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HomeMy WebLinkAbout1345 - Construction for the Purpose of Commerce & Navigation1 2 3 . 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 LAW OFFICES OF ROLAND THOMPSON 210 SPURGEON BUILDING SANTA ANA. CALIFORNIA T / RESOLUTION NO. 1 ;tom WHEREAS, there has this day been presented to the City Council of the city of Newport Beach a certain agreement of lease A�r dated the day of May, 1936, wherein the city of Newport Beach is referred to as the party of the first part, and J. A. Beek, of Newport Beach, California, is referred to as the party of the second part; and WHEREAS, said agreement of lease provides that the first party leases, demises and lets unto the party of the second part upon the terms and conditions therein mentioned, for the construction and maintenance of docks, trays, boat landings, ferry slips, waiting rooms and other appurtenances, for the purpose of commerce and navigation, those certain properties described as follows, to -wit: All tide lands and other real property adjacent thereto belonging to the city of Newport Beach, lying within the following described exterior boundary lines in the city of Newport Beach: Beginning at a point in the southeasterly line of Palm Street, which point is 131.43 feet northeasterly of the north- easterly corner of Bay Avenue and Palm Street (measured along the southeasterly line of said Palm Street); thence north- easterly along the northeasterly prolongation of the south- easterly line of said Palm Street to its intersection with the Pier Head Line, which Pier Head Line is 100 feet north- easterly of and parallel with the bulkhead.line extending from U. S. Bulkhead Station No. 112 to U. S. Bulkhead Station No.113; thence northwesterly along said Pier Head Line to its inter- section with the northeasterly prolongation of the northwesterly line of said Palm Street; thence southwesterly along the afore- said northeasterly prolongation of the northwesterly line of Palm Street, to a point in the said northwesterly line of Palm Street, which point is 135 feet northeasterly of the northwester corner of Palm Street and Bay Avenue (measured along the north- westerly line of said Palm Street); thence southeasterly in a direct line, to the place of beginning. Also, beginning at the intersection of the southwesterly prolongation of the north- westerly line of Agate Avenue and the bulkhead line extending from U. S. Bulkhead Station No. 157 to U. S. Bulkhead Ration No. 158, as said Bulkhead Stations and Bulkhead line are laid out and shown upon a map of Newport Bay, California, showing harbor lines approved by the War Department January 18th, 1917; 1. * G -3 1 2' 3 • 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 irk 27- 28 29 30 31 32 LAW OFFICES OF ROLAND THOMPSON 210 SPURGEON BUILDING SANTA ANA. CALIFORNIA thence North 430 521 West along said Bulkhead line a distance of 91.44 feet to a point; thence south 460 081 West a distance of 50 feet to a point; thence south 430 521 East a distance of 147.07 feet to a point; thence North 460 081 East a distance of 50 feet to a point in the aforesaid Bulkhead Line; thence North 430 521 West along said Bulkhead Line, a distance of 55.63 feet to the place of beginning, for a term of 25 years from the let day of June, 1938; and WHEREAS, the City Council of the City of Newport Beach deems that it is for the best interests of said city of Newport Beach that said Agreement of Lease be entered into upon the terms and conditions therein set forth. NOWT THEREFORE, BE IT RESOLVED: That the Mayor and City Clerk of the city of Newport Beach be, and they are hereby directed, instructed and authorized to execute said Agreement of Lease in the name of and on behalf of the city of Newport Beach, and that the City Clerk deliver a duly executed copy thereof to the party of the second part therein named. I hereby certify that the above and foregoing Resolution was duly and regularly passed and adopted by the City Council of the city of Newport Beach at an adjourned regular meeting thereof held on the 16th dayrof May, 1938, by the following vote, to —wit: lllu� .� • , � 1 s �� 1 F NOES, COUNCILMEN: 1 6-I e- ABSENT, COUNCILMEN: Mayor of the city of Newport TTEST: Beach e � 3 1 2 3 • it FE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 LAW OFFICES OF ROLAND THOMPSON 210 SPURGEON BUILDING SANTA ANA. CALIFORNIA THIS AGREEMENT OF LEASE made and entered into this day f May, 1938 b and between the City of Newport Y � Y Y Beach, a Municipal corporation of the sixth class of Orange County, California, party of the first part, and J. A. Beek, of the City of Newport Beach, Orange County, California, party of the second part. - - - W I T N E S S E T H - - - That for and in consideration of the annual payment of $15.00 on the part of the party of the second part, and in consideration of the party of the second part constructing certain waiting rooms on the lands hereinafter described, in accordance with plans and specifications now on file in the office of the Building Inspector of the city of Newport Beach, and other valuable considerations, the receipt of which is hereby acknowledg ed by the party of the first part, the party of the first part does hereby lease, demise and let unto the party of the second part for the construction and maintenance of docks, ways, boat landings, ferry slips, waiting rooms and other appurtenances, for the purpose of commerce and navigation, those certain properties described as follows, to -wit; All