HomeMy WebLinkAboutC-2728 - Settlement & Boundary Line Agreement, Oxbow LoopDY TF!' + ITY COUNCIL
CITY Or NEWPORT BEACH
HO-
MEMORANDUM
JAN Sim OFFICE OF THE CITY ATTORNEY
— - I D-- r ` >. 7 -�-
January 9, 1989
TO: Honorable Mayor and Members of the City Council
FROM: Carol A. Korade, Assistant City Attorney and
Robert J. Dixon, Utilities Director
RE: Settlement and Boundary Line Agreement Pertaining. to
Northern Boundary of oxbow Loop
Recommended Action: If desired, authorize the execution
of the Settlement and Boundary Line Agreement pertaining to the
northern boundary of Oxbow Loop.
Background: The waters of Oxbow Loop are tidelands. The
City of Newport Beach administers the tidelands within its
jurisdiction as Trustee for the State of California. The land
owner of the private property on the north side of Oxbow Loop has,
from time to time, contended that the boundary of its property
extends "as far as the beach" due to the fact that the waters in
Oxbow Loop have meandered over time. In 1986, the current
landowner, Mobil Oil Corporation and Rancho Santiago Partnership,
approached the State Lands Commission in an attempt to fix the
boundary of its property commonly known as "the private lands ".
The State Lands Commission asked the City of Newport Beach, as
Trustee, to participate in the discussions.
After two years of negotiations, an agreement has been
proposed that will set the boundary as shown on the attached map.
Principal negotiations were conducted by the State Attorney
General's Office on behalf of the State. City staff has
participated in these negotiations in order to preserve the City's
rights and has reviewed all documents and proposals. This
Settlement and Boundary Line Agreement, if approved by the City
Council, will:
(1) Fix the northern boundary of Oxbow Loop as shown on the
attachment; and
(2) Grant express rights needed to operate the City's tideland
oil field to the City. These rights consist of easements
to convey the oil from the oil wells to the tank farm and
are presently only implied. The Agreement memorializes
these easements.
This Agreement was approved by the State Lands Commission,
subject to review and approval by the City of Newport Beach, on
Nev
0 4
Honorable Mayor and Members of the City Council
January 9, 1989
Page -2-
December 13, 1988. In addition, they have obtained a litigation
guarantee securing the City's and State's title and easement
interests.
Respectfully Submitted,
Robert J. one
Utilities Director
RJD
CAK /mll
,j a&", 1,
CaiF'oT A. Korade
Assistant City Attorney
First American Title Insurance Company
114 EAST FIFTH STREET SANTA ANA, cALEF6RN1A 92701 17141 558 -3211
DONALD B. DAVIDSON
Senior Civil Engineer
Tidelands and Waterways
November 14, 1989
Mr. Howard Coleman
Law Offices
Nossaman, Guthner, Knox & Elliott
445 South Figueroa Street
Los Angeles, California 90071 -1602
SUBJECT: OXBOW LOOP
Dear Howard:
hatEIYE® C
CITY ATT
NOV! 01989 r
CITY OF
NEWPORT BEACH
X. CALIF.
I P� Dol
Enclosed is one copy of the executed and recorded Settlement &
Boundary Line Agreement (BLA No. 260) as requested.
Truly yours,
cr"_'
Donald B. Davidson
Senior Civil Engineer
DBD:kb
enclosure
0 89- 466419
EXEMPT ORIGINAL
C19
SETTLEMENT AND BOUNDARY LINE AGREEMENT
STATE AND CITY DEEDS _ CORPORATION DEED
REGARDING CERT "LANDS IN THE
COUNTY OF 0 E, CALIFORNIA
BLA. NO. 2L D
THIS SETTLEMENT AND BOUNDARY LINE AGREEMENT, STATE AND
CITY DEEDS AND CORPORATION DEED (hereinafter collectively
referred to as the "Boundary Agreement ") is made and entered into
as of the aU2�t day of i;e-P-6 • , 1989, by and among:
THE STATE-OF CALIFORNIA
acting by and through the State Lands Commission
(hereinafter referred to as "the State");
ITHE CITY OF NEWPORT BEACH, as trustee
and individually
M (hereinafter referred to as "the City ");
and
\0
MOBIL OIL CORPORATION
t� a corporation Organized under the laws
of Delaware
\ and
RANCHO SANTIAGO PARTNERSHIP,
a general partnership organized under the laws
. of California
(hereinafter Mobil and Rancho are collectively
referred to as "Landowner ")
W I T N E S S E T H:
WHEREAS, Landowner is the record owner of a portion of
Rancho Santiago de Santa Ana (hereinafter referred to as
"Rancho"), the confirmatory Patent of which was issued by
the United States, dated December 21, 1883, and recorded in Book
1.
00- 466419
3, Page 387 of Patents, in the Official Records of the County of
Los Angeles (hereinafter referred to as the "Patent"); and
WHEREAS, that portion of the Rancho to which Landowner
appears as the record owner includes those lands hereinafter
referred to as the "Private Lands", described in Exhibit "A" and
depicted on Exhibit "B", attached hereto and incorporated herein
by this reference, and those lands southerly of the Private Lands
extending to the centerline of Oxbow Loop (hereinafter referred
to as "Oxbow Loop"; Oxbow Loop is described in Exhibit "CO and
depicted on Exhibit "D", attached hereto and incorporated herein
by this reference); and
WHEREAS, Landowner claims that the southerly boundary of
the Rancho with respect to its lands extended along the seacoast
on the basis (i) that the order to place the original private
owner in possession by Governor Arillaga, dated July 1, 1810, was
based on an official report, dated September 11, 1801, which
described the southerly boundary "as far as the Beach", (ii) that
the Mexican Diseno of the Rancho, dated approximately 1839,
reflected that the Rancho boundary extended to the "Playa", (iii)
that the southerly survey line described in the Patent is not a
boundary line, but rather is a meander line, and (iv) that since
the Patent was issued for the purpose of confirming the 1810
Spanish Grant, the southerly survey line reflected in the Patent,
which appears to be based upon Oxbow Loop, could not serve as a
boundary line as Oxbow Loop did not physically exist on or prior
to 1810; and
2.
0 89- 466419
WHEREAS, alternatively, Landowner claims that in the
event that the southerly boundary of the Rancho, with respect to
the Private Lands, is not the seacoast, then the southerly
boundary is either (i) the southerly bank of Oxbow Loop as the
Rancho was intended to convey such area to the private claimant
or (ii) the centerline of Oxbow Loop as described in and based
upon that Interlocutory Decree in Partition in Banning. Jr. vs.
Smith, et. al., Superior Court in and for the County of Orange,
No. 22792, wherein the court found that the defendant City had
not and did not have, on or before July 8, 1927, any right, title
or interest in the lands landward of the centerline of Oxbow
Loop; and
WHEREAS, the State of California acquired title to the
tidelands and submerged lands within its boundaries by virtue of
its sovereignty upon its admission to the Union;
and
WHEREAS, by Chapter 74 of the Statutes of 1978, the
State granted to the City of Newport Beach all of its right,
title and interest in and to all of the State's tide and
submerged lands which were within the boundaries of the City
on July 25, 1919, upon certain trusts and conditions, and
repealed earlier trust grants to the City contained in Chapter
494 of the Statutes of 1919, Chapter 70 of the Statutes of 1927
and Chapter 813 of the Statutes of 1929; and
WHEREAS, the City and State claim that all of Oxbow Loop
consists of sovereign tide and submerged lands, that such lands
were physically tide and submerged lands in 1850 when California
3.
l
9
89- 466419
was admitted into the Union and were never included within any
confirmed Spanish or Mexican rancho grant, the southern boundary
of the Landowner's rancho having been described in the
confirmatory patent as meandering the north bank of Oxbow Loop;
and
WHEREAS, the City and State claim that the portion of
Oxbow Loop, being sovereign tide and submerged lands, which is
within the tidelands trust grant to the City is, as such, held
by the City, in trust for the public, impressed with the public
trust for commerce, navigation and fishery; and that the portion
of Oxbow Loop, which is located outside the City, in the County
of Orange, remains sovereign tide and submerged lands owned by
the State.
