HomeMy WebLinkAboutC-2821 - Santa Ana River Mainstream Flood Control•
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TO: City Council
FROM: Public Works Department
i
May 29, 1990
CITY COUNCIL AGENDA
ITEM NO. F -3(C)
THE CITY
KAY 261 ,rn]
SUBJECT: SANTA ANA RIVER MAINSTEM FLOOD CONTROL PROJECT. RIGHT -
OF -ENTRY FOR CONSTRUCTION ON CITY PROPERTY AND APPRAISAL
OF CITY OWNED PROPERTY
RECOMMENDATIONS:
1. Authorize the City Manager to execute Right -of-
Entry Permits to the U.S. Government (Corps of
Engineers) for construction on City property.
a. Tract 105 (Oxbow Loop).
b. Tract 101, 107, 1001 -2 and 111 E
(Old Treatment Plant site and access).
2. Authorize the City staff to retain George Hamilton
Jones, Inc., appraisal consultants, to appraise Old
Treatment Plant site property.
3. Approve Budget Amendment in the amount of
$42,500.
DISCUSSION:
The United States Government, represented by the Los
Angeles District of the Corps of Engineers, wishes to acquire a
7.28 acre parcel of City owned land adjacent to the Santa Ana River
and the City's interest in an easement for sanitary sewer pipeline
and private road purposes. This parcel, known as the "Old
Treatment Plant site," and the easement are shown as Tract Nos.
101, 107, 1001 -2 and 111 -E on the attached Corps of Engineers
drawing (Exhibit No. 1) . The Government also wishes to acquire the
City's interest in a portion of the "Oxbow Loop" (Old Santa Ana
River Channel remnant) shown as Tract No. 105 on the attached Corps
of Engineers drawing (Exhibit No. 2)
Congress appropriated funds in October 1989 to begin
construction on the first phases of the Santa Ana River Mainstem
Flood Control project. Corps of Engineers scheduling is for the 92
Acre Marsh Restoration project (Exhibit No. 3), which is adjacent
to Newport Shores and the Santa Ana River, to begin in October 1990;
and the first project to widen the Santa Ana River, from the
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Subject: Santa Ana River Mainstem Flood Control Project. Right -
of -entry for construction on City property and appraisal
of City owned property
May 29, 1990
Page 2
Pacific Ocean to north of Victoria Avenue, to begin in the Spring
of 1991. The right -of -way acquisition phase of work has begun and
offers from the Corps of Engineers to purchase the City owned
property are as follows:
"Old Treatment Plant Site"
A. Offer
1. $610,000 for 7.28 acres
2. Condition of Sale
a. Land shall be conveyed to the Government free
of contaminants within 90 days commencing on
the date the offer is signed.
b. The land shall be certified as clean to the
satisfaction of the Government.
C. Action levels of clean -up shall be in
accordance with guidance found in Titles 14,
22 and 23 of the California Administrative
Code, California Public Resources Code Section
3000, the National Oil and Hazardous
Substances Pollution Contingency Plan 40 CFR
300, and the Luft Manual.
B. Discussion
City staff and Corps of Engineers staff have met to
discuss the offer and the extent of clean -up
required. The site has been tested by GSI
Environmental, Inc.; and MITRC, U.S. Army Corps of
Engineers contractors, and has been found to be
contaminated. The contaminants identified include
but are not limited to soil containing oil,
concrete blocks, old pipes, construction debris
asphalt, sludge etc. The Corps of Engineers has
offered to accomplish the clean -up, however, they
would require possession of the property by July 1,
1990, and would then deduct the cost of the clean-
up from the sale value of the property. Some of
the concrete from the Old Treatment Plant can be
incorporated into the islands and channel berms
proposed by the Corps. However, City staff is
concerned that general clean -up and hauling away of
debris by the Corps of Engineers would be more
expensive than clean -up efforts accomplished by
City forces and /or City hired contractors.
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Subject: Santa An
of -entry
of City
May 29, 1990
Page 3
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a River Mainstem
for construction
owned property
Flood Control Project. Right -
on City property and appraisal
In order to meet the Corps schedule for construction and
satisfactorily conclude right -of -way transactions and clean -up on
this site, City staff recommends the following:
1. Authorize the City Manager to execute a Right -of -Entry
Permit to the U.S. Government (Corps of Engineers) for
construction on City property. This right -of -entry will
allow the Corps of Engineers to maintain their proposed
construction schedule while the City's independent
appraisal is being completed and the necessary details
for clean -up of the site are being worked out.
2. Authorize City staff to obtain an independent appraisal
of the property. A proposal from George Hamilton Jones
has been requested and received to appraise the property
for a fee not to exceed $12,500.
• 3. If acceptable, approve a Budget Amendment
of $42,500 which would provide $12,500 for
and $30,000 for clean -up work by the City.
are required now and would have t
unappropriated General Fund surplus. Whe
property is completed, the General F
reimbursed.
