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HomeMy WebLinkAboutC-926 - Boundary agreement6 W CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTHTENT To: City Clerk ri September 15, 1964 From: City Attorney Subject: Boundary agreement, Coast Capital, Inc. Transmitted is a fully executed copy of the subject boundary agreement between the City, Coast Capital, Inc., and the State which fixes the boundary line between City tidelands and Block 324 of Lancaster's Addition. This agreement should be retained in your official files. THS :mec Enc. Tully ft. Seymour Acting City Attorney r t 0 W.O. 5160 BLA :. BOUNDARY AGREEMENT THIS BOUNDARY AGREEMENT, made and entered into by and between THE CITY OF NEWPORT BEACH (as Party of the First Part herein- after referred to as "City ") and COAST CAPITAL, INC., a California corporation, (as Party of-the Second Part hereinafter referred to as "Capital ") and STATE OF CALIFORNIA, acting by and through the STATE LANDS COM- MISSION (as Party of the Third Part hereinafter referred to as "the State "). W I T N E S S E T H • WHEREAS, the State acting through the State Lands Commission is authorized by Section 6357 of the Public Resources Code to establish by agreement the ordinary high water mark or the ordinary low water mark of the swamp, overflowed, marsh, tide or submerged lands of this State, when- ever it is deemed expedient or necessary; and WHEREAS, the City of Newport Beach, per Chapter 494, Statutes of 1919, and Chapter 70, Statutes of 1927 holds all right, title and interest in and to the tidelands and submerged lands in Newport Bay;and WHEREAS, Capital appears of record as owner of certain uplands bordering on a waterway known as "The Rhine" in Newport Bay, Orange County, California; and WHEREAS, the State Lands Commission, pursuant to Section 6301 of the Public Resources Code, is vested with all jurisdiction and autho- • rity remaining in the State as to tidelands and submerged lands to which V • is 0 0 0 grants have been made or may be made; and WHEREAS, the ordinary high water mark or the ordinary low water mark as each may have existed in its last natural state has been affected by artificial and natural processes or a combination of both; and WHEREAS, the State, the City and Capital consider it expedient and necessary and in the best interests of all concerned to describe and fix permanently the boundary between private uplands and granted tidelands and submerged lands and forever set at rest any and all questions relat- ing to the location of said boundary line; NOW, THEREFORE, in order to locate, describe and permanently establish the true and correct boundary line between the uplands owned by Capital and the tidelands and submerged lands in Newport Bay, it is agreed between the State, the City and Capital that said boundary line shall be as follows: The southeasterly line of Block 324, of Lancaster's Addition to Newport Beach, California, as per map recorded in Book 5, Page 14 of Miscellaneous Maps, Records of Orange County, California, said line also being the northwesterly line of "The Rhine ", a waterway 60 feet in width shown on said map. This agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this agree- ment on the dates hereafter written: _ / SCX ate of Signature Dat,j of Signature 2 CITY OFOR�T. (BEACH BY?G� f/l DG mayorr - (� By a C,-" �c C ity (�lerk f Iq. 11 • 0 STATE OF CALIFORNIA ) ss COUNTY OF Orange ) On this 5th day of August in the year 1 _O , before me, ,a Notary Public in and for said County and State, personally appeared known to me to be the Maw of the city that executed the wit that such city executed the same. _`��� ''y. Cis'. "... I_, r /," � • � r:. N" —,AR( eeJ; 1, - CA :.............................. ....... . . �- Datd of Signature y 7 iyGz Da of Signature me NOTARY PUBLIMy N AND ion F�pSA JDnpOUN7��AND STATE STATE OF qALIFORNIA ) ss COUNTY 0P� On this before me, COAST CAPITAL, INC. By President By -t- -( „ ,.f Secretary in the year Y L V , . a known to me to be tht / 1 anC C...�.,�.K..