WHEREAS, a bonafide dispute has thus arisen between the
City and the State, on one hand, and Landowner, on the other,
concerning their respective rights and interests in Oxbow Loop
and adjacent lands; and
WHEREAS, negotiations have been conducted among
representatives of Landowner, the State Lands Commission, the
Office of the California Attorney General and the City concerning
resolution of the above- described title and boundary dispute; and
WHEREAS, the State, City and Landowner consider it
expedient and necessary, and in the best interests of the State,
the City, the public and Landowner to determine, describe and
permanently fix the interests of the State, the City and
Landowner in Oxbow Loop and the adjacent Private Lands by
locating the boundary along the northerly bank of Oxbow Loop in
4.
i • • 89- 46641.9
its last natural condition, thereby forever setting at rest any
and all questions relating to the parties' rights, title and
interests herein; and
WHEREAS, uncertainties exist in reestablishing the
nature, extent and boundary of the northerly bank of Oxbow Loop
in its last natural condition due to the quality and availability
of maps, surveys and other records relating to the area; and
WHEREAS, the natural topography of the area has been
substantially affected by artificial processes such as extensive
reclamation, the installment of devices to control and regulate
the water flow into Oxbow Loop, and the dredging, filling and
development of various lands in the area, and consequently it is
difficult to distinguish between natural and artificial changes
in the area; and
WHEREAS, the State Lands Commission, the City, the
Office of the Attorney General of the State of California and
Landowner have made a study of the ordinary high - water mark
affected by this Agreement and have found and determined that the
line to be agreed upon is a reasonable and best good faith fixing
of the ordinary high - water mark in the last natural condition of
the area along the northerly bank of Oxbow Loop, said line being
described in Exhibit "E" and depicted on Exhibit "D", attached
hereto and incorporated herein by this reference; and
WHEREAS, the State, the City and Landowner agree that
the line to be agreed upon, as described in Exhibit "E" attached
hereto, constitutes the southerly boundary of the Rancho Santiago
de Santa Ana with respect to the Private Lands; and
5.
• • 69- 466419
WHEREAS, the State and City have found and determined
that the Private Lands were lands other than swamp and overflowed
lands and sovereign tide and submerged lands, except, however,
that the area within the Private Lands described in Exhibit "F"
and depicted on Exhibit "G", attached hereto and incorporated
herein by this reference (hereinafter referred to as the
"Bohn -Mack Slough "), is subject to those easements and rights
reserved and excepted by the State and City and acknowledged by
Landowner in paragraph 2(A) of this Agreement; and
WHEREAS, it is in the parties' interest and they
mutually desire to permanently fix and establish by Agreement,
the location of the ordinary high -water mark in its last natural
condition along the northerly bank of Oxbow Loop; and
WHEREAS, upon the execution and recordation of this
Agreement in the Official Records of the County of Orange (i) the
southerly Rancho Santiago Boundary with respect to the Private
Lands will thereby have been established, (ii) the State will
thereby have quitclaimed to Landowner all of its right, title and
interest held by virtue of its sovereignty or owned or held under
the jurisdiction of the State Lands Commission as swamp and
overflowed lands in and to the Private Lands, except those
easements and rights reserved and excepted in paragraph 2(B) of
this Agreement, (iii) the City will thereby have quitclaimed to
Landowner all of its right, title and interest held by virtue of
Chapter 74, Statutes of 1978, in and to the Private Lands, except
those easements and rights reserved and excepted in paragraph
2(C) of this Agreement, and (iv) Landowner will thereby have
6.
r � •
now=
quitclaimed to the City and State all of its right, title and
interest in and to Oxbow Loop and will have acknowledged those
easements and rights described in paragraphs 2(B) and 2(C) of
this Agreement; and
WHEREAS, the State Lands Commission, the City and
Landowner have agreed herein to settle and determine their
respective claims pursuant to the laws of the State and City,
including but not limited to Section 6357 of the Public Resources
Code; and
WHEREAS, the State Lands Commission has authorized
execution and delivery of this Agreement at its public meeting in
Sacramento, California, on December 13, 1988, Calendar Item
No. 62, and the City Council of the City has authorized
execution and delivery of this Agreement at its Public Meeting in
the City on January 9, 1989.
NOW, THEREFORE, for and in consideration of the
foregoing and the mutual covenants and agreements herein
contained or provided for, and other consideration, the receipt
and adequacy of which are hereby acknowledged, the parties hereto
agree as follows:
1. Boundarv.
A. The ordinary high - water mark in its last
natural condition along the northerly bank of Oxbow Loop is
hereby set and established as a fixed and certain boundary line
between the upland Private Lands and the tide and submerged lands
of Oxbow Loop according to the courses and distances set forth in
Exhibit "E" and depicted on Exhibit °D°, attached hereto and
7.
0 0 89- 466419
incorporated herein by this reference, and shall not move by
reason of accretion, reliction, avulsion, erosion or by any other
natural or artificial causes or events.
B. It is further agreed that the Southerly
boundary of the Rancho with respect to the Private Lands is as
set forth in Exhibit "E" and depicted on Exhibit OW, attached
hereto and incorporated herein by this reference.
C. It is further agreed that this Agreement does
not affect, change, alter, move or modify, in any manner
whatsoever, the boundary of the City of Newport Beach.
2. Ouitclaims. To implement the Agreement set forth
above in paragraph 1 hereof:
A. Corporation Deed. Subject to paragraph 3
hereof, Landowner does hereby remise, release and forever
quitclaim all of its right, title and interest in and to Oxbow
Loop, (as described in Exhibit "C" and depicted on Exhibit "D ",
attached hereto and incorporated herein by this reference)
including all mineral interests within said Oxbow Loop, and
expressly including those interests within said Oxbow Loop
retained by Landowner under that lease described in paragraph 8
of Exhibit "I" hereto: (1) as to that portion of Oxbow Loop
within the boundaries of the City of Newport Beach, to the City
of Newport Beach, as trustee of the State of California in
accordance with the provisions of Chapter 74, Statutes of 1978,
excepting therefrom all those rights and interests retained and
reserved by the State of California by virtue of Chapter 74, and
to the State of California to the same extent and upon the same
8.
89- 466419
tenure as the State of California holds all of said rights and
interests retained and reserved by the State of California by
virtue of Chapter 74, Statutes of 1978; and (2) as to that
portion of Oxbow Loop located outside the City of Newport Beach
within the County of Orange, to the State of California, as
trustee of sovereign tide and submerged lands. Further,
Landowner acknowledges those easements and rights described in
paragraphs 2(B) and 2(C) below.
B. State Deed. Subject to paragraph 3 hereof, the
State of California does hereby remise, release and forever
quitclaim to Landowner all of the right, title and interest the
State of California owned or held by virtue of its sovereignty or
owned or held by the State under the jurisdiction of the State
Lands Commission as swamp and overflowed lands in and to the
Private Lands (as described in Exhibit "A" and depicted on
Exhibit "EN, attached hereto and incorporated herein by this
reference); excepting and reserving to the State any easement
arising by virtue of the decision set forth in Bohn vs. Albertson
(1951) 107 Cal.App.2d 738 and People ex rel. Baker vs. Mack
(1971) 19 Cal.App.3d 1040, with respect to the Bohn -Mack Slough
(as described in Exhibit "F" and depicted on Exhibit "G",
attached hereto and incorporated herein by this reference), and
excepting and reserving to the State as its respective interests
may appear of record those easements described in Exhibit °H",
attached hereto and incorporated herein by this reference, and
those unrecorded easements arising by virtue of use regarding
utility, highway or similar uses, it being agreed and understood
9.
* 89- 466419
that the reference to unrecorded easements in this Agreement
shall not operate to bring;,back into existence, reactivate,
legitimize or otherwise validate any easement which was not a
valid and enforceable easement as of the date this Agreement is
recorded in the Official Records of the County of Orange. The
State of California, only with respect to lands under the
jurisdiction of the State Lands Commission, represents that it
knows of no additional interest that it might have in or with
respect to the Private Lands.
C. City Deed. Subject to paragraph 3 hereof, the City
of Newport Beach does hereby remise, release and forever
quitclaim to the Landowner all of its right, title and interest
owned or held as trustee by virtue of Chapter 74, Statutes of
1978, the state tidelands trust grant to the City of Newport
Beach, in and to the Private Lands (as described in Exhibit "A"
and depicted on Exhibit "B", attached hereto and incorporated
herein by this reference), excepting and reserving to the City as
its respective interests may appear of record those easements
described in Exhibit "H°, attached hereto and incorporated herein
by this reference, and those unrecorded easements arising by
virtue of use regarding utility, highway or similar uses, it
being agreed and understood that the reference to unrecorded
easements in this Agreement shall not operate to bring back into
existence, reactivate, legitimize or otherwise validate any
easement which was not a valid and enforceable easement as of the
date this Agreement is recorded in the Official Records of the
County of Orange.
