to -wit:
All tide lands and other real property adjacent thereto
belonging to the city of Newport Beach, lying within the following
described exterior boundary lines in the city of Newport Beach:
Beginning at a point in the southeasterly line of Palm
Street, which point is 131.43 feet northeasterly of the north-
easterly corner of Bay Avenue and Palm Street (measured along
the southeasterly line of said Palm Street); thence north-
easterly along the northeasterly prolongation of the south-
easterly line of said Palm Street to its intersection with
the Pier Head Line, which Pier Head Line is 100 feet north-
easterly of and parallel with the bulkhead.line extending from
U. S. Bulkhead Station No. 112 to U. S. Bulkhead Station No.113;
thence northwesterly along said Pier Head Line to its inter-
section with the northeasterly prolongation of the northwesterly
line of said Palm Street; thence southwesterly along the afore-
said northeasterly prolongation of the northwesterly line of
Palm Street, to a point in the said northwesterly line of Palm
Street, which point is 135 feet northeasterly of the northwester
corner of Palm Street and Bay Avenue (measured along the north-
westerly line of said Palm Street); thence southeasterly in
a direct line, to the place of beginning. Also, beginning at
the intersection of the southwesterly prolongation of the north-
westerly line of Agate Avenue and the bulkhead line extending
from U. S. Bulkhead Station No. 157 to U. S. Bulkhead Ration
No. 158, as said Bulkhead Stations and Bulkhead line are laid
out and shown upon a map of Newport Bay, California, showing
harbor lines approved by the War Department January 18th, 1917;
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LAW OFFICES OF
ROLAND THOMPSON
210 SPURGEON BUILDING
SANTA ANA. CALIFORNIA
thence North 430 521 West along said Bulkhead line a distance
of 91.44 feet to a point; thence south 460 081 West a distance
of 50 feet to a point; thence south 430 521 East a distance of
147.07 feet to a point; thence North 460 081 East a distance
of 50 feet to a point in the aforesaid Bulkhead Line; thence
North 430 521 West along said Bulkhead Line, a distance of
55.63 feet to the place of beginning,
for a term of 25 years from the let day of June, 1938; and
WHEREAS, the City Council of the City of Newport Beach
deems that it is for the best interests of said city of Newport
Beach that said Agreement of Lease be entered into upon the
terms and conditions therein set forth.
NOWT THEREFORE, BE IT RESOLVED: That the Mayor and
City Clerk of the city of Newport Beach be, and they are hereby
directed, instructed and authorized to execute said Agreement of
Lease in the name of and on behalf of the city of Newport Beach,
and that the City Clerk deliver a duly executed copy thereof
to the party of the second part therein named.
I hereby certify that the above and foregoing
Resolution was duly and regularly passed and adopted by the
City Council of the city of Newport Beach at an adjourned
regular meeting thereof held on the 16th dayrof May, 1938,
by the following vote, to —wit:
lllu� .� • , � 1 s �� 1 F
NOES, COUNCILMEN: 1 6-I e-
ABSENT, COUNCILMEN:
Mayor of the city of Newport
TTEST: Beach
e
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LAW OFFICES OF
ROLAND THOMPSON
210 SPURGEON BUILDING
SANTA ANA. CALIFORNIA
THIS AGREEMENT OF LEASE made and entered into this
day f May, 1938 b and between the City of Newport
Y � Y Y
Beach, a Municipal corporation of the sixth class of Orange County,
California, party of the first part, and J. A. Beek, of the City
of Newport Beach, Orange County, California, party of the second
part.
- - - W I T N E S S E T H - - -
That for and in consideration of the annual payment
of $15.00 on the part of the party of the second part, and in
consideration of the party of the second part constructing
certain waiting rooms on the lands hereinafter described, in
accordance with plans and specifications now on file in the office
of the Building Inspector of the city of Newport Beach, and other
valuable considerations, the receipt of which is hereby acknowledg
ed by the party of the first part, the party of the first part
does hereby lease, demise and let unto the party of the second
part for the construction and maintenance of docks, ways, boat
landings, ferry slips, waiting rooms and other appurtenances, for
the purpose of commerce and navigation, those certain properties
described as follows, to -wit;
All tide lands and other real property adjacent thereto
belonging to the city of Newport Beach, lying within the following
described exterior boundary lines in the city of Newport Beach;
Beginning at a point in the southeasterly line of Palm
Street, which point is 131.43 feet northeasterly of the north-
easterly corner of Bay Avenue and Palm Street (measured along
the southeasterly line of said Palm Street); thence north-
easterly along the northeasterly prolongation of the south-
easterly line of said Palm Street to its intersection with
the Pier Head Line, which Pier Head Line is 100 feet north-
easterly of and parallel with the bulkhead line extending from
U.S. Bulkhead Station No. 112 to U. S. Bulkhead Station No.113;
thence northwesterly along said Pier Head Line to its inter-
section with the northeasterly prolongation of the northwesterly
line of said Palm Street; thence southwesterly along the afore-
said northeasterly prolongation of the northwesterly line of
Palm Street, to a point in the said northwesterly line of Palm
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Street, which point is 135 feet northeasterly of the northwesterly
corner of Palm Street and Bay Avenue (measured along the northwest
erly line of said Palm Street); thence southeasterly in a direct
line, to the place of beginning, Also,beginning at the inter-
section of the southwesterly prolongation of the northwesterly
line of Agate Avenue and the bulkhead line extending from U. S.
