Loading...
HomeMy WebLinkAboutGeneral - 1946-1948Law offices Boland Thompson Thompson, Bradley & Bowman George EBndlg Smoa 208 Spurgeon Bmlding Frank LBowmen Santa Ana,Cah&rnia Jan. 31, 1948 Frank L Rinehart City Clerk City Hall Newport Beach, Calif Dear Frank: The Council ,,ould probably be interested in the fact that the application of the Vista Land Company to locate Valentine scrip on lands claimed by the City of Newport Beach has been denied, and I am sending you notice of the denial. The applicant, Vista Land Company, filed a petition for rehearing, which was denied, as per Order enclosed. y truly yours, RT :tc Oland Thompson Encl Mae Telephones 6278 4279 1 -485 (January 1939) UNITED STATES DEPARTMENT OF THE INTERIOR OFFICE OF THE SECRETARY WASHINGTON Zs, D. C. October 30, 1947 ADDRESS ONLY THE SECRETARY OF T17E I14TERIOR Refer to.- . ... 4-24460 ---------------- --_, Vista Land Company Involving Los Angeles 062269 "K" City Attorney of Newport ,- Beach_ _- (A- 2llb0) Sir: Motion denied October 24„ 1947 Spate 208 Spurgeon Building Santa Ana, California. --- --- .... -- --- - - - - -- -- --- - _- --- ------ - --- -- -- -•- -- --- Enclosed find copy of Department decision in above- entitled case. Sincerely yours, Chief, Docket Section, ` Office of the Solicitor. 24916 I u ...^ UNI'ZED STATES 1201241 OPF THE tM tIOk Office of the Secretary Vashington 25, D. C. 024460 October 24, 1947 Try?" Vista Iena Caxpax, Los Angeles 062269. : Valentine scrip application rejected, liction denied. MOTION FOR W V IG OF SUPERVISORY POUF The 3ureau of band Management rejected the application of Vista Land C .�ompany to locate Valentine scrip or certain land in California (17 Stat. 649). In a decision dated April 23, 1947, the Department affirmed this rejection: and on June 17, 1947, denied the applicant's motion for rehearing. The applicant halSJno�a "filed a motion for the exercise of supervisory power (43 CrR 221.02). The regulation under which this motion is filed requires a "positive showing of extraordinary emergency or exigency". No such showing is made by the applicant. Furthermore, the motion presents no new facts or points of law relevant to this proceeding which we_e not considered and answered in the departmental decision of April 23, 1947, The motion is denied, (Sgd) C. Girard Davidson, sy_stant Secretary of the Interior. J This regulation was repealed or August 1,3, 1947, subsequent to the filing of the motion in this case. 26630 1 -485 (January 1939) 0 UNITED STATES DEPARTMENT OF THE INTERIOR OFFICE OF THE SECRETARY WASHINGTON 25, D. C. June 24, 1947 ADDRESS ONLY THE SECRETARY OF THE INTERIOR Refer to.. ... 7: 4460 Vista Land Company Involving Los Angeles 062269 "K" Motion denied June 17, 1947 City.Attorney._of_.Newport, Beach_ ... CA- 24460) suite 208 Spurgeon Building ..... Santa Ana, California. ............ ............................... ............................... Sir: Enclosed find copy of Department decision in above - entitled case. Sincerely yours, Chief, Docket Section, Office of the Solicitor. II »s4s 0 UNITED STATES DEPAITHENT OF THE ri 'EHIOa Office of the Secretary :Washington A-24460 0 June 17, 1947 rrg n Vista lend Company Los Angeles 062269. Valentine Scrip application rejected. Motion denied. MOTION FOR _ AMR1UU This is a motion for rehearing by the Vista Land Company with respect to the Department's decision of April 23 which affirmed the rejec- tion of several Wyandotte, Porterfield, and Valentine Scrip applications, including the Company's Valentine Scrip application (Los Angeles 062269)0_ The motion presents no new facts or points of law which were not consid- ered and answered in the decision of April 23, Accordingly, it is denied. (Sgd) Warner W. Gardner, Assistant Secretary of the Interior. 2119 2 0 0 Law offices Roland Thompson TllompSon, Bradley & Bowman George E.Bradley Suite 208 Spurgeon Building Frank 1-Bowman Santa A ta,Cahfornia June 30, 1947 Frank L Rinehart City Clerk City Hall Newport Beach, Calif Dear Frank: Office Telephones 4278 4279 It would appea.� that the Vista Land Company made application for reYYaring on the question of cer- tain filings made bythem re Wyandotte, Porterfield and Valentine Scrip. As you will note, the rehearing was denied, as shown by the enclosed report, and I am sending; same to you for your files. Y--97 truly yours RT:tc ity Attorney Encl. Law Offices Roland Thompson Thompson,Bradley & Bowman Office Telephones George E.BradlU Suite 208 Spurgeon Building 4278 Frank L.Bowman Santa Ana,Califoraia 4270 May 16, 1947 To the Honorable Mayor and to the City Council, City Hell, Newport Beach, California Gentlemen: You will recall that there were various Wyandotte, Porterfield and Valentin scrip filings on land belonging to the City of Newport Beach, which the City authorized me to protest before the United States Department of the Interior. I believe that all these filings have now been disapproved of, and I enclose herewith the decis- ion rendered by the United States Department of the Interior, for the City files. RT:to Encl ery ru y yours, City Attorney ;77 +`� • UNITED STATES I}EP 2E1TT OF :TIM. I'_iTEFIIOA ' Office .40f., the Secretary' • ,.'Washington . A -24+60 .. .. $.pri1. 