10.
89- 466419
3. Oil and Gas Operations. The parties hereto
hereby agree that the instruments and other documents set
forth on Exhibit "I", attached hereto and incorporated herein by
this reference, continue to be in full force and effect and that
such instruments and documents are not modified, amended,
supplemented or otherwise affected by this Agreement nor the
conveyances provided for in this Agreement.
4. Certificate of Acceptance and Consent.
A. The City as trustee by virtue of and
subject to the provisions of Chapter 74, Statutes of 1976, hereby
accepts the Corporation Deed as provided for in paragraph 2(A)
hereof as sovereign tide and submerged lands, and consents to the
recordation thereof, as is fully set forth in Exhibit "J" hereto.
B. The State hereby accepts the Corporation Deed
as provided for in paragraph 2(A) hereof as sovereign tide and
submerged lands, and consents to the recordation thereof, as is
fully set forth in Exhibit °R" hereto.
5. Effectiveness. This Agreement shall become
binding, effective and considered delivered upon being duly
recorded in the Official Records of the County of Orange.
6. Successors and Assigns. The terms, provisions and
conditions hereof shall be binding upon and inure to the benefit
of the parties hereto and their respective heirs, administrators,
executors, successors and assigns.
7. Gender. As used herein, whenever the context so
requires, the neuter gender includes the masculine and feminine,
and the singular includes the plural, and vice versa. Defined
11.
• 89- 466419
terms are to have their defined meaning regardless of their
grammatical form, number or tense of such terms.
8. Separate Counterparts. This Agreement may be
executed in any number of counterparts and each executed
Counterpart shall have the same force and effect as an original
and as if all of the parties to the aggregate counterparts had
signed the same instrument. Any signature page of this Agreement
may be detached from any counterpart of this Agreement without
impairing any signatures thereon, and may be attached to another
counterpart of this Agreement identical in form hereto but having
attached to it one or more additional signature pages. In the
execution of this Agreement each party hereto shall furnish such
acknowledgments and certifications as may be necessary to duly
record, in the Office of the County Recorder, its execution
hereof.
9. Exemptions. This Agreement and all actions required
to effectuate this Agreement are exempt from the provisions of
the Subdivision Map Act (Gov. Code, Section 66412(e)), the
California Coastal Act (Pub. Resources Code, Section 30416(c))
and the California Environmental Quality Act (Pub. Resources
Code, Section 21080.11)).
10. Further Assurances. Each of the parties hereto
will do such further acts and execute, acknowledge and deliver
all further documents and instruments as may be necessary or
appropriate to effectuate fully the provisions of this Agreement
and to assure any other party all of the respective properties,
12.
•
0 89-466419
rights, titles, interests, remedies, powers and privileges to be
conveyed or provided for herein.
11. Settlement A reemen , This Agreement is solely for
the purpose of settling the above described title dispute and
does not operate, by implication or otherwise, to satisfy or
affect th
e mitigation, regulatory requirements or jurisdiction of
any public agency or body.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE executed
this Agreement as of the day and year first above written.
89- 466419
STATE OF CALIFORNIA )
{ 88
COUNTY OF SACRAMEN7O�) /
On this -�q- day of
before me, the undersigned, a Notary Public in and for the State Cali rniy, wit rind! al
office in the County of Sacramento, personally appeared ()1 � J 1 k�
personally known to me
(or proved to me on the basis o(4atisfactorypyidence) to be hepecson wh�q executed this
Instrument as , S l �77j/1�'f Pei k TI U� I)i f t C e@i
of the STATELANDS COMMISSION, STATE OF CALIFORNIA, the Commission that
executed the within instrument, known to be the person who executed the within instrument,
on behalf of the Commission there named, and acknowledged to me that such Commission
executed the within instrument pursuant to a resolution of its Commissioners.
WITNESS my hand and official seal.
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OMYCO NOTARY PUBLIC — COUNiY OF SACRAMENTO
U U U' I lf((1111 gpIIII Feb. 2811111U2
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NOTARY PUBLIC IN AND FOR THE
STATE OF CALIFORNIA
Form 13,3211/881
ATTEST:
City Clerk
• 0 89-466419
CITY OF NEWPORT BEACH, a
Municipal"rporation
By: /
Approved as to Form:
City - Attorney
MOBIL OIL CORPORATION
BY:
RANCHO SANTIAGO PARTNERSHIP
By:
By:
App rov d as to / Ormo
/
By:
/// aow��-
o and D. Coleman
Nossaman, Guthner,
Knox & Elliott
14.
0 089-466419
Ass to t Secretary
STATE OF COLORADO)
) SS:
COUNTY OF DENVER )
MOBIL OIL CORPORATION
Bx
1, Attorney in Fact
By:
,, p Attorney in Fact
On April 12 . 1989, before me, the undersigned, a Notary Public in and
for said County and State, personally appeared C. E. Reny and
P. L. Caldwell, Jr. , known to me to be the persons whose names are
subscribed to the within instrument and acknowledged to me that they executed
same in their capacity of attorneys in fact of MOBIL OIL CORPORATION.
Witness my hand and official seal.
My Commission Expires: �ol Mglr�f.�il1%1
Notary Public in and for said
County and State
•
ATTEST:
y a I r, Nve Pres Men t
•
RANCH PARTN IP
By: /
. rmstrona. res en
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
89- 466419
Armstrong Petroleum Corporation
Managing Partner
On May 17, 1969, before me, the undersigned, a Notary Public
In and for said State, personally appeared R.A. Armstrong
personally known to me or proved to me on the basis of
satisfactory evidence to be the person who executed the within
instrument as the President of Armstrong Petroleum Corporation,
the corporation that executed the within instrument on behalf
of Rancho Santiago Partnership, the partnership that executed
the within instrument, and acknowledged to me that such
corporation executed the same as such partner and that such
partnership executed the same.
WITNESS my hand and official seal.
w k�
.W. An erson
M AL ON FORNIA TY 5.1909
(This area for official seal)
•
I, GEORGE DEUIQSEJIAN,
Governor of the State of California, have
the seal of the State of California to be
pursuant to Section 6107 of the Public Rei
State of California. Given unde ;my hand Sacramento, this, the ,[day of thousand nine hundred and eight
Governor
ATTEST:
a A
Secretary of State
By:
Deputy Secretary of State
15.