tide lands and other real property adjacent thereto belonging to the city of Newport Beach, lying within the following described exterior boundary lines in the city of Newport Beach; Beginning at a point in the southeasterly line of Palm Street, which point is 131.43 feet northeasterly of the north- easterly corner of Bay Avenue and Palm Street (measured along the southeasterly line of said Palm Street); thence north- easterly along the northeasterly prolongation of the south- easterly line of said Palm Street to its intersection with the Pier Head Line, which Pier Head Line is 100 feet north- easterly of and parallel with the bulkhead line extending from U.S. Bulkhead Station No. 112 to U. S. Bulkhead Station No.113; thence northwesterly along said Pier Head Line to its inter- section with the northeasterly prolongation of the northwesterly line of said Palm Street; thence southwesterly along the afore- said northeasterly prolongation of the northwesterly line of Palm Street, to a point in the said northwesterly line of Palm 1. T 3 • r 01 21 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ., W Street, which point is 135 feet northeasterly of the northwesterly corner of Palm Street and Bay Avenue (measured along the northwest erly line of said Palm Street); thence southeasterly in a direct line, to the place of beginning, Also,beginning at the inter- section of the southwesterly prolongation of the northwesterly line of Agate Avenue and the bulkhead line extending from U. S. Bulkhead Station No. 157 to U. S. Bulkhead Station No. 158, as said Bulkhead Stations and Bulkhead line are laid out and shown upon a map of Newport Bay, California, showing harbor lines approved by the War Department January 18th, 1917; thence North 430 521 West along said Bulkhead line a distance of 91.44 feet to a point; thence South 460 081 West a distance of 50 feet to a point; thence south 430 521 East a distance of 147.07 feet to a point; thence north 460 081 East a distance of 50 feet to a point in the aforesaid Bulkhead Line; thence North 430 521 West along said Bulkhead line, a distance of 55.63 feet to the place of beginning, for a term of twenty -five (25) years from the date hereof, said term to commence as ofthe 1st day of June, 1938, and ending on the 31st day of Dray, 1963. It is further understood and agreed by and between said parties that the City of Newport Beach may use for public purposes the comfort station in the waiting room located on the pier at the end of Agate Avenue, and within the property hereinbefore described, provided that the said city of Newport Beach shall maintain said comfort station and shall furnish janitor service for same. It is further mutually agreed by and between said parties that in the event that the first party herein shall find it necessary to use the docks or landings situated at the southerly and of Agate Avenue or the hortherly end of Palm Avenue, constructed and maintained by the party of the second part herein, for any purpose which shall not conflict with the operation of the vessels operated by the said party of the second part, it shal have the right to do eo providing it shall compensate the party of the second part for the use of such landings, floats and docks at a rate to be agreed upon between the two parties. In the event that the parties hereto shall fail to agree upon such rate LAW OFFICES OF ROLAND THOMP50N 210 SPURGEON BUILDING 2• SANTA ANA. CALIFORNIA T' a 11 21 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17' 18 19 20 21 22 23 24 25 26 27 28 it 29 30 31 32 L..W OFFICES OF ROLAND THOMPSON 210 SPURGEON BUILDING SANTA ANA. CALIFORNIA T 1 n= of compensation it shall be determined by a committee of arbitration to be composed of one representative of each of the parties hereto, and a third representative to be selected by the representatives of the two parties as provided herein. IN WITNESS WHEREOF, the party of the first part has hereunto caused its corporate name to be signed and its corporate seal to be affixed by its Mayor and City Clerk thereunto duly authorized by resolution of its City Council dated the day of " n,:4 1938, and the party of the second part 1 has hereunto set his hand the day and year first above written. CITY)OF NEWPORT BEACH, A Party of the first part Fadt of the second part 3. r ty Clerk r o 1 2 3 • 4 5 6 7 8 10- _'' 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 41 29 30 31 32 LAW OFFICES OF ROLAND THOMPSON 210 SPURGEON BUILDING SANTA ANA. CALIFORNIA r f STATE OF CALIFORNIA ) )) see COUNTY OF ORANGE On this day of 1938, before me, a Nota Public in and for said County and S e, per onally appeared J. A. BEEK, known to me to be the person whose name is subscribed to the fore- going instrument, and he acknowledged to me that he executed the same. WITNESS my hand and official seal. s Notary p is in an or said C ty and St to *NY ,:.:O:iQiriYi: ".';,taS. 37:9ires Sap[nrm3::r •/ qa STATE OF CALIFORNIA 3 Be. COUNTY OF ORANGE On this day of 1938, before me, a otary Public in and for said County an State, p rsonally appeared HARRY H. WITLIAMSON, known tome to be the Mayor, and FRANK L. RINEHART, known to me to be the City Clerk of the city of Newport Beach, and known to me to be the persons who executed the within instrument on behalf of the city of Newport Beach therein named, and they acknowledged to me that said City of Newport Beach executed the same. WITNESS my hand and official seal. Notary PuVlic in a for said Coopty and St to Ay Commission expires September 27, 1938 s.Tt P