Oxbow Loop
A. Offer
1. $70,000 for 8.19 acres
2. Condition of Sale
in the amount
the appraisal
These funds
o come from
n the sale of
and will be
a. Purchase price to be divided between:
1. Mrs. Mamie Hunt
2. Signal Landmark, Inc.
• 3. City of Newport Beach
B. Discussion:
City staff has notified the Corps of Engineers that a
large portion of the property within the "Oxbow Loop" is
State owned tidelands held in trust by the City of
Newport Beach. The Corps of Engineers has now contacted
the State Land Commission and learned that the sale of
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Subject: Santa Ana River Mainstem Flood Control Project. Right -
of -entry for construction on City property and appraisal
of City owned property
May 29, 1990
Page 4
State tidelands does not appear feasible. A meeting with
State Lands Commission staff is being scheduled in June
to discuss the issues associated with the transfer of
rights and /or permission for the Corps of Engineers to
enter on the property to construct, operate and maintain
the proposed marsh project.
Because these issues may become complicated and because
the City has supported the Corps efforts to implement the
marsh project, City staff recommends that the City
Manager be authorized to execute a Right -of -Entry Permit
to the U.S. Government (Corps of Engineers) for
construction on City administered tidelands. City staff
and Corps of Engineers staff will continue to work with
the State Lands Commission to satisfactorily resolve the
right -of -way issues in the Oxbow Loop.
��// - .1 612, /PZ�74
Benjamin B. Nolan
Public Works Director
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Attachments
41
101 5.80 t
ACRES
107
1.48 t
ACRES
• _ - -- `00E -21
- -- — ACRI
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1
OXBOW LOOP'. I
400 0 400 Soo 1200
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SCALE IN FEET
SWhAI4 -*61
vcrxw i race i yr i nc nry j
U.S. ARMY ENGINEER DISTRICT. LOS ANG
SOUTH PACIFIC DIVISION
MARSH RESTORA110N AREA
Lower Sonto Ana Rorer Channel Inprover
7RAC M 101 do 107 (FEES)
'TRACTS 102E -2 do 111E (EASEME,
14 MARCH 1990
Y
• 1
111E
N
Tracts 100E -2 and 11 1 E are a continuous easement, 1 ggg j
and are that some easement described as Parcel III ACRES
in Final Judgment, Case No. 34747, recorded 20 Aug
`
37 as Doc. No. 24769 in Book 910, Pages 1.9- 20 -21,
of Official Records, and also include that real property
described as Parcel "C' of Exhibit "I" to both that
Partial Assignmrnt of Lease dated 30 Mar 83 and re—
c -rded 12 Apr 13 as Doc. No. 83- 151674, and that
E- jitclaim Deed .sated 30 Mar 83 and recorded '12 Apr
83 as Doc No. 83- 151675, of Official Records. I
NOTE:
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Tracts 101 & 107 referred to as Parcel 2 ENDS IN WLY R/W OF
Tracts 10ll -2 & 111E referred to as PACIFIC ODAS7 HW(
�y
400 0 400 Soo 1200
�_=
SCALE IN FEET
SWhAI4 -*61
vcrxw i race i yr i nc nry j
U.S. ARMY ENGINEER DISTRICT. LOS ANG
SOUTH PACIFIC DIVISION
MARSH RESTORA110N AREA
Lower Sonto Ana Rorer Channel Inprover
7RAC M 101 do 107 (FEES)
'TRACTS 102E -2 do 111E (EASEME,
14 MARCH 1990
91
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DEPARTMENT OF THE ARMY
RIGHT -OF -ENTRY FOR CONSTRUCTION
SANTA ANA RIVER MAINSTEM FLOOD CONTROL 101, 107, 100E -2 and I
(Project) (Tract Number)
The undersigned, hereinafter called the 'Owner,' in
consideration of the total compensation to be paid by the UNITED
STATES OF AMERICA, hereinafter called the 'Government,' for all
land or easement rights hereinafter described, to be determined
by subsequent agreement between the Owner and the Government, or
by ,judicial proceedings, hereby grants to the Government, a
right -of -entry upon the following terms and conditions:
1. The Owner hereby grants to the Government an irrevocable
right to enter upon the lands hereinafter described at any time
within a period of twelve (12) months from the date of this
instrument to perform construction work of any nature.
2. This right -of -entry includes the right of ingress and
egress on other lands of the Owner not described below, provided
that such ingress and egress is necessary and not otherwise
conveniently available to the Government.
3. All tools, equipment, improvements, and other property
taken upon or placed upon the land by the Government shall remain
the property of the Government and may be removed by the
Government at any time within a reasonable period after the
expiration of this right -of- entry.
4. The Government shall have the right to patrol and police
the lands hereinafter described during the period of this right -
of- entry.
5. If aircraft flights over said lands, or entry upon the
land by means of helicopter or other type aircraft, are
necessary, the Government shall inform the Owner, in advance, of
such flight or entry.