89-466419
set my hand and caused
hereunto affixed
sources Code of the
at the City of
in the year one
89- 466419
SEHIBITS
Exhibit
"A"
- Legal description of Private Lands
Exhibit
"B"
- Map depicting Private Lands
Exhibit
"C"
- Legal description of Oxbow Loop
Exhibit
"D"
- Map depicting Oxbow Loop and Agreed Boundary
Line
Exhibit
"E"
- Legal description of Agreed Boundary Line
Exhibit
"F"
- Legal description of Bohn -Mack Slough
Exhibit
"G"
- Map depicting Bohn -Mack Slough
Exhibit
"H"
- List of Easements
Exhibit
"I"
- Oil and Gas Documents
89- 466419
EXHIBIT "A"
DESCRIPTION OF PRIVATE LANDS
BEGINNING at a point in the easterly line of that certain
parcel of land described as Parcel D3 -122.1 granted to the
Orange County Flood Control District by Final Order of
Condemnation recorded January 30, 1962 in Book 5993, Page
441 of Official Records, in the Office of the County
Recorder of said Orange County; said point being distant
North 360 12' 58" East, 53.00 feet from the southwesterly
terminus of that certain course shown as being "North 36
12' 58" East, 211.39 feet" on that map sheet 3 of 6 filed in
Book 65, Pages 31 through 36 of Record of Surveys in the
Office of said County Recorder; thence South 80 29' 00"
East, 102.75 feet; thence South 89* 50' 00 East, 103.20
feet; thence South 83" 42' 00" East, 70.70 feet; thence
South 58* 21' 00" East, 31.40 feet thence South 71" 10' 00"
East, 100.30 feet; thence South 86 39' 00" East, 40.60 feet
to a point distant South 170 01' 20" West, 2.41 feet from
the 4" x 4" concrete monument with a nail and tag marked
"R.E. 4683" shown at the westerly terminus of that certain
course on the City of Newport Beach boundary shown as "South
68" 22' 45" East, 756.00 feet" on said Record of Survey; "
thence South 65 04' 00" East, 60.90 feet; thence South 73
11' 00" East, 200.00 feet; thence South 69* 14' 00" East,
78.90 feet; thence South 75a 27' 00" East, 17.50 feet; "
thence South 71 00' 00" East, 100.85 feeti thence South 66
03' 00" East, 100.10 feet; thence South 56 55' 0" East,
100.70 feet; thence South 63* 42' 00" East, 99.10 feet;
thence South 71 15' 00" East, 104.50 feet thence South 70"
54' 00" East, 100.60 feet; thence North 84 24' 00" East,
26.10 feet; thence North 86* 43' 00" East, 91.20 feet;
thence North 75 25' 00" East, 100.20 feeti thence North 520
00' 00" East, 106.70 feet; thence North 69 07' 00" East,
17.50 feet; thence North 410 20' 00" East, 90.60 feet;
thence North 29 22' 00" East, 112.50 feet; thence North 17"
30' 00" East, 91.20 feet; thence North il" 50' 00" East,
100.55 feet; thence North 150 57' 00" East, 100.05 feet;
thence North 220 52' 00" East, 100.40 feet; thence North 39*
22' 00" East, 84.50 feet; thence North 430 53' 00" East,
100.90 feet; thence North 61 31' 00" East, 100.20 feet; "
thence North 66 47' 00" East, 101.10 feet; thence North 55
40' 00" East, at 18.42 feet right bank of side slough, at
139.42 feet left bank of slough, 148.70 feet to station; "
thence South 51 40' 00" East, 136.80 feeti thence South 50
12' 00" East, 104.70 feet; thence South 31 42' 00" East,
89.50 feet; thence South 34 0 15' 00" East, 100.30 feet
thence South 30" 08' 00" East, 100.00 feet thence South 28"
18' 00" East, 100.00 feet; thence South 28 04' 00" East,
089-4664119
63.00 feet; thence South 260 44' 00" East, 146.00 feet;
thence South 27* 00' 00 ", 84.00 feet; thence South 20* 26'
00" East, 100.10 feet; thence South 24* 50' 00" East, 100.00
feet; thence South 8* 00' 00" East, 100.00 feet; thence
South 2* 00' 00" East, 100.50 feet; thence South 9* 12' 00"
East, 77.00 feet; thence South 3" 03' 00" West, 21.00 feeti
thence South 11" 26' 00" West, 100.60 feet thence South 2
52' 00" West, 102.90 feet; thence South 19 14' 00" East,
104.40 feet; thence South 3� 07' 00" East, 100.00 feet;
thence South 5* 09' 00" West, 101.00 feet thence South 5*
07' 00" East, 200.20 feet; thence South 2 00' 00" West,
60.00 feet;
THENCE, South 01 degrees 55' 00" East a distance of 614.37
feet to the Northerly line of the 100 foot Right -of -Way of
the California State Highway, as described in deed recorded
April 20, 1936 in Book 822, page 48 of Official Records;
THENCE, along the northerly and northeasterly boundary of
said California State Highway, the following courses and
distances: Easterly along a curve concave to the northeast
and having a radius of 950.00 feet, a distance of 98.77 feet;
THENCE, South 83 degrees 18' East, tangent to said curve, a
distance of 646.66 feet to the beginning of a curve to the
right,
THENCE, Southeasterly along a curve to the southwest and
having a radius of 1050.00 feet, and tangent to the last
mentioned course, a distance of 318.26 feet;
THENCE, South 65 degrees 56' East, tangent to said curve, a
distance of 667.15 feet to the beginning of a curve to the
right;
THENCE, Southeasterly along a curve concave to the southwest
and having a radius of 1050.00 feet, and tangent to the last
mentioned course, a distance of 216.09 feet;
THENCE, South 54 degrees 10' 15" East a distance of 96.89
feet to a point;
THENCE, North 00 degrees 38' 10" West a distance of 740.00
feet;
THENCE, South 63 degrees 11' 12" East a distance of 112.69
feet;
2.
ut/-rr 99eo
• 0 89-466419
THENCE, North 00 degrees 38' 10" West a distance of 734.80
feet;
THENCE, North 77 degrees 45' 00" East a distance of 1110.64
feet to the southwesterly boundary line of First Addition to
Newport Mesa Tract as shown on map recorded in Book 8, Page
61 of Miscellaneous Maps, Records of Orange County,
California;
THENCE, North 29 degrees 26' 43" West a distance of 1737.99
feet to the intersection of the centerline of Sixteenth
Street with the southwesterly boundary line of First
Addition of Newport Mesa Tract and easterly corner of the
boundary of that certain parcel described in the Final Order
of Condemnation rendered August 4, 1965 in the Superior
Court of the State of California, in and for the County of
Orange, entitled Costa Mesa Union School District of Orange
County, California vs. Security First National Bank, etc.,
and others (Case No. 123141), a certified copy of which
order was recorded August 51 1965 in Book 7620, Page 215 of
Official Records;
THENCE, along the boundary of said parcel the following
courses and distances:
South 89 degrees 21' 50 West 16.50 feet to the beginning of
a tangent curve concave southerly and having a radius of
500.00 feet; THENCE, westerly along said curve through an
angle of 28 degrees 48' 33 ", a distance of 251.41 feet to a
line tangent; THENCE, South 60 degrees 33' 17" West along
said line tangent, a distance of 404.60 feet; THENCE, North
29 degrees 26' 43" West 804.50 feet; THENCE, North 60
degrees 33' 17" East 300.00 feet; THENCE, South 88 degrees
48' 26" East 316.57 feet to a point on a curve concave
southeasterly and having a radius of 50.00 feet, a radial
line from said point bears North 89 degrees 21' 50" East;
THENCE, northerly along said curve, through an angle of 44
degrees 24' 55 ", a distance of 38.76 feet to the beginning
of a tangent curve concave westerly and having a radius of
90.00 feet; THENCE, northerly along said curve, through an
angle of 44 degrees 24' 55 ", a distance of 69.77 feet to a
line tangent; THENCE, North 0 degrees 38' 10" West along
said line tangent a distance of 11.12 feet to the said
southerly boundary line of First Addition to Newport Mesa
Tract;
THENCE, Continuing along the boundary line of the First
Addition of Newport Mesa Tract, North 29 degrees 26' 43"
West a distance of 2585.59 feet;
3.
LA1/7998D
Ll
THENCE, North 19 degrees
to the north line of th e
said tract filed in the
vs. Mary H. Banning, fo
the Register of Actions
County, California;
L
00' 34" East a distance of 1065.55
Banning Tract, as shown on a map of
case of Hancock Banning and others
r partition, being Case No. 6385 upon
of the Superior Court of Los Angeles
THENCE, South 89 degrees 23' 38" West a distance of 2784.00
feet to the easterly boundary of that certain strip of land,
of uniform width of 180 feet, acquired by the Orange County
Flood Control District by Deed recorded August 25, 1960 in
Book 5369, Page 304 of Official Records of Orange County,
lying southeasterly of and adjacent to the easterly line of
the Santa Ana River Right of Way, 300 feet in width, as
shown on a map filed in Book 12, Page 25 of Records of
Surveys in the Office of the County Recorder of Orange
County, California.
THENCE, South 13 degrees 22' 04" West a distance of 3038.83
feet to the northerly and northeasterly boundary described
in that certain condemnation action by the City of Newport
Beach, a Municipal Corporation, Plaintiff, vs. Townsend Land
Company and others, Defendants, Case No. 34747 of the
Superior Court of the State of California in and for Orange
County, California, a certified copy of the Final Judgment
having been recorded August 20, 1937 in Book 910, Page 19 of
Official Records.
THENCE, South 76 degrees 37' 56" East a distance of 480.00
feet;
THENCE, South 13 degrees 22' 04" West a distance of 660.00
feet;
THENCE, North 76 degrees 37' 56" West a distance of 480.00
feet;
THENCE, South 13 degrees 22' 04" West a distance of 692.37
feet;
THENCE, South 36 degrees 12' 58" West a distance of 158.39
feet to the TRUE POINT OF BEGINNING.
4.
