Loading...
HomeMy WebLinkAboutC-510 - Corona del Mar State & City Parks agreement (Inspiration Point Park)OQ r' � 1 =Ll ppp: Wt '4 -4 14 I Z= F-7 14) 41 fn u Iq a to m I to d t F—I 14 ri Q V � �� v m tj lk t � STATE OF CALIFORNIA —THE RESOURCES AGEN CA;LJTRNIA COASTAL SOUTH COAST AREA 245 WEST BROADWAY, SUITE 380 LONG BEACH, CA 40802 (213) 590-5071 AUG 01 1988 �" )'y UF NEWF�'i BEACH / CALIF. GEORGE DEUKMEJIAN, Goro , FTLED: 6 /1.6/88 49th PAY: 8/ 4/88 180th DAY, 12/13/88 STAFF: P.Gupta /dn , STAFF REPORT: 7/20/88 HEARING DATE: 8/9- 12/88 APPLICANT: City of Newport Beach PERMIT NO: 5 -88 -459 PROJECT LOCATION: Ocean Blvd., between Narcissus & Orchid Ave., Newport Beach, Orange County. PROJECT DESCRIPTION: Restoration of slope, replace deteriorated asphalt access trail and scenic overlook with concrete, and installation of irrigation system and vegetation on the bluff. LOT AREA BLDG. COVERAGE, PAVEMENT COVERAGE LANDSCAPE COVERAGE. ZONTNG R -1 Recreation & PLAN DESTr,NATTON_ F.nv.OpPn SP. O.P.LUP Draft, LTTP CPrt:.. T-17P PROJECT DENSTTY_ -- HETGHT ABV. FIN. GRADE -- LOCAL APPROVALS RF,CEIVED: Approval in Concept.. COASTAL ISSUES: Public Access, geology. Public View. SUBSTANTIVE FITS DOCUMENTS: Certified Land Use Plan of Newport Beach SUMMARY: The staff recommends approval with Assumption of Risk condition. ' f 5 -88 -459 Page 2 .. STAFF RECOMMENDATION. The staff recommends that the Commission adopt the following resolution and the findings: I. Approval with Conditions , The Commission hereby grants, subject to tb*e%oonditions below, a permit for the proposed development on theNgrounds that the development, as conditioned, will be in conformity with the provisions of Chapter 3 of the California Coastal Act of 1976, will not prejudice the ability of the local government having jurisdiction over the area to prepare a Local Coastal Program conforming to the provisions of Chapter 3 of the Coastal Act, is located between the sea and the first public road nearest the shoreline and is in conformance with the public access and public recreation policies of Chapter 3 of the Coastal Act, and will not have any significant adverse impacts on the environment within the meaning of the California Environmental Quality Act. II. Standard Conditions: See Attachment X. III. Special Conditions: 1. ASSUMPTION OF RISK: PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT. the applicant shall submit a signed document in a form and content acceptable to the Executive Director, which shall provide: (a) that the applicant understands that the site may be subject to extraordinary hazard from erosion and wave action and the (b) applicant hereby waives any future claims of liability against the Commission or its successors in interest for damage from such hazards and shall indemnify and hold harmless the California Coastal Commission, its officers, agents and employees against any and all claims, demands, damages, costs, expenses. of liability arising out of the design, const.rnction, operation, maintenance, existence, or failure of the permitted project. (The document shall run with the land, binding all successors and assigns, and shall be recorded free of prior liens and any other encumbrances which the Executive Director determines may affect the)' interest being conveyed. IV. FINDING AND DECLARATIONS. A.` Proiect Description. The project is to improve an existing public access trail and the lower lookout point at the Inspiration Point in Corona del Mar (Exhibit No. 2). The project includes replacement of a deteriorated • 5 -88 -959 Page 3 IR asphalt pathway between Ocean Boulevard and the beach and a scenic lookout area with concrete, replace wooden seats with concrete seats, reconstruct the 3'lope including a sea cave, and construct a riprap at the blise of the walkway to protect it from wave action. The project will require the lowering of the trail by approximately two feet which will. require the removal of approximately 700 cubic yards of material which if found suitable may be used in soil cement fill of the sea cave. If the soil is not found suitable, it will be hauled away. The lower viewing area will be widened and provided with seating on seven benches and four out of eight boulders. The slope on the west side of this viewing area has a sea cave which has been experiencing erosion. It will be stabilized by filling a portion of it by a soil cement mixture. The top six inches of the sea rave will be filled with top soil or some other material which can sustain hydr.oseeding and growth. The landscaping of the site includes existing vegetation to remain where feasible and enhance it, where needed, with native plants and re- establishing rare and endangered species. The plant species used in this project will be drought resistant. B. Physical and Visual. 1. Public Access. Article 2 of the California Coastal Act includes several sections requiring maintenance, improvement and where feasible providing public access to and along the coast. The Coastal Act gives heavy emphasis on public access. The City's certified LUP also includes several policies to improve and provide public access in new developments. The proposed site has been designated as Recreation and Environmental Open Space and has been used as one of the major public access and vista point in this general area. It provides two levels of viewing platform with some seating, and trail leading to the beach below. This City facility has been extensively used. The proposal is to maintain the same use and improve the facilities for the public to enjoy. The Commission therefore finds that the project is consistent with the access policies of the Coastal Act as well as with the City's certified LUP. C. Geologic Stability. Section 30253(1) and (2) of the Coastal Act state: New development shall: (1) Minimize risks to life and property in areas of high geologic, flood, and fire hazard. 5 -88 -459 Page 4 (2) Assure stability and structural integrity, and neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area or in any way require the construction of protective devices that would substantially alter natural land forms along bluffs and cliffs. The existing walkway and the viewing platform have been eroding which is causing an unsafe condition. The City is proposing this project to correct this situation. As explained earlier in the project description, the project includes restoration of the slope, partially filling a sea cave and construct riprap to protect the lower end of the trail from wave action. In order to find consistency with the referenced section in reviewing similar project, the Commission has consistently required a condition which requires applicant to assume liability from geologic or wave hazards. The Commission finds that the project as conditioned is consistent with Section 30253 of the Coastal Act. 6534A I 0 Attachment X :o: Permit Applicants From: California Coastal Commission subject: standard Conditions 10 The following standard conditions are imposed on all permits issued by the California Coastal Commission. STANDARD CONDITIONS 1. Notice of Receipt and Acknowled ement. The permit is not valid and development sha 1 not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Co.. fiance. All development must occur in strict compliance with the props set forth in the application for permit, subject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission- approval. 4. Inter retation. Any questions of intent or interpretation of any condition wi a resolved by the Executive Director or the Commission. 5. Ins ectio% The Commission staff shall be allowed to inspect the site an t e development during construction, subject to 24 -hour advance notice. 6. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit.. 7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. 0 PRGLIECT LOCATION \O jh r 1 Fb I pp {ry/ 5�5 t Lc,� � Q• � A 5 V I Q I b I -_ JI � � 1 �RyT)K S)wTf 1 I EXHIBIT NO. I T- 86 - 4591 �o / lei dl %'� l it I FJ I 'i< l etc x Pit I. I '' I .1 l 't1 o a oA �o A L m r^ Z m Q a.. z Z o0 J ¢ U W a cc: z EXHIBIT NO. 2 APPLICATION NO. '3 — 88-4"9 5 -88 -459 State of California, George Deukmejianomor . July 27, 1988 California Coastal Commission NOTICE OF PUBLIC HEARING SOUTH COAST DISTRICT 245 West Broadway, Suite 380 Date: August 10, 1988 - Wednesday P.0. Box 1450 Time: 9:00 A. M. (707) 442 -6441 Long Beach, California 90801 -1450 place: Eureka Inn, 7th & F Sts., Eureka (213) 590.5071 The proposed development described on Page 2 of,this notice is scheduled for a public hearing before the California Coastal Commission at the time and date indicated above. Unfortunately, no one can predict how quickly the Commission will complete items on its agenda or how many items will be postponed to a later date. The Commission will begin the session at the time listed and will consider each item on its agenda in order, except in extraordinary circumstances. The Commission may consider an item even though interested persons are not present. This item has been tentatively scheduled as follows: �j Administrative Permit C Consent Calendar ED Extension Request Adoption of Findings L7 Request for Reconsideration M AmP11&ent Hearing and Voting on Regular Calendar Permit Applications L Continued Hearing and Voting on Regular Calendar Perm <.t Applications LI Public Rearing on Regular Calendar Permit Applications O Significant Question Determination and Hearing and Voting on Appeals from Local Government Decisions G Continued Hearing and Voting on Appeals from Local Government Decisions Other: Information on Coastal Co®ission meeting procedures is enclosed on Pages 3 and 4. If. after reading this information and the project. Information on Page 2, you have questions. please contact Staff Analyst P. Gupta at the Comission's South Coast District Office at the above address pr call (213) 590 -5071. The file on this project is available for public review at the District Office during regular business hours. The staff report will be mailed Coast 16 7/81110/84 • PROJECT INFORMATION Application No.: 5 -88 -459 Applicant: City of Newport Beach i Agent: Irwin Miller Project Description: Restoration of slope, replace deteriorated asphalt access trail and scenic overlook with concrete, and installation of ir- rigation system and vegetation on the bluff. site: Ocean Blvd., between Narcissus & Orchid Ave., Newport Beach, Orange County. Preliminary Calendar: Consent NOTE: The Staff Report will be mailed upon request. i ` Lot �coverage: R47w�.y Building c 4110 077,988 Landscape coverage: Parking spaces: 4G." a Zoning: Qgw',4C Plan designation: :A Project density: Hgt abv finished grade: " d' site: Ocean Blvd., between Narcissus & Orchid Ave., Newport Beach, Orange County. Preliminary Calendar: Consent NOTE: The Staff Report will be mailed upon request. Coast 1 Commission Procedure or rermlts ano nppeais Because the State Coastal Commission now issues all coastal permits for areas without LC ?s, it has developed new, streamlined procedures for considering these permits. Appli- cants should submit their permit applications at the appropriate office. because regional commissions no longer exist, the state commission's workload has increased tremendously.' The following procedures are intended to speed up the process without • neglecting important coastal issues. IF YOU ARE AN APPLICAIT: In most eases, your application rill be Teviewed by the district' staff and placed on the state commission agenda for the earliest possible meeting. Staff will determine if the application can be put on either the consent or administrative calendar or whether it must receive a full public hearing. AD`!I`'ISTRATIVE CALENDAR: Administrative permits may be ernnted by the executive director for rrojects which are minor new developments, additions to existing structures (not exceeding $100,000 in tost),single family residences, or nulti- family projects of four units or less The Coastal Act requires that all administrative permits be reported to the Commission at its next meeting before they take effect. Administrative permits will 'be reported on the administrative calendar. -If four or more commissioners request that an item be held for public hearing, the project will be removed from the administrative calendar and scheduled for a public hearing and possible vote at the next regular com- mission meeting. Conditions may be attached to an administrative permit. Applicants and other interested parties may speak in opposition to the project or its conditions. Testimony is limited to 3 minutes for each side. CONSENT CALENDAR: Projects considered by staff to be consistent with the Coastal Act but which do not qualify for the administrative calendar ray be placed on the consent calendar. Projects on the consent calendar will be aoproved by the commission with a single vote for the entire calendar. If three or more commissioners wish to pull an item off consent, that item will normally be rescheduled for a regular public hearing and possible vote at the next regular commission meeting. Conditions may be attached to consent calendar permits. Applicants who accept these conditions need not speak. Opponents should tell the commission why the project is inconsistent with the Coastal Act. Three minutes will be allowed for each side to speak to the commission. If there are several persons wishing' to address an item, efforts should be made to Wnsoli.:ate pre- sentations in order to stay within the time- limits. Interested persons should check with the commission staff regarding subsequent hearings. REMLAR CALENDAR. PERMIT APPLICATIONS: Projects potentir.11.y inconsistent with the Coastal Act of which can be approved only with conditions for which there are no clear precedents will be placed on the regular calendar and will be considered after a full public hearing. Persons supporting or opposing the project should tell the commission why they think the project is or is not consistent with the Act. Testimony must address coastal act policies and environmental impacts of the project and should not be redundant. Each side is allotted 10 minutes, with the applicant speakin^ Oirst and then the opposition. Spoken rebuttal is not allowed, but written rebuttal or other pertinent material may be submitted to the staff following the hearing. Projects on the regular calendar will normally be scheduled for continued hearing and voting at the next regular commisbion meeting. On some projects, the staff may have enough information to make a preliminary recommen- dation for approval after the public hearing has been held. Ir that case, the commission may vote that day and not postpone the decision. When a staff recommendation is- presented to the commission, -both the applicant and opponents have five minutes each to comment on the recommendations. After the hearing Is closed, the commission will discuss the matter and vote. -3- Coattal Commission Procedures for Permits and Appeals Because the State Coastal Commission now issues all coastal permits for areas without Ups, it has developed new, streamlined procedures for considering these permits. Appli- cants should submit their permit applications at the appropriate office. because regional commissions no longer exist, the state commission's workload has Increased tremendously.' The following procedures are intended to speed up the process without nenlecting important coastal issues. IF TOD ARE AN APPLICAIT: In most eases, your application Vill be =°viewed by the district staff and placed on the state commission agenda for the earliest possible meeting. Staff will determine if the application can be put on either the consent or administrative calendar or whether it must receive a full public hearing. A3WI`'ISTRATIVE CALENDAR: Administrative permits may be °ranted by the executive director for -projects which are minor new developments, additions to existing structures (not exceeding $1009000 in eost),single family residences, or multi- family projects of four units or less The Coastal Act requires that all administrative permits be reported to the Commission at its next meeting before they take effect. Administrative permits will -be reported on the administrative calendar. -If four or more commissioners request that an item be held for public bearing, the project will be removed from the administrative calendar and scheduled for a public hearing and possible vote at the next regular com- mission meeting. Conditions may be attached to an administrative permit. Applicants and other interested parties may speak in opposition to the project or its conditions. Testimony is limited to 3 minutes for each side. CONSENT CALENDAR: Projects considered by staff to be eonsistent with the Coastal Act but which do not qualify for the administrative calendar ney be placed on the consent calendar. Projects on the consent calendar will be approved by the commission with a single vote for the entire calendar. If three or more commissioners wish to pull an item off consent, that item will normally be rescheduled for a regular public hearing and possible vote at the next regular commission meeting. Conditions may be attached to consent calendar permits. Applicants who accept these conditions need not speak. Opponents should tell the commission why the project is inconsistent with the Coastal Act. Three minutes will be allowed for each side to speak to the commission. If there are several persons wishing' to address an item, efforts should be made to consoli4ate pre- sentations in order to stay within the time - limits. Interested persons should check with the commission staff regarding subsequent hearings. RE(:UR CALENDAR. PEMIT APPLICATIONS: Projects potentir11y inconsistent with the Coastal Act or which can be approved only with conditions for which there are no clear precedents will be placed on the regular calendar and will be considered after a full public hearing. Persons supporting or opposing the project should tell the commission why they think the project is or is not consistent with the Act. Testimony must address coastal act policies and environmental impacts of the project and should not be redundant. Each side is allotted 10 minutes, with the applicant speaking 'irst and then the opposition. Spoken rebuttal is not allowed, but written rebuttal or other pertinent material may be submitted to the staff following the hearing. Projects on the regular calendar will normally be scheduled for continued hearing and votiop at the next regular commislion meeting. On some ,projects, the staff may have enough information to make a preliminary recommen- dation for approval after the public hearing has been heW. Ir that case, the commission may vote that day and not postpone the decision. When a staff recommendation is- presented to the commission,-both the applicant and opponents have five minutes each to comment on the recormnendatIons. After the hearing Is closed, the commission will discuss the matter and vote. r EDJ4 al R OF W1 WARNE a R OP • STNATOR CALIFORNIA RESOURCES AOENCY EDWARD F. DOLDER Chief DMsion of Beaches and Park THE RESOURCES AGENCY OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION DIVISION OF BEACHES AND PARKS 1125 TENTH STREET, SACRAMENTO U City of Newport Beach City Hall 3300 West Newport Boulevard Newport Beach, California Gentlemen: May 10, 1962 Corona Del Mar Beach State Park Operating Agreement Enclosed are four copies of Amendment No. 5 to the City of Newport Beach Operating Agreement dated August 19, 1949, The amendment provides for the inclusion in said agreement of additional lands acquired by State in subject park. If this amendment in its present form meets with your ap- proval please have all copies executed, attach to each a copy of the resolution which authorizes execution of the instrument and return them. Upon final approval a fully executed copy will be returned. Enc. CHARLES A. DaTURK Director of Pork and Recreation Sinc ly yours, i SEPH L. MICKELSON, JR. Supervising Title Officer CITY OF NEWPORT BEACH COUNCIL: To: City Clerk From: City Attorney May 22, 1962 Subject: Amendment No. 5 to operating agreement with the State on the Corona del Mar State and City Beach Park Forwarded are the following: 1. Three copies of AAM40"t Xo* 5.to the operating agreement dated August 19, 1949, together with transmittal letter to the City from Joseph L. Mickelson, Jr., Supervising Title Officer, dated May 10, 1962. 