HomeMy WebLinkAbout4041 - Grazing Agreement with Dick Otto•
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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:
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ATTEST:
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AYES, COUNCILVEN: 2ille
NOES, COUNCILMEN: SAY, P c
ABSENT COUNCILMEN: / {� r G� . Z t n n e ?I
�� -o -
City Clerk
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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;
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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
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B -ayor
City Clerk
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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.
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