U1/7998D
0 0 89- 466419
EXHIBIT "C"
DESCRIPTION OF OXBOW LOOP
A parcel of land in the City of Newport Beach, Orange
County, California, being a portion of the bed of the
Santa Ana River described as follows:
Bounded on the westerly end by the easterly line of
that certain parcel of land described as Parcel
D3 -122.1 granted to the Orange County Flood Control
District by Final Order of Condemnation recorded
January 30, 1962 in Book 5993, Page 441 of Official
Records in the office of the Recorder of Orange
County, said line having a bearing and distance of N
36° 12' 58" E, 211.39 feet as shown on that map, sheet
3 of 6 sheets, filed in Book 65, Pages 31 through 36
of Record of Surveys in the office of said County
Recorder;
Bounded on the southerly side by the ordinary high
water mark on the right bank of the Santa Ana River;
Bounded on the easterly end by the northerly
right -of -way line of State Highway 101 -A, shown on
said Record of Survey, and the westerly prolongation
thereof;
Bounded on the northerly side by the following
1.
• • 89- 466419
described line:
BEGINNING at a point in the easterly line of that certain
parcel of land described as Parcel D3 -122.1 granted to the
Orange County Flood Control District by Final Order of
Condemnation recorded January 30, 1962 in Book 5993, Page
441 of Official Records, in the office of the County
Recorder of said Orange County; said point being distant
North 36 012158" East, 53.00 feet from the southwesterly
terminus of that certain course shown as being "North 36"
12' 58" East, 211.39 feet" on that map sheet 3 of 6 filed
in Book 65, Pages 31 through 36 of Record of Surveys in
the office of said County Recorder; thence South 80" 29'
00" East, 102.75 feet; thence South 89 050100" East, 103.20
feet; thence South 83 °42'00" East, 70.70 feet; thence
South 58 021100" East, 31.40 feet; thence South 71 010'00"
East, 100.30 feet; thence South 86 039100" East, 40.60 feet
to a point distant South 17 001120" West, 2.41 feet from
the 4 "x4" concrete monument with a nail and tag marked "R.
E. 4683" shown at the westerly terminus of that certain
course on the City of Newport Beach boundary shown as
"South 68 "22145" East, 756.00 feet" on said Record of
Survey; thence South 65 004100" East, 60.90 feet; thence
South 73 911100" East, 200.00 feet; thence South 69 014'00"
East, 78.90 feet; thence South 75 027'00" East, 17.50 feet;
thence South 71 000100" East, 100.85 feet; thence South
66 003'00" East, 100.10 feet; thence South 56 055100" East
100.70 feet; thence South 63 042100" East, 99.10 feet;
2.
89- 466419
thence South 71 015100" East, 104.50 feet; thence South
70 054100" East, 100.60 feet; thence North 84 024'00" East,
26.10 feet; thence North 86 043100" East, 91.20 feet;
thence North 75 025100" East, 100.20 feet; thence North
52 000100" East, 106.70 feet; thence North 69 007100" East,
17.50 feet; thence North 41 020100" East, 90.60 feet;
thence North 29 022100" East, 112.50 feet; thence North
17 030100" East, 91.20 feet; thence North 11 050100" East,
100.55 feet; thence North 15 057'00" East, 100.05 feet;
thence North 22 052100" East, 100.40 feet; thence North
39 022100" East, 84.50 feet; thence North 43 053100" East,
100.90 feet; thence North 61 031100" East, 100.20 feet;
thence North 66 047100" East, 101.10 feet; thence North
55 040'00" East, at 18.42 feet right bank of side slough,
at 139.42 feet left bank of slough, 148.70 feet to
station; thence South 51 040100" East, 136.80 feet; thence
South 50 012100" East, 104.70 feet; thence South 31 042'00"
East, 89.50 feet; thence South 34 015100" East, 100.30
feet; thence South 30 °08100" East, 100.00 feet; thence
South 28 018100" East, 100.00 feet; thence South 28 904'00"
East, 63.00 feet; thence South 26 044100" East, 146.00
feet; thence South 27 °00100" East, 84.00 feet; thence
South 20 026100" East, 100.10 feet; thence South 24 050'00"
East, 100.00 feet; thence South 8 000100" East, 100.00
feet; thence South 2 °00100" East, 100.50 feet; thence
South 9 012'00" East, 77.00 feet; thence South 3 003'00"
West, 21.00 feet; thence South 11 026100" West, 100.60
3.
89- 466419
feet; thence South 2 052100" West, 102.90 feet; thence
South 19 °14100" East, 104.40 feet; thence South 3 007'00"
East, 100.00 feet; thence South 5 009100" West, 101.00
feet; thence South 5 °07100" East, 200.20 feet; thence
South 2 000100" West, 60.00 feet; thence South 1 055100"
East, 614.37 feet to a point on the northerly right -of -way
line of State Highway 101 -A shown on said Record of Survey
as being a curve concave northerly having a radius of
950.00 feet, an arc length of 209.66 feet and a central
angle of 12 °38'42 ", said point being distant along said
curve 98.77 feet westerly from the easterly terminus
thereof, a radial line from said point bears North
12 040110" East.
4.
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EXHIBIT "E"
DESCRIPTION OF AGREED BOUNDARY LINE
BEGINNING at a point in the easterly line of that certain
parcel of land described as Parcel D3 -122.1 granted to the
Orange County Flood Control District by Final Order of
Condemnation recorded January 30, 1962 in Book 5993, Page
441 of Official Records, in the office of the County
Recorder of said Orange County; said point being distant
North 36" 12' 58" East, 53.00 feet from the southwesterly
terminus of that certain course shown as being "North 36°
12' 58" East, 211.39 feet" on that map sheet 3 of 6 filed
in Book 65, Pages 31 through 36 of Record of Surveys in
the Office of said County Recorder; thence South 80" 29'
00" East, 102.75 feet; thence South 890 50' 00" East,
103.20 feet; thence South 83" 42' 00" East, 70.70 feet;
thence South 58" 21' 00" East, 31.40 feet; thence South
711 10' 00" East, 100.30 feet; thence South 86" 39' 00"
East, 40.60 feet to a point distant South 17" 01' 20"
West, 2.41 feet from the 4" x 4" concrete monument with a
nail and tag marked "R.E. 4683" shown at the westerly
terminus of that certain course on the City of Newport
Beach boundary shown as "South 68" 22' 45" East, 756.00
feet" on said Record of Survey; thence South 65" 04' 00"
East, 60.90 feet; thence South 73" 11' 00" East, 200.00
feet; thence South 69" 14' 00" East, 78.90 feet; thence
South 75" 27' 00" East, 17.50 feet; thence South 71" 00'
1.
89-466419
00" East, 100.85 feet; thence South 660 03' 00" East,
100.10 feet; thence Sout560 55' 0" East, 100.70 feet;
thence South 630 42' 00" East, 99.10 feet; thence South
71" 15' 00" East, 104.50 feet; thence South 70" 54' 00"
East, 100.60 feet; thence North 840 24' 00" East, 26.10
feet; thence North 86" 43' 00" East, 91.20 feet; thence
North 750 25' 00" East, 100.20 feet; thence North 52° 00'
00" East, 106.70 feet; thence North 69" 07' 00" East,
17.50 feet; thence North 410 20' 00" East, 90.60 feet;
thence North 290 22' 00" East, 112.50 feet; thence North
170 30' 00" East, 91.20 feet; thence North 11" 50' 00"
East, 100.55 feet; thence North 15" 57' 00" East, 100.05
feet; thence North 220 52' 00" East, 100.40 feet; thence
North 390 22' 00" East, 84.50 feet; thence North 43" 53'
00" East, 100.90 feet; thence North 610 31' 00" East,
100.20 feet; thence North 66" 47' 00" East, 101.10 feet;
thence North 550 40' 00" East, at 18.42 feet right bank of
side slough, at 139.42 feet left bank of slough, 148.70
feet to station; thence South 510 40' 00" East, 136.80
feet; thence South 50" 12' 00" East, 104.70 feet; thence
South 31" 42' 00" East, 89.50 feet; thence South 34" 15'
00" East, 100.30 feet thence South 300 08' 00" East,
100.00 feet; thence South 28" 18' 00" East, 100.00 feet;
'thence South 28" 04' 00" East, 63.00 feet; thence South
260 44' 00" East, 146.00 feet; thence South 27" 00' 00"
East, 84.00 feet; thence South 20" 26' 00" East, 100.10
feet; thence South 240 50' 00" East, 100.00 feet; thence
2.