2. Proposed resolution which, if adopted by the City Cou4.cil, will authorize the execution of said Amendment No. 5. This amendment provides for the inclusion in the operating gree- ment of additional land acquired by the State for the subject park. If execution thereof is authorized, Mr. Mickelson requests that all copies be executed, with a copy of the resolution author- izing its execution being attached to each, and returned to him. Upon execution by the State, a fully executed copy wiR be returned to the City. /J Walter W. Charamza WWC:mec City Attorney Encs. cc - City Manager `� Public Works Director 2r ',� Q d' Parks, Beaches & Recreation Director CITY OF NEWPORT BEACH DI3POSIT, �e�SS97 � CITY ATTORNEY f11 °¢ c,KeLc May 1, 1962 To: Director of Public Works From: City Attorney Subject: : fi t Ito. 5 1 0 .the operating agreement with the State dated August 19, 1949, on the Corona del Mar State and City Beach Park Transmitted is a aopy of a proposed Amendment No. 5 which will add certain property to the Corona del Mar State and City Beach Park operating agreement between the City and State. It is requested that you examine the description contained in this proposed amendment and indicate whether or not it describes the property that has been acquired by the State. If the description is satisfactory, it is requested that the —7 copy of the amendment be transmitted to the City Clerk. W Walter W. Charamaa WWC :mec City Attorney Enc. cc - City Manager City Clerk P.,B. & R. Director RECEIVED MAY 9-1 1952 PUBLIC WORKS DEPT. Sta 112 Dear Mr Re: Corona dell. bWr Stam, Ond City Beach'PArk OperiE ag Agreement compliance with the request contaip.d letter May, 10, enclosed are .four copies'+, "Mar to the:City of Newport Beach Operaticy"g r- t.date Auguirt:19 '1949. The execution of said t vas authorised by the Council of the City, of Ne*&t Beach on Maki `28, 1962 by the adoption of Resolution "1:. 5597. A duly executed copy of said Resolution is attached.�to each of the four copies of Amendavat Ro.' 5. Please return a fully executed copy of.subject'Agresment. Very truly yours, Ms:ph Ence. cc: City Manager City Attorney PB&R Director Ilk 4&r_. Joseoh Sta 112 Dear Mr Re: Corona dell. bWr Stam, Ond City Beach'PArk OperiE ag Agreement compliance with the request contaip.d letter May, 10, enclosed are .four copies'+, "Mar to the:City of Newport Beach Operaticy"g r- t.date Auguirt:19 '1949. The execution of said t vas authorised by the Council of the City, of Ne*&t Beach on Maki `28, 1962 by the adoption of Resolution "1:. 5597. A duly executed copy of said Resolution is attached.�to each of the four copies of Amendavat Ro.' 5. Please return a fully executed copy of.subject'Agresment. Very truly yours, Ms:ph Ence. cc: City Manager City Attorney PB&R Director I y f 1 20, pages 17 and 18 of Miscellaneous Maps in the Office of the County Recorder of said County. 2 PARCEL 2: 3 All of Lots 9 and 10 in Block A -35, all of Lots 4 9 and 10 in Block A -36 and that portion of Lot 8 in Block A -36 lying northwesterly and lying 5 parallel to the northwesterly line of Iris Ave - 6 nue, formerly 35th Avenue and distant 80 feet southeasterly therefrom of "Corona Del Mar" as shown on a map recorded in Book 3, pages 41 and 7 42, Miscellaneous Maps, records of Orange County, 8 California. 9 Except as herein and hereinbefore amended, the operating 10 agreement of August 19, 1949 shall remain in full force and 11 effect. 12 IN WITNESS WHEREOF the parties hereto have caused this 13 amendment to agreement to be executed by their duly authorized 14 officers, the day and year first hereinbefore written. 15 16 STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION 17 W 19 20 21 22� 23 24 25 26 _.. 27 28 29 30 31 Charles A. DeTurk, Director By CITY OF NNEWPORTT% BEACH By �it c z�.�(� C, 2_� a44— Mayor HHO:eb - 2 - City 1 AMENDMENT NO. 5 TO THE OPERATING AGREEMENT 2 DATED AUGUST 19, 1949 3 4 THIS AGREEMENT, made and entered into this 28th day 5 of May , 1962 by and between the State of California 6 acting through the Department of Parks and Recreation, successor 7 to the State Park Commission and the Department of Natural 8 Resources, hereinafter called "State" and the City of Newport 9 Beach, a body politic and corporate, hereinafter called "City". 10 11 WITNE3SETH: 12 WHEREAS, State and City entered into an operating 13 agreement dated August 19, 1949 for the development, maintenance, 14 control and operation of certain real property for recreation 15 and park purposes in the City of Newport Beach; and 16 WHEREAS, said operating agreement provides that addi- 17 tional real property may be included thereunder; and 18 WHEREAS, additional real property hereinafter described 19 in the City of Newport Beach has been acquired by State for such 20 purpose; and 21 WHEREAS, the parties hereto desire to include the real 22 property hereinafter described under the terms of said operating 23 agreement; 24 NOW, THEREFORE, in consideration of the mutual cove - 25 nants and benefits the parties hereto do hereby amend said 26 operating agreement dated August 19, 1949 to include all that 27 certain real property situated in the City of Newport Beach, 28 Orange County, State of California described as follows: 29 PARCEL 1: 30 Block "C ", tract No. 673 in the City of 31 Newport Beach, Orange County, State of California as per map recorded in Book TO: Finance Director Frank Johnson FROM: City Clerk Margery Schrouder SUBJECT: Contract No. C -510 0 Date July 17, 1962 Agreement received on July 17, 1962, after having been duly executed by State of Calif., Dept. of Parks and Recreation. On June 4. 1962 , the Mayor and City Clerk executed a contract with State of California (Name of Contractor) Division of Beaches and Parks 1125 Tenth Street, Sacramento 14, Calif. (Address) Description of Project: Corona del Mar State & City Beach Park Operating Agreement - Amendment No. 5 is dated Maya 28, 1fiR2 a .Id was executed Said contract �in accordance wit eso ution No. 8497 adopted on May 28, 1962 City Clerk EDMIJVROWN GOV OR OF CALIFORNIA EDWARD F. DOLDER Chief .sion of Beaches and Parks W1. WARNE 4 O. ^TOR RESOURCES AGENCY THE RESOURCES AGENCY Of CALIFORNIA DEPARTMENT OF PARKS AND RECREATION DIVISION OF BEACHES AND PARKS 1125 TENTH STREET, SACRAMENTO 14 City of Newport Beach City Hall 3300 West Newport Boulevard Newport Beach, California Gentlemen: July 12, 1962 Corona Del Mar Beach State Park We enclose one fully executed copy of Amendment No. 5 to the operating agreement dated August 19, 1949. Sincerely yours, JOSEPH L. MICULSON, JR. Supervising Title Officer Enc. CHARLES A. DeTURK Director of Parks and Recrat' ti EOMUVBROWN WI #E. WARNE • OOV OR OF A lTRATOR CKLIVQRNq RESOURCE! &%a.CY EDWARD F. DOLDER Chief Division of Beaches and Parks e� THE RESOURCES AGENCY OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION DIVISION OF BEACHES AND PARKS 1123 TENTH STREET, SACRAMENTO U City of Newport Beach City Hall 3300 West Newport Boulevard Newport Beach, California Attention Margery Schrouder City Clerk Gentlemen: July 16, 1962 Corona Del Mar Beach State Park CHARLES A. DeTURK Director of Parks and Recreation On May 2, 1961 we sent you copies of Amendments Nos. 3 and 4 to the Operating Agreement without obtaining the approval of the Department of Finance for the amendments. We now enclose one conformed copy of each amendment show- ing such approval. Sincerely yours, 1. 1 JOSEPH L. MICKELSON, JR. Supervising Title Officer Encl. EDMUND G. BROWN DeWITT NELSON M Governor Director of NaNral Resoarces STATE OF CALIFORNIA DEPARTMENT OF NATURAL RESOURCES DIVISION OF BEACHES AND PARKS 1125 TENTH STREET, SACRAMENTO 14 May 2, 1961 City of Newport Beach City Hall J300 blest Newport Boulevard Newport Beach, California Attention Margery Schrouder Gentlemen: Corona Del Mar Beach State Park Amendments #3 and y;4 to Operating Agreement Ile enclose herewith one fully executed copy of each of the above amendments. Encl, Sincerely yours, i JOSEPH L. MICKELSON, JR. Supervising Title Officer KEEP YOUR PARKS CLEAN —DON'T BE A LITTERBUG CHARLES A. DeTURK Chief Division of Beaches and Parks CITY OF NEWPORT BEACH �1 \e OFFICE OF THE CITY MANAGER Date February 20. 1%1 yip t' TO: CVY ATTOLVT FROM: Robact sboltan, City FEB .:1 1961 CITY CLERK ,=a CITY OF SUBJECT: ATTACORM NEWPORT BEACH Attechsd are two letters dst46-Zibtiok7 9 1481. from Joseph Le itiakelson Jr, 8upt:visiug Tula "fficer for Ehe K of Rescbes and fasi:s, and aec copy of r�IMwRt 1b* aaMd l 11s. 4 to the Operating reament between the City and US State eave Car"& del Her state wad city Bomb Amendment No. ! adds a meter lots, and Amandmieft Not 4 adds 2 underwater lots to tins properties now covered by the agrve- meat. !lease review tt mse doca meets as to form and, if in as�dsar. transmit them to the City Clerk for censidar+ttion by the Council at its aeetias rtbruary 27. CCs CI Clark mot. ye ,.`..� ROUT SAW= city memager r MW 00 1 Ak1ENDIT- I'T NO. 3 TO OPERATING AGRLZ —nVT 2 between the 3 STATE OF CALIFORNIA, Acting through 4 Its Department of Natural Resources 5 and the 6 CITY OF NEWPORT BEACH 7 8 THIS AGRIMFILIT, made and entered into this 8th day of 9 February, 1961, by and between the STATE OF CALIFORNIA, acting 10 through its Department of Natural Resources, hereinafter referred . 11 to as "State" and the CITY Cie LZZ PORT BEACH, a Municipal Corpora - 12 tion, hereinafter referred to as "City "; 13 W I T N E S S E T H: 15 WHEREAS, State and City entered into an operating agree- 16 ment under date of August 19, 1949, relating to the development, 17 maintenance and control of certain lands located in the City of 18 Newport Beach for recreational and park purposes; and 19 WHSREA , specific provision is made in said operating 20 agreement of August 192 1919, for the inclusion of additional 21 properties; and 22 WIEREAS, State has acquired certain additional real 23 property in the City of Newport beach, hereinafter more parti- 24 cularly described; and 25 WIMMLiAS, it is the intent of the parties hereto to In- 26 elude the land herein described in the current operating agree - 27 ment referred to above; 28 N0WO THEREFORE, in consideration of the mutual covenants 29 and benefits-, the parties hereto agree to amend said operating 30 agreement of August 19, 194,9 to include the land described as 31 follows; 00 L7 1 DESCRIP °'iC;t: (Jack A. Beaver, et al, Parcel} 2 Parcel 1. Lots 1, 2, 3, 8, 9 and 10 in Block D -33 of Corona del Mar, in the city of Newport Beach, 3 county of Orange, state of California, as per map recorded in book 3 page 42 of Miscellaneous Maps, 4 in the office of the county recorder of said county. 5 Parcel 2. Lots 3 and 4 in block E -33 of Corona del Mar, in the city of Newport Beach, county of 6 Orange, state of California, as per map recorded in book 3 page 42 of Miscellaneous Maps, in the office 7 of the county reccrder of said county. 8 Ey _C' o cT an5l portion thereof lying below the line of mean high tide as described in the decree rendered 9 April 3, 1942, in an action entitled County of Orange# Plaintiff, vs. Shirley H. Willits, and others, 10 defendants, Case No. 40024 in the Superior Court of the State of California in and for the county of 11 Orange, a certified copy of which was reccrded April 3, 1942 in book 1141 page 353 of Official 12 :records. 13 Said property to be included into said cperatirg agreement upon 14 acquisition thereof by State. 15 In all other respects, said operating; agreement is to 16 remain intact. 17 11 IITP:ESZS 1: REOF, the parties hereto have caused this 18 anendmert to agreement to be executed the day and year first 19 hereinabove written. 20 STAT1. OP CALIFORA'IA, Acting through its Department of Natural Resources 21 DeWitt Nelson, Director 22 23 24 APNI OV AS TO F01VA 26 WALTER W. CHAIiAP1ZA CfTY ATFORNEY 27 28 29 30 31 CITY OF NEWPORT BEACH By 4;; ;7 ATTEST: . 2 .. q STATE OF CALIFORNIA MIT= OF 01w,"GE CITY OF NE', TORT BEACH) 0 so I, M;13ERy sclRouuER, city :jerk of the City OF Newport Peach, Calilornia, do horeby cerUfy that according to the vecords of the City of Newport Beach ain end maintained in my office, the fore,�oing No was duly and regularly adopted, pass8d, and approvod by the City Council of the City of Newport Beach, California, U a regular meeting Of said City Council held at the regular mReting glace thercoi, On 2701 e b-, u z"'r the ay of ---' —5 by the f (l ollowing vote, to Flit: AYES , COUNCIL KEN-*: NOES, COUNCIVNEW 7 Cook, Sinddard, Hart. T�irgslev, Afkinvor4 NCO - A33ENT, COUNCJ12CN: Vpre Dated W5 6'ay (if 1 0 Q Cjry Council, CjZy of Newport Beach, State of California. 1 directed to exec,ite t`ie sezm on behalf of the City of l4evT07t . Pear' 2 ADO hD t ;ia 27t`i dov c£ febrasry� 3 ¢ Mayor 5 f: yes F ST 4q City clsr�,, i £i 11 12 17 14 1J 1E 1 r 1s s L 41 l ^. �v 24 27 A3 ?9 9 C'7 :';4V. SI, "ED BY 32 1 tESOLUTLON NQ. 2 . A It&GLUTION OF THE CITY i ttU:7.; it OF Ti?E CITY OF T,i ;dP*i {T CLNCii . TAQ-RiZL K; T':L :'i_1:(:i`T1ON ti 3 AMENDMIME 00. 3 TO GPEILATi': ; Es.;1L:U?fi:ii"T VIi { RLSPECT TO TUE COkO.LA I1EL NAK STATE AND CITY 4 ! SEW VARY: E F WtiD_i4 AS, ti:tere alas bOCS preS®at.ed to the City Council of 7 L:,v City V Newport Reach a cert:aLn ay,re,ment: M& t °Ke ;t:.4 clay of g T., cbrnjfzry, IM, entitled "AIL NTR4E._!T NO. 3 TO CF"ERATING AGRI ,E 2E_dT 9 beLwee3 the STATE OF C.ALITCRILA, Acting ti:TO,t;!7 its Depart zoent of 10 ;ate ral Resources s.nd the CITY Of V'rdTO T BEAC.t `, anandinz tKe 11 cpnr:at'ip.`; aiiriieuent d&Cel A"yost 190 13492 berwean the Note oad 12 City relat.ins to certain property inovi as t:ie �;crct:a del tk.r 13 —State aac City L£ne% pnr.% t Q Lau lude therein upon its acquiS:t ion 14 hi 08LC. tte land des.orLbcd es follows: 15 DISC RIPTIO`d: (Jac, A. huav ar, OL al, karcel) 1C Parcel 1. LOLZ If 20 30 , 0 and 13 to Kock 0-33 Of Corona del Isar, is the ci.t•: of Newport Mach, 17 c nnr. OF vraOnev Stag: of Californis, as per map recorJe L 1 ocak 3 p €,,e 42 of Aiscellancou6 tdepz, 1� Ln the Vficl 01: the county 7cco Oder C'" Said county. 19 Farccl 2. Lots 3 :end , !a Tlx.: c -33 or corona del :`dark La the city of Newport 3:l r'il, CV�111CJ OL to Graa1c, stzLe of (Cal! Porn LA, as per map recordej Ln �co= ! page 42 of Viscellaneous Mops, in Chi officva 21 o7 c_,e county rccor&r of said cc +y,ty. 2. MrF: zay portion thereof lyino be.ow the line of &an hiji Lido a& dencrih& La the decree rend.^_rwd April 3, 1' 020 in on action cntl.c.le- omnLy of Wage, Plai.ttif , vs. Shirley H. Willits, and others, 24 0e0001ts, Caea sc. 430K 1I LUd Superior Court: G' the State or Calitcrai.a in end for the count; of 25 Oraroe, a cert'if'ied copy of which "as recorded April 3, 1942 in ?Voi 11.41 page 353 of Official 26 27 a 28; 1':�1� �-z15, t'le. City ::Di1SCII, x M COSS LWOS tAC ter:MS rind 29 coitc:^_ttonn of aaic W= recmnnt Soo lGond 000 to be reas00000 3C% a:'yul_tablo and to t�,..:..1terwsta ov tAe city; 31 Mx', 1-._'2S`MU,, :32 rT PES(TV:. toot said vorcer _,t '„e 32 :14)rn, V, aK t; e Vo or and City .: nr� are hereby 404o .zed anc: I .. i 0 1 DESCF.1PTllUll: (Jack A. Seaver, et: al, I's.reel.) 8 Pe.rcel 1. Lots 1, 2, 3, 8, 9 and 10 in block L -33 sa'd c` Corona del Mar, in the City cf Newport Beach, 8 county rf Oranhe, state of "'ali..forn'Ia, as per map recorded in boo?: 3 page 42 cL Miscel.l.-Ineous Maps, d in the office or the county recc,rde;r �f ssid cc:nty. b Farccl 2. Lets 3 cnd L in block E -33 c`' Corona is del Mar, izi '.,Y:e city of "tewpert -Eeach., county of 8 Orange, state cf California, as per ma, recorded in book 3 page L2 of Yiscellaneous naps, In tt:e of'f'ice 7 of the CG1L ty roccr'er c =f said ecanty. 8 U( —'F ?T any portion thereof lyinu belc:r the lJne of mean ' i6,'.: tide as neccribed in t:he decree rendered 9 April 3, i9t2, ir an action entitled County of OraHe? Plaintiff, vs. :?t,:irley D. Willite, ,and others, 10 defendants, `'ase .To, 140021' in the Superior .;ourt of the 2ta.te of Ca.lifernia in and for the county of 11 Crange, a certified copy of which was recorded April 3, ].9 h.2 in boc? 1143 gage 353 0. Official. 12 'eccrds. 13 BaJ.d T.r,:;perty to be ir,.':, ed into sa'd operatin agreer?ent upon 14 accuisit`on Ceere._. by State, 18 Ir .:.11. cL er respects, said cr.erati.:r.• agreement is to 18 remain intact. 17 1l- a lT. ` i,F J� " ' f .e.V. ECIP, t'o "ari�a e3 t er a tO �i 3V° caused this iS 18 amendnent to A.,7rcerierit to be execute l the day and year first 19 herelrabov -2 written. 20 S: "A ^r.TT' :.i:,IA, acting through 1' +kie.rtnent. of ::atL.ral Re3ources 82 22 23 C!"f,f Cl':Y or 25 � 26 APPROVE? AS TO FORM F} �° i�_�L�� DATI ED: 27� N V, "LTEP. W. CHI PAr-? A TBE. : 28 CITY ATTORNEY ;29 r3L ^�,J Clerk J� 31 C is 1 AMENDMENT NO, 4 TO OPERATING AGREEMENT 2 II between the 3 STATE OF CALIFORNIA, Acting by and through 4 Its Department of Natural Resources 5 and the 6 CITY OF NEWPORT BEACH 7 8 THIS AGREEbENT, made and entered into this 6th day 9 of February, 19619 by and between the STATE OF CALIFORNIA, acting 10 by and through its Department of Natural Resources, hereinafter 11 referred to as "Statelland the CITY OF NEWPORT BEACH, a Municipal 12 Corporation, hereinafter referred to as "City "; 13 WITNESSETH: 14 WHEREAS, State and City entered into an operating 15 agreement under date of August 19, 1949 as amend-ad by Amendment 16 No. 2 to operating agreement dated August 22, 1960 relating to the 17 development, maintenance and control of certain lands located in 18 the City of Newport Beach for recreational and park purposes; and 19 WHEREAS, specific provision is made in said operat- 20 ing agreement of August 19, 1949, for the inclusion of additional 21 properties; and 22 WHEREAS, State has acquired, or is in the process 23 of acquiring, for park and recreational purposes certain addi- 24 tional real properties in the City of Newport Beach hereinafter 25 more particularly described; and 26 WHEREAS, it is the intent of the parties hereto to 27 include the land herein described in the current operating agree - 28 ment referred to above; 29 NOW, THEREFORE, in consideration of the mutual 30 covenants and benefits, the parties hereto agree to amend said 31 operating agreement of August 19, 1949, to include the land 1 described as follows: (Previous owner: Ronald C. Davis, et al) !:I 2 All that certain property situate in the City of Newport Beach, County of Orange, State of 3 California, more particularly described as follows: 4 Lots 4 and 11 in Block D -33 of Corona del Mar 5 as shown in the map recorded in Book 3, pages 41 and 42 of Miscellaneous Maps, records of 6 Orange County, California. 