6. It is understood and agreed that if the Government does
not acquire title or other necessary interest in said land prior
to the expiration of this right -of- entry, or any renewal thereof,
the Government agrees to be responsible for any damage arising
from the activity of the Government, its employees and /or
contractors on said lands, in the exercise of rights under this
right -of- entry, and shall repair such damages, or, in lieu
thereof and at the option of the Government, shall make an
appropriate settlement with the Owner.
0 0
The land affected by this right -of -entry is located in the
County of Orange, State of California, and is described in
Exhibit 'A', attached hereto and made a part hereof.
WITNESS MY HAND AND SEAL this ?G'f day of ? 1990
WITNESS:
CITY OF NEWPORT BEACH, a
Municipal Corporation
Lj-ko�� ?LWYm',�(SEAL)
By:
r� Fe App oved as to Form:
. l n
�FC)9
ity Attorney
PARCEL 1: (Tracts 101 and 107)
ALL THAT PORTION OF LOT "B" OF THE BANNING TRACT, IN A PORTION OF
THE RANCHO SANTIAGO DE SANTA ANA IN THE CITY OF NEWPORT BEACH,
ORANGE COUNTY, CALIFORNIA, AS SHOWN ON A MAP FILED IN DECREE OF
PARTITION CASE NO. 6385 OF THE SUPERIOR COURT OF THE STATE OF
CALIFORNIA, IN AND FOR THE COUNTY OF LOS ANGELES, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT IN THE EASTERLY LINE OF THE 300 FOOT RIGHT OF
WAY FOR THE SANTA ANA RIVER CHANNEL AS DESCRIBED IN EASEMENT TO
THE NETREERT PROTECTION DISTRICT, RECORDED IN BOOK 197, PAGE 300 OF
DEEDS, RECORDS OF ORANGE COUNTY, CALIFORNIA, WHICH POINT BEARS
NORTH 71' 20' EAST 510.47 FEET FROM THE SOUTHWEST CORNER OF SAID
LOT "B" WHICH LAST MENTIONED CORNER IS ALSO STATION 149 OF THE
RANCHO SANTIAGO DE SANTA ANA; RUNNING THENCE NORTH 13' 25' EAST
ALONG THE EASTERLY LINE OF SAID 300 FOOT RIGHT OF WAY 660.00 FEET;
THENCE SOUTH 76' 35' EAST 660.00 FEET; THENCE SOUTH 13' 25' WEST
660.00 FEET; THENCE NORTH 76' 35' WEST 660.00 FEET TO THE POINT OF
BEGINNING, CONTAINING TEN (10) ACRES OF LAND, MORE OR LESS.
EXCEPTING THEREFROM, THAT PORTION OF SAID LAND INCLUDED WITHIN A
STRIP OF LAND 180 FEET WIDE, DESCRIBED AS PARCELS 03 -121.1 AND
03 -122.1 IN THE FINAL ORDER OF CONDEMNATION RENDERED JANUARY 25,
1962 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR
THE COUNTY OF ORANGE, IN THE ACTION ENTITLED "ORANGE COUNTY FLOOD
CONTROL DISTRICT VS. CITY OF NE'Am -ORT BEACH, AND OTHERS: (CASE NO.