89- 466419
South 80 00' 00" East, 100.00 feet; thence South 2" 00'
00" East, 100.50 feet; thence South 9" 12' 00" East, 77.00
feet; thence South 30 03' 00" West, 21.00 feet; thence
South 11" 26' 00" West, 100.60 feet; thence South 2" 52'
00" West, 102.90 feet; thence South 19" 14' 00" East,
104.40 feet; thence South 3" 07' 00" East, 100.00 feet;
thence South 5" 09' 00" West, 101.00 feet; thence South 5"
07' 00" East, 200.20 feet; thence South 2" 00' 00" West,
60.00 feet; thence South 10 55' 00" East, 614.37 feet to a
point on the northerly right -of -way line of State Highway
101 -A shown on said Record of Survey as being a curve
concave northerly having a radius of 950.00 feet, an arc
length of 209.66 feet and a central angle of 12" 38' 42 ",
said point being distant along said curve 98.77 feet
westerly from the easterly terminus thereof, a radial line
from said point bears North 12" 40' 10" East.
3.
41 89- 466419
EXHIBIT OF"
DESCRIPTION OF "BOHN -MACK" SLOUGH
A parcel of land lying in the unincorporated territory of
the County of Orange, State of Californa, described as
follows:
COMMENCING at the northeasterly terminus of that
course being N 66" 47' 00" E, 101.10 feet in the Line
described in Exhibit "C" and as shown on Exhibit "B ";
thence N 55" 40' 00" E, 18.42 feet to the POINT OF
BEGINNING being a point on the right bank of said
unnamed slough; thence along the right bank of said
unnamed slough the following fifty -four (54) courses:
1. N 41" 30' 00" W, 15.00 feet;
2. N 26" 35' 00" W, 33.00 feet;
3. N 64" 45' 00" W, 35.00 feet;
4. N 53" 35' 00" W, 65.00 feet;
5. N 84°
6. S 84°
7. S 88"
8. S 84°
9. S 80"
10. S 73"
11. S 61"
12. S 69"
55'
35'
00'
39'
20'
O1'
08'
37'
00"
00"
00"
18"
21"
33"
48"
10"
W, 66.00 FEET;
W, 40.00 feet;
W, 110.00 feet;
W, 82.44 feet;
W, 150.39 feet;
W, 103.30 feet;
W, 109.37 feet;
W, 66.20 feet;
1.
13.
S
83"
24'
53"
W,
54.13
feet;
14.
N
78°
42'
11"
W,
56.08
feet;
15.
N
70°
12'
46"
W,
54.04
feet;
16.
N
59"
13'
06"
W,
51.01
feet;
17.
N
47"
27'
55"
W,
102.93
feet;
18.
N
39"
32'
29"
W,
57.93
feet;
19.
N
11"
54'
14"
W,
31.91
feet;
20.
N
10"
09'
55"
E,
85.69
feet;
21.
N
150
11'
00"
E,
43.84
feet;
22.
N
3"
03'
28"
E,
49.83 feet;
23.
N
180
00'
10"
W,
38.91
feet;
24.
N
25"
11'
08"
W,
84.83
feet;
25.
N
170
25'
05"
W,
40.90
feet;
26.
N
110
55'
18"
E,
25.91
feet;
27.
N
42"
32'
11"
E,
51.80
feet;
28.
N
61"
51'
20"
E,
155.48
feet;
29.
N
57"
05'
22"
E,
92.68
feet;
30.
N
44"
12'
33"
E,
83.68
feet;
31.
N
76"
19'
00"
E,
67.81
feet;
32.
N
55"
35'
03"
E,
36.87
feet;
33.
N
42"
52'
16"
E,
65.75
feet;
34.
N
35"
00'
28"
E,
99.61
feet;
35.
N
500
13'
53"
E,
81.70
feet;
36.
N
46"
33'
05"
E,
55.79
feet;
37.
N
60°
26'
03"
E,
40.86
feet;
38.
N
54"
39'
51"
E,
39.86
feet;
39.
N
680
07'
33"
E,
54.82
feet;
2.
89- 466419
40. N 80°
41. S 85°
42. N 59"
43. N 34"
44. N 33"
45. N 53"
46. N 72"
47. N 84°
48. N 66"
49. N 89"
50. S 83°
51. S 79°
52. S 74"
53. S 75"
54. S 83"
end of said unn
of said unnamed
courses:
34'
28'
45'
00'
00'
34'
33'
30'
37'
10'
03'
07'
27'
47'
40'
3med
slo
41" E,
28" E,
55" E,
14" E,
01- E,
37" E,
21" E,
16" E,
16" E.
53" E,
13" E,
51" E,
29" E,
35" E,
58" W,
slough
ugh the
i 89- 466419
78.79 feet;
14.97 feet;
24.91 feet;
49.80 feet;
42.83 feet;
29.89 feet;
26.92 feet;
47.88 feet;
49.84 feet;
71.84 feet;
79.86 feet;
113.83 feet;
64.92 feet;
39.95 feet;
34.88 feet to the upstream
thence along the left bank
following sixty -four (64)
1.
N
800
46'
11"
W,
68.82
feet;
2.
N
79"
46'
02"
W,
71.82
feet;
3.
N
87"
17'
16'
W,
147.56
feet.;
4.
S
81"
30'
29"
W,
62.77
feet;
5.
S
69"
17'
36"
W,
30.87
feet;
6.
S
78"
19'
47"
W,
61.76
feet;
7.
S
43"
00'
25"
W,
29.86
feet;
8.
S
38"
44'
12"
W,
59.71
feet;
9.
S
36"
48'
39"
W,
29.86
feet;
3.
29.
•
40
41'
48"
E,
•
feet;
30.
S
4"
20'
07"
W,
89- 466419
10.
S
550
44'
00"
W,
17.91
feet;
11.
S
890
27'
07"
W,
89.71
feet;
12.
S
78"
24'
48"
W,
24.90
feet;
13.
S
64"
51'
28"
W,
51.77
feet;
14.
S
60"
20'
16"
W,
67.69
feet;
15.
S
50"
32'
33"
W,
65.69
feet;
16.
S
45"
16'
03"
W,
65.68
feet;
17.
S
370
58'
59"
W,
71.66
feet;
18.
S
330
12'
38"
W,
58.72
feet;
19.
S
440
50'
56"
W,
51.75
feet;
20.
S
640
36'
24"
W,
89.60
feet;
21.
S
430
00'
25"
W,
79.62
feet;
22.
S
54°
33'
40"
W,
77.63
feet;
23.
S
62°
55'
57"
W,
95.57
feet;
24.
S
61°
35'
36"
W,
66.70
feet;
25.
S
43"
00'
25"
W,
23.88
feet;
26.
S
14"
52'
40"
W,
22.90
feet;
27.
S
14"
13'
30"
E,
38.89
feet;
28.
S
190
14'
15"
E,
104.75
feet;
29.
S
40
41'
48"
E,
21.93
feet;
30.
S
4"
20'
07"
W,
23.91
feet;
31.
S
19"
49'
20"
E,
24.94
feet;
32.
S
9"
51'
25"
W,
105.57
feet;
33.
S
13"
48'
26"
E,
41.88
feet;
34.
S
35"
15'
54"
E,
38.96
feet;
35.
S
510
41'
18"
E,
144.03
feet;
36.
S
620
15'
52"
E,
38.04
feet;
4.
89- 466419
37.
S
81"
43'
39"
E,
64.16
feet;
38.
N
79"
10'
01"
E,
37.14
feet;
39.
N
54"
56'
13"
E,
36.16
feet;
40.
N
45"
43'
48"
E,
27.13
feet;
41.
N
56"
35'
45"
E,
110.50
feet;
42.
N
76"
50'
33"
E,
11.04
feet;
43.
S
70"
00'
11"
E,
17.50
feet;
44.
N
80"
00'
00"
E,
129.00
feet;
45.
N
65"
15'
00"
E,
45.00
feet;
46.
N
56"
15'
00"
E,
48.00
feet;
47.
N
20"
05'
00"
E,
31.00
feet;
48.
N
64"
30'
00"
E,
22.00
feet;
49.
S
20"
00'
00"
w,
32.00
feet;
50.
S
56"
17'
00"
E,
27.00
feet;
51.