�I— S'' c of the corporation that executed the within Inst ent and acknowledged tom'' me that such corporation executed the same. yy n /�92 ARbYTH DEEDS My Commission Expires Jan. 29. 1968 Name Typed or Printed NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE 0 r-j �J • 0 2 IRfi4 Date of Signature STATE OF CA�S�iFORN `j ss COUNTY OF STATE OF CALIFORNIA Acting by and through STATE 0N By F. J. HO G Executive ficer On this 7 day of in the year 9 dX , before me, �N.�t ) n d• ,a Notary Public in and fo said County and State, personally appeared F.J. HORTIG, known to to be the Executive Officer of the State Lands Commission, and known o me to be the person who executed the within Instru ment on behalf of said agency, and acknowledged to me that such agency executed the same. STRATTON, Notary Public' name klypea or rrintiea) NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE -4- Is City Clerk City Attorney City Clerk 40 August 6, 1964 Loundary Agreement - City of Newport Beach, Coast Cz,+ital, Inc. and the State of California acting for -nd through the State Lands Commission. In compliance with your request of August 3, the attached four copies of the Rorndary Agreement as revised h ve b: - -3n executed b-• Mayor Gruber and mn. Margery Scbotider City Clerk MS: dg Encls. r CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT August 3, 1964 To: City Clerk From: City Attorney Subject: Boundary agreement, Coast Capital, Inc. Transmitted are five copies of a boundary agreement and a copy of a letter from the State Lands Commission requesting that four of the copies be executed. The enclosed copies are exactly the same as the two copies previously executed by the City except for a change in the second "Whereas" clause in this draft which is in no way detrimental to the City. It is, therefore, suggested that the four copies clipped to- gether be executed and acknowledged and returned to this office for transmittal to Mr. Singer for execution. WWC:mec Encs. cc - City Manager Public Works Director Walter W. Charair�a City Attorney CITY:.. "K CITY OF NEWPORT BEACH,� i .. CALIF. X/ HALE CHAMPION CN.IRMAN GLENN M. ANDERSON MEMBER ALAN CRANSTON MEMBER ADDRESS REPLY TO: STATE LANDS DIVISION 30E STATE BUILDING LOS ANGELES, CALIFWNIA 00012 Mr. Walter W. City Attorney City Hall Newport Beach, Dear Sir:' • Charamza EDMUND G. 11ttnds (1nnum0111M NBROWN 46 GOVEROR F. J. HORTIG KX9CUTIVL OFFICER FRED W. KREPT Asn17ANT u� EXECUTIVE OFFICER i§tatr 11ttnds (1nnum0111M STATE LANDS DIVISION DEPARTMENT OF FINANCE STATE OF CALIFORNIA STATE BUILDING L02 ANGELES 900I2 California REFER TO FILE NO. W.O. 5160 B.L.A. 54 July 30, 1964 Enclosed are four copies of the Boundary Agreement between the State of California, City of Newport Beach and Coast Capital, Inc. Please execute all four copies and then forward all copies to Mr. Noel Singer for execution by Coast Capital, Inc. Also advise Mr. Singer to return all four copies to the State lands Division for execution by the Executive Officer. We require a Resolution authorizing the President and Secretary to sign for Coast Capital, Inc. We are not using the two copies executed by the City because we need four executed copies. DBD:fe Enc.: Boundary Agreement (4) cc: Mr. Noel Singer 315 South Beverly Drive Beverly Hills, California Yours very truly, D. B. DAVIDSON Senior Civil Engineer REc� EO AU, > : w.o. 5160 BL.A 54 THIS BOUNDARY AGREEMENT, made and entered into by and between THE CITY OF NEWPORT BEACH (as Party of the First Part herein- after referred to as "City ") and COAST CAPITAL, INC., a California corporation, (as Party of-the Second Part hereinafter referred to as "Capital ") and STATE OF CALIFORNIA, acting by and through the STATE LANDS COM- MISSION (as Party of the Third Part hereinafter referred to as "th@ State "). W I T N E S S E T H WHEREAS, the State acting through the State Lands Commission is authorized by Section 6357 of the Public Resources Code to establish by agreement the ordinary high water mark or the ordinary low water mark of the swamp, overflowed, marsh, tide or submerged lands of this State, when- ever it is deemed expedient or