7 Said property to be included into said operating agreement upon 8 acquisition thereof by State. 9 In all other respects, said operating agreement is 10 to remain intact. 11 IN WITNESS ?',HEREOF, the parties hereto have caused 12 this amendment to the agreement to be executed by their duly 13 authorized officers, the day and year first hereinabove written. 14 STATE OF CALIFOIJIIA, Acting by 15 and through its Department of Natural Resources, Division of 16 Beaches and Parks 4 17 B . ..... Y 18 19 CITY :YZ:'e, 20 APPROVED AS TO FORM 21 DATED:�� B Mayor CRY rJ'I iif <vtY 23 B 24 y Cit Cdr 25 26 27 1 28 29 30 31 AJM:ac -2- t ft 1 1 1 1 DI IM between the STATE OF CA.LIFOR1.11A, Acting through 4 Its Department of Natural Resources 0 and the b CITY OF NEWPORT BEACH 7 THIS AGRbE'I, T, made and entered into this 8th day of February, 1961, by and between the STATE OF CALIFORNIA, acting 10 through its Department of Natural. Resources, hereinafter referred. 11 to as "State" and the CITY OF NEWPORT BRACHp a Municipal Corpora - 1x tion, hereinafter referred to as "City "; 13 WI ThRS S2THz 14 _ _ _ _ _ _ 16 WIIEREA.S, State and City entered into on operating; agree - 16 ment: under date of August 19, 194.9, relating to the developments 17 maintenance and control of certain lands located in the City of 18 Newport Beach for recreational and park purposes; and 19 WHEREAS, specific provision is made in said operating 20 agreement of August. 1q, 1949, for the inclusion of additional 21 properties; and 22 WEEPFAc, State has acquired certain additional ren.1 23 property in the ( "Ity of Newport Leach, hereinafter more part:i- 24 cularly described; and 25 WHEREAS, it is the intent of the parties hereto to in- s4 elude the land herein described In the current operating= mg oe- r27 meat referred to above; 20 NOW, TH RJ ORE, in consideration of the mutual covenants 29 and benefits, the parties hereto agree to amend said operating 30 agreement of August 1.9, 1949 to include the land described ,as $1 follows: 3, of AGREEMENT P. between the 7) -ITATi1r, OT" GAIXFQRNIA, Acting by and through A, Tt n Dop;ix-Umqn L of Natural Resources 5 and the 61 GIWT OF NEVVORT DEACH rj 1) THIS AGRUMTRIO made and entered into this 6th day 9 of February, 1961, by and between the ATATE OF CALIFURNIAP acting 10 by and through Its Department of Natural Rea(Airces, hereinafter referred to an "Sbatn"=J the CITY OF NEWPORT DEACH, Corporatioup hereinafter referred to as "City"; WHEREAS, tate and City entered into an operating 15 agremnent under date of August 19, 1949 an amended by Amendmopt 16 Ile. 2 to operating agreement dated August 2k, 1960 relati, to the 17 development, maintenance and control of carLmin lauds located K 18 the City of Newpa-t Beach for recreational and park purposes; Pad Amo WHERBUY specific provision is made In :laid operat- 20 ing agreement of August 19, 1949, for the inclusion of additlonal 2), pvopertles; and 22 WHEREAS, Vate has acquired, or in in the process 27, of acquiring, for park and recreational purposes certain nddi- 24 tional real properties in the City of Newport beach he•eiAafter 25 more particularly desGribed; and P6 WHEREA3, it is the intent of the parties hyrato U.) include the land herejo described in the current operating ngree.- PA want referred to above; t'''i' NO W7 THUFIRIU110.111TI., in consideration of the mutual. zo coveranta and benefUs7 the parties hereto agree to amead nVid Opfrat!Dq Pgreement of August 19; 1949, to Include the Jan(! described an folluWrz, Qre7ious owuerz Ronald G. QVISP WK 01) KA that certain property 51tuake in the City of Newport 110R&P County of Orange, Kate Q.• Galiforniat Pwrn particularly described as follows. 4 lots 4 and 11 In Block B•33 of Corona del Onr 5 nn shown on the map recorded in Book 3, pages 41 Pnd 42 of Miscallannona Maps, records of 6 Orange County, Califor"ie. 7 Enid property to be included into said Operating agreement upon 0 acquisition thereof by Stata- 9 To all other respect3, said operating agreement in 10 to remain intact. 11 IN WITNESA WHEREOF, the partiou hereto have caused 1f t1iji pmendnqut to the agreement to be executed by thoir July 15 a"thorized officvrsy the day aid year first bereinabo7v written. 14 57'ATE OF CALTFORNIA, Acting by V) and through its Deportment of Natural Fyro"rcent DAVISion of DnacheqyAnJ Parks BY 19 20 AP1110YED t%s To FORM mi. 2P WALT I-.R W. OLARA-M� QTY ATTORNEY 24 26 A 31 CITT OF NEW ORT R By, year —2— 27 28 ST 61962 &KAU CAS&TVADA V-74 amma SMM By EWL I OUT 30 31 CITT OF NEW ORT R By, year —2— WW( ;Inec 2126/61 (i.2) 0 1: RESOLUTION NO. 5373 2j A RESOLUTION OF THE CITY COUNC1L CST TU.Ia: GT.'iY OF NEWPORT 51ACH AUT ORIZING TBE EXECUTION OF 3. A19ENDM1"NT NO, 4 TO OPERATING AGRMLNT WTTri (. RESPECT TO TiA: C.ORON'l DEL 114 STATE AND C;I'r 4! =AC1t PARR 5 t W)IERtAS, there has been presQ+:tted to tie City Co..tnct.l of 0 the City of Newport Aeuach a certain agreement dated tie Eta ony o` 8; Febroary, 1961, e.nt.ttlesd "At1.E @11)m.wT 3o. 4 TO OraAT.T.NG AGRi :I•wKE: 1T 9' between the STATE. Of CALIFORNIA, KtLag by and throe h Its Depart: - lO meat o* Natural Resources and the CITY OF 1+EWPQRT BEACI , anzendinF 11' the opaeratloj ai,reamaut Matted August 19, 1949, between :.:stn Stat" 12 and City realat.i.zxg to certain property .Down as the Coroaa 60 hear. 13 ,State and City Botch Park to include therein upon its .ac? uivita_oo 14. by State the land described so follows: (Pre0vious ovine ; Ronald 15; 0. Davis, et al) 16' All that wertaia property ?itiate in tie City of Newport teach, County of OraDgc, State of 17; Oalifornia, tQre particularly dnsc r'4ed as 18' tollows: hots 4 and 11 in Block D•-33 of Coronn del Na 19, as ahow:a on the toy[ recordeJ to Kai 1, pates 1 41 end 42 of Mince laneous .Maps, re,ords of 20' Orany,e CoLiaty, California; 21 and 22 4i:iEC AS. the City Gouncll ';as cona:derod rile terms and 23. � co.icli_tior.is of said af;ree!:N*.rit atxd faunal the*.aa `- Ve reasosaakxl4 and 24' equitable and iA the iaterects of the City: 251 HOOP T&RCFORII, BE 1T RESOLVED ':,hat a6i!d Ka ,re rE-.. -at irk 25' approved, and the Anyor and City Glen are Hereby n, :thor.ized an 271 titreec`:ed to execute the same ot, behalf of the City of : ewpovt 1 281 Beach. 29; ADOPTED this 2?th day of FAbrvary, 1 rl. I � \ 31 _ mayor A S0 32 _ _ _ may clor:. STATY OF CALIFO)MIA COTTUY OF ORANGE CITY OF NEWPOWT 1315ACH) T 1'1,€#1£0 =T KY f)C1TR(4X)F1-',7 City Clerk of the City of Neiq)c'+rt Beach, California, do Weby Qevtify that according to the revorao of the City of Penrort DMAUh Mad and WOW"& A my cry YQP the No, 5373 ran MY Rn-.! . . . ...... . requAcly Sopted, ppstspJ, And approved by the City Council A QQ City of Newport Bench, California, at a regular Weetip, of: WJ City Council held at 1:4e regular meeting place thereof, ao (lay of ' J.9 61 1:bp Z7(,Ik ..-- -("Abrij.Ary I by Vhe vote, to wit: AY t:. b, COVNCILTT'�N; Noul COURCIMEN-. ADNENT, COUNCILMEN: Kingia,loy, Athinpon, Cook, Stoddard, N of If., Holle Pate'l this 6th day of LK City Council, City of Newport Reach, state of Califorvia. I� �J N 0 / n jam r 9C ,o 2 + / / n jam r 9C ,o 2 Q J a ^� p A m`^o 3� i I JL —J F�1mC IL�H�EL /O r.�OPE S� ml C n J C t ✓FISH /NE 1 I 1 Y L4QK5/�UQ ` I C .N O �P y 0 T MA.¢GU6.P /YE n c :g y 8 MAQ/GOtO Ir M: A �� mD n/q,pC/sSU3+ L PO /NSETT /4 Nil ro: o + Q J a ^� p A m`^o 3� i I JL —J F�1mC IL�H�EL /O r.�OPE S� ml C n J C t ✓FISH /NE 1 I 1 Y L4QK5/�UQ ` I C .N O �P y 0 T MA.¢GU6.P /YE n c :g y 8 MAQ/GOtO Ir M: A �� mD n/q,pC/sSU3+ L PO /NSETT /4 Nil ro: o EDMUND G. tMWN + VITT NELSON Governor CHARLES A. DeTURK Dined., of Chief turol Resowces Division of Benches and Parka ti STATE OF CALIFORNIA DEPARTMENT OF NATURAL RESOURCES DIVISION OF BEACHES AND PARKS 1125 TENTH STREET, SACRAMENTO 14 n ;, March 29, 1961 City of Newport Beach $ �n City Hall 3300 West Newport Boulevard IVE3 Newport Beach, California cp ligR :j1 196P CITY C4 n Attention Margery Schrouder CITY OF Te Gentlemen: � Corona Del Mar Beach State Park y City of Newport Beach Amendment No. 2 to Operating Agreement Dated August 19, 19+9 We enclose herewith one fully executed copy of subject amendment dated August 22, 1960. Sincerely yours, �JOSEP9H L. MICKELSON, JR. Supervising Title Officer ' KEEP YOUR PARKS CLEAN -DON'T BE A LITTERBUG OwlUT � � y 40 CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT uv r 5 s-9 December 21, 1960 To: City Clerk 411 aEAco From: City Attorney �l of LyYU`{1 Subject: Amendment No. 2 to Operating Agreement with respect to Corona del Mar State and City Beach Park Attached hereto are seven copies of Amendment No. 2 to'the City of Newport Beach lease agreement dated August 19, 1949, with the State of California, which pertains to the State and City Beach Park at Corona del Mar, together with transmittal letter to the City from Joseph L. Mickelson, Jr., Supervising Title Officer, dated September 26, 1960. Amendment No. 2 provides for including within said lease agreement the lands requested for inclusion by Council Resolution No. 53029 and also provides for the further amendment of said lease agree- ment by the adding thereto of clause 11 which establishes the basis for evaluating improvements in the State and City Beach Park in the event of the taking of the land and improvements by eminent domain. Also attached is a resolution which, if adopted by the City Council, will authorize the execution ofsaid agreement by the Mayor and you on behalf of the City. It has been requested by Mr. Mickelson that, if satisfactory, all copies of said amendment be executed, with a certified copy of the resolution authorizing its execution on behalf of the City being attached to each copy, and returned to his office for execution by the State. JHR:mec Encs. cc - City Manager Park Superintendent Walter W. Charamza City Attorney / 1 F& •.. �&& tant City Attorney EDMUND BROWN 40 D.W ITT NELSON Governor Director of NaNrol Rasovrcec STATE OF CALIFORNIA DEPARTMENT OF NATURAL RESOURCES DIVISION OF BEACHES AND PARKS 1125 TENTH STREET, SACRAMENTO 14 September 26, 1960 City of Newport Beach 3300 West Newport Boulevard Newport Beach, California Gentlemen: Corona Del I'- "Lar Beach State Park Amendment No. 2 to Operating Agreement Enclosed herewith are seven copies of Amendment No. 2 to the City of Newport Beach Operating Agreement dated August 19, 1949. CHARLES A. D.TURK Chief Division of Beach.. and Parks Your attention is invited to the correction that has been made I n said agreement. Refer please to line 23 on page 2, wherein the wording has been changed from "leasehold interest as a whole" to °leasehold value of the improvements as a wholelf. As requested in our letter of September 7, 1960, please execute a new or additional supporting resolution of the City Council to cover the change being made in the original operating agree- ment by the insertion of the additional clause at line 11 et seq, page 2 in this agreement. If this amendment in its Dresent form is satisfactory, please have all copies properly executed, attaching to each copy thereof a supporting resolution of the City Council, and return to this office for further processing. RECEIVEp ,\ z\ SEP28 1960► C11'i uF r , Encl. NEWPQRi EFACH, %9 Sincerely yours, JOSEPH L. IkICKELSON, JR. Supervising Title Officer KEEP YOUR PARKS CLEAN —DON'T BE A LITTERBUG WWC tale* z/24/6i 1 21 31 4 5 6) 71 8' 9i 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31; 321 RESOLUTION NO. Ka7-4 A RESOLUTION OF TH CITY CONCIL OF THE CITY OF NN PORT BRACH AUTHORIZIM, THE E COTION OF AMENDMENT NO. 4 TO ONRATIM AO XT WITH RESPECT TO THE Comm tu MAR STATE AAA CITY BEACH PAU WHEREAS, there has been presented to the Clay Council of- the City of Newport Beach a certain agreement dated the 60 day of February$ 1961, entitled "ADEs1AlWNT No. 4 TO OPERATING AGl¢EEMNT between the STATE AP CALIFORNIA0 Acting by and through Its Depart- ment of 04turai Resources and the CITY OF NEWPORT BEACH ", amending the operating agreement dated August 19, 1949, between the State and City relating to certain property 'known as the Corona deal Max State and City Beach Park to include therein upon its acquisition by State the land described as follows: (Previous owner: Ronald C. Davis, at al) All that certain property Situates in the City of I export B"aach, County, of orange, State of Cali.fa;�w Mrs :particularly described as follow>a t Lots 4 and 11 in Block D -33 of Carona del Her as shown 00 the mapp recordod in Boogie 3, paps 41 and 42 of Xi,acel,lanreous Maps, records o Orange County, California-, and MPYAS, the City Council has considered the terms anti conditions of said agreement and Found them to be reasonable and equitable and in the Interest* of the Ci.tyi NOW, 'TURt5FORS, BE IT RESOLVID that said agreement be approved, and the Mayor and City Clerk are hereby authorized and directed to execute the aame on behalf of the City of Newiport Bach. ADOPTED this 27th dray of ruary, 961. AnT mayor ES"T t City t+da rT .• YES. state of California . Dspartmeat of Natural Resourcas KvIsion of Beaches and larks Liss TWO street. Sacsasrato 14, California Attention$ Joseph L. Michelson, Jr* SuoervisUM; Titla Of ASK Rat CeT del _ Mss B"ah ' atafe lark, to operating Gentlaftsat Pursuant to your letter dated SOPtbmbar 15 19602, we are roturaing herewith the seven ies of As proposed admeat No. 2 to the opera&t ag agsaa- nent between the state of California. and the: City of xanpart Beach$ along with sopies of Resolution no. 5302 in which the city of Beach requested that Uock A•34 as -abown on the nap of Corona del Mar recorded in Beak 9, pa es 41 and 420 of Miscellaneous Maps, Record, ofg orange County California, be included within the Corona daj Mar State and City beach Park and that said Block A -34 cam under the lease agree« meat between the state and City. iTpva the amendamnt being revised and returned to tht City. it will be presented to the City Council for consideration. We wish to thank you for your attention to this request. Very truly yours, WWC :msC Brace. Walter W. Charamsa City Attorney EDMUND G. BROWN DeW1TT NELSON Governor Dirwor of Nafmol Resources STATE OF CALIFORNIA DEPARTMENT OF NATURAL RESOURCES DIVISION OF BEACHES AND PARKS 1125 TENTH STREET, SACRAMENTO 16 September 15, 1960 City of Newport Beach 3300 West Newport Boulevard Newport Beach, California Gentlemen: CHARLES A. DeTURK Chief Division of Beaches and Parka r ot �r\01 REC�11rE6 Corona Del Mar Beach State Park Amendment No. 2 to Operating Agreement We ask that you kindly return all copies of Amendment;: -: -,r' No. 2 to the Operating Agreement, which were forwarded to you on September %, 1960, as we have been advised by our legal staff that we inadvertently made an error in the preparation of said amendment. Doe wish to take this opportunity to apologize for any inconvenience this matter may have caused you, and to advise that we will immediately correct and return these amendments to you. Sincerely yours, . / Via- / JOSEPH L. MICKELSON, JR. Supervising Title Officer KEEP YOUR PARKS CLEAN —DON'T BE A LITTERBUG EDMUND G. BPQWN DeWITT NELSON Governor CHARLES A. D.TURK Chief Director of ,, NOW,.] Resources O Divis . of Beaches and Parks STATE OF CALIFORNIA DEPARTMENT OF NATURAL RESOURCES DIVISION OF BEACHES AND PARKS 1125 TENTH STREET, SACRAMENTO 14 September 7, 1960 City of Newport Beach 3300 'lest Newport Boulevard Newport Beach, California Gentlemen: Corona Del Mar Beach State Park Amendment No. 2 to Operating Agreement Enclosed herewith are seven (7) copies of Amendment No. 2 to the City of Ne4m ort Beach operating agreement dated August 19, 1949• This amendment provides for the inclusion in said operating agreement of certain additional property in the Corona Del Mar Beach State Park area, which State has recently acquired. Your attention is invited to line 11 et seq, on page 2 of said agreement, wherein. we are amending the terms of the original operating agreement by the addition of a clause 11. This amendment will be incorporated into all of our opera- ting agreements in order to clarify an issue, which has in the past, caused misunderstanding in some areas of the State. We ask that you kindly attach a new or additional supporting resolution of the City Council to cover this additional amendment regarding said clause 11. He wish to advise you that the Department of Natural Resources, Division of Beaches and Parks is now the controlling authority of the State Park System, in place of the State Park Commis- sion. (Amended by Statutes 1959, Chapter 2164, Section !..) KEEP YOUR PARKS CLEAN —DON'T BE A LITTERBUG City of Newport Beach —2— September 70 1960 If this amendment in its present form is satisfactory, it is requested that all copies be executed and returned to this office for further processing. Sincerely yours, r �AOSEPH L. MIICKELSOI , R. Supervising Title Officer Enc. k w 1 II NO. 2 TOPZRATIvG AGREEMENT 2 between the i 3 STATE OF CALIFORNIA, Acting by and through 4 (' Its Department of Natural Resources, 5 I� Division of Beaches and Parks 6 I and the 7 CITY OF NEWPORT BEACH 8 9 THIS AGREEMENT, made and entered into this 22nd day of 10 August, 1960, by and between the STATE OF CALIFORNIA, acting by 11 and through its Department of Natural Resources, Division of 12 Beaches and Parks, hereinafter referred to as "State" and the 13 CITY OF NEWPORT BEACH, a Municipal Corporation, hereinafter 14 referred to as "City "; 15 i W I T N E S S E T Hi _. 