23, 1947 Florence A. Bicha'dson Los Angeles 062261-062269, . Long Beach Land 'Company incl Seaside Land Company Vista Land Com]o.a Wyandotte, Porterfield, and Valentine scrip applications rejected Affirmed APPFALS FROM TIM BUREAU 01 LAIM K0AGM ITT These are,appeals from. -the decision,of the Acting Director of,the Bureau of Land Management;'datred August 9, 1946,.rejeeting nine applications to locate. scrip on certain .land. in California. One application was, to locate Porterfield scrip issued under ,the-'act of April 11,7 1860: 0? Stat. 936),' two were for Wyandotte scrip issued under the treaties of DIarch 17, 1842 (11 Stat. 581,. 593),and.January'31,. 1955 (10 Stat. 1159, ri62), end the remaining six were to locate Valentine scrip issued under the act of April 5, 1872 (17 Stat. `649). All of the applications were accompanied by petitions to classify the lanfts sought as proper for scrip application under section 7 of the Taylor Grazing Act, as aierded (49' Stat. ,1976, 43 U. S. C, sec; 315f). The Acting Director did not pass upon whether the lands sought were public lands owned by the United ,States, or 'whether the applicants were'qualified to make the applications, qr whether the lards could be selected under the.partic- ular scrip used. But assuring an affirmative answer to these questions'in favor of the applicants-, he rejected their ap»lications on the .ground that it.. would not be in the public interest to classify. the., lands: sought as being proper for scrip acquisition, The Acting Director based his determination upon the fact that the lands..in,:five applications were wholly or,.partially .within the limits of the City of Newport Beach and that,the, remaining lands were on the beach or in the vicinity of the beach on:the'Califorr a Coast and possessed considerable present and potential recreational, residential, and business value. Fe also referred to the fact that the lands were in populated areas or accessible to populated areas. The Acting Director cited'in support of his ruling the DepartmentIs decision in J. C.. Aldrich, _ Ir. p. . , (A.24o4l),._Janaary 4, 1946, and the General Land Office now Bureau of pe.nd. Management) 'decision in M. N. Young et al (Los Angeles 053600, etc.), approved by the Department on March 29, 1946. Both cases involved 32 Valentine scrip applications filed on land in the same general vicinity; in fact, some of the applications were for tracts adjoining those sought here. After the Acting Directorts decision was rendered, the Department denied motions for reconsideration of its decisions in the tcro cases. J. C. Aldrich, I. D. (A+ 24041); M. N. Young et al, I. D.. — (A-24329-ri0), both decided February 26, 194' ., — — A- 2446te In the Aldrich and Youn — d'eci§ Bns; th'e.Dep,artment exhaustively discussed the ground's upon which the applications we`re xe.jectod. Briefly, so far as is pertinent here, they were as follows: By 'Executive Order No. 6910 of November 26, 1934, all vacant., preser"{Cd, and unappropriated public lands in California and other states were withdramn from settlement, location, sale, or entry and re— " served for classification. These lands were therefore not subject to scrip location until. Congress amended section 7 of the Taylor Grazing Act, su ra, to permit scrip,`ocatlon on,'or.other arnnlica.tions for, the withdrawn lands upon their classification by the Secretary as being {fpro-nern for ,scrip or'o'ther acquisition. In the exercise of this discretion, the Secretary may .con'sider factors of public' iri.terest, ix.:determining whether land is :properly subject to scrip locatior.;'h% is. not restricted simply to a consideration of whether the land meets the criteria described in the original scrip act. In the case of the applications involved in the Aldrich and Young decisions, it was decided that the lands sought should riot be',classified as proper for scrip application because they fronted on harbors or ocean beach in several Southern California cities and possessed unquest onable industrial, recreational and residential values. The appeals under consideration here are' substantially identical with those in the Aldrich and Young cases. They present the