77399) A CERTIFIED COPY OF WHICH DECREE WAS RECORDED JANUARY 30,
1962 IN BOOK 5993, PAGE 441 OF OFFICIAL RECORDS, ORANGE COUNTY.
PARCEL II: (Tracts 100E -2 and 111E)
EASEMENT FOR SANITARY SEWER PIPE LINE AND PRIVATE ROAD PURPOSES
OVER, ALONG AND ACROSS A STRIP OF LAND THIRTY (30) FEET IN WIDTH,
IN A PORTION OF THE RANCHO SANTIAGO DE SANTA ANA, IN THE CITY
NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING
FIFTEEN (15) FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTER
LINE:
- CONTINUED-
E nL11$1T
BEGINNING AT A POINT IN A LINE TEN (10) FEET NORTHERLY OF AND
PARALLEL WITH THE NORTHERLY LINE OF THAT CERTAIN 80 FOOT RIGHT OF
WAY OF THE CALIFORNIA STATE HIGHWAY, AS DESCRIBED IN DEED
REOCROED JANUARY 18, 1924, IN DEED BOOK 508, PAGE 65, RECORDS OF
ORANGE COUNTY, CALIFORNIA, WHICH POINT IS SOUTH 83' 19' 15" EAST
193.00 FEET ALONG THE NORTHERLY LINE OF SAID RIGHT OF WAY AND
NORTH 0' 15' 15" WEST 10.60 FEET FROM THE END OF A CURVE IN SAID
RIGHT OF WAY WHICH IS AT STATION 682 - 99.62 OF SAID HIGHWAY RIGHT
OF WAY; RUNNING THENCE NORTH 12' 45' 50" WEST 1350.68 FEET; THENCE
NORTH 5' 27' EAST 217.00 FEET TO A POINT WHICH BEARS SOUTH 10' 20'
30" EAST 82.65 FEET FROM CORNER NO. 121 OF RANCHO SANTIAGO DE
SANTA ANA, AS SHOWN ON A MAP RECORDED IN RECORD OF SURVEYS IN BOOK
2, PAGE 40, RECORDS OF SAID COUNTY. THENCE NORTH 14' 43' 30" WEST
264.00 FEET; THENCE NORTH 27' 22' WEST 595.00 FEET TO A POINT
WHICH IS NORTH 29' 46' 30" WEST 115.17 FEET FROM CORNER NO. 120 OF
SAID RANCHO SANTIAGO DE SANTA ANA; THENCE NORTH 33' 02' 30" WEST
520.83 FEET; THENCE NORTH 76' 35' WEST 1588.62 FEET TO A POINT
WHICH IS SOUTH 76' 35' EAST 160.00 FEET FROM THE EASTERLY LINE OF
THAT CERTAIN 300 FOOT RIGHT OF WAY OF THE NEWBERT PROTECTION
DISTRICT, AS DESCRIBED IN DEED RECORDED IN BOOK 197, PAGE 300 OF
DEEDS, RECORDS OF SAID COUNTY, AND BEARS NORTH 74' 35' 45" EAST
1246.97 FEET FROM THE SOUTHWEST CORNER OF LOT "B" OF THE BANNING
TRACT, AS SHOWN ON A MAP FILED IN DECREE OF PARTITION, CASE NO.
6385 OF THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR
THE COUNTY OF LOS ANGELES.
TOGETHER WITH THE RIGHT TO MAINTAIN, OPERATE, REPAIR AND REPLACE A
PIPE LINE OR PIPE LINES FOR SANITARY SEWER PURPOSES;
AND ALSO, THE RIGHT TO CONSTRUCT A PRIVATE ROAD OVER AND ACROSS
SAID STRIP OF LAND FOR THE USE OF THE SERVANTS, EMPLOYEES, AND
OFFICERS OF THE GRANTEE, AND NOT OTHERWISE, AND TO USE THE SAME
FOR THE PASSAGE AND RE- PASSAGE OF VEHICLES FOR THE TRANSPORTATION
OF THE SERVANTS, EMPLOYEES AND OFFICERS OF THE GRANTEE AND FOR THE
PURPOSE OF MAINTAINING, REPAIRING OR RECONSTRUCTING SAID PIPE
LINES.
EXCEPTING THEREFROM, ALL OIL, GAS AND SIMILAR HYDROCARBON
SUBSTANCES IN OR UNDER ALL OF THE ABOVE DESCRIBED PROPERTIES,
TOGETHER WITH THE RIGHT TO DRILL FOR, EXTRACT AND PRODUCE THE
SAME, PROVIDED, HOWEVER, THAT THERETO SHALL BE NO RIGHT TO ERECT
OR CONSTRUCT ANY DERRICK OR OTHER STRUCTURE WHATSOEVER UPON THE
ABOVE DESCRIBED PREMISES, AS RESERVED TO THE TOWNSEND LAND
COMPANY, IN THE ACTION ENTITLED "CITY OF NEWPORT BEACH, A
MUNICIPAL CORPORATION OF THE SIXTH CLASS V. TOWNSEND LAND COMPANY,
AND OTHERS, DEFENDANTS ", BEING CASE NO. 34747 OF THE SUPERIOR
COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF ORANGE,
A CERTIFIED COPY OF THE FINAL JUDGMENT HAVING BEEN RECORDED AUGUST
20, 1937 IN BOOR 910, PAGE 19 OF OFFICIAL RECORDS OF ORANGE
COUNTY.
W�
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101 S.FG t
��
ACRES
107
1.48 t
.ACRES
ACRE
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OXBOW LOOP
N Tracts 1 OOE -2 and 11 1 E ore a continuous easement,
and are that some easement described as Parcel III
in Final Judgment, Case No. 34747, recorded 20 Aug
37 as Doc. No. 24769 in Book 9113, Pages 1.9- 20 -21,
of Official Records, and also include that real property
described as Parcel "(f -of Exhibit "I" to both that
Partial Assignment of Lease dated 30 Mar 83 and re-
corded 12 Apr 83 as Doc. No. 83- 151674, and that
Quitclaim Deed dated 30 Mar 83 and recorded '12 Apr
83 as Doc No. 83- 151675, of Official Records.