16 17 WHEREAS, State and City entered into an operating agree -1 18 ment under date of August 19, 1949* relating to the development, 19 maintenance and control of certain Lands located in the City of 20 Newport Beach for recreational and park purposes; and 21 WHEREAS, specific provision is made in as id operating j 22 agreement of August 19, 19491, for the inclusion of additional 23 properties; and 24 WHEREAS, State has acquired certain additional real 25 property in the City of Newport Beach, hereinafter more parti- 26 cularly described; and i 27 WHEREAS, it is the intent of the parties hereto to in- 28 elude the land herein described in the current operating agree- 29 ment referred to above; 30 31 0 0 1 NOW, THEREFORE, in consideration of the mutual covenants, 2 and benefits, the parties hereto agree to amend said operating 3 agreement of August 19, 1949 to include the land described as 4 follows: (Citizens N.T. & S. Bank and Florence G. Hall, et al) 5 �� All that certain'property situate in the City of Newport Beach, County of Orange, state of California, 6 more particularly described as follows: i 7 Block A -34 as shown on a map of Corona Del Mar recorded in Book 3, pages 41 and 42 of Miscellaneous 8 Maps, Records of Orange County, California 9 Said property to be included into said operating agreement upon 10 acquisition thereof by State. 11 Clause 1 of Paragraph 2 of said agreement dated 12 August 19, 1949, provides as follows: 13 "The provisions of this agreement may be altered, changed or amended by mutual consent of the parties 14 hereto." 15 NOW, THEREFORE, it is mutually agreed by and between 16 state and City that the said above - mentioned agreement is hereby 17 ltered and amended by adding thereto clause 11 as follows: 18 If during the term of this agreement subject property 19 is taken in eminent domain, the entire award shall be paid to the State, provided, however, that there 20 shall be paid to any concessionaires the leasehold value of their improvements less the leasehold value 21 of any such improvements acquired by the City and there shall be paid to the City the value of the 22 leasehold interest of the improvements constructed or acquired by the City, provided, further, that the 23 sum of the value of the leasehold interest of the City and the concessionaires shall not exceed the 24 leasehold value of the improvements as a whole. 25 In all other respects, said operating agreement is to 26 remain intact. 27 28 29 30 31 -2- 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 IN WITNESS WIMT6OPp the parties hereto have caused this amendment to agreement to be executed by their duly authorized officers, the day:-..and year first hereinabove written* STATE OF CALIFORNIA, Acting by and through its Department of Natural Resources, Division of Beaches and Parke DeWITT VMB1969F,0?BMWCW'v0 5er' ViCes .3- L % JJ MAR L % 1 2i 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 (it) a� wauu$p tha $tat* FOB comodsolon of the Ptak* of I Wiwi vi u, $* pwrogroph 9 of said sear ate Provides vtat rmy adtlittmal "orties sequirtil by the State krark Commission to the MV * said $tote Park CowoAsslou has t the real propwty h . tee° da"ribod adjoin.ift &aid park& m aai MAW* * it t44 be itx the intoreat of the city and in the, putlle interest to hava said propovty . Luoludod vithita aatul pars: std 004trol loot mtal"64, a+Ad A*VOLOPOA alb vith the other. wog Tim"Vono SL a " W�r�"!� that tho City io'#d- it of Um City of t Soh hereby r ots that the ' real proparty d� Orl as A 'Mast .i 1 2 3 4 5 6 i 7 8I 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2.6 27 28 29 30 31 32 ' a * atgULWO4 o ftrk ` s a bo 004 a part or StA LMIQOAW W1,41•ta tw 104#0 Nth: to T ymma ARSOLVO thot at; ifI topy oaft.h V" aat4 bO tV*jM0Mjtt#4 tO tbO StStO PSVk COWMASGUM Of CrW t4tate of IL.E & for 4alww"atten 09 tbo V"Usot hweby md". rURXWA XUMVIO that the approv4l of th r t by tj" tat* Park COMALSOWA the ':1ty of i4owpork Via asm "m TheOvatrals 3=404utivao Gov*,, and mutomade of said ,and el Ww **as aloft with the comw dal box state gAaa CLty h Pork. ADMO thlo 22ad day of A & RFM b 2. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF NEWPORT BEACH) I, MARGERY SCHROUDER, City Clerk of the City of Newport t. 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. 5302 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 22nd day of August 19 60 , by the following vote, to wit: AYES, COUNCILMEN: Atkinson, Cook, Stoddard. Hart. Lorenz, NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Kingsley Dated this 24th day of August , 1960 �v\ City Clerk aDd E*-Otticio Clerk ot the City Council, City of Newport Beach, State of California, %o6t! (aj "SOLUTION NO* 6 Ij WfMRAAS, there has been presrerttnd to the City s oUacil Of I:. 7 the City of hit ftoch a certain agreement dated August A 81 1960, entitled "A .. . 2 k0 (PZRATI MG AGRMOOM between the 9 STAB OF CALMANTA, Acting by and thxaUgb Its UqmrtmMt Of Staten; 10 Rsg4nweasp olvlvion of 'tea *hes ead parks and the CITY OF mEWPORT 11 to 'which is attached a certified copy of Resolvition 'lea. 12 ! !M2, a resolution of the City Council Of the Gity Of Newport 13 r Reach requesting cortair, Fr y acquired by the ftete Park, C - 14 Station Of the State Of CalitbruiS be 1U l u& vdthirt the State 151 said City Beach Perm+ at Cmres'una "I Her; acsd 16 WMMAS. tt City Council has oomidevaid the torm an 17 cOn4itioos of said agrewmat and found them to be reasonable, an 181; equitable and in the inteevattsr of the City; 19 , TRWYMO BE IT =3014VIM that said agreement he 20 spproved, and the myor anti city Clerk are hereby authertz*4 and i 21 4 re cted to orAmutea the same (m behalf of the City of tde p rt. li t 22 ADOMD this 27th 4sy Doc .. _.. /o 100 � 23 24 25 ATTEST I v curu i 28 29 30 31 32 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 5350 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: NOES, COUNCILMEN: ABSENT, COUNCILMEN: Dated this 28th L. -- Atkinson, Cook, Stoddard, Hart, Lorenz, Somers None Kingsley day of December , 19 60 1ty Cierk,an X-OttiCio er o t e City Council, City of Newport Beach, State of California. Ju:LY 15, 1959 ? . zma xr..e . :, via nw NMI l rA'wi w teaP Feq* �x E-41,iy F.Y:6.YfCi Caw mer JUly 3.5s 10, 5 `i gG 695.ftwimm Drive Corwa da Mr,* y Dear The 4' n' i *'... 4Q'. letter to oall to d" i 5.,:; a..; that a i� '. 48POOMOnt I*UMM YOU and the City or Part ftaoh relating to the corom del Mr O i be S Y .:: 3 the City do:.. rat Intend i R renew c extend this 4 `jnS Walter W. obaraurA { kii.LYlir !f Ito At Dull 15a 1959 Kirwoods Paul 3, Long$ ! and Robert Gmee Attentiont Charles d Sahlegal E] - 3 Se Santa 803 No Broadwsq California 1L i' a G.itt -i.'Q The Purpose ot this letter is to advIss you that v very tR'ii,i'1i yours. mlFV a.Tlit'iy City Attorney City y1anaw City r.exik OF T'E__. fit.. 1`: Ii 1. i':• !t'PG .San t"'ranci; c4, California August 18, 1950 GG 'U VA -Ia. =':v : tl.'ti. Lands Officer : en lecsey.. in accordance ;,fLth rewue-st Of this lvo:. ^nnission, discussed the opera- tion agree�..ent between this :Oo _,,ission and the City of Newport Beach, having to do with the care, maintenance and control of beach areas at Corona Del 'ar, relative to Item 7 thereof, i-hich provides that either party may terminate the agreement at any time during the term thereof, u_son one years written notice to the other party. Ve stated that deletion of this clause would make it identical with the similar agreement between the State "ark Commis- sion and the County of Los An -eles, which provides for termination by mutual consent of the parties thereto: He stated further that the State Department of Finance had indicated that it had no objec- tion to the clause in question in the City of Newport Beach opera- ting agreement. It was moved by Com ^:iss.ior_er Yasch that the termination clause under Item 7 of the City of Newport Beach operation agreer!_ent be deleted, thus :;- roviding the privilege of termination by mutual cor<sent. 00000000 Seconded by Commissioner ucott and approvedo 00000000 00000000 Is J. H. Covington, -Executive Secretary of the State =ark Commission of the State of California, do ":ereby certify that the foregoing resolution was adopted by the .ajority vote of the ?:embers of the State Park Cor=.ission of the State of California, at a meeting held pursuant to due and legal notice to the members thereof at San Francisco, California, August 18, 1950. ye Sec ' AN I �h: T City t of Newport Beach I T Y C 0 U N C I L G SY oF' ,joi? °R October 17, 1957 SUBJECT: PRELIMINARY REPORT OF THE TECHNICAL ADVISORY COMMITTEE ON MASTER PLANNING FOR THE CORONA DEL MAR STATE AND CITY BEACH PARK. Preface: Prior to graphic presentations to be prepared in cooperation with the Engineering Department of the City, the following `evaluations are presented for analysis and criticism. EARLIER`PLANS AND, STUDIES USED AS REFERENCE: 1. The Report of the Citizens' Advisory Committee of Capital Improvements, dated July, 1957. 2. Report of a Special Committee, A. K. Phelps and Robert Ball, Co- Chairmen, dated June 3, 1957, submitted June 24, 1957. 3. Report of a. Special Study Team for the Parks and Recreation Study Group of the Citizens' Advisory Committee on Capital Improvements, by Robert Ball and Grant Howald, dated April 17, 1957. 4. Master plan precis titled "Proposed Beach Development" by Hahn, Wise and Associates, June 1957. 5. Report of the Parks, Beaches and Recreation Committee of the Women's Civic League, Mary Burton, Chairman, May 29, 1956. 6. Master Plan for the City of Newport Beach, by.Hahng Campbell and Associates, September 1949. 7. A Plan for the Corona del Mar Memorial State Park by H. E. Terrell, August 22, 1946. PRELIMINARY FINDINGS OF THE COMMITTEE; 1. Beach Loading and Parking area ratios are summarized and adjusted in the light of the above reports and of the phy- sical nature of the area as follows: a. One person per 100 square feet of sand area. Sand area to be defined as an area from mean high tide to a depth Inland of 200 feet. b. Estimate for parking based on not more than .three persons per car. C. Idoal depth of parking belt not in excess of 200 feet. Page 1 d. The above establishes a ratio for planning purposes of one auto and three per +s for each 0 1 -ineal feet of beach frontage. 2. No plan or report appears to adequately.distribu#,f-the parking and beach toad equitably in relation to beach frontage. 3. Agreements: The Committee subscribes to the following beliefs which are more or leis; unanimously advanced in the above reports: a. Existing conditions, (uch as buildings, roads and the Tike) shall not influence the development of a proper Master Plan but shall only be considered after the plan is formulated. b. The general "visual appearance of the area" shall be so planned as to have•,�he look of a park rather than a parking lot. 4. A difference of opinion appears in above reports as to the need for a secondary access. The Committee does not find such an access necessary in the light of developments so far visualized. 5. Private property facing the Beach and Parking Areas: The property is �a entirely �e residence zoning and, although there may be no legal responsibility i{.is desir- able to plan a planting buffer between zones and provide proper access to private properties. 6. Concessions, i.e. Public Service facilities a. Whether to be managed publicly or. privately, improve - ments should be undertaken only in strict conformity with a Master Plan. b. A minimum of two Public Service Zones will be required. Planning will need to make the best use of such facil- ities to adjust for the extraordinary range of such loads between Summertime weekends and Wintertime week- days. 7. Pirate's Cove -Rocky Point area: No plan to date attempts to utilize the extraordinary values of this protected are of Bay frontage. The Committee sees three immediate inhibitions to optimum use which can be rec- tified with relatively little effort. They d�^�: a. No access. b. Severe tidal scour which makes the area untenable in periods of high tide. c. Liability presented by..privately owned underwater, off- shore lots to the future of the area as public beach. 8. Inspiration Point and Buck-Gully; It is the opinion of the Committee that these areas have not had sufficient study in the above reports and that they will need further planning. 9. No master plat of the beaches above mentioned has existed to this time.. As a prerequisite to future planning the Committee has requested surb plat and it is our understand- ing that this is being prepared. Upon receipt of this master plat and of such criticisms. as the City Council may offer in view of this resume, it is the intention of the Committee to prepare overlays . which will suggest major solutions towards an effective Master Plan. TECHNICAL ADVISORY COMMITTEE on MASTER PLANNING for the CORONA DEL.MAR STATE and CITY-BEACH PARK Richard Pleger Rex Brandt William Blurock Page 3 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 EDMUND G. BROWN, Attorney General WALTER S. ROUNTREE, Assistant Attorney General LESTER ZIFFREN, Deputy Attorney General BENJAMIN E. KING, Deputy Attorney General 600 State Building Los Angeles 12, California Telephone: MAdison 6 -1515 Attorneys for Plaintiff IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF ORANGE PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff, v. FLORENCE G. HALL, MARTHA H. MERRILL, BRUCE P. HALL, JR., ROBERT R. HALL and BEULAH WALLS, as Co- Trustees of Trust Created by Last Will of BRUCE P. HALL, Also Known as B. P. HALL, Deceased; FLORENCE G. HALL and ROBERT R. HALL, As Co- Executors of the Estate of BRUCE P. HALL, Also Known as B. P. HALL, Deceased; THE HEIRS AND DEVISEES OF BRUCE P. HALL, Also Known as B. P. HALL, Deceased; ALL PERSONS CLAIMING BY, THROUGH OR UNDER SAID DECEDENT; THE IRVINE COMPANY, A Corporation; THE IRVINE BEACH AND COUNTRY CLUB ESTATES, LTD., A Corporation; HARRY W. TAYLOR and HELEN M. TAYLOR, Husband and Wife; WILLIAM G. CARTTER and MAY C. CARTTER, Husband and Wife; FRANK R. SPRATT; CITIZENS NATIONAL TRUST AND SAVINGS BANK OF LOS ANGELES, A Corporation; CITY OF NEWPORT BEACH, A Municipal Corporation; COUNTY OF ORANGE, A Political Subdivision; ALL PERSONS UNKNOWN CLAIMING ANY TITLE OR INTEREST IN OR TO THE WITHIN DESCRIBED PROPERTY; JOHN DOE ONE to JOHN DOE TWENTY, INCLUSIVE; JANE DOE ONE to JANE DOE TWENTY, INCLUSIVE; DOE CORPORATION ONE, A Corporation to DOE CORPORATION TEN, A Corporation, INCLUSIVE; and DOE COMPANY ONE to DOE COMPANY TEN, INCLUSIVE, Defendants. 1. 90. 72469 SUMMONS 1 2� i 3� 41 5j g 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 40 THE PEOPLE OF THE STATE OF CALIFORNIA SEND GREETINGS TO: FLORENCE G. HALL, MARTHA H. MERRILL, BRUCE P. HALL, JR., ROBERT R. HALL and BEULAH WALLS, as Co- Trustees of Trust Created by Last Will of BRUCE P. HALL, Also Known as B. P. HALL, Deceased; FLORENCE G. HALL and ROBERT R. HALL, As Co- Executors of the Estate of BRUCE P. HALL, Also Known as B. P. HALL, Deceased; THE HEIRS AND DEVISEES OF BRUCE P. HALL, Also Known as B. P. HALL, Deceased; ALL PERSONS CLAIMING BY, THROUGH OR UNDER SAID DECEDENT; THE IRVINE COMPANY, A Corporation; THE IRVINE BEACH AND COUNTRY CLUB ESTATES, LTD., A Corporation; HARRY W. TAYLOR and HELEN M. TAYLOR, Husband and Wife; WILLIAM G. CARTTER and MAY C. CARTTER, Husband and Wife; FRANK R. SPRATT; CITIZENS NATIONAL TRUST AND SAVINGS BANK OF LOS ANGELES, A Corporation; CITY OF NEWPORT BEACH, A Municipal Corporation; COUNTY OF ORANGE, A Political Subdivision; ALL PERSONS UNKNOWN CLAIMING ANY TITLE OR INTEREST IN OR TO THE WITHIN DESCRIBED PROPERTY; JOHN DOE ONE to JOHN DOE TWENTY, INCLUSIVE; JANE DOE ONE to JANE DOE TWENTY, INCLUSIVE; DOE CORPORATION ONE, A Corporation to DOE CORPORATION TEN, A Corporation, INCLUSIVE; and DOE COMPANY ONE to DOE COMPANY TEN, INCLUSIVE, Defendants: YOU, AND EACH OF YOU, ARE HEREBY DIRECTED TO APPEAR in the special proceeding entitled as above, brought against you, and each of you, by the State of California, in the Superior Court of the State of California, in and for the County of Orange, to appear and answer the Complaint in Eminent Domain herein within ten (10) days, exclusive of the date of service on you of this Summons, if served within said County, or within 2. 12 3 4; 5; i 6i 7� 8 i 91 10� 11 12+ 13� 14 I 15� 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 0 thirty (30) days if served elsewhere. Said proceeding is brought to condemn the lands hereinafter described for a public use and purpose, to wit: for the extension, improvement or development of the State Park System. Said real property is situate, lying and being in the County of Orange, State of California, and more particularly described as follows, to wit: PARCEL 1: Block C of Tract No. 673, in the City of Newport Beach, County of Orange, State of California, as per Map recorded in Book 20, Pages 17 and 18, of Miscellaneous Maps, in the office of the County Recorder of said County. PARCEL 2: All that portion of Block A -34 of Corona del Mar, in the City of Newport Beach, County of Orange, State of California, as per Map recorded in Book 3, Pages 41 and 42, of Miscellaneous Maps, in the office of the County Recorder of said County, described as follows: Beginning at a point on the northerly line of said block A -34, which bears North 790 021 12" West 139.05 feet from the northeasterly corner of said block; thence South 390 55' 45" West parallel with the southeasterly line of said block, 173.36 feet; thence North 500 04' 15" West 125,00 feet to a point on the northwesterly line of said block; thence North 390 55' 45" East 197.35 feet to the most northerly corner of said block; thence southeasterly along the northerly line of said block, to the point of beginning. The parcels or tracts of land sought to be taken in fee for said public use and purpose are particularly described in the said Complaint in Eminent Domain in said proceeding, and you are hereby referred to said Complaint in Eminent Domain for said particular description. And you are hereby notified to appear and show cause, if any you have, why the said property 3. J e s. 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 i 31; particularly described in said Complaint in Eminent Domain should not be condemned as prayed for in said Complaint in Eminent Domain. And you are hereby notified that unless you appear and answer as above set forth, said plaintiff will apply to the Court for the relief demanded and prayed for in said Complaint in Eminent Domain. WITNESS my hand and the seal of the Superior Court of the state of California, in and for the County of Orange, this 21 day of May, 1957. LYNN B. WALLACE County Clerk and ex officio Clerk of the Superior Court of the State of California, in and for the County of Orange. By S /JOHN C. LEWIS _We`pU-My 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 40 EDMUND G. BROWN, Attorney General WALTER S. ROUNTREE, Assistant Attorney General LESTER ZIFFREN, Deputy Attorney General BENJAMIN E. KING, Deputy Attorney General 600 State Building Los Angeles 12, California Telephone: MAdison 6 -1515 Attorneys for Plaintiff IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF ORANGE PEOPLE OF THE STATE OF.CALIFORNIA, Plaintiff, v. FLORENCE G. HALL, MARTHA H. MERRILL, BRUCE P. HALL, JR., ROBERT R. HALL and BEULAH WALLS, as Co- Trustees of Trust Created by Last Will of BRUCE P. HALL, Also Known as B. P. HALL, Deceased; FLORENCE G. HALL and ROBERT R. HALL, As Co- Executors of the Estate of BRUCE P. HALL, Also Known as B. P. HALL, Deceased; THE HEIRS AND DEVISEES OF BRUCE P. HALL, Also Known as B. P. HALL, Deceased; ALL PERSONS CLAIMING BY, THROUGH OR UNDER SAID DECEDENT; THE IRVINE COMPANY, A Corporation; THE IRVINE BEACH AND COUNTRY CLUB ESTATES, LTD., A Corporation; HARRY W. TAYLOR and HELEN M. TAYLOR, Husband and Wife; WILLIAM G. CARTTER and MAY C. CARTTER, Husband and Wife; FRANK R. SPRATT; CITIZENS NATIONAL TRUST AND SAVINGS BANK OF LOS ANGELES, A Corporation; CITY OF NEWPORT BEACH, A Municipal Corporation; COUNTY OF ORANGE, A Political Subdivision, ALL PERSONS UNKNOWN CLAIMING ANY TITLE OR INTEREST IN OR TO THE WITHIN DESCRIBED PROPERTY; JOHN DOE ONE to JOHN DOE TWENTY, INCLUSIVE; JANE DOE ONE to JANE DOE TWENTY, INCLUSIVE; DOE CORPORATION ONE, A Corporation to DOE CORPORATION TEN, A Corporation, INCLUSIVE; and DOE COMPANY ONE to DOE COMPANY TEN, INCLUSIVE, Defendants. 