necessary; and' WHEREAS, the City of Newport Beach, per Chapter 494, Statutes of 1919, and Chapter 70, Statutes of 1927 holds all right, title and interest in and to the tidelands and submerged lands in Newport Bay;and WHEREAS, Capital appears of record as owner of certain uplands bordering on a waterway known as "The Rhine" in Newport Bay, Orange County, California; and WHEREAS, the State Lands Commission, pursuant to Section 6301 of the Public Resources Code, is vested with all jurisdiction and autho- rity remaining in the State as to tidelands and submerged lands to which -1- a 1 grants have been made or may be made; and WHEREAS, the ordinary high water mark or the ordinary low water mark as each may have existed in its last natural state has been affected by artificial and natural processes or a combination of both; and WHEREAS, the State, the City and Capital consider it expedient and necessary and in the best interests of all concerned to describe and fix permanently the boundary between private uplands and granted tidelands and submerged lands and forever set at rest any and all questions relat- ing to the location of said boundary line; NOW, THEREFCRE, in order to locate, describe and permanently establish the true and correct boundary line between the uplands owned by Capital and the tidelands and submerged lands in Newport Bay, it is agreed between the State, the City and Capital that said boundary line shall be as follows: The southeasterly line of Block 324, of Lancaster's Addition to Newport Beach, California, as per map recorded in Book 5, Page 14 of Miscellaneous Maps, Records of Orange County, California, said line also being the northwesterly line of "The Rhine ", a waterway 60 feet in width shown on said map. This agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this agree- ment on the dates hereafter written: DagW�of Signature Date 'lof Signature -2- CITY • C. By STATE OF CALIFORNIA COUNTY OF ss On this �= day of in the year before me. -� a known to me t6 be the of the city that executed the At that such city executed the same. NOTARY e -usuc - cu�carua PRIKIFAI OffICE IN .. ORANGE CGUNTY _... _ .... - .......... _ ..... ........................... NOT. AR Y Date of Signature Date of Signature , me Z�oRa7/4 C- /'"A1.EA! Name (Typed or Printed PUBLIC IN AND FOR SAID COUNTY AND STATE STATE OF CALIFORNIA ss COUNTY OF COAST CAPITAL] INC. President Secretary On this day of in the year , before me, , a Notary Public in and for said County and State, personally appeared and known to me to be the and of the corporation that executed the within Instrument and acknowledged to me that such corporation executed the same. Name Typed or Printed NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE -3- s f O Date of Signature STATE OF CALIFORNIA ) ss COUNTY OF 0 STATE OF CALIFORNIA Acting by and through STATE LANDS CCNMISSI0N BS' F. J. HORTIG Executive Officer On this day of in the year before me, ,a Notary Public in and for said County and State, personally appeared F.J. HORTIG, known to me to be the Executive Officer of the State Lands Commission, and known to me to be the person who executed the within Instru- ment on behalf of said agency, and acknowledged to me that such agency executed the same. Name Typed or Printed NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE -4— WWCsmec - 6/26164 (5) ' 0. '`5160' B.L.A. 54 TATS BOW WY AGRZXK FIT, wade and entered into by and between the CITY OF NEWPORT BEWS (as Party of the First Part herein- after referred to " "City ") and COAST CAPITAL, INC., a California corporation, (as Party of the Second part hereinafter referred to as "Capital ") and STATS OF CALIFORNIA, acting by and through the STATE LANDS COMMISSION (as Party of the Third Part hereinafter referred to as "the State "). 