HomeMy WebLinkAbout5254 - Indenture Granting Property to the CityE
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RESOLUTION NO. .Z5-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ACCEPTING AN INDENTURE GRANTING
REAL PROPERTY TO THE.CITY
WHEREAS, there has been delivered to the City of Newport
Beach an indenture dated May 25, 1960, in which the Southern Pacif:
Company, a corporation, grants to the City of Newport Beach, a
municipal corporation, all those certain pieces or parcels of land
situate in the City of Newport Beach, County of Orange, State of
California, being portions of that certain 100 -foot wide strip of
land described in deed to Pacific Electric Railway Company, record,
in Book 7€35, Page 457 of Official Records, in the Office of the
Recorder of said County, and described as follows:
PARCEL 1:
A strip of land, 100 feet in width, lying 50 feet on
each side of the following described center line:
COMMENCING at the intersection of the northeasterly
prolongation of the center line of the alley (10 feet wide)
in Block 129 of the Lake Tract, as per map recorded in
Book 4, Page 13 of Miscellaneous Maps, in the Office of
said Recorder, with the center line of said 100 -foot wide
strip of land described in said deed; thence southeasterly
along last mentioned center line 298 feet to the True Point
of Beginning of the center line to be described; thence
continuing southeasterly.along said center line of the 100 -
foot wide strip of land described in said deed, 600 feet,
more or less, to a point in the northerly line of that
certain parcel of land described in deed to the City of
Newport Beach, recorded in Book 332, Page 15 of Deeds in
the Office of said Recorder.
The side lines of the above described strip of land,
100 feet in width, terminate northerly in a line drawn
at right angles to the above described center line through
said True Point of Beginning, and terminate southerly in
said northerly line.
PARCEL 2:
A strip of land 24 feet in width, being all that portion
of the northeasterly 24 feet of said 100 -foot wide strip of
land described in said deed to Pacific Electric Railway Conpan;
extending from the northeasterly prolongation of the north-
westerly line of 23rd Street (50 feet wide) as shown on Map
of Newport Beach, recorded in Book 3, Page 26 of Miscellaneous
Ma s, in the Office of said Recorder, northerly, to the south-
erly line of that certain parcel of land described in deed to
the City of Newport Beach, recorded in Book 332, Page 15 of
Deeds, in the Office of said Recorder.
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e
PARCEL 3:
A strip of land, 100 feet wide, lying 50 feet on each
side of the following described center line:
BEGINNING at the intersection of the northeasterly pro-
longation of the center line of the alley (10 feet wide) in
Block 129 of the Lake Tract, as per map recorded in Book 4,
Page 13 of Miscellaneous Maps, in the Office of the Recorder
of said County, with the center line of said 100 »foot wide
strip of land described in said deed to Pacific Electric
Railway Company; thence southeasterly along last mentioned
center line 298 feet.
The side lines of the above described strip of land,
100 feet in width, terminate northerly in said northeasterly
prolongation of the center line of said alley, and terminate
southerly in a line drawn at right angles to the above de-
scribed center line through the southerly terminus thereof.
Subject to easements, restrictions, reservations, conditions
and covenants of record.
EXCEPTING AND RESERVING unto Grantor, its successors and
assigns, forever, the title and exclusive right to all of the
minerals, mineral ores and products of every kind within or
underlying said land below a depth of 500 feet, including,
without limiting the generality of the foregoing, all petroleum,
oil, natural gas, and hydrocarbon substances; TOGETHER WITH
the right of ingress and egress beneath the surface of said land
to explore for, extract, mine and remove the same, and the
right to maintain well holes through said land for the purpose
of removing substances from other lands, whether such lands
are adjoining or removed, and every right and use necessary
or useful to such rights, which uses may include lateral or
slant drilling, boring, digging or sinking of wells, shafts
or tunnels; PROVIDED HOWEVER that Grantor, its successors and
assigns shall not use or enter upon the surface of said land,
and shall not disturb any improvements thereon, and shall not
penetrate or remove substances within 500 feet of the surface.
ALSO RESERVING UNTO GRANTOR the right of surface access over
Parcel 2 in order to provide ingress and egress over said prop-
erty to the adjoining property of Grantor until such time as
said Parcel 2 is improved as a public street. Thereafter,
Grantor shall have access to said street subject to applicable
regulations of the public body having jurisdiction, thereof.
SUBJECT TO, and in accordance with, all applicable State and
local laws ;.
and
WHEREAS, said indenture is in accordance with the agree-
ment to purchase said property;
NOW, THEREFORE, BE IT RESOLVED that said indenture be
accepted and the City Clerk is authorized and directed to execute
and attach a certificate of acceptance and consent to the
2.
0
1
of said indenture
in
the County Recorderts
office.
2
ADOPTED
at
an adjourned regular
meeting this 20th day of
3 June, 1960.
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6 ATTEST:
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City Clerk
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )
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. 5254 was duly and
regularly adopted, passed, and approved by the City Council of
adjourned
the City of Newport Beach, California, at a regular/ meeting of
said City Council held at the regular meeting place thereof, on
the 20th day of June 19 60� by the following
vote, to wit:
AYES, COUNCILMEN: Kingsley, Atkinson, Cook, Stoddard,
Hart, Lorenz, Somers
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: None
Dated this 21st day of June 19 60
City Clerk z n x-Otticio C er c of t e
- -= = City Council, City of Newport Beach,
'l�� State of California.