HomeMy WebLinkAboutC-948 - Boundary agreement for 1315 to 1317 E. BalboaMaii To.
City of NeTTort Beech
3300 NeiriDort Elvd.
hei,Toort peach, Calif. 92664
11ttn• Hargel°y 'chrouder
RECORDED AT REQUEST OF
QTY OF.Nij*PORI BEACH
IN OFFICIAL RECORDS OF
ORANGE COUNTY, CALIF.
9.05 AM FEB 4 1965
FREE I L WYUE CARLYLE, County Recorder
BOUNDARY AGREEMENT
a6-67403 m844
W.O. 5307
B.L.A. 58
THIS BOUNDARY AGREEMENT, made and entered into by and between
THE CITY OF NEWPORT BEACH (as Party of the First Part hereinafter
referred to as "City") and
MIRIAM BLAICH (as Party of the Second Part hereinafter referred
to as "Second Party") 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 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,
whenever it is deemed expedient or necessary; and
WHEREAS, the City of Newport Beach, per Chapter 813, Statutes of
1929, holds all right, title and interest in and to all of the tidelands,
submerged lands and filled lands lying within the corporate limits of the
City of Newport Beach and bordering upon, in and under the Pacific Ocean,
situated below the line of Mean High Tide of the Pacific Ocean; and
WHEREAS, Second Party appears of record as owner of certain
uplands bordering on the Pacific Ocean in the City of Newport Beach, Orange
1
County, California; and
WHEREAS, the State Lands Commission, pursuant to Section 6301 of
the Public Resources Code is vested with all jurisdiction and authority (�
-1-
a06� 7403 PAGE $� 3
remaining in the State as to tidelands and submerged lands to which 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 Second Party 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 relating 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
Second Party and the tidelands of the Pacific Ocean, it is agreed between
the State, the City and Second Party that said boundary line should be
as follows:
A line parallel with and distant 202.42 feet southwesterly
from the northeasterly line of Lots 8 and 9 in Block 22, as
shown on a map of Eastside Addition to Balboa Tract, recorded
in Miscellaneous Maps Book 4+ page 20, records of Orange
County, California, and between the southwesterly prolonga-
tion of a line parallel with and ten (10) feet northwesterly
of the southeasterly line of said Lot 8 and the southwesterly
prolongation of a line parallel with and thirty-five (35)
feet southeasterly of the southeasterly line of said Lot 8.
This agreement shall be binding upon and inure to the benefit of
the successors and assigns of the parties hereto.
-2-
-b- - U 7403 WE 824-
O .
IN WITNESS WHEREOF, the parties hereto have executed this agree-
ment on the dates hereafter written.
Date of"Sigiibtlre
Date otSignature
STATE OF CALIFORNIA
COUNTY OF ORANGE
On this 18th
CITY 20 -ET BEACH
ayor
By
APP RC)VED AS TO FORM %ty C" erk
T
N� t ed : \1/9
,,CITY ATTOR Y
January+ in the year 1965
day of
before me, George Pappas , a
Notary Public in and for said County and State personally appeared
Paul J. Gruber =t and �Aargpry Sclirouder
known to me to be theAfaybr and City Cler7
of the city that executed the wlt,'in Instrument and ackpowledpbd to me that
such city executed the same.
...................................................................
'AS
EN
.................. ............... .............. . .........
GEORGE PAPAS
Commission Expires Nov. 21, 19d
Name (Typed or Printed)
NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE
January 18, 1965
--V'T- %'A --
Date of Signature Miriam Blaich r
STATE OF
ss
COUNTY OF Q-ramge
On this 18 day of January in the year 1965
before me,, G i i —or -e Pappas J,
a
Notary Public in and for said County and State, personally,appeared
Miriam Blal
known to me to be the person whosel�pame is subsdribed to
Instrument, and acknowledged to m� that she executed e--
..............................................................
A
NO,
F
...............
--- ............... ...............
I 'GrEOPME PPFPA9
Commission Ex{;.:; -s Mov. 21,
Name (Typed or Printed)
NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE
-3-
' ,
Date of Sjohature
STATE OF CAL FORNIA )
ss
COUNTY OF
666K7403 PAGE 82.5
STATS OF. CALIFORNIA
acting _b -V.. aad through
STATE LANDS COK4ISS.10111,
By
„�. •HORTIG
cutive'Of cer
14
On this day of in the year ,
before me, ---±r'�'�•-��4 _..r a
Notary Public in and forWd County -and State, personally appeared
F. J. Hortig, known to m5/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 ackaowledged to me that such agency
executed the same.
