HomeMy WebLinkAboutC-841 - Fixing & establishing a boundary line for Lots 9 through 18 in Block 218, Section BR
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LAW OFFICES OF
ROLAND THOMPSON
210 SPURUEpH BUILDING
SANTA ANA, CAUF.
RESOLUTM 110. Ai Ls
WHEREAS, there has this 28th day of April, 1941, been
presented to the City Council of the City of Newport Beach a
certain Agrean -ant dated A-oril 28th, 1941, wherein the City of
W;e'!�?:crt Beach I designated as pnrty of the first part, and
Harry "'. Stevens and Lillian A. Stevens, his wife, Louis Vilelle,
Anton Suttc:ra and k*ary suttcra, his wife, Martin J. Hoosan and
Ethel C. Hoosa.n, his wife, Volney L. Hay and Ruby Hay, his
wife, are therein designated as parties of the second part, which
c:,ntraet has for its purpos? the fixing and establishing of
certain boundary lines between 18th Street and 19th Street in the
City of Nlezor;ort Beech; and
WHEREAS, the City Council of the city of Newport
Beach believes that it is for the best interests of said city
that said boundary line be fixed and established; and
WHEREAS, said City Council further believes that said
contract is in all respects fair, dust and equitable.
NOWO THFi FFORE, Br IT RESOLVED: That said contract
be and. the same is hereby a ^proved as written by the City Council
of the city of Newport Beach, and the Mayor and City Clerk of the
cit- of Newr_.ort Beach are hereby instructed, directed and author-
ized to execute said contract in the name of and on behalf of the
cit., of Newi)ort Beach, and the Citj Clerk is directed and
instructed to deliver duly executed copies thereto to the Parties
of the second part therein named.
I hereb:: certify that the above and foregoing
resolution was duly and regularly passed and adopted by the
Cit.-.r Council of t'ne City of Nt-�wport Beach at an adjourned regular
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LAW OFFICES OF
ROLAND THOMPSON
210 S"RGEON BNILDINO
SANTA ANA. CALIF.
meeting thereof held on the 28th day of April, 1941, by the
following vote, to —wit:
AYES, COUNCILMEN: �p,ed,
NOES, COUNGIL;,,E`3:
ABSENT, COUKGILa N: m
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.::ayor o t e ci 3' e fiev+part
Beach
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LAW OFFICES OF
ROLAND TFIOMPSON
210 SPURGEON BUILDING
5ANY. AN., CALM
AGREEMENT FIXING AND ESTABLISHING A
BOUNDARY LINE
THIS AGREEMENT made and entered into this day of
April, 1941, by and between:
and
CITY OF NEC,PORT BEACH, a municipal
corporation, situated in the County
of Orange, State of California,
hereinafter to be known as Party of
the First Part,
HARRY N. STEVENS and LILLIAN R. STEVENS,
his wife; LOUIS VILELLE, a single man;
ANTON SUTTORA and Iu1ARY SUTTORA, his wife;
MARTIN J. HOOSAN and ETHEL C. HOOSAN,
his wife; VOLNEY L. HAY and RUBY E. HAY,
his wife;
hereinafter to be known as Parties of
the Second Part.
W I T N E S S E T H:
WHEREAS, the parties of the second part are the owners
of all that certain real property situate, lying and being in the
City of Newport Beach, County of Orange, State of California, and
hereinafter described, that is to say: Harry W. Stevens and
Lillian R. Stevens, his wife, are the owners of Lot Nine (9);
Louis Vilelle, a single man, is the owner of Lots Ten (10),
Eleven (11) and Fifteen (15); Anton Suttora and Lary Suttora,
his wife, are the owners of Lot Twelve (12); Martin J. Hoosan
and Ethel C. Hoosan, his wife, are the owners of Lots Thirteen (13
and Fourteen (14); Volney L. Hay and Ruby E. Hay, his wife,
are the owners of Lots Sixteen (16), Seventeen (17) and Eighteen
(18); all of said lots being in Block 218, Section "B ", Newport
Beach, as shown upon a map of Section "B", recorded in Book 4,
page 27, Miscellaneous Maps, in the office of the County Recorder
of the County of Orange, State of California; and
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LAW OFFICES OF
ROLANO THOMPSON
210 SPURGEON BUILDING
SRNTA ANA, CALIF.