NOTE:
Tracts 101 & 107 referred to as Parcel I ENDS IN WILY RAV OF
Tracts 100E -2 & 111E referred to as PACIFIC C•G.AST HWY
Parcel II
400 G 400 Boo 1200
SCALE IN FEET
I
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111E
1.596 t
ACRES
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1
U.S. ARRAY ENGINEER DISTRICT, LOS ANrE E3
SOUTH PACIFIC DIMSION
MARSH RESTORAITON AREA
Lower Santa Ana River Channel Improvemeni
TRACES 101 & 107 (FEES)
TRACT -S 102E -2 & 111E (EASEMENT`:
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DEPARTMENT OF THE ARMY
RIGHT -OF -ENTRY FOR CONSTRUCTION
SANTA ANA RIVER MAINSTEM FLOOD CONTROL 105
(Project) (Tract Number)
The undersigned, hereinafter called the "Owner,' in
consideration of the total compensation to be paid by the UNITED
STATES OF AMERICA, hereinafter called the "Government," for all
land or easement rights hereinafter described, to be determined
by subsequent agreement between the Owner and the Government, or
by judicial proceedings, hereby grants to the Government, a
right -of -entry upon the following terms and conditions:
1. The Owner hereby grants to the Government an irrevocable
right to enter upon the lands hereinafter described at any time
within a period of twelve (12) months from the date of this
instrument to perform construction work of any nature.
2. This right -of -entry includes the right of ingress and
egress on other lands of the Owner not described below, provided
that such ingress and egress is necessary and not otherwise
conveniently available to the Government.
3. All tools, equipment, improvements, and other property
taken upon or placed upon the land by the Government shall remain
the property of the Government and may be removed by the
Government at any time within a reasonable period after the
expiration of this right -of- entry.
4. The Government shall have the right to patrol and police
the lands hereinafter described during the period of this right -
of-entry.
5. If aircraft flights over said lands, or entry upon the
land by means of helicopter or other type aircraft, are
necessary, the Government shall inform the Owner, in advance, of
such flight or entry.
6. It is understood and agreed that if the Government does
not acquire title or other necessary interest in said land prior
to the expiration of this right -of- entry, or any renewal thereof,
the Government agrees to be responsible for any damage arising
from the activity of the Government, its employees and /or
contractors on said lands, in the exercise of rights under this
right -of- entry, and shall repair such damages, or, in lieu
thereof and at the option of the Government, shall make an
appropriate settlement with the Owner.
fir;
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The land affected by this right -of -entry is located in the
County of Orange, State of California, and is described in
Exhibit 'A', attached hereto and made a part hereof.
WITNESS MY HAND AND SEAL this day of �Z ?CG 1990
WITNESS:
CITY OF NEWPORT BEACH, a
Municipal Corporation
C SEAL)
T,jc , w I �\``' Appr ed as to Form:
4,
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EXHIBIT A
DATE:
TRACT:
ACREAGE'
OWNERS:
PROJECT:
LOCATION:
CESPLRE -PC FILE:
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( 3rd Revision
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Page 1 of : Faces
Aucust 19:39)
.1'- +
(1) State of California. (with Cit•: of New-
port Beach, Trustee and Individually)
(2 ) Simn;al L andmar4 %, Inc.
( ) Mamie M. Hunt
(°oundaries between these three owners to be
determined.)
MARSH RESTORATION AREA, Lower Santa Ana River
Channel Imorovements
Orar.oe Count,/. California.
71'• -F• -1 (c: \wp \mrshl>S
DESCRIPTION
THAT CERTAIN REAL PROPERTY near the mouth of the Santa Ana River
in the County of Orange, State of California, situate in the
Rancho Santiago de Santa Ana and in Sections 19 and 20, Township
6 South, Range 10 West, San Bernardino Base & Meridian, further
described as follows:
BEGINNING at the northeasterly terminus of the centerline of
Summit Street, _.0 feet wide, vacated by resolution of the Board
of Supervisors on September 1926, recorded in Bock '2151, Page
559, of Official Records of said County, at a point distant North
60d 52' 54" West, 15.11 feet, more or less, from a two -inch-
diameter iron pipe capped with a brass disc stamped "R.L.S.
106311, at the intersection of a westerly boundary of the City of
Newport Beach, according to a survey by said city as shown on
City Map No. 159 -2055 on file in the office of the City Engineer,
with the northwesterly terminus of that certain course in the
line decreed as the centerline of the Santa Ana River by Califor-
nia Superior Court for Orange County in Case No. 22797 (said line
hereinafter called the "Decreed Line ") recorded 21 February 19:30
as Document No. 5243 in Book 362, Paces 31- 32 -33, of Official
Records of said county, shown as "N 78d 00' 22" 517.70111 on a
map filed 13 July 1963 as Document No. 167121 in Book 65, Pages 31
through 36, inclusive, of Records of Survey (said survey herein-
after called "65RS31 ") of said county;
thence southwesterly along the centerline of Summit Street
(vacated), South 35d 45' 31" West (Record S. 35d 57' 30" West per
65RS31), 46.20 feet;
thence, leaving said centerline, North 54d 02' 20" West, 15 feet,
more or less, to the most southerly corner of Lot 1, Block C of
the E1 Moro Tract, as said tract is shown an map filed 30 April
191:3 as Document No. 3:34.31 in Book 3 Page 75, of Official
Records and as said corner is shown on 65RS31;
V H
IRIT A V File # 713 -F' -1
Tract 10 Marsh Restoration Area.,
Lower Santa Ana River (cont'd)
0
Page 2_ of c Pages
(:-:,-d F:ev.