1i ,jTNSSSBTH VMMUS, the State acting through the State Lands Com- mission is authorized by Section 6357 of the Public Resources Code to establish by agreement the ordinary high water mark or the ordinary low water mark of the swamp, overflowed, marsh, tide or submerged lands of this State, whenever it is deemed expedient or necessary; and WHEREAS, the City of Newport Beach, per Chapter 494, Statutes of 1919, and Chapter 70, Statutes of 1927, holds all right, title and interest in and to certain tidelands and sub- merged lands in Newport Bay; and WHEREAS, Capital appears of record as owner of certain uplands bordering on a waterway known as "The Rhine" in Newport Bay, Orange County, California; and WSSREAS, the State Lands Commission, pursuant to Section 6301 of the Public Resources Code, is vested with all jurisdiction and authority remaining in the State as to tidelands and submerged lands to which grants have been made or may be made; and -1- n �J VVJMSl, the ordinary high water mark or the ordinary low wafter mark as each may have e:cisted in its last natural state has been affected by artificial and natural processes or a combination of both; and WFJMX&S, the State, the City and Capital consider it uepadient and necessazy and in the best interests of all concerned to describe and fix permaently the boundary between private up- lands and granted tidelands and submerged lands and forever set at rest any and all questions relating to the location of said boundary line= NOW, TEMEFOR16 in oUder to locate, describe and perma- nently establish the true and correct boundary line between the uplands owned by Capital and the tidelands and subasarged lands in Newport Bay, it is agreed between the State, the City and Capital that said boundary line shall be as follows: The southeasterly line of Block 324 of Lancaster's Addition to Newport Beach California as per map recorded in Book 5, page 14 of Miscellaneous Maps, Records of Orange County, California, said line also being the northwesterly line of "The Rhine ", a waterway 60 feet in width shown on said map. This agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the dates hereafter written: CITY OF NUMM BEACH By 0 SIature YAYOr By D�te oZ Signature City Clerk -2- • 0 STATE Of CALIFORNIA as COUNTY OF CM a N 43r.. On this it.0 day of in the year 1964 , before p Y . a Notary PuUl c a. or ty anT3ttato$ persona`Try apppeared and lytar¢er .-am Gr to me to be t — one c+ £� �,� d' t c tq t executed the R%&_ nstrwmt an ac 7LI�e that such pity executed the sasis. d ftf 1955 name yp d—orr- WiAttt� NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATR too gn —At ure- STATE OF CALIFMNIA as COUNTY OF �) COAST CAPITAL, INC. By Pr-WiLdeFt By cretary On this �� day of in-the year , before me, , a Notary Publ cn`dn or said County an fate, personally appeared atnown to me to t e and of the corporation that execu the within Instrnmen-t`&nn a_c _o lodged to me that such corporation executed the same. Mme ►e —or a 60-4)_ NOTARY PUBLIC IN AND SAID COUNTY AND STATE STATE OF CALIFORNIA Acting STAYS I.A DSn IO CONKIS ISON Data of gnature By " F. J. HORTIG Executive Officer -3- COBUTZ of MY OFCALIFtRWL �ss On this day of in the year , before %W , a Notary Public in and for ss an tats ppeersonM ad F. J. 1�TIO, Nm kno to so to be the Executive bfPicer of ebsa s Lands Commission, and Imoom to me to be the person who executed the within Instniment on behalf of said agency, and ackmavledged to as that such agency executed the same. or NOTARY PUBLIC IN AND FM SAID COO11TY AND STATE .04. WWC:mec - 6/26/64 (5) . W.O. 5160 - d i B.L.A. 54 BOUNDARY AGREEMENT THIS BOUNDARY AGREEMENT, made and entered into by and between the CITY OF NEWPORT BEACH (as Party of the First Part herein- after referred to as "City ") and COAST CAPITAL, INC., a California corporation, (as Party of the Second Part hereinafter referred to as "Capital ") and STATE OF CALIFORNIA, acting by and through the STATE LANDS COMMISSION (as Party of the Third Part hereinafter referred to as "the State "). W I T N E S S E T H WHEREAS, the State acting through the State Lands Com- mission is authorized by Section 6357 of the Public Resources Code to establish by agreement the ordinary high water mark or the ordinary low water mark of the swamp, overflowed, marsh, tide or submerged lands of this State, whenever it is deemed expedient