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WHEREAS, the party of the first part is the owner of
all tidelands and submerged lands in the City of Newport Beach
and situated below the line of mean high tide of the Pacific
Ocean in Newport Bay. A portion of said tidelands so held and
owned by the City of Newport Beach adjoins and is contiguous
to the upland owned by parties of the second part and hereinabove
described; and
WHEREAS, the boundary line between the tidelands and
submerged lands held and owned by the City of Newport Beach and
the upland owned by parties of the second part is now and has
been at all times the line of mean high tide of the Pacific
Ocean in Newport Bay as the same existed when the upland belonging
to the parties of the second part and the tidelands and submerged
lands belonging to the party of the first part were in a state of
nature; and
WHEREAS, certain land has been added to the upland
belonging to the parties of the second part herein by accretion,
both natural and artificial; and
WHEREAS, the parties hereto are uncertain as to the true
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location of the line of mean high tide between the tidelands and
submerged lands belonging to the party of the first part, and the
upland belonging to the parties of the second part; and
WHEREAS, it is the desire of all the parties hereto to
permanently fix and establish the location of the line of mean
high tide in order to protect the party of the first part herein
against any claim or claims by the parties of the second part,
or either or any of them, and to settle and adjust all disputes
of any kind or nature concerning the location of the line of
mean high tide of the Pacific Ocean in Newport Bay, and to
permanently fix and establish the boundary line between their
respective properties.
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LAW OFFICES OF
ROLANO THOMPSON
210 SPURGEON BUILDING
SANTA ANA, CALIF.
0 0
NOW, THERUMM, for mutual consideration each to the
other moving, the parties hereto have agreed as follows, to -wit:
1. It is expressly understood and agreed that the
boundary line between the tidelands and submerged lands belonging
to the party of the first part and the upland belonging to the
parties of the second part, and hereinabove described as the
line of mean high tide of the Pacific Ocean in Newport Bay, as
the same existed when the upland belonging to the parties of the
second part and the tidelands belonging to the party of the first
part were in a state of nature, and it is agreed that the exact
and true location of said line is as follows, to -wit:
Beginning at a point in the northerly prolongation
of the Westerly line of 18th Street, as said 18th
Street is laid out and shown upon a map of Section
B, Newport Beach, recorded in Book 4, page 27 of
Miseellaneous Naps, records of Orange County,
California, said point of beginning being 99.96
feet northerly of the southeast corner of Lot 18
In Block 218 of said Section B; and from said
point of beginning a radial line bears North 170
491 43" East;
running thence northwesterly along a curve concave
to the northeast and having a radius of 996.27 feet,
through an are distance of 87.54 feet to a point
from which a radial line bears North 220 511 48"
East;
thence westerly along a curve concave to the south
and having a radius of 996.27 feet, through an are
distance of 185.85 feet to a point from which a
radial line bears south 120 101 30" West;
thence north 770 491 3011 West, 25.16 feet to the
northeast corner of Lot 4 in said Block 218;
thence north 770 49' 30" West along the northerly
line of said Lot 4, 100 feet to the northwest corner
of said Lot 4.
2. The parties of the second part do hereby release,
remise and forever quitclaim to the party of the first part all
that certain real property situate in the City of Newport Beach,
County of Orange, State of California, described as follows,
to -wit:
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LAW OFFICES OF
ROLAND THOMPSON
210 SPURGE N BUILDING
SANTA ANA, CALIF.
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All of the real property lying northerly of the line
of mean high tide of the Pacific Ocean in Newport Bay,
as hereinabove fixed and established, and southerly
of the U. S. Bulkhead Line in Newport Bay, as established
by the War Department January 18, 1917, and shown upor/a
map entitled 'Harbor Lines, Newport Bay Harbor, California',
approved by the Secretary of War May 2, 1936, a copy of
said map being on file in the office of the U. S. Engineer,
Los Angeles, California, and the northerly prolongation of
the westerly line of Lot Nine (9) and the northerly ro-
longation of the easterly line of Lot Eighteen (18) in
Block 218, Section B of Newport Beach, as shown upon the
map recorded in Book 4, page 27, Miscellaneous Maps in the
office of the County Recorder of Orange County, State of
California.
3. Party of the first part does hereby release,
remise and forever quitclaim to Harry W. Stevens and Lillian R.
Stevens, his wife, all that certain real property situate, lying
and being in the city of Newport Beach, County of Orange, State
of California, described as follows, to -wit:
Uplands described as follows: Beginning at the
northwest corner of Lot 9, Block 218, as shown un a map
of Section B, Newport Beach, recorded in Book 4, page 27
of Miscellaneous Maps, records of Orange County,
California; running thence nor therly along the north-
erly prolongation of the westerly line of said Lot 9 to
an intersection with the ordinary high tide line of the
Pacific Ocean in Newport Bay as hereinabove described;
thence easterly along the said ordinary high tide line to
an intersection with the northerly prolongation of the
easterly line of said Lot 9; thence southerly along the last
mentioned northerly prolongation of the easterly line of
said Lot 9 to the northeasterly corner of said Lot 9;
thence westerly along the northerly line of said Lot 9
to the point of beginning.