thence along the southwesterly line of Block C as shown on
65RS31, North 54d 02' 20" West, 104.02 feet to a point in the
southwesterly line of Lot 4 of Block C;
thence, leaving said southwesterly line, North 27d 13' East,
91.92 feet, more or less, to intersect the northerly line of that
canal or body of water sometimes commonly known as "Oxbow Loop ",
said Oxbow Loop being a former bed of the Santa Ana River, as
said northerly line is described in that instrument titled
"Settlement and Boundary Line Agreement, State and City Deeds and
Corporation Deed regarding Certain Lands in the County of Orange,
California, BLA No. 26G I., between the State of California and
City of Newport Beach (as trustee and individually) as one party,
and Mobil Oil Corporation and Rancho Santiago Fartnertship as the
other party, recorded In Aujud- 19$5+ as Document No. 89- '4[r�^L,
Official Records (said instrument hereinafter called the "Bound-
ary Agreement" and said line hereinafter called the "Agreement
Line ");
thence southeasterly, easterly, northeasterly and southeasterly
along the Agreement Line the following forty (40) courses=
(1) South 80d 29' East, 39.11 feet;
('a') South 89d 50' East, 103.2 feet;
(3) South 83d 42' East, 70.7 feet;
(4) South 58d 21' East, 31.4 feet;
(5) South 71d 10' East, 100.3 feet;
(6) South 86d 40' 14" East (Rec. South 86d 39' East per
Boundary Agreement), 40.60 feet, more or less, to a point distant
South 17d 01' 20" West, 2.41 feet from a 4 ",<4" concrete monument
with a nail and tag marked "R.E. 4683" shown at the westerly
terminus of that course in the City of Newport Beach boundary
shown as "S 62d 45" E, 756.00"" on 65RS211
(7) South 65d 04' East, 60.9 feet;
(:_) South 73d 11' East, 200 feet;
(T) South 69d 14' East, 7:3.9 feet;
(10) South 75d 27' East, 17.5 feet;
File # 711 -P -1
LI
Tract 105, Marsh Restoration Area
Lower Santa Ana River (cont'd)
Fagg 3 of G Faces
(:_:rd Rev. 29 Aug 8 ?)
(11) South 71d East, 100.85 feet;
(12) South 66d 03' East, 100.1 feet;
(13) South 56d 55' East, 100.7 feet;
(14) South 63d 42' East, 99.1 feet;
(15) South 71d 15' East, 104.5 feet;
(16) South 70d 54' East, 100.6 feet;
(17) North 84d 24' East, 26.1 feet;
(18) North 86d 43' East, 91.2 feet;
(19) North 75d 25' East, 100.2 feet;
(20) North 52d East, 106.7 feet;
(21) North 69d 07' East, 17.5 feet;
(22) North 41d 20' East, 90.6 feet;
(23) North 29d 22' East, 112.5 feet;
(24) North 17d 30' East, 91.2 feet;
(25) North 11d 50' East, 100.55 feet;
(26) North 15d 57' East, 100.05 feet;
(27) North 22d 52' East, 100,4 feet;
(28) North 39d East, 84.5 feet;
(29) North 43d 53' East, 100.9 feet;
(30) North 61d 31' East, 100.2 feet;
(3:1) North 6.6d 47' East, 101.1 feet;
(32) North 55d 40' East, 18.42 feet to a point in the right
bank at the mouth of that tributary channel of Oxbow Loop
File # 713 -F -1
0 0
Tract 105, Marsh Restcraticn Area page �, of S Faae=_
Lower Santa Ana River (ccnt''d) (3rd Rev. Aug -:j
described and named as "Bohn -Mack Slough" in the Boundary
Agreement;
(33) North 55d 40' East, 121 feet to a point in the left
bank at the mouth of said Bohn -Mack Slough;
(34) North
(35)' South
( :6 ) South
(37) South
(1%3) South
( 39 ) South
55d
51d
50d
3 1 d
34d
30d
40'
40'
12'
42'
15.