N
89"
13'
00"
E,
66.00
feet;
52.
N
81"
25'
00"
E,
31.00
feet;
53.
N
68"
52'
29"
E,
23.00
feet;
54.
N
78"
20'
13"
E,
36.13
feet;
55.
S
89"
27'
19"
E,
34.10
feet;
56.
S
82"
13'
34"
E,
78.20
feet;
57.
S
69"
35'
14"
E,
79.13
feet;
58.
S
62"
55'
49"
E,
15.00
feet;
59.
S
80"
37'
00"
E,
27.00
feet;
60.
N
64"
40'
00"
E,
34.00
feet;
61.
S
58"
00'
00"
E,
22.00
feet;
62.
S
6"
45'
00"
E,
24.00
feet;
63.
S
60"
10'
00"
E,
33.00
feet;
5.
89- 466419
64. S 54° 18' 26" E, 28.60 feet to a point on
that course being N 55" 40' 00" E, 148.70 feet,
distant 9.28 feet from the northeasterly terminus of
said course described in Exhibit "C" and as shown on
Exhibit "B" thence leaving the bank of said unnamed
slough S 55" 40' 00" W 121.00 feet to the point of
beginning.
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X9-466419
• 0
EXHIBIT "H" TO SETTLEMENT
AND BOUNDARY LINE AGREEMENT
1. THE RIGHTS AND RIGHTS OF WAY RELATING TO DRAINAGE DITCHES AND
CONSTRUCTION AND MAINTENANCE OF THE SANTA ANA RIVER CHANNEL, AS SET
FORTH IN THE AGREEMENT DATED SEPTEMBER 6, 1910, BETWEEN TALBERT DRAINAGE
DISTRICT AND NEWBERT PROTECTION DISTRICT, RECORDED OCTOBER 6, 1910 IN
BOOK 193, PAGE 371 OF DEEDS, ORANGE COUNTY.
2. THE
RIGHT OF WAY
AND INCIDENTS
THERETO, FOR A PUBLIC HIGHWAY AS
GRANTED
TO THE STATE
OF CALIFORNIA
BY DEED RECORDED OCTOBER 9, 1923 IN
BOOK 434,
PAGE I14 OF
DEEDS, ORANGE
COUNTY..
3. THE RIGHT OF WAY FOR STATE HIGHWAY OVER A PORTION OF SAID LAND,
TOGETHER WITH THE RIGHT TO EXTEND EXCAVATION AND EMBANKMENT SLOPES
BEYOND THE LIMITS OF SAID STATE HIGHWAY, AS CONVEYED TO THE STATE OF
CALIFORNIA BY DEED RECORDED JANUARY 18, 1924 IN BOOK S08, PAGE 55 OF
DEEDS, ORANGE COUNTY.
4. THE EASEMENT TO CONSTRUCT, LAY, OPERATE, MAINTAIN AND REPAIR
A 12 —INCH DIAMETER WATER PIPE LINE AS CONVEYED TO THE CITY OF
NEWPORT BEACH BY DEED RECORDED JULY 26, 1926 IN BOOK 182, PAGE 237
OF OFFICIAL RECORDS, ORANGE COUNTY.
S. THE RIGHT OF WAY FOR PIPE LINES FOR THE CONVEYANCE OF WATER,
OVER A STRIP OF LAND 15 FEET IN WIDTH, THE CENTER LINE OF SAID RIGHT OF
WAY BEING DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF LOT B OF BANNING
TRACT. FILED IN CASE NO. 6385p SUPERIOR COURT OF THE STATE OF
CALIFORNIA, IN AND FOR LOS ANGELES COUNTYP SAID POINT BEING
667.8 FEET WESTERLY FROM THE NORTHWEST CORNER OF THE FIRST
ADDITION TO NEWPORT MESA TRACTS AS SHOWN ON A MAP RECORDED IN
BOOK Bo PAGE 61 OF MISCELLANEOUS MAPSo RECORDS OF ORANGE COUNTY.
CALIFORNIA; RUNNING THENCE SOUTH 41 DEGREES 30' EAST 626.90
FEET TO POINT OF CURVE TANGENT OF RADIUS 300p CONCAVE TO THE
NORTHWEST. WHOSE POINT OF INTERSECTION IS AT A POINT NORTH 19
DEGREES 16' EAST 125 FEET FROM THE SOUTHEAST CORNER AND ON THE
WEST LINE OF LOT 13DZ OF THE FIRST ADDITION TO NEWPORT MESA
TRACT, AS ABOVE REFERRED; THENCE ALONG SAID CURVE. 182.21 FEET
TO A POINT ON LINE TANGENTi THENCE SOUTH 76 DEGREES 18' EAST
372.6 FEET ALONG THE TANGENT LINE TO THE WEST LINE OF LOT 1202
OF SAID FIRST ADDITION TO NEWPORT MESA TRACTS AT A POINT 2 FEET
NORTH OF THE
89 DEGREES
OF THE SOUTH
AVENUE, AS
TRACT; •
• • 89-4664!9
SOUTHWEST CORNER OF SAID LOT 1202; THENCE NORTH
18' EAST 630 FEET, PARALLEL TOP AND 2 FEET NORTHERLY
LINE OF SAID LOT 12D2► TO THE WEST LINE OF WHITTIER
SHOWN ON SAID MAP OF FIRST ADDITION TO NEWPORT MESA
AS CONVEYED TO NEWPORT MESA IRRIGATION DISTRICT OF ORANGE COUNTY,
CALIFORNIA9 BY DEED RECORDED MAY 139 1933 IN BOOK 6119 PAGE
277 OF OFFICIAL RECORDS► ORANGE COUNTY.
.6. THE RIGHT OF WAY AND INCIDENTS THERETO, FOR STATE HIGHWAY
AND DRAINAGE DITCH PURPOSES► OVER PORTIONS OF SAID LAND, AS
GRANTED BY TOWNSEND LAND COMPANY► A CORPORATION► TO THE STATE
OF CALIFORNIA► BY DEED RECORDED APRIL 209 1936 IN BOOK 8229
PAGE 48 OF OFFICIAL RECORDS9 ORANGE COUNTY.
7. AN EASEMENT FOR CONSTRUCTION
ANO MAINTENANCE OF A DRAINAGE DITCH UPON A STRIP OF LAND 28
FEET IN WIDTH► ADJACENT T09 AND ITS SOUTHERLY LINE CONTIGUOUS
WITH THE NORTHERLY LINE OF THE 100 -FOOT STRIP OF LAND FOR STATE
HIGHWAY PURPOSES9 AS CONVEYED BY TOWNSEND LAND COMPANY► A
CORPORAT10N9 TO THE STATE OF CALIFORNIA* BY DEED RECORDED APRIL
20► 1936 IN BOOK 8229 PAGE 46 OF OFFICIAL RECORDS9 ORANGE COUNTY.
8. THE EASEMENT
FOR SANITARY SEWER PIPE LINE AND PRIVATE ROAD PURPOSES9 OVER
A STRIP OF LAND 30 FEET IN WIDTH► AND AN EASEMENT FOR SANITARY
SEWER PIPE LINE AND WATER PIPE LINES OVER A STRIP OF LAND 20
FEET W10E9 AS CONDEMNED BY FINAL DECREE RENDERED AUGUST 20*
1937 IN THE ACTION ENTITLED 'CITY OF NEWPORT BEACH VS. TOWNSEND
LAND COMPANY AND OTHERS "* CASE NO. 34747. SUPERIOR COURT OF
THE STATE OF CALIFORNIA. IN AND FOR ORANGE COUNTY* A CERTIFIED
COPY OF WHICH DECREE WAS RECORDED AUGUST 209 1937 IN BOOK 1109
PAGE 19 OF OFFICIAL RECORDS► ORANGE COUNTY.
NOTE THE PRESENT OWNERSHIP OF
OF WAY HAS NOT BEEN DETERMINED.
Page 2
SAID EASEMENTS AND /OR RIGHTS
89- 466419
9. THE RIGHT TO CONSTRUCT DRAINAGE DITCHES, CHECK DAMS, ETC.
'ADJOINING STATE HIGHWAY, AS CONVEYED TO THE STATE OF CALIFORNIA BY
DEED RECORDED NOVEMBER 9, 1937 IN BOOK 918, PAGE 93 OF OFFICIAL
RECORDS, ORANGE COUNTY.