same contentions that were fully discussed and'disposed of in the Aldrich'a.nd Young decisions of .Pebraury 26, Although the letter were not concerned with Porterfield or Uyandotte'scrip, the . principles stated in the, decisions and, summarized above are just as applicable to the location of Porter_ield or Wyandotte scrip as to Valentine scrip.. . he o'nly.point which needs to be here considered is whether the Acting Direc- tor:was'correct in deciding that it is not .in.the ; mblic interest. to classify the lands in question as being proper for scrip application. An examination of the diagrams submitted rrith the applications .shows t.at,.he was correct,,,,The tracts 2.pplied for form an almost unbroken str }p of land over four miles long which. comprises practically the entire northerly shore of Newport Bay. Most of the ' land is. within 'the Yi3its of the City of 27e`:.po'rt Beach and' is �. thin an area of industrial', 'recreational, or residential develolz,.ett. As previously'stated; ' portions 'of the '1amd'ad i oi;n tracts which were included'in scrip applications rejected ,in.the'Young decisions because of their similar location. Clearly it:. would not, be iri the public interest to classify such valuable lands as being proper'for; acquisition by private parties through 'the.location of scrip. Since the scrip.appli.cations here in'no essential respect differ from those rejected in the Aldrich and Young decisions,' they were properiy'rejected by', the.Acting Director, &is decision is, therefore., affirmed. J. (Sgd) Oscar L. Chapman, under Secretary of the Interior, 01 1 17709 2 0 • Law offices Roland Thompson Thompson, Bradley & Bowman Office Telephones George. li.Bradley Snits 208 Spurgeon Building 4278 Frank L.Bowman Santa Ana,Califorllla 4279 September 3, 1946 Commissioner of the General Land Offioe United States Department of the Interior Washington, D. C. Dear Sir: On or about August 8, 1946, Paoifio View Land Company, o/o U. T. Clotfelder, Attorney, 916 W. P. Story Bldg., 610 S. Broadway, Los Angeles (14) California, filed speoial Certifioate of Looation No. 064374 for 40 aores more or lees of Valentine Land Sorip issued pursuant to Aot of Congress, April 15, 1872, (17 Stat. 659), with the Federal Land Offioe of Los Angeles, California, with applioation to locate the same on the lands hereinafter desoribed, and also with applioation for olassifioation and opening the said lands for the said looation under Seotion 7 of the Aot of June 28, 1934 (48 Stat. 1272) as amended, the said land being situate in the County of Orange, State of California, and being partioularly desoribed in said applioation as follows: A paroel of land in the City of Newport Beaoh, Orange County, California, lying Southeasterly of Ooean Front between the oenter line of Main Street and the South line of Township 6 S., Range 10 West, S.B.B.& M., as said Ooean Front, said Main Street, and said Township are shown on Map of the City of New- port Beaoh and Vioinity, revised to 9/15/41 on file in the offioe of the City Engineer of said Newport Beaoh, said paroel of land being more partioularly described as follows: Beginning at the Southeast Corner of Seo. 35, Twp. 6 S., R. 10 W., S.B.B.& M., thenoe Westerly along the South line of said Seotion 35 to a point in the Southerly line of said Ooean Front, said point being the true point of beginning; thenoe continuing Westerly along the South line of said Seotion 35, to a point in the line of mean high tide of the Paoifio Ooean; thenoe Northwesterly along said line of mean high tide to a point in the southwesterly prolongation of the oenter line of said Main Street; thenoe Northeasterly along said South - westerly prolongation of the oenter line of Main Street and /or the oenter line of said Main Street to a point in the Southerly line of said Ooean Front; thenoe Southeasterly along said Southerly line of said Ooean Front to the point of beginning; Containing 40.00 acres more or less. The said Speoial Certifioate for 40 aores more or lees was, on or about August 8, 1946, reoeived by the Register of the Distriot Land Offioe at Los Angeles, California, and given Serial No. 064374. Commissioner of the General Land Office Page 2 Washington, D. C. SepteYnber 3, 1946 The undersigned, City of Newport Beach, a Municipal Cor- poration of the Sixth Class of the State of California, and located in Orange County, California, does hereby protest and object to the granting of the within and foregoing enumerated application, and does respectfully scab #tit that the Department has no jurisdiction other than to deny and dismiss the application, upon the following grounds. 