HomeMy WebLinkAbout2677 - Lease to Harvey Bear1 RESOLUTION NO.�
is 2
3 WHEREAS, there has this day been presented to the City
4 Council of the City of Newport Beach a certain Lease dated October
5 5, 1942, between the City of Newport Beach as party of the first
6 art and Harvey y L. Bear as party of the second part; and
7 WHEREAS, said lease provides that the first party leases,
8 demises and fanulets unto the second party all that certain real
9 property situated in.the County of Orange, State of California, in
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the Rancho Santiago de Santa Ana, particularly described as follows
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Beginning at a 4" x 4" stake marked, "S. S. A. No. 112"
12 and marking Station 112 of the Rancho Santiago de Santa Ana;
running thence south 750 23' 450 West 351.47 feet along the
13 westerly line of said Rancho to a 40 x 40 stake marking the
intersection of said Rancho line with the center line of
14 Fairview Avenue; thence south 10 031 East 1036.86 feet along
said center line of Fairview Avenue to a 20 x 40 stake set
15 over a stone corner, said stake marking the intersection of
the center lines of Fairview Avenue and Huntzinger Street;
16 thence North 880 452 East to the intersection with the
Easterly line of that parcel of land described in deed to
17 N. W. Draper, et al., recorded Hay 14, 1920, in Book 360,
at page 40 of Deeds, in the office of the County Recorder
18 of said Orange County; thence North 0° 301 West along said
Easterly line of said parcel to the Northeast corner thereof;
19 thence West along the North line of said parcel to a point
in the Westerly boundary of the said Rancho Santiago de
20 Santa Ana; thence South 8° 271 West along said boundary line
to a point of beginning, containing 29.528 acres.
21
SUBJECT TO:
22
1. A right of way for pipe line, as granted to Southern
23 California Sugar Company by deed recorded in Book 225, at page
148, and re- recorded in Book 237, at page 246 of Deeds, in the
24 office of the County Recorder of said Orange County.
25 2. Easements for road purposes over that portion included
in Fairview Avenue on the West and that portion included in
26 Huntzinger Street on the South.
27 3. Subject to an easement over the Westerly 100 feet of
the above described premises, granted to the United States of
America for a railroad spur, with the right of ingress and
29 egress in and over said lands to survey and carry out survey,
improvement and construction work thereon in connection with
30 the construction of said railroad spur.
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1.
LAW OFFICE9 OF
ROLAND THOMPSON
210 SPUHOEON BLDG.
SANTA ANA. CALIF.
r
1 And WHEREAS, said lease provides that the same shall run
2 for a period of three years, commencing as of October 1, 1942,
3 and ending as of September 30, 1945, for the total rental or sum
4 of $1800.00, payable at the rate of $600.00 per year on the
5 following dates: $600.00 upon the execution of said lease, $600.00
6 on October 1, 1943 and $600.00 on October 1, 1944; and
7 WHEREAS, the City Council of the City of Newport Beach
8 deems that the consideration for said lease is in all respects
9 fair, dust and adequate, and that the terms and conditions of
10 said lease are satisfactory to said City of Newport Beach.
11
12
NOW,
THEREFORE,
BE IT RESOLVED:
That
the Mayor and City
13
Clerk of
the City of
Newport Beach be,
and
they are hereby
14 directed, authorized and instructed to execute said Lease in the
15 name of and on behalf of the City of NewportBeach, and that a duly
16 executed copy thereof be delivered to second party.
17
18 I hereby certify that the above and foregoing resolution was
19 duly e
y and regularly y passed and adopted by the City Council of the
20 City of Newport Beach at a regular meeting thereof held on the
21 2nd day of November, 1942, by the following vote, to —wit:
22 1
23 AYES, COUNCIL! ` en
24 IS e.aa��•
25
26 NOES, COUNCILMEN:
27 ABSENT, ABSENT, COUNCILMEN:
28 ATTEST: C.Q
29-
City Clerk j
,•l Mayor
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LAW OFFICES OF II 2.
