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
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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
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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
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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.
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:..............................
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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
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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
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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.