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HomeMy WebLinkAboutC-841 - Fixing & establishing a boundary line for Lots 9 through 18 in Block 218, Section BR 1 2 3I4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 j! 25 26 27 28 29 i 30 31 l 32 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 1. 1 3 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 i 23 24 25 26 27 28 29 30 31 32 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 2. .::ayor o t e ci 3' e fiev+part Beach 21 3 4I 5' 6i 7 8 9 10 11 12 13 14 15 16 17 18 19 20 I 21 i 22 23 24 25 Ili 26 ` 27 28 29 V0 31 32 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 1. I 1. 2 3 4 I 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 LAW OFFICES OF ROLANO THOMPSON 210 SPURGEON BUILDING SRNTA ANA, CALIF. • I 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 I 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. 2. 1 2 3 4i, 5) 6i 7 8 9I 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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: 3. U 1' 2 3 41 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 LAW OFFICES OF ROLAND THOMPSON 210 SPURGE N BUILDING SANTA ANA, CALIF. 0 0 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 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 29 30 31 32 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: i 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. 26 27 as shown upon the map entitled, "Proposed Bay Avenue Extension, i 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 I 31 caused this agreement to be executed by its duly authorized 32 LACY OFFICES OF ROLANO THOMPSON 210 SPURGEON BUILDING BANTA ANA, CALIF. officers and the parties of the second part have hereunto set 6. 1 2 4 6 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 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 i 1 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 21 1 dLAJ U 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 i 1 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 ce-ll-� � q q (o � 64� J,j CrL, ,. � � �` _ _' / �� , :. `� � f7 � �\ � _"' / � ry � � � C i t_ r �,� � � � �" - 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 "dN10'T11�7J~ V7DJ�.(J �• �A�OJ q- UTq'y�.z DATE ACTION DIRECTOR ZINBT• P.W. DIR. ENGINEER IC DIY. IECTRICAL DIY. PATER & SEWER DIY. IELD ENGINEER FFICE ENGINEER -z- ECRETART "dN10'T11�7J~ V7DJ�.(J �• �A�OJ q- UTq'y�.z