or necessary; and WHEREAS, the City of Newport Beach, per Chapter 494, Statutes of 1919, and Chapter 70, Statutes of 1927, holds all c �. right, title and interest in and to certain tidelands and sub - S� \. /V f merged.lands in Newport Bay; and rc .k WHEREAS, Capital appears of record as owner of certain uplands bordering on a waterway known as "The Rhine" in Newport Bay, Orange County, California; and WHEREAS, the State Lands Commission, pursuant to Section 6301 of the Public Resources Code, is vested with all jurisdiction and authority remaining in the State as to tidelands and submerged lands to which grants have been made or may be made; and -1- WHEREAS, the ordinary high water mark or the ordinary low water mark as each may have existed in its last natural state has been affected by artificial and natural processes or a combination of both; and WHEREAS, the State, the City and Capital consider it expedient and necessary and in the best interests of all concerned to describe and fix permanently the boundary between private up- lands and granted tidelands and submerged lands and forever set at rest any and all questions relating to the location of said boundary line; NOW, THEREFORE, in order to locate, describe and perma- nently establish the true and correct boundary line between the uplands owned by Capital and the tidelands and submerged lands in Newport Bay, it is agreed between the State, the City and Capital that said boundary line shall be as follows: The southeasterly line of Block 324, of Lancaster's Addition to Newport Beach, California, as per map recorded in Book 5, page 14 of Miscellaneous Maps, Records of Orange County, California, said line also being the northwesterly line of "The Rhine ", a waterway 60 feet in width shown on said map. This agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the dates hereafter written: CITY OF NEWPORT BEACH By Date ot Signature Mayor By Date of ignature City Clerk -2- STATE OF CALIFORNIA ass COUNTY OF On this day of in the year , before me, , a Notary Public in and for said County and State, personally appeared and own to me to be the an of the city-that executed the wi— '-thin Instrument and acknowledged to me that such city executed the same. NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE Date of ignature Date Sig` nature STATE OF CALIFORNIA )ss COUNTY OF ) On this before Notary day of COAST CAPITAL, INC. By President By Secretary in the year , me, , a Public in an or said County an State, personally appeared and own to me to be the an of the corporation that execute t e wit in Instrument and acknow- ledged to me that such corporation executed the same. Name (-Types or Printed) NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE STATE OF CALIFORNIA Acting by and through STATE LANDS COMMISSION By Diate of ignature F. J. HORTIG Executive Officer -3- STATE OF CALIFORNIA ss COUNTY OF ) On this day of in the year , before me, a Notary Public in and for said County and State, personally appeared F. J. HORTIG, known to me to be the Executive Officer of the State Lands Commission,,and known to me to be the person who executed the within Instrument on behalf of said agency, and acknowledged to me that such agency executed the same. NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE -4- WWC:mec • 6/25/64 RESOLUTION NO, 5996 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF A BOUNDARY AGREEMENT" WHEREAS, a boundary agreement has been prepared in which the City of Newport Beach, Coast Capital, Inc,, and the State of California, acting by and through the State Lands Commission, are parties; and WHEREAS, Section 6357 of the Public Resources Code author- izes an agreement to establish the boundary line between tidelands and submerged lands and adjoining uplands by such agreement; and WHEREAS, the City of Newport Beach is the owner of tide- lands and submerged lands pursuant to California Statutes of 1919, Chapter 494, and California Statutes of 1927, Chapter 70; and WHEREAS, Coast Capital is the owner of adjoining uplands consisting of Block 324 of Lancaster's