1. All of said described lands are not public lands subject to the jurisdiction of the Department, but the same, on august 8, 1946, and for many years prior thereto, were and now are privately and otherwise owned in fee and held under adverse possession and occupancy as follows; Said lands heretofore described are now, and for many years prior to August 8, 1946, have been within the corporate limits of the undersigned City of ! Newport Beach, a Municipal Corporation, of the State of California, aforesaid, incorporated August 27,1906. 2. All of the above - described lands, on August 8, 1946, and for many years prior thereto, were not, and are not now unoccupied and unappropriated public lands of the United States, hence not sub- ject to location and /or classification for opening and /or loca- tion under any act of Congress whatever. 3. All of said lands above described are along the waters of the Pacific Ocean, and constitute water front, and are now being used extensively for recreational, residential, business, and indus- trial purposes, and are in highly populated areas, and accessible to highly populated areas. 4. From the description, it would appear that most of the lands here- tofore described are lands lying between the business section of the City of Newport Beach and the waters of the Pacific Ocean, and are very extensively used by thousands of bathers and seekers of recreation in the City of Newport Beach and elsewhere in southern California. The City of Newport Beach has always main- tained said beach front, kept the same clean of rubbish and debris, policed the same, and has always had life guards and safety devices of various descriptions for the use of the public on said beach front; and said City has, through regulations and ordinances, prohibited the use of said beach front for business and has kept the same free for the use of the general public, and the general public has, in the years past, and is now using said beach front for recreational purposes. Practically the only improvement on the beach front consists of a wharf extending into the waters of the Pacific Ocean, which is now being used for fishing, recreation, and for the use of boats and vessels of various descriptions. 0 0 Commissioner of the General Land Office Page 3 Washington, D. C. September 3, 1946 This protest has been ordered filed with your Department pursuant to order of the City Council of the City of Newport Beach dated the 3rd day of September, 1946. Respectfully submitted, CITY OF Iv'E1 PORT BEACH By � . Mayor By ATT ST: City Attorney f--a city Clerk Subscribed and sworn to before me this day of September, 1946. Notary Public in and for the County of Orange and State of California LAW C£S • ROWLAN. OMPSON SUITE 210 SPUROEON BL00. SANTA ANA, CALIFORNIA Commissioner of the General Land Office U. S. Department of the Interior Washington, D. C. • Law Offices Roland Thompson Thompson, Bradley & Bowman P Office Telephones George E.Bradley Suite 208 Spurgeon Building 4278 Frank LBo an Santa ArLaXalifOrnia 4279 August 27, 1946 Hon. Mayor and City Council Newport Beach, California Gentlemen: You will recall that you authorized me to prepare a protest in reference to certain filings which had been made by Florence A. Richardson and Seaside Land Company, a Nevada Cor- poration, to the Commissioner of the General Land Office, U. S. Department of the Interior. These filings were on city -owned property and were made by the parties under Porterfield Land Scrip and Valentine Land Scrip. The protest was signed by the Mayor and myself on or about July 22, 1946. We have received reliable information that the filings in both cases were denied by the General Land Office, which now clears the DrODerty insofar as these two filings were concerned. However, I received word today from the Orange County Title Company that a concern calling themselves the Pacific View Land Company have filed Special Certificate of Location, Serial No. 064374, Valentine Scrip Entry, in the Federal Land Office at Los Angeles on the 8th day of August, 1946, on a parcel of land in the City of Newport Beach, Orange County, California, lying southeasterly of Ocean Front between the center line of Main Street and the south line of Twp. 7 S., Range 10 W., S.B.B.M. which land is particularly described by metes and bounds and contains 40 acres more or less. of which RT := Encls- have prepared a protest to this filing, the original am enclosing for the action of the City Council. Very truly yours, Roland Thompson City Attorney, City pf Newport Beach • • Law Offices Roland Thompson Thompson, Bradley & Bowman p Office Telephones George E.Bradley Suite 208 Spurgeon Building 5278 Frank LBowniau .A 4279 SflIlia Ana, California July 23, 1946 Frank L. Rinehart