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HomeMy WebLinkAbout4041 - Grazing Agreement with Dick Otto• 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 IUXUL+UTION No. WHEREAS, them has been this day presented to the City Council of the City of Ueviport Beach a certain Grazing Agreement between the City and Die'•= Otto; and WHEREAS, it annears to be for the best interests of the citizens of the City of Newport Beach that said Agreement be en- tered into; BOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk be, and they are hereby, authorized and directed to ter into said Agreement on behalf of the City and to execute the same and to deliver an executed copy thereof to the said Dick Otto. The above and foregoing Resolution was duly and regul- arly passed and adopted by the City Council of the City of New- port Beach, at a regular meeting thereof, held on the 9th day of February, 1953, by the following vote, to wit: 23 24 ATTEST: 25 26 27 28 29 30 31 32 AYES, COUNCILVEN: 2ille NOES, COUNCILMEN: SAY, P c ABSENT COUNCILMEN: / {� r G� . Z t n n e ?I �� -o - City Clerk • • 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 :. GRAZING LEASE THIS AGREEMENT, made and entered into this 9th day of February, 1953, by and between the City of Newport Beach, a mun- ioipal corporation of the 6th class, hereinafter referred to as "City ", and Bier- Otto, hereinafter referred to as "Otto ", WITNESSETH: That the City does hereby lease, demise and let unto Otto the property lying in the County of Orange, State of Calif- ornia, more particularly described as follows: That portion of Lot "A" of the Banning Tract, as shown on a Hap of said Tract filed in the Case of Hancock Banning and others vs. Mary H. Banning for partition and being Case No. 6355 upon the Register of Actions of the Superior Court of the State of California, in and for the County of Los Angeles, described as follows: Beginning at the intersection of the center lines of Whittier Avenue and Nineteenth Street as shown on the Nap of Newport Mesa Tract recorded in Book 5, page 1 of Miscellaneous Maps, the center line of said Nineteenth Street being the North line of said Newport Mesa Tract; thence Northerly along the Northerly extension of the center line of said =shittier Avenue, a distance of 30.00 feet; thence Vesterly, parallel with the Uesterly extension of the North line of said Newport Mesa `bract, a distanoe'of 330.00 feet; thence North 1626.00 feet; thence V. , seterly 1063.00 more or less feet parallel with the }Westerly extension of the North line of said Newport Mesa Tract to the West line of land described in deed to,Ednah lace Capron, re- corded October 23rd, 1944 in Hook 1251, page 199 of Official Records; thence South 1650.00 feet along the I,esterly line of said land of Ednah Race Capron to the Southwest corner thereof; 01 -A 1 • 2 3 • 4 5 L� • 6 7I 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 thence Easterly 1393.00 more or less feet along the Westerly ex- tension of the Borth line of said Newport Mesa Tract to the point of beginning. To have and to hold the salve for a period from February 9, 1953 to February 3, 1954, on the following terms and condition (1) It is specifically agreed that Otto will use the demised premises for the purpose of grazing cattle only, and for no other purpose Whatsoever without the previous written consent of the City; (2) It is further specifically agreed that this Lease Is made subject to the rights of the City and its assignees or Lessees., to use the demised premises as a City Dump and also that this Agreement is subject to the right of the City, its assignees or lessees to use the demised premises for the extraction of de- composed granite or the overburden thereof; (3) Otto agrees to pay the City the sum of �AO.00 for the full rent for the term aforesaid, payable upon the execution of this Lease; (4) Otto agrees to hold the City harmless from any damage of whatsoever kind or nature arising out of, growing out of, or on account of the use of the demised premises by Otto and to reimburse the City for any damage caused to any property of the City while located on the demised premises. IN VITNESS 17HL=7,EOF, the City has caused its corporate name and seal to be affixed by its proper officers thereunto duly authorized by Resolution of the City Council of the City of Now - port Beach, duly passed and adopted at a regular meeting thereof held on the 9th day of February 1953, and Otto has hereunto set L14 hand and seal as of the date hereof. CITY OF NE.IVORT BEACH y B -ayor City Clerk E 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. 4041 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 9th day of February 1953, by the following vote, to wit: AYES, COUNCILMEN: . Isbell, Smith, Miller NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Finch, Bennett Dated this 27th day of September 19 57 C ty Clerk aVd Ex- Officio Cler of the City Council, City of =- �'�\ �• Newport Beach, State of California. ."J y • E