1. 72469 NO. COMPLAINT IN EMINENT DOMAIN 111 The plaintiff, the People of the State of 2 I California, complains of defendants, and each of them, 3 M and for cause of action alleges as follows: Y 4 I 5 u This proceeding in Eminent Domain is instituted 7 6 by plaintiff under the authorization set forth in Section 711 5006 of the Public Resources Code, Chapter I, Statutes of ii 8;; 1956, and Part III, Title VII of the Code of Civil 9 Procedure of the State of California. r 10 1:1 11 11' That the plaintiff seeks to condemn in fee 12 1! simple the real property, and any and all improvements 13 j1 appertaining thereto, hereinafter described in Paragraph 14 15 III 16 That the said real property, and any and all 17 improvements appertaining thereto, sought to be condemned 18(1 herein in fee simple is described as follows: 19 p PARCEL 1: i4 20 ii Block C of Tract No. 673, in the City of Newport Beach, {j County of Orange, State of California, as per Map recorded 21 i�E in ;gook 20, Pages 17 and 18, of Miscellaneous Maps, in the i office of the County Recorder of said County. 22 23 PARCEL 2: 2411 All that portion of Block A -34 of Corona del Mar, in the 1i City of Newport Beach, County of Orange, State of 25� California, as per Map recorded in Book 3, Pages 41 and 42, ii of Miscellaneous Maps, in the office of the County Recorder 261` of said County, described as follows: H 2711 Beginning at a point on the northerly line of said block It A -34, which bears North 790 02' 12" West 139.05 feet from 28 P the northeasterly corner of said block; thence South 390 11 55' 45" West parallel with the southeasterly line of said 29 €1 block, 173.36 feet; thence North 500 04' 15" West 125.00 feet to a point on the northwesterly line of said block; 30 ! thence North 390 55' 45" East 197.35 feet to the most northerly corner of said block; thence southeasterly along 31,E the northerly line of said block, to the point of beginning. L 2. 1i 21 3 4 6, 7 8 9 10 11' 12 13 14 '5 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 N That the said defendants, and each of them, have or claim to have an interest in the real property hereinbefore described, or some part or parcel thereof, but the nature, character and extent of such interest is unknown to the plaintiff. V That the defendants, John Doe One to John Doe Twenty, inclusive, and Jane Doe One to Jane Doe Twenty, inclusive, and Doe Corporation One, a corporation, to Doe Corporation Ten, a corporation, inclusive, and Doe Company One to Doe Company Ten, inclusive, are sued and designated herein by their fictitious names for the reason that their true names are unknown to the plaintiff; that upon ascertaining their true names the plaintiff will seek leave of the Court to substitute the same by proper amendment; that the said defendants, and each of them, have or claim to have an interest in the real property hereinabove described, but the nature, character or extent of such interest is unknown to plaintiff; that the defendant corporations, and each of them, Doe Corporation one, a corporation, to Doe Corporation Ten, a corporation, inclusive, are duly organized and existing. VI That on or about August 21, 1955, Bruce P. Hall, also known as B. P. Hall, died, leaving his last Will and Testament, wherein he appointed defendants Florence G. Hall and Robert R. Hall the Co- Executors thereof; that on or about September 20, 1955, by an Order and Decree of the Superior Court of the State of California, in and for the County of Los Angeles, the said Will was admitted to 3. l 2� i 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 probate in the said Superior Court; that thereupon letters testamentary on the said Will were issued to defendants Florence G. Hall and Robert R. Hall by said Superior Court; that defendants Florence G. Hall and Robert R. Hall are now, and have been at all times material herein, duly qualified and acting Co- Executors of the said Will. V1I That in and by virtue of -tne said last Will and Testament of Bruce P. Hall, also known as B. P. Hall, Deceased, referred to hereinabove in Paragraph VI, the said decedent appointed defendants Florence G. Hall, Martha H. Merrill, Bruce P. Hall, Jr., Robert R. Hall and Beulah Walls Co- Trustees under that certain Trust created by the provisions of the Sixth Article therein; that plaintiff is informed and believes, and on the basis of such informa- tion and belief, alleges that the said defendants have accepted the said Trust, and are now and have been at all times material herein duly qualified and acting Co- Trustees as hereinabove set forth. VIII That the defendant, Citizens National Trust and Savings Bank of Los Angeles, is a corporation duly organized and existing under and by virtue of the laws of the State of California, and has its principal place of business in the City of Los Angeles, County of Los Angeles, State of California. IX That the defendant, The Irvine Company, is a foreign corporation duly organized and existing under and by virtue of the laws of the State of West Virginia; that 4. 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 i 29 30 31 said defendant corporation is now and was at all times material herein duly authorized to do and transact, and is doing and transacting, business in the State of California, and has duly complied with all the provisions of the applicable laws thereof. X That the defendant, The Irvine Beach and Country Club Estates, Ltd., was incorporated on or about ray 6, 1927, under the Act of the General Assembly of the State of Delaware, entitled, An Act Providing a General Corporation Law, passed on or about March 10, 1899, and the acts amendatory and supplemental thereof; that on or about May 18, 1927, the said defendant corporation duly qualified to transact intrastate business in the State of California; that on or about October 28, 1949, the said defendant corporation with- drew from and surrendered its right to transact intra- state business in this State; and that said defendant corporation is now dissolved. XI That the State Park Commission of the State of California, in this Complaint hereinafter mentioned and referred to, 1s the duly authorized and existing body created by act of the Legislature of the State of California for the purpose, among other purposes, of acquiring by Eminent Domain proceedings, instituted in the name of the People of the State of California, title to any interest in real and personal property which the said State Park Commission deems necessary or proper for the extension, improvement or development of the State Park System; that the said State Park Commission 5. 11 2� 3 4' I 5, 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 is in charge of the public use for which said real property herein described is sought. XII That pursuant to law and prior to the commencement of this proceeding, the said State Park Commission, on or about april 17, 1956, duly and regularly passed and adopted a Resolution selecting for acquisition certain real property described in Paragraph III herein as Parcel l,which said real property is situate in the County of Orange, State of California; that the contents of the said Resolution consist of words and figures substantially set forth in Exhibit "A" attached hereto, which exhibit is by this reference made a part hereof with like effect as if fully set forth herein. That pursuant to law and prior to the commencement of this proceeding, the said State Park Commission, on or about July 20, 1956, duly and regularly passed and adopted a Resolution wherein it was provided that funds are made available from Item 400.1(y), Chapter 1, Statutes of 1956, for the acquisition of the property hereinbefore described as Parcel 1; that the contents of the said Resolution consist of words and figures substantially as set forth in Exhibit "B" attached hereto, which exhibit is by this reference made a part hereof with like effect as if fully set forth herein. XIII That pursuant to law and prior to the commencement of this proceeding, the said State Park Commission, on or about May 18, 1956, duly and 6. i 111 regularly passed and adopted a Resolution selecting 2 ;1 for acquisition certain real property described in 3 Paragraph III herein as Parcel 2, which said real 4 H it property is situate in the County of Orange, State of 5111 California; that the contents of the said Resolution 611 consist of words and figures substantially as set 7U forth in Exhibit "C" attached hereto, which exhibit d aH is by this reference made a part hereof with like ii 9 ii effect as if fully set forth herein. ii 10 !i XIV 11 That the State Public Works Board, on or 121! about October 31, 1956, duly and regularly passed 131 and adopted a Resolution approving the expenditure 14 u of a specified sum of money appropriated for the i 15 acquisition of certain real property for use of the 16 1 Corona del Mar Beach State Park; that a copy of said 1711 Resolution is attached hereto as Exhibit "D ", and by 18 11N� this reference made a part hereof with like effect 19 as if fully set forth herein. 20 XV li 21 ii That each and every matter, fact and thing i 22 1111 stated and set forth in each of the said Resolutions 23u hereinabove referred to in Paragraphs XII through XIV, 241; inclusive, and provided in Exhibits "A" through "D ", 251; inclusive, was and is true. 11 26 ii XVI li 27 1111 That prior to the commencement of this ii 281; proceeding the Department of Finance of the State ii 291:; of California consented to, and did authorize, the !i 3011; acquisition by condemnation proceedings of the real 31 L property hereinbefore described as Parcel 1 and ii ii 7. 1111 "s. Ii i! I 'i Parcel 2, and sought to be condemned herein. 1i 2 ii XVII 3 That prior to the commencement of this 41 proceeding, the said State Park Commission, through :! 5j,. the State Department of Natural Resources, made requests n 6 to the Attorney General of the State of California to 7 commence and prosecute this condemnation proceeding. p 8 XVIII 9 j That public interest and necessity require a: 10ji the acquisition in fee simple of the real property : 11l' hereinbefore described for State Park purposes, to wit: 12Ij for the acquisition, construction or completion of 13 improvement of Corona del Mar Beach State Park. 14 XIX 15 J That such acquisition is necessary and proper 16 for the extension, improvement or development of the 17 Park System, and in order to properly administer, ill i operate and maintain the said Corona del Mar Beach State 19 Park, and, to that end, it is necessary that all of the 200 said real property be taken in fee simple therefor. 21 H XX is 22 H That the proposed acquisition of the said H 23E,! real property is planned and located in a manner which ij 24 ii will be most compatible with the greatest public good 251! and the least private injury, and that the use of all ii 26i; of the said real property is a public use authorized Ii 27 j by law. 28 ti (; XXI 291` That each parcel of land herein sought to 30:11 be taken comprises an entire parcel or tract or piece r: 31H of property, or interest in or to said property. i 8. "a 1 21 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 XXII 4) That the names of all purported owners of or claimants to the real property sought to be condemned herein, insofar as known to the plaintiff, are hereinafter set forth in this paragraph. Plaintiff has also set forth below, parenthetically and solely for the convenience of the Court and the parties, and not as allegations by which the plaintiff intends to be bound, opposite the name of each of the defendants, a statement of his respective asserted interest: NAME OF DEFENDANT Parcel 1: Florence G. Hall, Martha. H. Merrill, Bruce P. Hall, Jr., Robert R. Hall and Beulah Walls, as Co- Trustees Florence G. Hall and Robert R. Hall, as Co- Executors of the Estate of Bruce P. Hall, also known as B. P. Hall, Deceased Heirs and Devisees of Bruce P. Hall, also known as B. P. Hall, deceased, and All Persons Claiming By, Through or Under said Decedent The Irvine Company, a West Virginia Corporation 9. INTEREST Interest by virtue of Trust created by last Will of Bruce P. Hall, deceased, admitted to Probate September 20, 1955 by order of Superior Court of Los Angeles County; Order for Preliminary Distribution filed March 22, 1957. Interest as Co- Executors of Estate of Bruce P. Hall, Deceased; Order admitting Will to Probate and for Letters Testamentary filed September 20, 1955 in Superior Court of Los Angeles County. Apparent Owners of Unknown Interest Covenants, conditions and restrictions contained in deed from The Irvine Company recorded June 16, 1924 in Book 528, page 228 of Deeds. 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 NAME OF DEFENDANT (Cont'd) The Irvine Beach and Country Club Estates, Ltd., a dissolved Delaware Corporation Parcel 2: Harry W. Taylor and Helen M. Taylor, husband and wife William G. Cartter and May C. Cartter, husband and wife Frank R. Spratt The Irvine Company, a West Virginia corporation Citizens National Trust and Savings Bank of Los Angeles, a California corporation 10. INTEREST (Cont'd) Any defect or invalidity of the title of Bruce P. Hall, deceased, in the event the deed from The Irvine Beach and Country Club Estates, Ltd., a dissolved Delaware corp- oration, is void or voidable, because not made in compliance with Section 820 of the Corporations Code of the State of California. Owners of an undivided one -third interest Owners of an undivided one -third interest Owner of an undivided one -third interest Rights of way for road purposes, pipe lines, electric railroad or any other form of rail trans- portation and for telephone and telegraph lines to the lands of The Irvine Company lying east of Parcel 2, as reserved by The Irvine Company in deed recorded December 12, 1911 in Book 204, Page 160 of Deeds. Trustee and beneficiary under deed of trust dated October 26, 1948, to secure an indebtedness in favor of Citizens National Trust and Savings Bank of Los Angeles, recorded November 17, 1948 in Book 1761, Page 204, Official Records. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 10 21 22 23 24 25 26 27 28 29 30 31 NAME OF DEFENDANT (Cont'd) Citizens National Trust and Savings Bank of Los Angeles, a California corporation Citizens National Trust and Savings Bank of Los Angeles, a California corporation Parcels 1 and 2: INTEREST (Cont'd) Covenants, conditions and restrictions set forth in declaration of restrictions executed by Citizens National Trust and Savings Bank of Los Angeles recorded December 24, 1940 in Book 1076, Page 31 of Official Records, as modified by instrument recorded August 26, 1944 in Book 1266, Page 499, Official Records. Covenants, conditions and restrictions contained in deed from Citizens National Trust and Savings Bank of Los Angeles, recorded November 17, 1948, in Book 1761, Page 201, Official Records. All Persons Unknown Claiming Unknown Any Title or Interest in or to the Within Described Property John Doe One to John Doe Unknown Twenty, inclusive Jane Doe One to Jane Doe Unknown Twenty, inclusive Doe Corporation One, a Unknown corporation, to Doe Corporation Ten, a corporation, inclusive Doe Company One to Doe Unknown Company Ten, inclusive City of Newport Beach, Any lien by virtue of a Municipal corporation general and special taxes due and unpaid County of Orange, a Any lien by virtue of Political Subdivision general and special taxes due and unpaid 11. 11 2; i 3i S 4{ 511 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 • • WHEREFORE, plaintiff prays judgment: 1. That the Court ascertain and assess the value of the estate and interest in the real property sought to be condemned as to each of said defendants' interest therein; 2. That plaintiff have judgment against defendants, and each of them, condemning said property to plaintiff in fee simple for the public use herein- above set forth, and to do all things necessary and incident thereto; 3. That upon payment by plaintiff to defendants herein, or to any person who may be entitled thereto, or upon payment into Court of the sums of money found in said judgment to be just compensation to be paid to each defen- dant for the estate and interest herein sought to be condemned, and upon compliance by the plaintiff with the requirements of said Judgment and with the provisions of Title VII of Part III of the Code of Civil Procedure relating thereto, plaintiff may have a Final Order of Condemnation vesting title in fee simple in plaintiff of all the real property, and estates and interests therein, hereinbefore described. 4. That all liens and encumbrances of record against the property sought to be taken hereby be satisfied out of the judgment to be rendered herein. 