City Clerk City Hall Newport Beach, California Dear Frank: Herewith please find original and copy of letter to the Commissioner of the General Land Office, United States Department of the Interior, 'fashington, D. C., for signature by yourself and the innyor. Please send the original to the Co-yriiissioner when you and the ;iiayor have signed the sa „e, and retain copy for your files. Very truly yours, RT : City Attorney KT”' ncls- • Roland Thompson George E.Bradley Prank. L.Bowman • Law Offices Thompson,Bradley & Bowman State 208 Spurgeon Building Santa Ana, CiallfoTTll9 July 22, 1946 Commissioner of the General Land Office United States Department of the Interior Washington, D. 0. Dear Sir: Office Telephones 4218 4.2.73 On or about April 1, 1946, Florence A. Richardson of 722 Lincoln Blvd., Santa Monica, California, filed Special Certift- oate of Location No. 100 for forty (40) sores or less, of Porter- field Land Soripl issued pursuant to Special Act of Congress April 11, 1860, 12 Stat. 1936, with the United States Land Office at Los Angeles, California, with application to locate the same on the lands hereinafter described. The lands herein mentioned are located in the City of Newport Beach, County of Orange, State of California, and more particularly described in said application as follows: That certain parcel of land in the City of jiewport Beach, County of Orange, State of California, lying between the line of Mean High Tide of the Pacific Ocean and Courses 1271 128, 129, 130, 131 and 132, Survey of Rancho Santiago de Santa Ana as shown on map of said Rancho Santiago de Santa Ana recorded in Book 3, Pages 420 to 423 of Patents, records of Los Angeles County, California, and extending from that portion of the City Boundary line of Newport Beach lying along the Easterly line of iiewport Beach Boule- vard, 60 feet wide, to that portion of said City Boundary line which bears North 290 001 00„ East along the North- westerly side of Balboa Bay Shores, as said City Boundary lines, said Newport Beach Boulevard and said Balboa Bay Shores are shown on Map of the City of Newport Beach re- vised as of September 15, 1941, on file in the office of the City Engineer of Newport Beach, Orange County, Califor- nia) said parcel of land being more particularly described as follows: Beginning at the Southwest corner of Section 27, Township 6 South, Range 10 Nest1 S. B. B. & M. as shown on map of said Newport Beach; thence Northerly along the nest line of said Section 27 to a point in Course 129 of said Rancho Santiago de Santa Ana, said last mentioned point being the true point of beginning; Thence Northwesterly along said Courses 129, 128 and a portion of 127 to a point in said portion of the City 0 Commissioner of the General Land Office Washington, D. 0. 0 Page 2. July 22, 1946 Boundary line lying along the Easterly line of said Newport Beach Boulevard; thence South 450 00' CON East in a direct line to said line of Mean High Tide; thence Southeasterly along said line of Paean High Tide to a point in said portion of the City Boundary line which bears North 290 001 000 East along the Northwesterly side of said Balboa Bay Shores; thence North 290 00' 000 East along said last mentioned City boundary line to a point in course 132 of said Rancho Santiago de Santa Ana; thence Northwesterly along the boundary line of said Rancho Santiago de Santa Ana and /or said City Boundary line, whichever is the most Southerly, to the true point of beginning; containing 40 acres or less* The said Special Certificate of Location No. 100 was, on or about April 10 1946, received by the Register of the District Land Office at Los Angeles. California. and Riven Register Number 062261. On or about April 1, 1946, Seaside Land Company, a Nevada corporation with principal place of business at 511 North Carson Avenue, Carson City, Nevada, filed Special Certificate of Location No. E -272 for 19 acres or lase, of Valentine Land Scrip issued pursuant to Act of Congress, April 5, 1872. (17 Stat. 649), with the United States Land Office at Los Angeles, California, with application to locate the same on the lands hereinafter described, and also with application for classification and opening the said lands for the said location under Section 7 of the Act of June 28, 1934, (48 Stat. 1272) as amended June 26, 1936, (49 Stat. 1976), the said land being situate in the County of Orange, State of California, and being particularly described in said applicatinn as follows: A parcel of land in the City of Newport Beach, County of Orange, State of California, said parcel of land lying in general between the Northerly boundary line of said City of Newport Beach and the line of Mean High