08•
East, 9.28 feet;
East, 136.x: feet;
East, 104.7, feet;
East, 89.5 feet;
East, 100.: feet;
East, 100 feet;
(40) South 28d 18' East, 25.54 feet, more or less, to
intersect an easterly prolongation of the northerly boundary of
Tract 772, as shown on tract map recorded 24 October 1925 as
Document No. 28363 in Back: 23, Pages 5 -6, of Miscellaneous Maps
(hereinafter called "23MM5 ") of Official Records of said county,
and being also an easterly prolongation of the southerly boundary
of Tract 46-01, as shown an tract map recorded 21 February 1963 as
Document No. 15735 in Book 175, Pages 26-27, of Miscellaneous
Maps (hereinafter called "175MM26), of said Offical Records;
thence, leaving the Agreement Line and crossing Oxbow Loop,
westerly along said prolongations and north line of Tract 772,
North 89d 45' 47" West (Rec. S. 89d 48: E. per 23MM5 and 175MM26,
and S. 89d 45' E. per 65RS31), 118.07 feet;
thence, leaving said boundary line and prolongation, North :2d
19' 56" West, 243.44 feet, more an less, to intersect a line
parallel with and 205.16 feet northerly, measured at right
angles, from said tract boundary and prolongation, at a point
distant along said parallel line South 89d 45' 47" East (Rec. N.
89d 48" W. per 175MM26), 165 feet from the northeast corner of
Lot 7 of Tract 4601;
thence westerly along said parallel line 165 feet to said
northeast lot corner;
thence westerly along the northerly line of Lot 7, North 89d 47'
4 File # 713 -P -i
Tract 105, Marsh Restoration Area
Lower Santa Ana Fiver (cont d)
Face S of Rages
( rd Rev. Auc
45" West (Rea. N. 89d 48' W. per 175MM26), 12.05 feet to an angle
point therein;
thence southwesterly along the northwesterly lines of Lots 7, 6,
5, 4 and :3 of Tract 4601, South 67d 44' 23" West (Rec. N. 67d 42'
10" E. per 175MM26), 204.15 feet to an angle point in the
northwesterly line of said Lot :3;
thence southwesterly along the northwesterly line of Lots 3 and 2
of said tract, South 48d 3'8` West (Rec. N. 48d 36' '20" E. per
175MM26), 59.61 feet to an angle point in the boundary of said
Lot
thence southwesterly along the northwesterly lines of Lots 2 and
1 of said tract, South 20d 11' 03" West (Rec. N. 20d 08' 50" E.
per 175MM26), 93.04 feet to the southwest corner, of Lot 2 and of
said Tract 4601;
thence easterly along the south line of Tract 4601, South 89d 45'
47" East (Rec. S. 89d 483' E. per 175MM26 and 23MM5, and S. 89d
4` E. per 65RS31), 6.56 feet, more or less, to intersect a
northerly prolongation of the westerly line of Block. 26, Tract
772,
thence, leaving said boundary common to Tracts 771, and 4601,
southerly along said prolongation and along the westerly lines of
Lots 12 through 4 inclusive, of said Block 26, South 19d 32'
West (Rec. N. 19d'28' 27" E. per 23MM5), 270.49 feet to a point in
the westerly line cfg Lot 4 which is the beginning of a tangent
curve to the right, concave northwesterly, having a radius Of 580
feet;
thence southerly and westerly along said curve and along the
westerly line of Block 26, across Sunset Drive, along the
northwesterly line of Block 12, across Lancaster Street, and
along the northerly line of Block 11, all in Tract 772, through a
central angle of 92d 09' 38" (Rec. 92d 09' 03" per 23MM5), an arc
distance of 932.93 feet, more or less, to the most northerly
corner of Lot 1 of Block. 11, a radial to said corner bearing
South 21d 42' 09" West (Rec. N. 21d 37' 30" E. per 23MM5), and
said corner being also a point in the southeasterly line of Grant
Street, 40 feet wide;
thence northwesterly, crossing said Grant Street at right angles
thereto, North 54d 10' 09" West (Rec. N. 54d 12' W. per 2:MM5),
21.02 feet, more or less, to intersect the northerly boundary of
5 File # 711 -R -1
Tract 105, Marsh Restoration Area Page L_ of : Pages
Lower Santa. Ana River (cont'd) (3rd Rev. _ Aug ")
Tract 772 shown as "S 88d 25' E, 366.30" on 23MM5 and as "S =8d
22' 30 "" on 65RS31;
thence westerly along said boundary, North 88d 23' 09" West,
100.50 feet, more or less, to an angle point therein;
thence northwesterly along said boundary, North 64d 39' 37" West,
112.67 feet, more or less (Rec. S 64d 43' E, 112.35 per 23MM5,
and N. •64d 40' 28" W., 11'2.34 per 65RS31), to intersect a
northeasterly prolongation of the northwesterly line of Block 10,
Tract 772, being also a northeasterly prolongation of the
southeasterly line of Highland Street, 30 feet wide;
thence northwesterly, crossing Highland Street at right angles
thereto, North 54d 09' 37" West (Rec. N 54d 12` W, per 23MM5 and
N. 54d 09' 00" W. per 65RS31), 30 feet, more or less, to inter-
sect a northeasterly prolongation of the southeasterly line of
Lot 8, Block 11 of Seashore Colony Tract, being also a northeast-
erly prolongation of the northwesterly line of Highland Street,
30 feet wide, as said lot and street are laid out and shown on
the map of Seashore Colony Tract recorded 20 July 1911 in Book 7,
Page 25, of Miscellaneous Maps, Official Records of said county;
thence, at right angles to last said course, northeasterly along
said prolongations, North 35d 50' 23" East (Rec. N 35d 48' E per
23MM5, and N 35d 51' 00" E per 65RS31), 43.12 feet;
thence North 50d 49' 23" West, 10.77 feet to a point in the top
of the southerly bank of Oxbow loop as shown on an American Land
Title Association Survey dated December 19:8, by Bobby 0.