5. For such other and further relief as the Court may deem just in the premises. DATED: This 17th day of May , 1957. EDMUND G. BROWN, Attorney General WALTER S. ROUNTREE, Assistant Attorney General LESTER ZIFFREN, Deputy Attorney General S/BENJAMIN E. KING BENAAMIR E. KING, Deputy Attorney Gener a1 Attorneys for Plaintiff 12, 1!i 2ii 3 4 5 6 7 8 91 i 10 1 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 • • EXCERPT FROM THE MINUTES OF THE MEETING OF THE CALIFORNIA STATE PARK COMMISSION San Francisco, California April 17, 1956 PROPOSED ACQUISITION - Corona del Mar Beach - Hall. Mr. Powell reported on progress in the proposed acquisition of the Hall property as an addition to Corona del Mar Beach State Park, stating that the property is tied up in a probate and negotiations with the heirs indicate an asking price of approximately $80,000, whereas the. low appraisal on this property is $18,000. He advised that state funds are available from Chapter 1422, Statutes of 1945, and stressed the urgency of using this money, which will revert on July 1, 1956. Cash matching is available from the City of Newport Beach. Chief Drury recommended that this Commission authorize the Attorney General to institute condemnation proceedings in this matter. It was moved by Commissioner Burns that the following resolution be adopted: RESOLUTION OF THE STATE PARK COMMISSION SELECTING SITE AND AUTHORIZING CONDEMNATION OF REAL PROPERTY UNDER SECTION 5000 (ARTICLE I, CHAPTER I, DIVISION 5), PUBLIC RESOURCES CODE, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, FOR THE STATE PARK COMMISSION. (Estate of Bruce P. Hall, Deceased) WHEREAS, Section 5006 (Article I, Chapter I. Division 5) of the Public Resources Code empowered the State Park Commission, with the consent of the Department of Finance, to acquire by purchase or by condemnation proceedings brought in the name of the People of the State of California, title to or any interest in real or personal property which the Commission deems necessary and proper for the extension, improvement or development EXHIBIT "A" 1. lj E 2° 31 4 5' 6 7' 8 91 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 • • of the State Park System; and WHEREAS, Chapter 1422, Statutes of 1945, makes an appropriation for expenditures out of money in the State Beach fund not otherwise appropriated in the sum of $10,000,000, or so much thereof as is necessary, for the purchase of the hereinafter described property in the County of Orange for state park purposes, by purchase or condemnation, as a part of the State Park System; now therefore, BE IT RESOLVED that the hereinafter described real property be and the same is hereby selected for acquisition for the State Park Commission as specified in Chapter 1422, Statutes of 1945; and BE IT FURTHER RESOLVED by the State Park Commission that it finds and hereby declares: THAT public interest and necessity require the acquisition, construction or completion by the State of the improvement of Corona del Mar Beach State Park, for which the real property described herein is required, and that said real property is necessary for such improvement, in that this Commission deems the acquisition of the same to be necessary or proper for the extension, improvement and development of the State Park System, and in order to properly administer, operate and maintain the said Corona del Mar Beach State Park; THAT it is necessary that all of said real property be taken therefor; and that it is necessary that all of said real property be taken in fee simple therefor; THAT said proposed improvement is planned and located in a manner which will be most compatible with the greatest public good and the least private injury; THAT the use of all of said real property herein described for such improvement is a public use authorized by law; and BE IT FURTHER RESOLVED by the State Park Commission that this Commission acquire pursuant to EXHIBIT "A" 2. 1 i 2 3 4' 5 6 7 8 9 10 11 12 13 14 i5 16 17 18 i.9 20 21 22 23 24 25 26 277 28 29 30 V 0 0 authority contained in Chapter 1422, Statutes of 1945, in fee simple in the name of the People of the State of California, the hereinafter described real property, by a proceeding or proceedings in Eminent Domain in accordance with the provisions of the Code of Civil Procedure relating to Eminent Domain; and BE IT FURTHER RESOLVED by the State Park Commission that the consent of the Department of Finance j be first obtained by the staff therefor and that upon such consent having been received the Attorney General be i ; requested by the staff to prepare and prosecute in the name of the People of the State of California, such proceedings, actions or suits in the proper court or i courts having jurisdiction thereof, as are necessary to acquire said real property; i The real property hereinabove referred to which E ? is authorized to be acquired by this resolution is situate i jin the County of Orange, State of California and described as follows: i [The real property hereinabove referred to which is authorized to be acquired by this resolution is described i as Parcel 1 of Paragraph III herein.] Seconded by Commissioner Whitney. ROLL CALL -- AYES: Burns, Whitney and Knowland, NOES: None. ;ABSENT: Kasch and Carrillo. EXHIBIT "A" 3. 1!' it 2r 3 4' 5 6 7 8 9j i 10 I 11 1 i 12 j i 13 14 15' 16 17 18 19 20 21 22 23 24 25 26 27 4s 29 30 of 4b EXCERPT FROM THE MINUTES OF THE MEETING OF THE CALIFORNIA STATE PARK COMMISSION San Francisco, California July 20, 1956 PROPOSED ACQUISITION - Corona del Mar Beach - Hall Estate. Upon request of Lands Acquisition Officer Powell, confirmed by Deputy Attorney General John Morris as to necessity, it was moved by Commissioner Whitney that it be RESOLVED that funds are made available from Item 400.1 (y), Chapter 1, Statutes of 1956, for the acquisition of the following described property from the Estate of Bruce P. Hall, deceased: [The real property hereinabove referred to which is authorized to be acquired by this resolution is described as Parcel 1 of Paragraph III herein.] Seconded by Commissioner Carrillo. ROLL CALL -- AYES: Whitney, Carrillo and Kasch. NOES: None. ABSENT: Knowland and Burns. EXHIBIT "B" 1. 0 EXCERPT FROM THE ii MINUTES OF THE MEETING 2i OF THE CALIFORNIA STATE PARK COMMISSION San Diego California 3 May 16, 1956 4 ii 5 PROPOSED ACQUISITION - Corona del Mar Beach - 6!i Taylor. Mr. Powell reported that negotiations, authorized 70 by the State Park Commission at its meeting of November 18, ii 8 w 1955, have not been successful in reaching a satisfactory 9H settlement on subject property. The owners have been q 10P. offered $35,000, based upon appraisal of $37,500. They 11 wade a counter offer in the amount of $50,000, but refused u =2i{ to submit it in writing. As it appears that the owners 13 �p refuse to negotiate for any lesser amount, Chief Drury ' -4 recommended that an appropriate resolution be adopted h. 15 f authorizing an action in eminent domain. It was moved by 7.6 ii Commissioner Kasch that the following resolution be adopted: M 7 RESOLUTION OF THE STATE PARK COMMISSION SELECTING SITE AND !♦AUTHORIZING CONDEMNATION OF REAL PROPERTY UNDER SECTION 5oo6 1811 (ARTICLE I, CHAPTER 1, DIVISION 5), PUBLIC RESOURCES CODE, fl IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, FOR THE STATE 19 !i PARK COMMISSION. 20 II (Harry W. Taylor, et al) 21 WHEREAS, Section 5006 (Article I, Chapter I, 221', Division 5) of the Public Resources Code empowered the P 23 " State Park Commission, with the consent of the Department 24 � of Finance, to acquire by purchase or by condemnation 25 proceedings brought in the name of the People of the State 26 of California, title to or any interest in real or personal 27 property which the Commission deems necessary and proper 28 :for the extension, improvement or development of the State r. 29 Park System; and 40i! WHEREAS, Chapter 1422, Statutes of 1945, and Item !i 31 400.1 (y), Chapter 1, Statutes of 1956, make appropriations w EXHIBIT "C" 1. 14! z 20 3 4' s 5 6 i i 7i i 8 i 9j 10' 11 12 '3 14 15 16 1p7 ,a 19 20 21 22 23 24 25 26 27 28 29 30 31 0 0 for expenditures out of money in the State Beach Fund not otherwise appropriated in the sum of $10,130,000 or so much thereof as is necessary, for the purchase of the hereinafter described property in the County of Orange, for state park purposes, by purchase or condemnation, as a part of the State Park System; now, therefore, BE IT RESOLVED that the hereinafter described real property be and the same is hereby selected for acquisi- tion for the State Park Commission as specified in Chapter I 1422, Statutes of 1945, and Item 400.1 (y), Chapter 1, Statutes of 1956; and BE IT FURTHER RESOLVED by the State Park Com- mission that it finds and hereby declares: THAT public interest and necessity require the acquisition, construction or completion by the State of the improvement of Corona del Mar Beach State Park, for which the real property described herein is required, and that said real property is necessary for such improvement, in that this Commission deems the acquisition of the same to be necessary or proper for the extension, improvement and development of the State Park System, and in order to properly administer, operate and maintain the said Corona del Mar Beach State Park; THAT it is necessary that all of said real property be taken therefor; and that it is necessary that all of said real property be taken in fee simple therefor; THAT said proposed improvement is planned and located in a manner which will be most compatible with the greatest public good and the least private injury; THAT the use of all of said real property herein described for such improvement is a public use authorized by EXHIBIT "C" 2. 1 '+ 2 Si 3 ii 4 ri 5 ?i 6 7'r. Z 8 9j I IO II 11 =2 I 13 ,4 ;5 �.s 17 is i9 20 21 22 23 24 25 26 27 28 29 30 31 law; and 0 10 BE IT FURTHER RESOLVED by the State Park Commission.that this Commission acquire pursuant to authority contained in Chapter 1422, Statutes of 1945, and Item 400.1 (y), Chapter 1, Statutes of 1956, in fee simple in the name of the People of the State of California, the hereinafter described real property, by a proceeding or proceedings in Eminent Domain in accordance with the provisions of the Code of Civil Procedure relating to Eminent Domain; and BE IT FURTHER RESOLVED by the State Park Com- mission that the consent of the Department of Finance be first obtained by the staff therefor and that upon such consent having been received the Attorney General be requested by the staff to prepare and prosecute in the name of the People of the State of California, such proceedings, actions or suits in the proper court or courts ;having jurisdiction thereof, as are necessary to acquire ! ;said real property; The real property hereinabove referred to which is authorized to be acquired by this resolution is situate I I!in the County of Orange, State of California and described !as follows: II ! [The real property hereinabove referred to which r ![is authorized to be acquired by this resolution is described as Parcel 2 of Paragraph III herein.] Seconded by Commissioner Burns and approved. EXHIBIT "C" 3. 1 ii 2 3 4 i 5j 6' i 8� 9i i 10 I 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 46 r RESOLUTION OF STATE PUBLIC WORKS BOARD APPROVING THE ACQUISITION OF REAL PROPERTY IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, FOR USE OF CORONA DEL MAR BEACH STATE PARK, FOR THE DIVISION OF BEACHES AND PARKS, DEPARTMENT OF NATURAL RESOURCES WHEREAS, there has been appropriated in Item 400.1(y) of Section ,2 of the Budget Act of 1956, subject to State Public Works Board approval, the sum of $130,000.00 for the acquisition of real property in the City of Newport Beach, County of Orange, State of California, hereinafter described, as an addition to the Corona Del Mar Beach State Park; NOW, THEREFORE, BE IT RESOLVED that the State Public Works Board approves the expenditure of the sum of $130,000.00 which has been appropriated in Item 400.1(y) of Section 2 of the Budget Act of 1956 for the acquisition, as an addition to the State Park System, of certain real property for use of the Corona Del Mar Beach State Park described as follows: Approximately 1.5 acres of real property situated in the City of Newport Beach, County of Orange, State of California. (END RESOLUTION) EXHIBIT "D" 1. See Contract File for Exhibit A Matching Land Revised General Plan and Priority Program See Contract File for Exhibit B China Cove and Corona Del Mar Beach Revised General Plan and Priority Program Park Commission Cbdrw.w Josepb R. Rnosoland Oskl.wd Robert E. Buras sfn' o. Leo Carrillo Santa Moir. Charles Rasob Uki.b Guilford H. Whitney S.. Di,o STATE OF CALIFORNIA DEPARTMENT OF DIVISION OF BEACHES 7 2 1 C A P I T O L A V E N U E S A June 29, 1955 Miss Mae L. Hoit Acting City Clerk City of Newport Beach Newport Beach, California Dear Miss Hoit: Newlon R. Drury Cbi.f Division of B.ubrs and P..k. NATURAL RESOURCES AND PARKS C R A M E N T O 1 4 This will acknowledge receipt of your letter of June 20, 1955, and the enclosed copy of Resolution No. 4344, dated May 23, 1955, adopted by the City Council of the City of Newport Beach, requesting the inclusion of addi- tional properties within the fifty year operating agree- ment between the State of California and the City of Newport Beach dated August 19, 1949, as provided for in Paragraph No. 9 of said agreement. This matter will be presented to the State Park Commission at its next regular meeting for adoption of an appropriate reaplution authorizing- the ina].vsion_of-susitproperties in the fore ..mentioned „lea�e,,.agreement� Certified copies ZSf saicT resolution will be furnished you in the very near future. We would appreciate being furnished with three additional copies of Resolution No. 4344, in order that we may have sufficient copies for distribution. Sincerely yours, NEWTON B,. DRURY, Chief 0 JOSEPH Supervising Wo L. MICKELSON�,/JR. Land Title Abstractor Goodwin J. Knight Covnnor of adi form. DeWitt Nelson DOW N.M1rd R,, .r.n Newlon R. Drury Cbi.f Division of B.ubrs and P..k. NATURAL RESOURCES AND PARKS C R A M E N T O 1 4 This will acknowledge receipt of your letter of June 20, 1955, and the enclosed copy of Resolution No. 4344, dated May 23, 1955, adopted by the City Council of the City of Newport Beach, requesting the inclusion of addi- tional properties within the fifty year operating agree- ment between the State of California and the City of Newport Beach dated August 19, 1949, as provided for in Paragraph No. 9 of said agreement. This matter will be presented to the State Park Commission at its next regular meeting for adoption of an appropriate reaplution authorizing- the ina].vsion_of-susitproperties in the fore ..mentioned „lea�e,,.agreement� Certified copies ZSf saicT resolution will be furnished you in the very near future. We would appreciate being furnished with three additional copies of Resolution No. 4344, in order that we may have sufficient copies for distribution. Sincerely yours, NEWTON B,. DRURY, Chief 0 JOSEPH Supervising Wo L. MICKELSON�,/JR. Land Title Abstractor w Park Commission Goodwin J. Knight Govnsor Cbai -maw of Joseph R. Rnowland COIil� W' t Oakland Robert E. Bums Ssarkson Leo Carrillo San" M..k. Charles Rasah Uk:ab Guilford H. Whitney San Di.,p STATE OF CALIFORNIA DIVISION OF 7 2 1 C A P I T O L A DEPARTMENT O BEACHES V E N U E S A May 2, 1955 Mr. John J. Sailors City Manager City of Newport Beach Newport Beach, California Dear Div. Sailors: DeWitt Nelson IN ..10, N."..1 Re+ourm Newton B. Drury Cbi.j Divl+io. vl &ubrs .nd P "b NATURAL RESOURCES AND PARKS C R A M E N T O 1 4 In answer to your letter of March 21, 1955, relative to the fifty year operating agreement between the State of California and the City of Newport Beach we enclose here- with three maps showing all of the State -owned property within the Corona del Mar and Newport Beach area and those portions of which are included under the present operating agreement and amendments thereto. Along with these maps you will find legal descriptions of the properties not yet included in the operating agreement and in accordance with Paragraph 9(a) of said agreement, we ask that the City Council of the City of Newport Beach adopt an appropriate resolution requesting the inclusion of these properties under the base operating agreement. Upon receipt of four certified copies of said resolution, this matter will be presented to the State Park Commission for approval and inclusion of said properties in the base operating agreement. It is our understanding that the streets and alleys contained within the areas owned by the State have not yet been abandoned by the City of Newport Beach and until such time as abandonment proceedings are filed, these areas will be excluded from the operating agreement. Goodwin J. Knight Govnsor of COIil� W' DeWitt Nelson IN ..10, N."..1 Re+ourm Newton B. Drury Cbi.j Divl+io. vl &ubrs .nd P "b NATURAL RESOURCES AND PARKS C R A M E N T O 1 4 In answer to your letter of March 21, 1955, relative to the fifty year operating agreement between the State of California and the City of Newport Beach we enclose here- with three maps showing all of the State -owned property within the Corona del Mar and Newport Beach area and those portions of which are included under the present operating agreement and amendments thereto. Along with these maps you will find legal descriptions of the properties not yet included in the operating agreement and in accordance with Paragraph 9(a) of said agreement, we ask that the City Council of the City of Newport Beach adopt an appropriate resolution requesting the inclusion of these properties under the base operating agreement. Upon receipt of four certified copies of said resolution, this matter will be presented to the State Park Commission for approval and inclusion of said properties in the base operating agreement. It is our understanding that the streets and alleys contained within the areas owned by the State have not yet been abandoned by the City of Newport Beach and until such time as abandonment proceedings are filed, these areas will be excluded from the operating agreement. 0 ' Mr. John J. Sailors May 2, 1955 Page 2 Among these latter areas are Lots 9 and 10 in Block A -35 and Lots 9 and 10 in Block A -36, acquired from the Citizens National Trust and Savings Bank of Los Angeles. Apparently through inadvertence, a portion of Lot 8 in Block A -36 lying within Iris Avenue was included in the base operating agree- ment. However, inasmuch as the State acquired the under- lying fee of said portion of Lot 8 from the Citizens National Trust and Savings Bank of Los Angeles, subject to an easement for road purposes to the City of Newport Beach, we will leave said land in the operating agreement. With the exception of the land above described, all property conveyed to the State by the Citizens National Trust and Savings Bank of Los Angeles is set forth in the attached de- scriptions for inclusion in the base operating agreement . Along with the Citizens National Trust and Savings Bank of Los Angeles property, we are including legal descriptions of a lot acquired from the Muchmore condemnation, being Lot 8 in Block A -35; the matching land on the peninsula acquired from the City of Newport Beach in 1949, and the land at Inspiration Point acquired from the Adams Estate all for inclusion in the base operating agreement. Unless word is received to the contrary, we will assume that this matter will be placed before the City Council for adoption of an appropriate resolution as requested. Your excellent cooperation on this and other matters has been greatly appreciated by this office and we wish to express our thanks for your many efforts. Since Si�r9llyy yours, NEWTON B. DRURY, NBD:JLM:lp cc: Assemblyman Earl W. Stanley Mr. John A. Hennessey Mr. William L. Kenyon All that certain real City of Newport Property situate in the y wport Beach, County of Orange, State of California, described as,follows, to -wit: PARCEL 1' BEGINNING at the point of intersection of the southerly prolongation of the easterly line of Fourteenth Street with ,the south line of Ocean Avenue (65 feet in width), as said Street and 4il,t Avenue are shown on the map of Section "B" of Newport Beach, recorded in Book 4, Page 27 of Miscellaneous Maps, Records or.Orange County, California; running thence southerly along the southerly prolongation of the easterly line of said Fourteenth Street a distance of 250 feet; thence westerly along a line parallel with, and 250 feet distant southerly from, the south line of said Ocean Avenue a distance of 980 feet, more or_less,•to.the point of intersection with " the southerly prolongation of the westerly line of Sixteenth Street in said City; thence north- erly:alang the southerly prolongation of the, , westerly line of'said Sixteenth Street to the point of intersection with the south line of said Ocean Avenue; and thence easterly along said line a distance of 980 feet, more or less, to the point of beginning. PARCEL 2' Lot 8 in Block A -35, of "Corona del Mar ", as shown on a map recorded in Book 3, pages 41 and ; 42 of Miscellaneous Maps, Records of Orange County, California. PARCEL 3 That portion of Block "B" of "Corona del Mar ", as -,.