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HomeMy WebLinkAbout5348 - Uplands & Tidelands Boundary LineWWC :mec 12/21/60 RESOLUTION NO. fL A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE CITY ATTORNEY TO • EXECUTE A STIPULATION FOR JUDGMENT ESTABLISHING THE BOUNDARY LINE BETWEEN UPLANDS AND TIDELANDS ALONG A PORTION OF BLOCK D IN BALBOA TRACT WHEREAS, Balboa Inn, Inc., a California corporation, filed an action against the City of Newport Beach, being Superior Court No. 70235, in which the plaintiff sought to establish the boundary line, between uplands and tidelands bordering upon the southeasterly 135 feet of Block D in Balboa Tract in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 4, page 11, of Miscellaneous Maps, in the office of the County Recorder of said County; and WHEREAS, the City of Newport Beach answered and filed a cross - complaint to quiet title to land believed to be tidelands owned by the City under State grant; and WHEREAS, since that time Claire Allen has been substituted as plaintiff for Balboa Inn, Inc.; and WHEREAS, plaintiff has indicated a willingness to settle said lawsuit by stipulating that the boundary line between said portion of Block D and tidelands granted to the City is located parallel to and southwesterly of the southerly line of Ocean Front a distance of 55 feet and authorizing entry of a judgment decreeing that plaintiff is the owner of Lots 12, 13, 14, 15 and 16 in Block 10 of,0aid Balboa Tract and that portion of Block D of said Balboa Tract within the following boundary: Commencing at the northeasterly corner of said Block D; thence-southwesterly along the prolongation of the southeasterly line of said Block D a distance of fifty -five • (55) feet to a point; thence generally west northwest along a line parallel to and distant fifty-five (55) feet from the most northerly line of said Block D a,distance of one-hundred thirty -five (135) feet, more or less, to a point where said line intersects with the southwesterly prolongation of the northwesterly line of Lot 12 in'Block 10 of said Balboa Tract; thence northeasterly along the southwesterly prolongation of the northwesterly line of Lot 12 in Block 10 of said Balboa Tract to a point where said southwesterly prolongation of-the northwesterly line of Lot 12 in Block 10 of said Balboa Tract intersects with the northernmost line of said'Block D of said Balboa Tract; thence southeasterly along said northernmost line of said-Block D a distance of one - hundred thirty -five (135) feet, more or less, to the point of beginning; and WHEREAS, upon review of the facts in this case and the information available with respect to the establishment of said boundary, it appears to be fair and equitable and in the interests of the City of Newport Beach to authorize the execution of said stipulation by the City; NOW, THEREFORE, BE IT RESOLVED that the City Attorney be and is hereby authorized and directed to execute said stipulation on behalf of the City of Newport Beach. BE IT FURTHER RESOLVED that the City Attorney be and is hereby authorized and directed to proceed with said litigation to judgment based upon said stipulation.' ADOPTED this 77th day ®f December, ATTEST: IA`^ City Clerk 0 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 Noy 5348 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 27th day of December, 19 .60 by the following vote, to wit: AYES, COUNCILMEN• Atkinson, Cook, Stoddard, Hart, NOES, COUNCILMEN: ABSENT, COUNCILMEN: Dated this - 28th Lorenz, Somers None Kingsley day of December 19 60 , City Clerk aid Ex Otticlo Clerk of the City Council, Cit of Newport Beach, State of California.