Addition to Newport Beach, as per map recorded in Book 5, page 14, of Miscellaneous Maps, Records of Orange County; and WHEREAS, it appears to be in the interest of Coast Capital, the City of Newport Beach, and the State of California and in the public interest to establish the boundary line between said tide- lands and said .uplands as "The southeasterly line of Block 324, of Lancaster's Addition to Newport Beach, California, as per map re- corded in Book 5, Page 14 of Miscellaneous Maps, Records of Orange County, California, said line also being the northwesterly line of 'The Rhine', a waterway 60 feet in width shown on said map "; and WHEREAS, said boundary agreement fixes said line; NOW, THEREFORE, BE IT RESOLVED that said agreement be and is hereby approved by the City Council and the Mayor and City Clerk be and are hereby authorized and directed to execute the same on behalf of the City. ADOPTED this 13th day of July, 1964. ATTEST: Mayor ty` Clerk u\ N N f H •1 v` `J W S •�° i.f • N 0' \ �1 0 m o LOT .4 j5p.51 /Z /3 14 /5 16 • �3 ��� �yt• %fig \� . ��s�, `V �tdp3� \ � C.CSBULKHEAO G /.\IE 4pay �(, , � •� J e�' 1 d ' US. P /HEAD �5%/° ��� �� � >�, � 105• (o0r' � � �1�% /v� 'f Ui 0 °0' � � t p.� • ems. GO �ti05� 6 / .1,15 .003 � r r/ / • City Clerk City Attorney City Clerk C� July 16, 1964 Boundary Agreement - City of Newport Beach, Coast Capital, Inc., and the State of California acting for and through the State Lands Commission. In accordance with your request, the copies of the Boundary Agreement are attached hereto for transmittal to the State Lands Commission. Margery Schrouder City Clerk CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT June 30, 1964 To: The Honorable Mayor and City Council i - From- City Attorney Subject- Boundary agreement Transmitted is a boundary agreement and resolution authorizing the execution of said agreement by the City. This agreement, upon execution by the City and Coast Capital, Inc., and approval of the State Lands Commission, would fix the boundary line between City tidelands and Block 324 of Lancaster's Addition owned by Coast Capital at the southeasterly line of Block 324 and at the north- westerly line of The Rhine, also shown on the map of Lancaster's Addition, A sketch of the block and adjoining Rhine is attached. An agreement of this kind to establish the boundary line between tidelands and uplands is authorized by Section 6357 of the Public Resources Code of the State. The line fixed in the agreement is the line shown on the subdivision map of Lancaster's Addition to Newport Beach as the southeasterly line of Block 324 immediately adjoining The Rhine, which is shown on the same map as a waterway sixty feet in width. If the City is expected sion at the reviewed by WWC -mec Encs, Council authorizes the execution of this agreement, it that it will be considered by the State Lands Commis - July meeting of the Commission. The matter has been the State Lands Divisiop and found to be satisfactory. cc - City Manager City Clerk Public Works Director a ter A Wo City Atto To: From: 0 CITY OF NEWPORT BEACH City Clerk City Attorney CITY ATTORNEY DEPARTMENT Subject: Boundary agreement 0 June 30, 1964 Attached are the original and three copies of proposed boundary agreement between the City, Coast Capital, Inc., and the State which would fix the boundary line between City tidelands and Block 324 of Lancaster's Addition, together with a resolution which, if adopted by the City Council, would authorize the execution of said agreement. Also transmitted is a memorandum to the City Council, to which are attached copies of said agreement and resolution and a sketch of said Block 324 and the adjoining Rhine. It is requested that this matter be submitted to the City Council for consideration, and, after adoption of the resolution, that the agreement be executed on behalf of the City and returned to us for transmittal to the State Lands Commission. f Walter W.Charamza WWC :mec City Attorney / Encs, v cc - City Manager Lo Public Works Director RECEI` =' o 1` A cw " CITY OF NEWPORT BEACH, CALIF.