My Commission Expires October 30, 964
Name Typed or Printed
NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE
m
1
To6K7403 PAGE 826
314
32
B66K i4Qi PAGE Stiii
�;.
18
1�
20
21
22
23
24
25
26
27
28
29
30
31
32
EP
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF NEWPORT BEACH)
I, MARGERY SCHROUDER, City Clerk of the City of Newport
Beach, C{ lifornia, do hereby certify that according to the records of the
City of Newport Beach filed and maintained in my office, the foregoing
Resolution No. 6098 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 11th day of
19 65 , by the following vote, to wit:
AYES, COUNCILMEN: Stoddard, Forgit, Cook, Gruber, Marshall,
Parsons
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: None
.ABSTAINED: Elder
Dated this 3rd day of February , 19 65
City Clerkkand Ex -Officio Clerk of the
City Councils City of Newport Beach,
State of California®
0 A
CITY OF NEWPORT BEACH
CALIFORNIA
City Hall
3300 W. Newport Blvd.
Area Code 714
6732110
February 3, 1965
Mr. John A. Blaich
2555 Crestview Drive
Newport Beach, California
Dear Mr. Blaich:
Transmitted is a fully executed copy of the
Boundary Agreement between the City of
Newport Beach, Miriam Blaich, and the State
of California which was sent to us by the
State Lands Division for your mother.
We have today forwarded the agreement to
the Orange County Recorder to be recorded,
which we assume will be done in the next day
or two. This should complete the matter of
establishing the boundary line between Mrs.
Blaich's. property and the tidelands.
Very truly yours,
A— N.
Tully V Seymot 7
THS:mec City Attorney
Enc.
cc - Margery Schrouder, City Clerk
CITY OF NEWPORT BEACH
CALIFORNIA
February 3, 1965
J. Wylie Carlyle, County Recorder
212 West 8th Street
Santa Ana, California
Dear Sir:
Transmitted for recording is a Boundary .Ag regi-
ment between the City of Newport Beach, Miriam
Blaich, and the State of California, together
with a certified copy of Resolution No. 6098
of the City Council of the City of Newport
Beach authorizing the execution of said agree-
ment. As this is a service for the,City of
Newport Beach, a municipal corporation, there
should be no fee for such recording.
It is requested that the document be returned
to this office following recordation thereof.
Very truly yours,
Tully H. Seymour
THS:mec City Attorney
Ence.
cc - Margery Schrouder, City Clerk
l
}
City cia*
February 3, 1965
City Attorney
City Clerk
Boundary Agreenent re property of Mirian Blaich
Attached hereto is a certified copy of Resolution No. 6098 adopted by the
City Council on January 11th, 1965, authorizing the execution of the subject
agreanent, as per your request.
MS /mjc
ery Schrouder
City Clerk
Y •
CITY OF NEWPORT BEACH
CITY ATTORNEY
DEPARTMENT
To: City Clerk
From: City Attorney
February 2, 1965
Subject: Boundary agreement re property of Miriam Blaich
It is requested that you furnish us a certified copy of
Resolution No. 6098 adopted by the City Council on January 11,
1965, authorizing the execution of the subject agreement.
THS:mec
ae 6 Tully H!. mo�,
City Attorney
yF�Yp0 " CF
CA( /FBFACy
January 20, 1965
State Lands Division
305 State Buildin
Los Angeles, California
90012
Attention: D. B. Davidson
Senior Civil Engineer
Re: Your File No. W.O. 5307
Gentlemen:
As requested by your letter of November 16,
1964, transmitted are four copiee of the
Boundary Agreement between the City of Newport
Beach, Miriam Blaich, and the State of Cali-
fornia, all of which have been executed by the
City of Newport Beach and Mrs. Blaich.
Kindly send the copies for the City to this
office following their execution on behalf
of the State.
Very truly yours,
Tully H. Seymour
THS:mec City Attorney
EROS.
cc - Margery Schrouder, City Clerk �
Mrs. Miriam C. Blaich
1319 East Balboa Blvd.
Balboa, California
January 18, 1965
Mr. John Blaich
2555 Crestview Drive
Newport Beach, California
Dear Mr. Blaich:
Attached for your examination are the four copies of the Boundary
Agreement between the City of Newport Beach and your mother,
Mrs. Miriam Blaich. It is my understanding that you wish to
review this Agreement before your mother signs it.