Bulkhead Station No. 157 to U. S. Bulkhead Station No. 158, as
said Bulkhead Stations and Bulkhead line are laid out and shown
upon a map of Newport Bay, California, showing harbor lines
approved by the War Department January 18th, 1917; thence North
430 521 West along said Bulkhead line a distance of 91.44 feet
to a point; thence South 460 081 West a distance of 50 feet
to a point; thence south 430 521 East a distance of 147.07
feet to a point; thence north 460 081 East a distance of 50
feet to a point in the aforesaid Bulkhead Line; thence North
430 521 West along said Bulkhead line, a distance of 55.63 feet
to the place of beginning,
for a term of twenty -five (25) years from the date hereof, said
term to commence as ofthe 1st day of June, 1938, and ending on
the 31st day of Dray, 1963.
It is further understood and agreed by and between said
parties that the City of Newport Beach may use for public purposes
the comfort station in the waiting room located on the pier
at the end of Agate Avenue, and within the property hereinbefore
described, provided that the said city of Newport Beach shall
maintain said comfort station and shall furnish janitor service
for same.
It is further mutually agreed by and between said
parties that in the event that the first party herein shall
find it necessary to use the docks or landings situated at the
southerly and of Agate Avenue or the hortherly end of Palm Avenue,
constructed and maintained by the party of the second part herein,
for any purpose which shall not conflict with the operation of
the vessels operated by the said party of the second part, it shal
have the right to do eo providing it shall compensate the party
of the second part for the use of such landings, floats and
docks at a rate to be agreed upon between the two parties. In the
event that the parties hereto shall fail to agree upon such rate
LAW OFFICES OF
ROLAND THOMP50N
210 SPURGEON BUILDING 2•
SANTA ANA. CALIFORNIA
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L..W OFFICES OF
ROLAND THOMPSON
210 SPURGEON BUILDING
SANTA ANA. CALIFORNIA
T
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of compensation it shall be determined by a committee of
arbitration to be composed of one representative of each of the
parties hereto, and a third representative to be selected by the
representatives of the two parties as provided herein.
IN WITNESS WHEREOF, the party of the first part has
hereunto caused its corporate name to be signed and its corporate
seal to be affixed by its Mayor and City Clerk thereunto duly
authorized by resolution of its City Council dated the
day of " n,:4 1938, and the party of the second part
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has hereunto set his hand the day and year first above written.
CITY)OF NEWPORT BEACH,
A
Party of the first part
Fadt of the second part
3.
r
ty Clerk
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LAW OFFICES OF
ROLAND THOMPSON
210 SPURGEON BUILDING
SANTA ANA. CALIFORNIA
r
f
STATE OF CALIFORNIA )
)) see
COUNTY OF ORANGE
On this day of 1938,
before me, a Nota Public in and for
said County and S e, per onally appeared J. A. BEEK, known
to me to be the person whose name is subscribed to the fore-
going instrument, and he acknowledged to me that he executed
the same.
WITNESS my hand and official seal.
s
Notary p is in an or said
C ty and St to
*NY ,:.:O:iQiriYi: ".';,taS. 37:9ires Sap[nrm3::r •/ qa
STATE OF CALIFORNIA
3 Be.
COUNTY OF ORANGE
On this day of 1938,
before me, a otary Public in and
for said County an State, p rsonally appeared HARRY H. WITLIAMSON,
known tome to be the Mayor, and FRANK L. RINEHART, known to
me to be the City Clerk of the city of Newport Beach, and known
to me to be the persons who executed the within instrument on
behalf of the city of Newport Beach therein named, and they
acknowledged to me that said City of Newport Beach executed the
same.
WITNESS my hand and official seal.
Notary PuVlic in a for said
Coopty and St to
Ay Commission expires September 27, 1938
s.Tt P