10. AN ACTION COMMENCED FEBRUARY 24, 14153 IN THE SUPERIOR
COURT OF THE STATE OF CALIFORNIA► IN AND FOR THE COUNTY OF
ORANGE► ENTITLED "COUNTY SANITATION DISTRICT NO. 1 OF ORANGE
COUNTY► CALIFORNIA VS. FARMERS AND MERCHANTS NATIONAL BANK
OF LOS ANGELES► AS TRUSTEE► AND OTHERS• (CASE NO. 541960)► TO
CONDEMN AN EASEMENT FOR RIGHT OF WAY FOR A PUBLIC SANITARY SEWER►
OVER► ON► UPON► IN AND THROUGH THE WESTERLY PORTION OF PARCELS
3 AND A.
NOTICE OF THE PENDENCY OF SAID ACTION WAS RECORDED FEBRUARY
241 1953 IN BOOK 24581 PAGE 323 OF OFFICIAL RECORDS► ORANGE
COUNTY.
FINAL JUDGMENT IN CONDEMNATION WAS FILED THEREIN ON APRIL iZ►
19601 A CERTIFIED COPY OF SAID FINAL .JUDGMENT IS NOT OF RECORD
JN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY► CALIFORNIA.
11. THE EFFECT OF AN AGREEMENT BETWEEN NEWPORT DRAINAGE DISTRICT,
TALBERT DRAINAGE DISTRICT, AND ORANGE COUNTY FLOOD CONTROL DISTRICT.
RELATIVE TO THE MAINTENANCE AND CONTROL OF DRAINAGE DITCHES, PIPE
LINES, ETC., RECORDED DECEMBER 31, 1957, IN BOOK 4152, PAGE 223 OF
OFFICIAL RECORDS, ORANGE COUNTY; RECORD REFERENCE 15 HEREBY MADE
FOR FULL PARTICULARS.
12. AS EASEMENT AND RIGHT OF. WAY FOR STORM DRAIN PURPOSES, AS
CONVEYED TO THE CITY OF NEWPORT BEACH BY DEED RECORDED AUGUST 28,
1974 IN BOOK 11231, PAGE 650 OF OFFICIAL RECORDS, ORANGE COUNTY.
SAID EASEMENT IS DESCRIBED AS FOLLOWS:
A STRIP OF LAND 35.00 FEET IN WIDTH, OVER THAT PORTION OF LOT
1 OF TRACT NO. 2250 IN SAID COUNTY OF ORANGE, AS PER MAP RECORDED
IN BOOK 104, PAGES 6 AND 7 OF MISCELLANEOUS MAPS IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, AND THAT PORTION OF LOT
Page 3
0 * E9- 466419
0 OF THE BANNING TRACT, PER MAP OF SAID TRACT ATTACHED TO THE
REPORT OF THE REFEREES FILED APRIL 16. 1890 IN CASE NO. 6385
UPON THE REGISTER OF ACTIONS OF THE SUPERIOR COURT OF LOS ANGELES
COUNTY. CALIFORNIAs LYING 15.00 FEET NORTHERLY AND -20.00 FEET
SOUTHERLY OF THE FOLLOWING DESCRIBED LINE#
COMMENCING AT A POINT IN THE NORTHEASTERLY LINE OF PARCEL 19
AS DESCRIBED IN DEED RECORDED FEBRUARY 14# 1966 IN BOOK 7839.
*AGE 739 Of OFFICIAL RECORDS Of SAID ORANGE COUNTY. DISTANT
THEREON SOUTH 63 DEGREES 12' 02" EAST 78.87 FEET FROM THE MOST
NORTHERLY CORNER OF SAID PARCEL It SAID POINT OF BEGINNING BEING
IN A LINE PARALLEL WITH AND DISTANT EASTERLY 70.00 FEET FROM
THE WESTERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID PARALLEL
LINE. SOUTH 0 DEGREES 38' 10" EAST 437.71 FEET TO THE BEGINNING
OF A TANGENT CURVE CONCAVE NORTHWESTERLY. WITH A RADIUS OF 100.00
FEET: THENCE SOUTHWESTERLY ALONG SAID CURVE. 126.61 FEET THROUGH
A CENTRAL ANGLE OF 72 DEGREES 32' 32" TO THE WESTERLY LINE OF
SAID PARCEL 1 AND THE TRUE POINT OF BEGINNING: THENCE CONTINUING
ALONG SAID CURVE WESTERLY. A DISTANCE OF 49.20 FEET THROUGH
A CENTRAL ANGLE Of 28 DEGREES 11' 18 "1 THENCE TANGENT TO SAID
CURVE* NORTH 79 DEGREES 54' 20" WEST 374.00 FEET TO THE NORTHERLY
,LINE OF STATE HIGHWAY 101 -At 100.00 FEET WIDEP AS SHOWN ON MAP
RECORDED IN BOOK 65# PAGES 31 TO 36 INCLUSIVE OF RECORD OF SURVEYS
OF SAID ORANGE COUNTY.
THE SIDE LINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR
SHORTENED SO AS TO TERMINATE WESTERLY IN THE NORTHERLY LINE
OF SAID STATE HIGHWAY 101 =A, AND EASTERLY IN THE WESTERLY LINE
OF SAID PARCEL 1.
NOTE] SAID DEED RECITES# AMONG OTHER THINGS, AS FOLLOWS=
OTHIS EASEMENT SHALL BE DEEMED ABANDONED AND SHALL REVERT
TO GRANTOR IF IT SHALL NOT BE IMPROVED AND UTILIZED FOR
THE PURPOSES SPECIFIED ABOVE WITHIN A PERIOD OF THREE (3)
YEARS FROM THE DATE HEREOF, OR IF SO IMPROVED AND UTILIZED#
IS THEREAFTER NO LONGER SO USED.'
Page 4
♦ F. .
LXBIBIT 819
TO
SETTLEMENT AND BOUNDARY LINE AGREEMENT
89- 466419
1. Partial Assignment of Lease dated January 27, 1983, by and
between Armstrong Petroleum Corporation, ASSIGNOR, and the
City of Newport Beach, ASSIGNEE, recorded March 22, 1983, as
Instrument No. 83- 121626 in the Official Records of Orange
County, California.
2. Partial Assignment of Lease dated March 30, 1983, by and
between Armstrong Petroleum Corporation, ASSIGNOR, and the
City of Newport Beach, ASSIGNEE, recorded April 12, 1983, as
Instrument No. 83 -15174 in the Official Records of Orange
County, California.
3. Quitclaim Deed dated March 30, 1983, recorded April 12, 1983,
as Instrument No. 83- 151675 in the Official Records of Orange
County, California.
4. Quitclaim Deed dated January 27, 19830 recorded March 22,
1983, as Instrument No. 83- 121625 in the Official Records of
Orange County, California.
5. Partial Quitclaim Deed dated January 27, 1983, recorded
March 22, 1983, as Instrument No. 83- 121627 in the Official
Records of Orange County, California.
6. Partial Quitclaim Deed dated January 27, 1983, recorded
March 22, 1983, as Instrument No. 83- 121628 in the Official
Records of Orange County, California.
7. Subsurface Right of Way as conveyed by the City of Newport
Beach to Jergins Oil Company by an unrecorded written
Instrument dated July 24, 1950, as disclosed in an Assignment
dated February 6, 1951, executed by Jergins Oil Company to
Humble Oil and Refining Company, recorded January 3, 1952, in
Book 2270, Page 282 in the Official Records of Orange County,
California.
8. Lease dated May 26, 1947, by and between Anne O Banning, et
al, as Lessor, and D.W. Elliott, as Lessee, recorded in
Book 3936 at Page 223, in the Official Records of Orange
County, California..
MEMORANDUM
OFFICE OF THE CITY ATTORNEY
January 9, 1989
TO: Wanda Raggio, City Clerk
FROM: Carol A. Korade, Assistant City Attorney
RE: Settlement and Boundary Line Agreement Pertaining to
Northern Boundary of Oxbow Loop
Attached is the staff report and Oxbow Loop Agreement
which is currently scheduled for the January 9, 1989 Council
Agenda. One of the original Geobase colored maps is to be
attached to each of the Council Member's packets. The public can
use the Exhibits in the Agreement.
Thank you. If you have any questions, please do not
hesitate to contact me.
Carol A. Korade
Assistant City Attorney
CAK /mll
attachments
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See Contract File for
Map of
Line of Agreement