The four copies that are being transmitted herewith have been
signed by the Mayor, Paul J. Gruber, and by the City Attorney,
Tully Seymour. They are the four copies which are to be executed
and sent to the State Lands Commission. After your mother has
signed them before a Notary, I will sign them and they will be
forwarded to the State Lands Commission.
Very truly yours,
Margery Schrouder
City Clerk
City of Newport Beach
MS:mew
enclosures
CITY OF NEWPORT BEACH
CITY ATTORNEY
DEPARTMENT
To: City Clerk
From: City Attorney
January 8, 1965
.4.1
Subject: Boundary Agreement re property of Miriam Blaich
c -1 �/-F
Transmitted are five copies of proposed boundary agreement between
the City, Miriam Blaich, and the State of California, together
with a copy of the letter of transmittal thereof from the State
Lands Cammission dated November 16, 1964. The attached resolution,
if adopted by the City Council, will authorize execution of the
agreement on behalf of the City.
This agreement would establish the boundary line between tidelands
and uplands owned by Mrs. Blaich along the continuation of the
line established for the property lying between her property and
F Street by Superior Court case No. 46423, as more fully discussed
in our memorandum to the City Council of August 20, 1964.
Following adoption of the resolution and execution of the agree-
ment by the City, it is requested that you also have the required
four copies executed by Mrs. Blaich. Thereafter, please transmit
them to us for submission to the State Lands Commission.
THS:mec
Encs.
cc - Acting City Manager
Public Works Director
Tu1H. SeyagAir
City Attorney
0
State Lands Division
V. B. Davidson, Senior
D"artment of Finance
305 State Building
Los Angelea, California
Gentlsment
August 21, 1964
Civil angineer
90012
By Statutes of 1929 page 1704, Chapter $139 t!e tidelands sub -
'serged lands, and filled lands lying within the corporate iwts
of the City of import Beach and bordering upon, in, and under
the Pacific Ocean below the line of s�ean 6iah tide were granted
to the City of Newport Beach. Along most of the area, the line
of ordinary high tide has not been established to fix the bound-
ary between uplands and tidelands. In one area of the City
particularly at F Street on Balboa Peninsula the line has "
established. In Superior Court case No. 46413 it was established
as to 133 feet of property at 202.4zfeet southerly of and parallel
to Balboa Boulevard. Two copies of a map showing the location of
this parcel on which the line was established are enclosed.
Mrs. Miriam Blaich owns 45 feet of property immediately adjacent
to the parcel on which the line was fixed by Superior Court case
No. 46423, which consists of 33 feet of Lot 9 aad 10 feet of Lot
S of Block 22, Lastside Addition to the Balboa Tract, Mr. John
Slaiah, on behalf of his mother Mrs. Miriam Blaich, has requested
that consideration be given to establishing the line between his
mother's property and the tidelands owned by the City in trust.
We have prepared and are also enclos a proposed paragraph for
an a t to establish this line mhich contains a description
of the line.
It is requested that this matter be examined and that you indicate
whether this line and a contract to establish it would be acceppt-
able to the Division in order that we may proceed if the sass io
acceptable to the City Council, the Commission, and Mrs. Blaich.
Very truly yours,
WWC:msc Waiter W. Charm=
Baas. City Attoeey
cc - City Manager
City Clerk
Pubic Works Director
Mr. John A. Blaich
• 8/21/64 (6)
0
NM, THUZFMX9 in order to locate, describe and
permanently establish the true and correct boundary line betwasn
the uplands owed by Blaich and the tidelands of the Pacific
Ocean, it is agreed between the State, the City and Blaich that
said boundary line shall be as follows:
A line parallel with and distant 202.42 feet south -
westerly from the northeasterly line of Lots 8 and
9 in Block 229 as shown an a enp of Eastsids Addition
to Balboa Tract, recorded in Miscellaneous flaps Book
49 page 20, records of Orange Canty, California,
and between the southwesterly prolongation of a line
parallel with and ton (10) fat northwesterly of the
southeasterly line of said Lot 8 and the southwest-
erly prolongation of a line parallel with and thirty -
five (33) feet southeasterly of the southeasterly
line of said Lot S.
o,
� o sa
IN fi
hAr
/ \
cl,
o (�
1 Cr
4
p
1
r Q� IN -
0
��� �l k� � o ��� � � �• � \fib ..