Johnson, RLS 4140, recorded 3 March 1989 as F.S. No. 89 -1031 in
Book 121, Pages 40 through 43 inclusive, Records of Survey of
said county (said survey hereinafter called "121RS40 ")-,
thence, continuing generally along the top of said bank as shown
on 121RS40, the following eleven (11) courses numbered (41)
through (51) below:
(41) North 50d 49' 23" West, 54.06 feet;
(42) North 67d 05' 56" West, 143.c .'1 feet to the beginning
of a non - tangent curve to the right, concave northeasterly,
having a radius of 171.76 feet, a radial to said beginning point
bearing South 15d 59' 16" West;
c File # - 13 -P -1
0
Tract 105, Marsh Restoration Area
Lower Santa Ana. River (ccnt`'d)
0
page 7 of 8 Pages
( 2rd Rev. 29 Aug 4 )
(43) westerly and northwesterly along said curve through a
central angle of 44d 52' 12 ", an arc distance of 1 ^34.51 feet,
more or less, to the ending point thereof, a radial to said point
bearing South 60d 51' 28" West;
(44)
North
51d
39'
57"
West,
1::.68
feet;
(45)
North
71d
28'
26"
West,
158.94
feet;
(46)
North
74d
04'
07"
West,
89.52
feet;
(47)
North
77d
31'
58"
West,
56.62
feet;
(4:)
North
58d
33'
52"
West,
19.66
feet;
(49)
North
73d
22'
45"
West,
34.51
feet;
(50)
North
82d
41'
29"
West,
29.58
feet;
(51) South 59d 31' 52" West, 60.07 feet, more or less, to
intersect a northerly prolongation of the southeasterly line of
the aforesaid Summit Street (vacated);
thence southwesterly along said prolongation, South 35d 46' 08"
West (Rec. N. 35d 57' 30" E. per 65RS31), 31.05 feet, more or
less, to a two- inch - diameter iron pipe capped with a brass disc
stamped "R.L.S. 1068" at the intersection of a westerly boundary
of the City of Newport Beach, as shown in aforesaid City Map No.
159 -2055, with the northwesterly terminus of that course in the
Decreed Line shown as "N 78d 00' 2211, 517.70'" on 65RS31.,
thence North 60d 52' 54" West, 15.11 feet, more or less, to the
POINT OF BEGINNING;
and containing 8.19 acres of land, more or less;
SUBJECT TO all easements, leases, licenses, permits and rights -
of -way of record now in effect, including, but not limited to,
that subsurface pass- through easement in favor of the City of
Newport Beach, a municipal corporation, described in instrument
recorded 23 April 1985 as Document No. 85- 143929, of Official
Records, and that easement for electric line, from Signal Oil and
Gas Company in favor of Southern California Edison Company, dated
S March 1961 and recorded 5 April 1961 as Document No. 2695 in
Book 5679, Page 247, of Offical Records, and that certain Partial
Assignment of Lease from Armstrong Petroleum Company in favor of
7 File # 713—P -1
Tract 105, Marsh Restoration Area
Lower Santa. Ana River (cont'd)
0
Page of 8 Paaes
(::rd Rev. 2'9 Aua =')
City of Newport Beach, a municipal corporation, dated 30 March
19e3 and recorded 12 April 1983 as Document No. 83- 151674, of
Official Records, and that Quitclaim Deed from Armstrong Petro-
leum Company in favor of City of Newport Beach, a municipal
corporation, dated 31) March 198'3 and recorded 12 April 192 as
Document No. 83- 151675, of Official Records of said county;
AND THE BASIS OF BEARINGS for the description above being the
same as for 65RS:31, noting, however, that the basis of bearings
for Tract 772 in 23MM5 and for Tract 4601 in 175MM26 was the
north line of aforesaid Section 20, and that bearings in said
tracts in the description above have been rotated to conform with
65RS31, and with distance measurements in 121RS40.
OF DESCRIPTION / / / / / / / / / / / / / / / / / / / / ///
Original Description, 2 May ^'a', by R.W.N.. Chk.d b•,.• S.E.
1st Revision, 6 Jul _:97 by R.W.N., Chk:d by S.B.
2nd Revision, 19 Jul S9 by R.W,N., Chkd by E.B.
REVISED, '"? AUG .=.9: F l) db- CHECF:ED
File # 71:3-P -1