Party of the first part does hereby release, remise
and forever quitclaim to Louis Vilelle, a single man, all that
certain real property situate, lying and being in the city of
Newport Beach, County of Orange, State of California, described
as follows, to -wit:
Uplands described as follows: Beginning at the
northwest corner of Lot 10 in Block 218, as shown on a
map of Section B, Newport Beach, recorded in Book 4,
page 27 of Miscellaneous Maps, Records of Orange County,
California; running thence northerly along the northerly
prolongation of the westerly line of said Lot 10 to an
intersection with the ordinary high tide line of the
Pacific Ocean in Newport Bay, as hereinabove described;
thence easterly along the said ordinary high tide line
to an intersection with the northerly prolongation of the
easterly line of Lot 11 in said Block 218; thence
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LAW OFFICES OF
ROLAND THOMPSON
210 SPVRGEON BNILDIN6
SANTA ANA, CALIF.
U
southerly along the last mentioned northerly prolongation
of the easterly line of said Lot 11 to the northeasterly
corner of said Lot 11; thence westerly along the north-
erly line of said Lots 10 and 11 to the point of beginning.
also,
Beginning at the northwest corner of Lot 150 Block 218,
as shown upon a map of Section B, Newport Beach, recorded
in Book 4, page 27 of Miscellaneous Maps, Records of
Orange County, California; running thence northerly along
the, northerly prolongation of the westerly line of said
Lot 15 to an intersection with the ordinary high tide line
of the Pacific Ocean in Newport Bay as hereinabove
described; thence easterly along the said ordinary high
tide line to an intersection with the northerly prolonga-
tion of the easterly line of said Lot 15; thence
southerly along the last mentioned northerly prolongation
of the easterly line of said Lot 15 to the northeasterly
corner of said Lot 15; thence westerly along the north-
erly line of said Lot 15 to the point of beginning.
Party of the first part does hereby release, remise
and forever quitclaim to Anton Suttora and Mary Suttora, his
wife, all that certain real property situate, lying and being
in the City of Newport Beach, County of Orange, State of
California, described as follows, to -wit:
Uplands described as follows: Beginning at the
northwest corner of Lot 12, Block 218, as shown upon
a map of Section B, Newport Beach, recorded in Book 41
page 27 of Miscellaneous Maps, Records of Orange
County, California; running thence northerly along
the northerly prolongation of the westerly line of
said Lot 12 to an intersection with the ordinary high
tide line of the Pacific Ocean in Newport Bay, as
hereinabove described; thence easterly along the said
ordinary high tide line to an intersection with the
northerly prolongation of the easterly line of said
Lot 12; thence southerly along the last mentioned
northerly prolongation of the easterly line of said
Lot 12 to the northeasterly corner of said Lot 12;
thence westerly along the northerly line of said Lot
12 to the point of beginning.
Party of the first part does hereby release, remise
and forever quitclaim to Martin J. Hoosan and Ethel C. Hoosan,
his wife, all that certain real property situate, lying and
being In the city of Newport Beach, County of Orange, State of
California, described as follows, to -wit:
5.
1 Uplands described as follows: Beginning at the
northwest corner of Lot 13 in Block 218, as shown
2 on a map of Section B, Newport Beach, recorded in
Book 4, page 27 of Miscellaneous Maps, Records of
.,3 Orange County, California; running thence north-
erly along the northerly prolongation of the west -
4 erly line of said Lot 13 to an intersection with the
ordinary high tide line of the Pacific Ocean in
5 Newport Bay, as hereinabove described; thence
6 1 easterly along the said ordinary high tide line to
I an intersection with the northerly prolongation of
the easterly line of Lot 14 in said Block 218;
7 thence southerly along the last mentioned northerly
prolongation of the easterly line of said Lot 14 to
8 the northeasterly corner of said Lot 14; thence
westerly along the northerly line of said Lots 13
9 and 14 to the point of beginning,
l0 Party of the first part does hereby release, remise
lli and forever quitclaim to Volney L. Hay and Ruby E. Hay, his wife,
12j all that certain real property situate, lying and being in the
13 ;I City of Newport Beach, County of Orange, State of California,
14;1 described as follows, to -wit:
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15 Uplands described as follows: Beginning at the
northwest corner of Lot 16 in Block 218 as shown
16j on a map of Section B, Newport Beach, recorded in
Book 4, page 27 of Miscellaneous Maps, records of
17 +! Orange County, California; running thence northerly
along the northerly prolongation of the westerly
18 line of said Lot 16 to an intersection with the
19 ordinary high tide line of the Pacific Ocean in
Newport Bay, as hereinabove described; thence
easterly along the said ordinary high tide line to
20 1 an intersection with the northerly prolongation of
the easterly line of Lot 16 in said Block 218; thence
21' southerly along the last mentioned northerly prolonga-
tion of the easterly line of said Lot 16 a distance of
22! 21.2 feet; thence south 770 491 30" East to an
j intersection with the northerly prolongation of the
23;; easterly line of Lot 18 in said Block 218; thence
1 south 90 38' 30" West along the last mentioned
24; northerly prolongation of the easterly line of said
Lot 18 to the Northeasterly corner of said Lot 18;
25111 thence Westerly along the northerly line of said
�, Lots 16, 17 and 18 to the point of beginning.