- shown on a map recorded in Book 3, pages 41 and 4 of Miscellaneous Maps, Records of Orange County, California, described as follows, to -wit: BEGINNING at the point of intersection of the south- westerly line of Shore Avenue, formerly Ocean Avenue, as shown on said map of Corona del Mar, with the south- westerly prolongation of the northwesterly line of Larkspur Avenue, formerly known as 37th Avenue, as said Shore Avenue, formerly Ocean Avenue, and 37th rr { Street are laid out and sbopn upon said map of Corona del Mar; running Wince southwesterly vH along he said southwesterly prolongation of g- the northwesterly line of Larkspur Avenue, a distance of 200 feet; thence soutbees.terly along a line parallel with.the southwesterly line of said Shore Avenue, formerly Ocean Avenue, to an intersection with the southwesterly prolongation of the southeasterly line of Narcissus Avenue., formerly known as 40th Avenue., as.said 40th Avenue is laid out and shown upon said map of Corona del Mar; thence northeasterly "along said southwesterly prolongation of tiie southeasterly line of Narcissus Avenue 200 feet town inter - bection with the southwesterly:line ofksa d Shore "Avenue, formerly Ocean Avenue;'thence northwest - °orly along the southwesterly line of Shore Avenue, formerly Ocean Avenue, to.the point of beginning, PARCEL 4 That portion of Block "C" of "Corona del Mar as" shown on a map recorded in Book 3,.pages 41 and 42 of Miscellaneous Maps, Records.of- Orange County,:.. California, described as follows, to-wit: Beginning at the point of intersection of the north- westerly line of Dahlia Avenue, formerly 31st Avenue, produced southwesterly with the southwesterly.line of Shell Street, formerly A Street, as shown on said map; thence southwesterly along the southwesterly extension` - ., of the northwesterly line of Dahlia Avenue., formerly 31st Avenue, to its intersection with the line"of" ' ordinary high tide of the Pacific Ocean in Newport Bay:: as established by Decree rendered.April 3; 1942 in the action entitled County of Orange, plaintiff, vs. Shirley "H. Willits and others,.defendants, Case No, 40024 in the Superior Court of the State of California, in and for the County of Orange, a certi- fied copy of which Decree was recorded April 3, 1942 in Book 1141, Page 353 of Official Records; thence southerly along said line of ordinary high tide to the point of intersection with the southwesterly ex- tension of the northwesterly line of Fernleaf Avenue., formerly 32d Avenue; thence northeasterly along "the southwesterly extension of the northwesterly line of Fernleaf Avenue, formerly 32d Avenue, to its inter- section with the southwesterly line of Shell Street, formerly A Street, as shown on said map; thence north -_, PARCEL ' That portion of Lot f Tract No. 3006_, as shown qn.a map recorded in IBM& 33, Page 29 of Miscel- jAm ous Maps, Records of Orange County, California, riot included within the lines of Tract No. 1026, as shown On a map recorded in Book 33, pages 37 and 38 of Miscellaneous Maps, Records of Orange County, California, and not included within the lines of Tract N6..1257, as shown on`4 map recorded in Book 38, Page 25 of Miscellaneous Maps, Records of Orange County, California. PARCEL 6 Lots'9,`101 11 and 12, Tract.No. 1257, of the City of Newport Beach, County of Orange, State of California as shown on a map,thereof recorded. in Book 38,';Page 25 of Miscellaneous`Mapa, .Records.of said Orange County. -3- lab 1 RESOLUTION 130. 2 3 WHEREAS, the State of California has heretofore acquired 4 for park, playground and recreational purposes, certain real 5 properties consisting of beach frontage on the Pacific Ocean, in 8 the City of Newport Beach, which real properties are hereinafter 7 more particularly described; 8 AND WHEREAS, the City of Newport Beach and the State 9 Park Commission of the State of California have heretofore entered 10 into a Lease Agreement for the Administration and Control of 11 Certain State Beach Areas for Purposes of State Park System, dated 12 the 19th day of August, 1949; 13 NOW, THEREFORE, BE IT RESOLVED that the following 14 described property be included and made a part of the said Lease 15 Agreement for the Administration and Control of Certain State 18 Beach areas for Purposes of State Park System: 17 All that certain real property situate in the City of 18 Newport Beach, County of Orange, State of California, described 19 as follows, to wit: 20 PARCEL 1: Beginning at the point of intersection of the 21 southerly prolongation of the easterly line of Fourteenth Street 22 with the south line of Ocean Avenue (65 feet in width), as said z3 Street and Avenue are shown on the map of Section "B" of Newport Z4 Beach, recorded in Book 4, Page 27 of Miscellaneous Maps, Records 25 of Orange County, California; running thence southerly along the zg southerly prolongation of the easterly line of said Fourteenth 27 Street a distance of 250 feet; thence westerly along a line parallel z8 with, and 250 feet distant southerly from, the south line of said Z9 Ocean Avenue a distance of 980 feet, more or less, to the point of 30 intersection with the southerly prolongation of the westerly line 31 of Sixteenth Street in said City; thence northerly along the 3z southerly prolongation of the westerly line of said Sixteenth Street -1- Ib 1 to the point of intersection with the south line of said Ocean 2 Avenue; and thence easterly along said line a distance of 980 3 feet, more or less, to the point of beginning. 4 PARCEL 2: Lot 8 in Block A -35 of Corona del Mar, as 5 shown on a map recorded in Book 3, pages 41 and 42 of Miscellaneous 6 Maps, Records of Orange County, California. 7 PARCEL 3: That portion of Block "B" of Corona del Mar, g as shown on a map recorded in Book 3, pages 41 and 42 of Miscellane g Maps, Records of Orange County, California, described as follows, 10 to wit: 11 Beginning at the point of intersection of the south - 12 westerly line of Shore Avenue, formerly Ocean Avenue, as shown on 13 said map of Corona del Mar, with the southwesterly prolongation 14 of the northwesterly line of Larkspur Avenue, formerly known as 15 37th Avenue, as said Shore Avenue, formerly Ocean Avenue, and 37th 16 Street are laid out and shown upon said map of Corona del Mar; 17 running thence southwesterly along the said southwesterly prolonga- 18 tion of the northwesterly line of larkspur Avenue, a distance of 1911 200 feet; thence southeasterly along a line parallel with the 20 southwesterly line of said Shore Avenue, formerly Ocean Avenue, to 21 an intersection with the southwesterly prolongation of the south - 22 easterly line of Narcissus Avenue, formerly known as 40th Avenue, 23 as said 40th Avenue is laid out and shown upon said map of 24 Corona del Mar; thence northeasterly along said southwesterly 25 prolongation of the southeasterly line of Narcissus Avenue 200 26 feet to an intersection with the southwesterly line of said Shore 27 Avenue, formerly Ocean Avenue; thence northwesterly along the 26 southwesterly line of Shore Avenue, formerly Ocean Avenue, to the 2g point of beginning. 30 PARCEL 4: That portion of Block "C" of Corona del Mar, 31 as shown on a map recorded in Book 3, Pages 41 and 42 of Miscellan- 32 eous Maps, Records of Orange County, California, described as -2- 1 follows, to wit: 2 Beginning at the point of intersection of the north - 3 westerly line of Dahlia Avenue, formerly 31st Avenue, produced sout - 4 westerly with the southwesterly line of Shell Street, formerly A 5 Street, as shown on said map; thence southwesterly along the 6 southwesterly extension of the northwesterly line of Dahlia Avenue, 7 formerly 31st Avenue, to its intersection with the line of ordinary 8 high tide of the Pacific Ocean in Newport Bay as established by 9 Decree rendered April 3, 1942 in the action entitled County of 10 Orange, plaintiff, vs. Shirley H. Willits and others, defendants, 11 Case No. 40024 in the Superior Court of the State of California, 12 in and for the County of Orange, a certified copy of which Decree 13 was recorded April 3, 1942 in Book 1141, Page 353 of Official 1411 Records; thence southerly along said line of ordinary high tide to 15 the point of intersection with the southwesterly extension of the 16 northwesterly line of Fernleaf Avenue, formerly 32nd Avenue; 17 thence northeasterly along the southwesterly extension of the 18 northwesterly line of Fernleaf Avenue, formerly 32nd Avenue, to its 19 intersection with the southwesterly line of Shell Street, formerly 20 A Street, as shown on said map; thence northwesterly along said 21 southwesterly line of Shell Street, formerly A Street, to the 22 point of beginning. 23 PARCEL 5: That portion of Lot 1, of Tract No. 1006, as 24 shown on a map recorded in Book 33, Page 29 of Miscellaneous Maps, 25 Records of Orange County, California, not included within the lines 26 of Tract No. 1026, as shown on a map recorded in Book 33, pages 27 37 and 38 of Miscellaneous Maps, Records of Orange County, Californi , 28 and not included within the lines of Tract No. 1257, as shown on a 29 map recorded in Book 38, Page 25 of Miscellaneous Maps, Records of 3o Orange County, California. 31 PARCEL 6: Lots 9, 10,,11, and 12, Tract No. 1257, of 32 the City of Newport Beach, County of Orange, State of California -3- 5 6 7 8 a 10 11 12 13 14 15 16 17 18 19 20 21 2z 23 24 25 26 27 28 29 30 31 3z as shown on a map thereof recorded in Book 38, Page 25 of Miscellaneous Maps, Records of said Orange County. The above and foregoing resolution was duly and regularly passed and adopted by the City Council of the City of Newport Beach at a regular meeting thereof held on the 23rd day of May, 1955, by the following roll call vote, to wit: AYES, COUNCILMEN:it o NOES, COUNCILMEN: >c_ ABSENT COUNCILMEN:_ -tom ATTEST: �2Aa-o--4 (�/� City clerk 0 C;T ) %J 9 i 1 2 3 4 5 6 7 8 a 10 11 12 13 14 15 16 17 18 19 20 21 2z 23 24 25 26 27 28 29 30 31 3z as shown on a map thereof recorded in Book 38, Page 25 of Miscellaneous Maps, Records of said Orange County. The above and foregoing resolution was duly and regularly passed and adopted by the City Council of the City of Newport Beach at a regular meeting thereof held on the 23rd day of May, 1955, by the following roll call vote, to wit: AYES, COUNCILMEN:it o NOES, COUNCILMEN: >c_ ABSENT COUNCILMEN:_ -tom ATTEST: �2Aa-o--4 (�/� City clerk 0 C;T ) %J 9 cow into o of (arnmAp PLANNING COMMISSION COURT HOUSE ANNEX SANTA ANA, CALIFORNIA July 13, 19+9 Mr. C. K. Priest, City Clerk, Newport Beach, City Hall, Newport Beach, California. Dear Sir: Enclosed herewith are the two sets of maps marked Exhibit "A" and Exhibit "B" as per Resolu- tion No. 3607 of Newport Beach, which you requested by telephone this morning. Yours very truly, Willis C. Warner, Planning Assistant Orange Oounty Planning Commission WCW :ac 2 3 4 5 6 7 8 9 10 11 12 13 u A" 15 16 17 18 19 VOKAYAS, tbo.ro -bwa bem, pro4onted to tka CIV, 00mail of the ttty of Nqw ort P460h as vortkin am "*At utod tbo zzaA7 of v449 by end 'hot"" tba AV49 Ylatk comodovign of thp 1444ta of Callfornin sI114 thm Ottr 0-t MOWP07t 2000h; SOA VMMAtea &id a� wmt provitlas to the ^"vilsitm.tion o-ad aoftrol of cartaAa stmto 'b*,kch o4 , s 'by the city of lxov:e:rt koxch; an4 VIIAMM14 On City Cmunoll ff.f the City ot 1"ww.lart PA-ach dooms th,,,t It to for tl* 'boet int4re0to of said City tit vWYA4 go—mkFAMAW bo ftomtod; nm, MARPOW"", AK 119 10"UNLYMA, tiv-il Ow My%)r omaA City Olerk of tho Gi�y oV 'go "r't Zmfth'ha, aM, ther 1wrobi aro, dtveateA, *athorimmd. Fmd In'At,rdet4d te *"Oute 4Rid agromr."O *x# 'b Oalf elf U* k^Alty,of ffew part 'Rga'ab. Rnel tW4 s AlOy *xgmw *ffp7 thoftof' bo, doliv*Vwd by the (.it7 Clerk to w5ila 4ato ��,rk Oomidusiao. I hf4ft*br aOavtjty tbAt thq fo�repOjnp use jh4 end regut^O, Y 1vvnoa awl. 46c iRted by t1w. ciu;r Cm ail of tbo City of Yml�41vrt I'lot'.gh 4A O*WlAr vostlw,� t1w-toof ha a oil the --O7j—.mv of by t1w sellowlAr vot^ to vjt:r lmve caircluma 20 21 22 Roo C c c "(19 ITAIM4 23 24 25 nqnr 26 j' i IF! T t . I 27 28 29 30 31 32 1 2 3 4 6 6 7 8 9 10 11 12 13 14 16 16 17 18 19 20 21 zz 23 24 26 26 27 28 29 30 31 32 i� STATE OF CALIFORNIA ) )ss COUNTY OF ORANGE ) *i I, C. K. priest, being the duly elected and qualified City Clerk of the City of Newport Beach, hereby certify that the attached copy of Resolution No. 3710 is a true and correct copy of the City of Newport Beach Resolution No. 3710 which was passed and adopted on the 27th day of June, 1949 by the City Council of the City of Newport Beach. Dated this 23rd day of July, 1949. ATTEM /l in Clerk of the City of Newport Beach • Park Comnsh,ion f -- Chairwan • I ... Pb R. Knowland OakLnd Robert B. Burns Srorkton Lea Carrillo Santa Nonira Cbarles Kascb Ukiah George A. Scott San D;,,. Earl Warren Gov no Calijarnu Warren T. Honnam Dlrrc+or Netts! Rnovrm Newton B. Drury CGirf Dn i'mo of B'—&b and Perk, STATE OF CALIFORNIA DEPARTMENT OF NATURAL RESOURCES DIVISION OF BEACHES AND PARKS 1 2 1 1 S I X T E E N T H 5 T R E E T S A C R A M E N T O 1 4 July 8, 1952 City of Newport Beach John J. Sailors City Manager Newport Beach California Subject: Administration Action Operating Agreements Dear Sir: Please find enclosed certified copy of resolution of the State Park Commission dated May 16, 1952, to be attached to and made a part of the agreement on file in your office designated as follows: Park or Beach Date and Term Agency of Agreement Corona Del Mar Beach State Park 8-19-49 50 years Very truly yours, JOHN A. HENNESSEY Supervising Lands Officer By �� Lt/'cu -t'i- C IFFORD E. WHITE CEW:lbk Land Title Abstractor Enc. City of Newport Beach EXCERPT FROM THE MINUTES OF THE MEETING OF THE CALIFORNIA STATE PARK COMMISSION San Diego, California May 16, 1952 ADMINISTRATION. Chief Drury discussed the matter of delegation of authority to the Chief to approve plans for structures and concession agreements, under approved master plans for state parks operated by local governments. Deputy Attorney General Walter S. Rountree discussed this matter with respect to approval of plans and structures in concession agree- ments, when submitted by local agencies or political subdivisions who are operating a state park under authority of Section 5007 of the Public Resources Code. He asked that specific action be taken covering each agreement, when such structures are a part of a master plan which has been approved by the State Park Commission, rather than that authority be given in a blanket resolution. Director Hannum discussed the subject in connection with approval by his office. It was moved by Commissioner Scott that the following resolution be adopted: WHEREAS, the State of California, acting by and through the State Park Commission, and the I•.it -g pursuant to the provisions of Section 5007, Public Resources Code, did on the —1941h —da4r Qtr 1ti�� 1oL g, enter into a certain agreement wherein the state did lease for the care, maintenance and control of certain State Park Areas in the Corona Dal M-gr Beach e«-,� v_,: _U County of __Oranze • and WHEREAS, the State Park Commission has found that it is necessary, convenient and expeditious in the administration of State's responsibilities under said agreement to delegate certain authority relative to such agreement to the Chief of CO? NA. DAL MAR BEACH S ARK '',.the Division of ches and Parks; now, y 16, ther re, 1952 BE IT RESOLVED that the Chief of the Division of Beaches and Parks be and he is hereby delegated the authority, with the approval of the Director of the Department of Natural Resources, to approve plans for structures and concession agreements between the City of Newport Beach and private parties, vben such are submitted in accordance with the said agreement between the State and the City of Newport Beach ; and BE IT FURTHER RESOLVED that copies of this resolution, duly certified by the Executive Secretary of the State Park Com- mission of the State of California, be affixed to copies of said agreement in the possession of the State, and transmitted to the Cit;- o Plea:oort 7-each to be affixed to copies of said agreement in possession of said City o ?dev:port Beach. Seconded by Commissioner Kasch and approved. W .W W I, J. H. Covington, Executive Secretary of the State Park Com- mission of the State of California, do hereby certify that the foregoing resolution was adopted by the majority vote of the members of the State Park Commission at a meeting held pursuant to due and legal notice to the members thereof at San Diego, California, May 16, 1952. ��� v Secreta ion of the -2- 1 pie jrare rarx of California f . 3 A{# . M s MMd© i plicato this / �9 of ?irv-e,O 1950 . by and . b4tween tha STATE 07 t3 TA ting througb the CALIFOhMA, STATT PARK Coi! °muoll�hereiar ae attar referred to ss the,*State° sad CITY OF li PORT BYAOv * munio ias�,00rporution of �,�isth olsns, .in t2se County or'' r. Orange, Suite of Califoinia sreinaf ter *allied the jaw* t9 "et "A3, the State and t$s City have herOUfors enterod ir*o an agroo" tent' -tor the11Op0ratiOns COUt"I. Go" Saw maintorwice by the "Ity of 10lst certain State+vkned proPOrty k=vm as Corona Del Mar Statii and City Beaeab efw4t. to Rid, an :r the 19th des of Augusts 1949! and TpF:i7.41W& it is provided AA, said agreement under Clause 1# Paragraph 2 as follows ='" "the provisions Of this agreement may be alter- ads shangeds or a ed by mutual eonsaat or re Parties hereth. NOW THTSRMREs it is naitually agreed by and bAVOOnt the S taco and the City Ott said above voction*d agreement Is heroby altered and anended by striking therefrom all of Claus* 7 on h>aas 3 thereof. ATT"ZM G�249. e 00re w--""_ APPRC-M i CRI GI NAL • WPM i POO Department of a ST ' OP CAL I rA AG i� and Its stater Park Ocassi#gii.oa MA For, tt ,� sxf4 - 1 � -A P _._t`6 Let A " w vn on a Ow of hm" visa 6730 reeeriwd to $Oak 20, at pat*$ 17 and IC of Hisioolil►aoo" 91"1 vocorde of *"d Dre3�" Copatyt BXOS IRO * aq portion or porstoao thereof lylu bolsv the line of orillalry bI#A tide of the fteifio 00een as oaid ltso to now loeatod. Is VIM$$ V.I MWO the partieo he"to baxe ox4mmtem tmo Lease A,"oswat in triplioato an the day, math. said Year flrot o'tara Written. AITR MS a'eiasltiw+a teior ary AY'f'�tC}9k�%I ��jRf r9tiNn�c•1 /H!ju / /<�iv'1 . I i %ifNPA.U�.I • d �hPdmweA't��nn�.r.....c �iregter e,t 3b►taral >i000areoo Dirootar or ti3►ozme MIMI city Clerk STATZ PAZ COMISSIGp 01 TIM StAfM ox CALIMMIA Irma APMYAK all bgmty iaireetor- Caatrreller w CM OFQPftU 7, ACI x WPAA�A� IOWA .