ROLAND THOMPSON
210 SPUFGEON BLDG.
SANTA ANA. CALIF.
1 CROP LEASE
2
3 THIS INDENTURE made the 5th day of- October, 1942, by and
4 between the City of Newport Beach, a municipal corporation,
5 hereinafte3*eferred to as the party of the first part, and
611 Harvey L. Bear, hereinafter referred to as the party of the second
7 I part. _ - -
8 - W I T N E 8 8 E T H
9tl
11 That the said party of the first part does hereby lease,
12 demise add farm let unto the said party of the second part, the
13 following described farm or parcel of land situated in the County
14 of Orange, State of California, in the Rancho Santiago de Santa
15 Ana, more particularly described as follows:
16 Beginning at a 4" x 4" stake marked "8.8.A.No, 112"
and marking Station 112 of the Rancho Santiago de Santa Ana,
14 running thence South 750 231 45" West 351.47 feet along the
westerly line of said Rancho to a 4" x 4" stake marking the
18 intersection of said Rancho line with the center line of
Fairview Avenue; thence South la 03T East 1036.86 feet along
19 said center line of Fairview Avenue to a 2" x 4" stake set
over a stone corner, said stake marking the intersection of
20 the center lines of Fairview Avenue and Huntzinger Street;
thence North 880 45T East to the intersection with the
1 Easterly line of that parcel of land described in deed to
N. W. Draper, at al., recorded May 14, 1920, in Book 360,
a2 at page 40 of Deeds, in the office of the County Recorder
` of said Orange County; thence North 0" 30T West along said
2 Easterly line of said parcel to the Northeast corner thereof;;
thence West along the North line of said parcel to a point
24• _ in the Westerly boundary of the said Rancho Santiago de
Santa Ana; thence South 8a 27T West along said boundary line
25 to the point of beginning, containing 29.528 acres,
26 SUBJECT TO:
27
1.
A right of way for pipe
line, as granted to Southern
California
Sugar Company by deed
recorded in Book 225, at page
28
148, and
re- recorded in Book 237,
at page 246 of Deeds, in the
office of
the County Recorder of
said Orange County.
29
2.
Easements for road purposes over that portion
30
included
in Fairview Avenue on the West and that portion
included
in Huntzinger Street on
the South.
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LAW OFFICES OF II A 1
ROLAND TH""'N Illtll
210 SPURGEON BLDG,
SANTA ANA. CALIF.
1 3. Subject to an easement over the Westerly 100 feet
of the above described premises, granted to the United
2 States of America for a railroad spur, with the right of
3 ingress and egress in and over said lands to survey and
carry out survey, improvement and construction work thereon
4 in connection with the construction of said railroad spur.
5
TO HAVE AND TO HOLD the same for the term of three (3) years
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commencing on October 1, 1942, and ending on September 30, 1945.
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And the said party of the second part promises, covenants
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and agrees not to underlet any portion of said premises, nor assign
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this lease without the written permission of the first party.
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That he will personally occupy and till said premises.
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That he will, during said term keep all buildings, fences, corral
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and other improvements now on said premises, or which may
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be out thereon during the term hereof by the first party, in good
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repair, damage by fire or the elements excepted. That he will not
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commit nor suffer waste to be committed thereon, and that said
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second party further covenants and agrees that he will till and
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cultivate said premises in a good,farmerlike manner. That he will,
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in due and proper season, plant or sow said premises to beans,
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and will harvest the same at his own cost, charge and expense,
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as soon as the same is suitable for harvesting.
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Said second party agrees to pay as rental for said premises
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the sum of Eighteen Hundred Dollars ($1800.00), in the manner
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following: $600.00 upon the signing and execution of this contract
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the receipt of which is hereby acknowledged by the first party;
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$600.00 on or before October 1, 1943, and $600.00 on or before
26
October 1, 1944.
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IT IS ALSO AGREED AND UNDERSTOOD that said premises shall
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not be used by said second party for any purpose other than herein
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specified, and that hunting of deer, quail or other game shall
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not be committed or permitted by either of the parties hereto.