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27 as shown upon the map entitled, "Proposed Bay Avenue Extension,
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28 , Newport Beach, California," dated December 4, 1940, being drawing
29 No. 48 -1212,
30 IN WITNESS WHEREOF, the party of the first part has
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31 caused this agreement to be executed by its duly authorized
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LACY OFFICES OF
ROLANO THOMPSON
210 SPURGEON BUILDING
BANTA ANA, CALIF.
officers and the parties of the second part have hereunto set
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LAW OFFICES OF
ROLANO THOMPSON
RIO SP ..... N BOILO .,
SANTA ANA, CALIF.
their hands and seals the day and date hereinabove written.
CITY /
Attest-7 gyp` _ LCity Clerk
Party of the first part
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Parties of the second part
r. ._r.s �Hf. No. .._ "�..
? EY e 1
County of Orange
State of California -
On the 26th. day of April 1941 before me a notary in
and for said county.,peraonally appeared
lot
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Known to me to be t e persons whose names are subs-rJ.'--I- tc the vit'hin
S u':, s c r i b ,i d s.g., c - n t c ',,) e ' c r e ice t'ii i s 2 � t',l . of April 1941.
A4
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May 1, 1963
Mr. Clyde Brannan
2740 Nichols Canyon
Hollywood 46, California
Dear Mr. Brannan:
You were in my office about two weeks ago inquiring about
an agreement between the City of Newport Beach and
Volney L. Hay and Ruby Hay, fixing and establishing a
boundary line for Lots 9 through 18 in Block 218, Section B.
On this day I located the document, and I am attaching
a copy of the agreement and a copy of Resolution No. 2165,
authorizing the agreement.
The agreement was recorded on March 9, 1962 in Book
1117, Page 317, Official Records of Orange County.
Very truly yours,
Margery Schrouder
City Clerk
City of Newport Beach
MS:mv
Encs.
Thermofax copy to City Attorney
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4 -16 -63 4;00 P.M.
Marcie - Jimmy Larsen could find nothing on this.
Tully called about it, and told me the
Resolution number, but evidently we do
not have any contracts in our files that go
back tbmc that far (1941). I searched and
could find nothing.
If .2 1�p 7
M. V.
To:
From:
0
CITY OF NEWPORT BEACH
City Clerk
City Attorney
CI PAA Y
0
M
March 9, 1962 /
Subject: Agreement dated April 28, 1941, between the City of
, Newport Beach and Stevens, et al
I am returning the original executed copy of the subject agreement
to you, along with the duplicate original copy of Resolution No.
2165, for your files.
This agreement was recorded as Document No. 28053 on November 8,
1941, in Book 1117, page 317, Official Records of Orange County.
a tl" er W.
WWC :mec City Attor
Encs.
cc - Director of Public Works
i 0
City Clerk
City Attorney
City Clerk
March 8, 1962
Recordation of Agreement between the City of Newport
Beach and Harry W. Stevens at al fixing and establish-
ing a boundary line dated ipril 29, 1941.
You will recall at the first of the week I telephoned you and.
mentioned that when Carol Kruse was indicating on the Publia Works
Department map, the dates showing conveyance to the City of
Property, she came across the above mentioned Agreement and noted
that it had not been recorded. I spoke to the Public Works Director
and asked him, in accordance with your suggestion, whether or not
from an engineering standpol4t the boundaries re subject property
are definite. Mr. Simpson, on March 5, referred the matter to
the Assistant Public Works Director with a note, "Should this
document be recorded? If so, advise City Clerk and she will work
it out with C.A." The subsequent mote on the Public Works inter-
office memo was "C.A. said there 'would be advantages now in having
document recorded."
As I mentioned to you on the phone, all the. signatures on the
Agreement have been notarised excepting the sigaatura'of the Mayor
and City Clark. The Mayor who sign d the Agreement was Mr. Irvin
George Gordon. Mr. Gordon passed or6Meceziber, 1959. Apparently,
Mr. Rinehart is presently.living in Anaheim.
In accordance with your suggestion of today, the pertinent papers
are being forwarded to you.
MS: ph
i I
r
PUBLIC WORKS DEPART1ENT
CITY ;OF NEWPORT BCACN
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DATE
ACTION
DIRECTOR
ZINBT•
P.W. DIR.
ENGINEER
IC DIY.
IECTRICAL DIY.
PATER & SEWER DIY.
IELD ENGINEER
FFICE ENGINEER
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ECRETART
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