* 1949 Jails# S. 1%aaa, Director APPROVED 3<ME4 ; G. DEAN, Wrecior ORIGjtlrl cIG ?dED01 i.,y LOWS' ,. Ii iiVZEB 1 2 3 4 6 6 7 8 9. 10 11 12 13 14 15 ME 17 19 20 21 22 23 24 25 26 27 28 29 30 31 32 R p witoMia baw ease. "d into a Leave eovering said state ae ProPe"Y. WASAW, 6141A, Of ANguat 7.90' 1949; , s said a o=t&1ne a provision in Clause 7 thereof that the ,sew mW be terablated upon one year's nosibe elther party, e WHOWASP it lob the desire or the parties-to said Lease that eal.d Clause T bo ellelin4ad a44 that the owwolamon Pro.: T'"O i + U%IaR*d In MWASe 1; ftrWaph 2 to the *"*at thet as agreement . May be altered, wmw , Or by MUa1 @Cftento should @ova ; that floss LeaRo Agfto. moat or August j9# 1949 U Amended so AS to strike thererrmm all QP Malts* 7 thereof. and " Moo and the City Clark be, UW are herGlW# *V thWlxos sad 41reatoe to ozoeute oue% as ASSMANwat to wit rt.' fto above amt Matt 1ttg X*001"104 neat 4aly and :lame paaeed and adopted by the City Co 11 of the City or Newport r3evt$ at a regular fteting thereof held, oxt the 30th c3V or vostober, 1950, .FA RTPAC{di CF FI4ANG APPROVED NOV 2 u 1950 JAMES S. DEAN, Director BY MWIM11 SNNEU RY LUUI$ J. P."N$6Nre Ann:;, (Administration and ooast3Faa1 saY oort&u MU Bach Aroma for rfatr}:'sses of atnt,a Per)% ur steno for rib, -your per0d andI THIS Aov,`.':� :vyr wAAoi taa trilillente and ent%rod into t. "As J16b.L Y of August $z y, .: i�r cu €l rear es. a�.!j U � p a "a ��� Wu,f� v.. Z" v vy n, .,.16[ sa f. {a iaYi� n iai .M14tM1 . �yFs �6A�1. �i": Ft� {ii � aseallQ thq aG taisn4sizlaa, azaa� 01TY oi` .,e „ria4?ar 1j. oil$ QO I yin °..ba:uA of he F k,:Ct% v:3 :..i tS ;i. i.A h° s a','kEii.t” y ax Mf •'t RuLn or 111 i :ial �4k7 "i.'u;`z::'a {f'_^ cp}jj '£ .;:a AAA than °3t3Rtt, of California ims has:rat +gl'urc easr,xirro� 1nr Itrr;s is .h. Anii. T'sQrQAta Al purlresou "t" real 000"10* =01010 Of tbmah fro"toeq uaa the Pacific Man# is the Cite of 13evb;fvrt beach which meal proporttoo Ara h tretnaafter more T>wtAjoulaarly identified, and HARMAN said proporti€t aea UbAsir tho ,juriedirtiaia +und 000trOl of a6ld AM park donvisaloal and W[lMAK the OUto kaarir Coq Asaion Is cathorascd pursaaakrat to the provtsi.rfaf.s ax patiou 5007 of the Public Aestwreea Qasdew to enter into Agroettentt with dittos, 44M other political oub ivtaions of the itEato for the afar», a;Kiaaita ne3, a:.azttrul, for tho stes^^e osts of tho state pork* System# by at%jlor ;as:yt'4, to arch of jf1;i -0g noo.ar Mac .j%'fria4lotKu of the E'thar ', a�f!'ti," 't�f E9tta;.�'i i:A93laut'Fiilvq 7.;3f:i. to X" lai Pqr tQ a;,'.°i1:F➢:,UN-a of attgg°a dtva* P,ieYt9itQ ,Ykq',�, xC4ii'� tSryEi'�'i'k�. tE} �)q pAU, fz'o i of sub city, iaf5l:fit` r, or IA— luAR' it !a Qt,' '.a r tl�°cn t t a:: i:sw a ".`•8RX`L.; r i.ftv.. k4. =J: :?#m and 00a taEa 01 t^: �1. ° q ' '$A(M a•. ,. voi, ta7f5 pur.'Ooboa of t hn At+ ta, Y -'2F." iIyAtrn)4 will ✓ i htwy f.'iRvl 4"'AalTEq d .LA" .. >ropwrty In valht:aluE!�. &'„iii for t} n r; Use. eud to thAt saui that the rase, mare sulutona"00 rsKu9 Cart 01 asid Ila? Qaonbrty, for the .purposoo of the Ylto:to Park t ateke, be place Id as dox t#ase ¢?x isaa,pt ota Of said City of fiotTort Aoaahp WOW IMARM,Y+'!';W In a an*tdaration of the aeataael covenants hereinafter oetn,Un +Auftd' the Paartlass hereto tre•s as followat (1) i. what paid City of vowrmrt teach shall hays, for a period of fifty (50) years from A vs . 19 , 194.10 the raft maintenance and costro4 of thR real oroporties b¢reinaftor idoatifieei* for the trarpossr of the fitato Park. Rystom, sad to that ood and durifte eatd "riot of yen", the said City is beroby yitasa jurisdiction Azad Control of said propsrtiaes for the purposes of developing, a Int-ainise, controlling, uslae, end operating the asso for p1 ravani recreational sand, bee". park and that during said period said`'PiSy ie�ai�1�4' ue costs of�ereve� controlling, ustap and operatiwy said beach proportion for mid "rpoPes and the State shaall not, dvrinoa said period, be balled "on or ba liablo for the cast of nail dovelot} at. maiatonomeo, control, use or operation. It is understood and agreed that said City shall havP the right to r+Qaa,*4+ this lease at the one of raid paeoried for an additional like period of time. bct- veithetaading anything berets contained to the contrary. this agreement say be ter- minated and the provisions of this aagreoAmont say bap aaltered, ohmaapd, or amoWlwal, by outual canseat of the parties hereto. a ". While dais lease atisreement is to force s.nd effect, said properti.aas oball at all timaas bar asoeasible And subjo t to the use and sajaysaent of all oltiosnw of the Mate of Oklifornia# a all other persons entitled to use and enjoy, the seise, nyabj"e"t, howeawer, in the matter of such use and, anjoyme+ant, to tiler juri%diotioa of said (:Aty Au conformity with this lease agreement. In this respeact said City is hereby authnriaeel to grnaat snob souee olons of special benefit to the public using. mid beech ararasP to the and that greater nap and enjoymeist thereof will be derived. dmoh sonoemasion sagreolm is shall be subuitted to and r000lvaa the approval of this Momtav yawls Ca+m- ual"oloaa prior to the offective date thereof. The riebts of the blio to the arse and e•clsyerat of said boaaah area# shall thereupsean become mxbjmct to such concesasie +n ngrvow onto or to %kWh rules at regulations as mar bo rroxolgated by said City for tine ua;P wad enjoymomt of suash aroae, aA suoh mine prom 1pateei by maid. city aku;i.l conform to and bar Consistent with the ralet and regulations farosaldrated by the 'R'40 Ntwtn Parr, commlovion sad gonerell.y "palicablea to the 9teto PArP; system. -Tbwn rrn- PertAae iseralsafter identified shall net to used for any other pss.rs,oe±e than the rurposea bervin enuwsratad. « Said City *hall maintain and keop in good order rand repair any &nd ^11 bnildt -"A's er Other ctructuros that are now loeatnd on said beach proalves or thet away hareeftar be constructed thereon. In conmeot en with such buildings or atmeztteres as are now located on paid beach rsromiaes, it is understood and agreed that any 1110sil.ity *+kiieh any srism or be edjudaf a, decree40 or dooUred., aaholl be ataasys .,e- pap. the City if such liability should, arias" or grey out of the neglect mnf foiluro of paid City to koop snid stroatures in proper Condition mead repair. ps. Said City may, subject to thw approval of than State part: Coruai.as"slon, grant concessions to or %pea mid State lark are" consistent with the use thereof for perit and plargrouad pur ooa!s, each concoctions to be primarily far th+a bonefit read sajoymcnt of the public using aaaidd beach %park areas rand net for the profit or revv -varposes to sand city. if pay profit As derived thsrefrsa,' such profit er the profits from other chareses fir- —mweia1 arrr soloos or aeoomrnl�wi3ons o°"uTtao£ eon* e;iC a�sar roe, -wean, or eolloetions made by the City for sesreicoa, bonsfitn. or aesot? sdaatiaans to the PwRoral public in connection with the or"ration, control, car*, *nd Maneeemat of said State beach areas shall be Limited on far no rr2acAtcca'hiw 6e Ae WRI nearder for aaaiotos»snCn, #Afety, aaaitatiara d bo4.11y comfort" P'Ad that Ccnansrcisli ti;aaa for profit, nther thano no hererin providod, YbAll not 'br arfl,p`n'w=? i?a by paid City. 5. It is farther aeer"A and. understood between the piartlos horoto thRt any alasvoloDmont, 1sea+rb. erseidn, control, 0.01 protection work vahieh spay bee ua•Sdeorttokvn by the Fauto qr the Vaned States of America. alone or ga. Pala, State beach crone, iu than *Anoor aurovided; by laaw or under the rulsn of the Co mission, oholl not, tIn marl vey, ha construed ors caenttitastAsg a teraai.netton of this joegu ft$reetr± rat or 4.sa Any waxy affsotiasr the saasr. Tt,s Stetas "ark Commierion 0*11 harp than right to entar Into e;raaP�+ ntR for s;;cb work durtae the term hereof slid to 4V Vzvn esrid he h 7aaa ks or to nulhesrlae *"'V roan. firers at co mwrantien to go nMron tho same for tbm purr4.,r.e of samba oonz.tsvr— Lion, hmae b srootel?c, rroteotion or ooastrel vork, or tht moping of otb "r pwiallo , r, for tbo ii- rovmrimn1 or davalormont of maid 'Steto b?ach aronw. 6, It ie fnrthar Permod that any and all davelorjRPnt, eonr.trurtier or' ipi ^'rnrwmmnk ether them the above me- ntioned eba,l.l bo undAr the eulorvlainn, eortrnl en(; AT%bjPot to the ,.1+•rnval of, tb• t'tate r*ri; CoMOtPalon. 7. It le fi,Trthrr 4rrrod by end 'AAtwppn the partiAe hor"to that zh,'F)>r -arty mffy terminrtn OAP +#rPAartrnt eat ony ttrip (urine tho tmrm thnrAof n7,cn ono (1) yA ^r'xa vritta!n notire to tho other tarty. All, notievw wheel?, bs line >mod sufiivinnt hAra =.)no rrr w1ion mil lod t>e its rm vrroamnifl any) itir"tg Fd to the r rtr rf± inct wham tpxolnatinn 1e to %I. it in 'furtbe-r $.rronei by ;Lve" bPtvvf4F"n thvP rz*rtlos b «rrtt` tbf{+ th^' hC'nkR. rpeoT' ?f, And Accounts i3V71171n.F to than P,— rotirn t?r sPifl bAneb&v kPpt by tho i"y.lq "lull. P lv??S+f! be Oros for sTiirl.it unit inRR>°otion by tho .e=tnt'+ Park ter *srnl oni.C�f. !]pen the tBtxvinetie)n of thin hens vir'"ement all Imrnr(?vp'.Arntr ,`n4l other inat 11n•Giose4 ahx.11. hn the *+:ato;rArty of thf. £;t!:ke of ('Aiifnroi ^a, uno thr City "n).1 "ft bo Nntttl- d ti+ +any rnimhnrAr ,Rant for fea.yraiAnt for anv govk, !..bor, or rsrttwriO ,1;ne -e: In ar IIIOn propprti±f5. ;. it is? unders+towsl Anti rarmpit by nnA bat "ean the nr- rt).fff'. 1,mrrtr :: <.t tine .Pperh and the State VvArk Cemmiarion intimod to faoouiro AdditinTtr i b fah r,(7e,mrtiaf e'i.thin thm City of Ppv"rrt 11-90h. r.n a rc,"atehing buai", and Omy at7,41.t.tou -41 �irnportip,; reijuj ,d by the 5ts-ta PP-rk fnmfnivsTivn in thlw or any ^th r• mufnnr'r in the city of R'ev+rort Pp"eh asny bo lwP..t*A to tkte City of Xavrrrt Br'^rk w4vit r tbis n, =,a+a 10,aaf? .arrencant, undsar th- gnitIP, torvov synd cn!?nttif na, vhfn (a.' Mtn City tr(znati r.f Or..ea City of ctf =• " -^ r" 'otc,,eh, 1tg ravolntir -rs, m e +.Patr that es:r'.O n.i itlrm+a rrp --rty bF' u+a.fia % ;:'fTrt of VJ% l,.CfR.9f. nrronmr.nt, *41 (b) tb#, `tp.te 'solo VI,d"r't F.y }cP by vrnPr, mn-�i.rove't* tho inc}wrion of QPIO rroperti.ov vtthia thin la+anA Fc��m'• -nrn# 10, The real properties owned by the State of California, the control,l F� Jurisdiction, oaro and maintenance of whioh' are by this lease agreement given over "Corona Bel itar State and Oity Beach E°ark", and �. to the Oity, shell be known' as the are identified as followet n -•Ity- "' Lft�Uli Tbnt TOrtlnr Ol f TO ,� PQ ebnr ?n Ott A rr oi' !tefeordFA in'T?nek ?, Pt ryf{n'e tsl. ovfl 1rf, of tipfr?l.)n' + +?soam .''?(. "! #, e•f ?P.•e, !`S3A o fi A. *.:i c} r }t.nngf+ Ci,`+tintlL' 'annrdo of wnii ,enyarri.4?!r n a .fol lee +P i PPginnintr P.t the ;nnint oflatorw-etton of the deaths ro ±,rrly lino of >Aid let A with the rrrlongntion of tba Me rthrP,tterly lids of lrif Avonure, ferssrfrly ?5th Avarno. -•.a e<hevn on wwie opp, and ninnina_ thonco N -oth a'1° "t nSt '9 W`oqt tlf�rr mei rrnl: Yirntien 1.70 frtst; ttRrrP Foie 111" . 'ftvt ^.47 + fma$, >stg,. ra or 1• ^.f�, to the lin+r or Ft r.' "!i PT. a. r}+ FstF. }a t; j, r<s? •,f ow r, " *rifier crown; th4.noa ltortbo^%tAr.ly Pnr' ..amt -rly nt.r.nr nrl+3 1,inA of or l.tnri high We of j''rnifpo t' tap t} - °e�bzthr•ewt,�rl.y` arM7.ene!,tirn of tirm �farti��Ant+ely lino of Lgrkv,cur Avpniio. formorly 17th ivenna, aaro rho -p7n on nr+ici x,a, tta >ltA #` +ore, ?5'0 ^`yr rrt:lonraet.itr fV "%'T'c nr 1ngfi. th t{i- fi'f?rt }34iAF;turi:y lip,, t :4 ys«io .t t}owrre ;n-th (.sl., , f, '"q=t "AIURLV Pole,FC.'wt }a y, t.et'id li'nm < ^f� r'.j f'"''ft. tAOrC f *^ 1Ff.. us, tb LitR j.!:int, f. +S Ptaf'i ntti Yi•F'; ?;e+tr• 1. t. 1.7. inrl!ar.i9'e, in 14 ^k h`� ?') n.> nj]n�•.'st Ova n si"e;� rr, ' ornnm (I'vt for vs- c?rflpf) in BrWok: ?. Sat• IL"P y,i f,,d e"i :,i l,�c rllK n'e Ta^ !;ape >,cf rVrf.Ori)p of r + -i • 01o;' ^nP.r, Count,ti i (3 ) PARK COMMISSION JOSEPH R. KNOWLAND, CHAIRMAN .ARUNU LEO CARRILLO .AN TA ...GA GEORGE WALONER FERNDALE CHARLES KASCH UKIAH GEORGE A. SCOTT r EARL WARREN 04 GOVERNOR ( A STATE OF CALIFORNIA jBiirision of tachts sub 13ttrks Peparfurenf of Natural Aesourtes 1211 SIXTEENTH STREET SACRAMENTO 14 Mr. John J. Sailors City k anager City of Newport Beach City Hall Newport Beach, California Attention: R. K. Priest, City Clerk Dear Sir: WARREN T. HANNUM DIRECTOR OF NATURAL RESOURCES BRANCH OFFICES 1102 MARKET STREET SAN FRANCISCO 2 324 DOUGLAS BLDG. 211 50, HIRING S'.." LOS ANGELES 12 December 5, 1950 Attached hereto please find a fully executed copy of "Amendment to Agreement ", dated November 15, 1950, by which Clause 7, Page 3 of the fifty year agreement, dated August 19, 1949, is deleted. The deletion of this clause provides for termination of the fifty year agreement by mutual consent of the parties thereto. You will note that the appropriate resolutions of both the City Council of the City of Newport Beach and the State Park Commission have been attached to the execu- ted copy of "Amendment to Agreement ". Please retain this document for your use. Many thanks for your cooperation and courtesies in bringing this matter to a successful conclusion. Very truly yours, JOHN A. HENNESSEY Supervising Lands Officer By / r SNT,;;rr— " Senior Land Title Abstractor EO.ST ....... bu TALLEST KNOWN TREE IN Encl. ^� e °TT'A°SA�R HIGH. cc: Lands Section, L.A. ••! PARK COMMISSION JOSEPH R. KNOWLAND, CHAIRMAN O.. LA.. LEO CARRILLO SANTA MONICA GEORGE WALONER FERNDALE CHARLES KASCH UKIAH GEORGE SAN o A. SCOTT T ... "T "". TPEE IN TNC WPL FT. HID T PP ES EPVED I P BOLOT STATE VAprt E RL WARREN GOVERNOR WARREN T. HANNUM DIRECTOR OF NATURAL RESOURCES E� BRANCH OFFICES STATE OF CALIFORNIA 1182 MARKET STREET t(y } Ej{� {��} SAN FRANCISCO 2 jo iirxsion of 36rar4CB anb Parks SJ4 DOUGLAS BLDG. w 2ST SO. SPRING STREET COt7parftntnf of Wsfural AtsouYLEB LOS ANGELES 12 1211 SIXTEENTH STREET SACRAMENTO 14 August 28, 1950 Mr. John J. Sailors, City Manager City of Newport Beach City Hall Newport Beach, California Re: Newport Beach, City of (Fifty Year Operating Agreement) Corona Del Mar Beach State Park Dear Mr. Sailors: The State Park Commission, at the request of the offi- cials of the City of Newport Beach considered an amendment to the existing operating agreement between the State and said City, dated August 19, 1949, rela- tive to the termination clause contained therein. By resolution adopted at the meeting of August 18, 1950, the State Park Commission approved the execution of a Supplemental Agreement which in effect would eliminate Clause 7 on Page 3 of the original agreement. Said Clause 7 provides for the termination of the agreement by either party upon giving one year's written notice to the other party. The agreement will still contain a provision for termination upon the mutual consent of the parties thereto as set forth in Paragraph 2 of Clause 1 of said agreement. In accordance with the above, we have prepared, and en- close herewith, original and five copies of a draft of Amendment to Agreement for your consideration. If the document meets with your approval, we would appreciate T1 Mr. John J. Sailors August 28, 1950 Page 2 your arranging for the execution of same by the proper officials of the City of Newport Beach and returning all copies to this office for fur- ther processing and approval by necessary State Officials. Upon completion of such execution and approval, a fully signed copy will be returned to you for your use. Thank you for your cooperation in this matter. Very truly yours, JOHN A. HENNESSEY Supervising Lands Officer By K NET M Senior Land Title Abstractor KCS/bu cc: Lands Section, L.A. J+ A. y PARK COMMISSION JOSEPH R. KNOWLAND, CHAIRMAN CAR,... LEO CARRILLO SANTA MONICA GEORGE WALONER P.R.. w LE CHARLES KASCH URIAK RG GEOE ME A. OOO� COAST REDWOOD TREE IN TALLEST K N THE IS ORLD~s FT.. HIGH. PRE HUMBOLDT STATE PARK —A&ti.'v. EARL WARREN GOVERNOR STATE OF CALIFORNIA plitsion of 'Norac des bttD Parks Department of LWatural Aesourees 1211 SIXTEENTH STREET SACRAMENTO 14 Mr. John J. Sailors City Manager City of Newport Beach Newport Beach, California Re: Newport Beach, City of Fifty -year Operating Lease Dear Mr. Sailors: WARREN T. HANNUM DIRECTOR OF NATURAL RESOURCES A. E. HENNING CHIEF, DIVISION OF BEACHES AND PARKS BRANCH OFFICES •IT MONTGOMERY STREET SAM FRANCISCO A E34 ..M.L...LOS. s O. SPRING O RELY LOS ANGELES 12 November 14, 1949 We are happy to enclose herewith two fully executed and approved copies of the Lease Agree- ment between the City of Newport Beach and the State of California for the care, maintenance and control of the State and City Beach at Corona del Mar for a period of fifty years. May we thank you and other officials for your cooperation in bringing this matter to a successful conclusion. bu Very truly yours, JOHN A. HENNESSEY Supervising Lands Officer By "`�OIRWIN W. Asst. Right of Way Agent 1 PARK COMMISSION JOSVN R. KHOWLAND, CHAIRMAN CARL... LEO CARRILLO SANTA MONICA GEORGE WALDNER FERNDALE CHARLES KASCH YRIAN GEORGE A. SCOTT EARLWARREN 1j •. / STATE OF CALIFORNIA jOibision of 'tarhes anb V arhs Ptpartment of Xatural )tesourr¢s 1311 SIXTEENTH STREET SACRAMENTO 14 Mr. John J. Sailors City Manager City of Newport Beach Newport Beach, California Re: Newport Beach, City of Fifty -year lease Dear Sir: WARREN T. HANNUM DIRECTOR OF NATURAL RESOURCES A. E. HENNING CHIEF, DIVISION OF REACHES AND PARKS BRANCH OFFICES AIT MONT...[RY STREET SAN FRANCISCO A June 22, 1949 5M DOUGLAS .LOG. S'l) 90. SPRING STREET LOS ANGELES II CITY CLELK'S OFFICE Received ...................... ............................... Presented to Council We are returning herewith the proposed lease as submitted,in triplicate with your recent letter of transmittal. May we advise that it will be proper for the City of Newport Beach to immediately proceed with the execution of this instrument. It must first be executed by the Commission and then presented to the State Park Commission for the formal approval and execution. Upon returning the executed instrument to this office, please enclose a certified copy of the_re,aglu- tion authorizing execution as adopted by the City Council. it wiTi die furtfier appreciated if you will also enclose hree additional conformed copied of the gecuted instrument. rious Mate offices approving the Eo u ent will need "copies for their files. May we thank you for your prompt attention to this matter. We trust that the City will soon be in'a position to complete the execution. Very truly yours, JOHN A. HENNESSEY Supervising Lands Officer By i W. NlcCLIN i96 Asst. Right of Way ►gent I WM�bu Enc s.