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a
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b 2 e
LAW OFFICES OF
ROLAND THOMPSON
210 SPURGEON BLDG.
PINTA ANA. CALIF.
LAW OFFICES OF
ROLAND THOMPSON - 3
V �+
210 SPIIftGEON BLDG.
SANTA ANA. CALIF.
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It is further understood and agreed that the second party
2
may use the well now on said premises for irrigation purposes
3
for the lands herein described, and also the adjoining land on
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the north containing aAOroximately thirty -four (34) acres, However,
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the second party shall keep said well in the same condition as
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the same now is, as to repair, reasonable wear and tear thereof
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excepted, and shall pay for the expense of operating the same,
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It is further understood and agreed that the right of entry
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upon the premises hereby let, for purposes of prospecting and
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drilling water, together with reasonable right of way for roadways
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over which supplies may be hauled to or products from any well or
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wells that may be operated, as well as the right to lay and
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maintain any and all necessary pipe lines, in, on or over said
14
premises, and to erect and maintain telegraph and telephone lines,
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and take, use and occupy, reasonable space for machinery, tanks
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and such buildings as may be necessary, in connection with the
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working of any water wells and to develop water and take and trans -
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port water from any well or wells on said premises,, Any and all
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water is hereby reserved to the party of the first part, its
20
successors or assigns. The second party being hereby given the
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right to recover any damages he may sustain by reason of said
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roadways or rights of way, or the use of the well or wells now on
23
said premises by said party of the first part,
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It is specifically understood and agreed, anything to the
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contrary herein notwithstanding, that said lands constitute water
26
bearing lands of the City of NewportBeach, and may be needed at any
27
time by the City of Newport Beach for the purpose of developing
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water, or using the water now on said premises, as well as the
29
wells thereon, for domestic and municipal purposes, and it is
30
further specifically understood and agreed that said party of the
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first part may at any and all times, during the term of this lease,
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LAW OFFICES OF
ROLAND THOMPSON - 3
V �+
210 SPIIftGEON BLDG.
SANTA ANA. CALIF.
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LAW OFFICES OF
ROLAND THOMPSON
210 SPURGEON BLDG,
SANTA ANA. CALIF.
enter in and upon said premises and appropriate all the water
thereof, including the wells now on said premises, to its own
use, and may during the term hereof drill additional well or wells
upon said premises, or deepen or redeepen the well thereon and may
transport from and off of said premises all of said water now
developed or which may be developed thereon. However, second
party is hereby given the right to recover any damages which he
might sustain to his crop planted on said premises by reason of
first/Darty exercising its option and privileges hereby given.
In the event the first party shall exercise the option herein
granted to it to go in and upon said premises for the purpose
of drilling additional wells thereon, or to use the wells now
drilled thereon, in addition to any damages which second party
shall sustain by reason of the growing crops thereon, said lease
shall terminate and be of no further force or effect for any
purpose whatever, and said second party shall not be liable or
responsible for the payment of any further rents thereunder.
It is further understood and agreed that said second party
shall not use the water from the lands herein leased for any
purpose except for the irrigation of the lands herein leased and
the adjoining thirty -four acres as aforesaid, without the written
consent of the first party first had and obtained, and the City
Engineer of the City of Newport Beach shall enforce this provision
during the term of this lease and shall promptly notify the first
party of any violation thereof, and in this connection it is
understood and agreed that a violation of this provisions shall
ipso facto terminate this lease,
IN WITNESS WHEREOF, the party of the first part has caused
its corporate name to be signed and its corporate seal to be
affixed by resolution of its City Council, the 2nd day ofNovembe)
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w
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1942, by its Mayor and City Clerk thereunto duly authorized,
and the party of the second part has hereunto set his hand the
day and year first above written,
CITY OF NEWPORT BEACH,
r
(SEAL) By - �e Mayor
By ity Cl
Party of the first part
Party o the second part
LAW OFFICES OF
ROLAND THOMPSON tl
210 SFIIRGEON BLDG.
SANTA ANA. CALIF.