Tide of the Pacific Ocean and extending from the Westerly line of Lot 62, Beacon Bay to approximately 120.00 feet North- easterly from the Northeast boundary of Balboa Yacht Basin as said Northerly City Boundary line, said Lot 68 and said '*'boa Yacht Basin are shown on the map of the City of Newport Beach, revised as of September 15, 1941 on file in the office of the City Engineer of said Newport Beach, said parcel of land being more particularly described as follows: L Oomissioner of the General Land Office Washington, D. 0. • Page 3 July 220 1946 Beginning at the Northwest corner of Section 35, Town- ship 6 South, Range 10 Meet, S.B.B. & M. as shown on said map of Newport Beach; thence Southerly along the Westerly line of said Section 35, a distance of 581.40 feet; thence South 710 541 00" Nast in a direct line to an angle point in said Northerly boundary line of said Newport Beach, said last mentioned distance, bearing an angle point being as shown on said map of Newport Beach, said angle point being also the true point of beginning: Thence Southeasterly along said City Boundary line of said Newport Beach to the line of Mean High Tide of the Pacific Ocean; thence Southwesterly along said line of Mean High Tide to a point in the City Boundary line of said Newport Beach, thence Northerly and /or Northwester- ly and Northeasterly along said boundary line of Newport Beach to the true point of beginning; containing 19 acres or less. The said Special Certificate No. Se-278 was, on or about April 1, 1946, received by the Register of the District Land Office at Los Angeles, California, and given Register No. 068265. On or about April 1, 1946, Seaside Land Company, a Ne- vada Corporation with principal place of business at 511 North Carson Street, Carson City, Nevada, filed Special Certificate of Location No. E -872 for 1 &ore or lose of Valentine Land Scri , issued pursuant to Act of Congress, April 5, 1878 (17 Stat. 649, with the United States Land Office at Los Angeles, California, with application to locate the same on the lands hereinafter de- scribed, and also with application for classification and open- ing the said lands for the said location under Section 7 of the Act of June 28, 1934, (48 Stat. 1273) as amended June 261 1936, (49 Stat. 1976), the said land being situate in the County of Orange, State of California, and being particularly described in said application as follows: A parcel of land in the City of Newport Beach, County of Orange, State of California, said parcel of land lying between the line of Mean High Tide of the Pacific Ocean and that portion of the Northerly City Boundary line of the City of Newport Beach which intersects the Northerly prolongation of the center line of Marine Avenue an said boundary line and said Marine Avenue axe shown on Map of City of Newport Beach, revised as of September 15, 1941, on file in the office of the City Engineer of said Newport 0 Commissioner of the General Land Office Washington, D. 0. 0 page 4 July 22,1946 Beach, said parcel of land being more particularly de- scribed as follows: Beginning at the Northeast corner of Section 35, Town - ship 6 South, Range 10 asst, B.B.B. & M. as shown on the Official Map of Orange County on file in the office of the Orange County Surveyor, Santa Ana, California; thence 'Westerly along the North line of said Sectict '35 to a point on the Northerly prolongation of the center line of saki Marine Avenue; thence Southerly along said Northerly prolongation and /or the center line of said Marine Avenue to a point in said Northerly City Boundary line of said Newport Beach, said last mentioned point being the true point of beginning; Thence Last and South along said City Boundary line to the line of Bean High Tide of the Pacific Ocean; thence Westerly along said line of Mean High Tide to a point in said City Boundary line of Newport Beach; thence North and East along said City Boundary line to the true print of beginning; containing one acre more or less. The said Special Certificate No. 2-272 for 1 acre or is a was, on or about April 10 1846, received by the Register of the District Land Office at Los Angeles, California, and given Seri No. 068266. The undersigned, City of Newport Beaoh, a Municipal Cor- poration of the Sixth Class, of the State of California, and lcos- ted in Orange Oounty, California, does hereby protest and object to the granting of the within and foregoing enumerated applioa- tions or either or any of them, and does respectfully submit that the Department has no jurisdiction other than to deny and dismiss the applications and each of them, upon the following grounds: 1. All of said described lands are not public lands subject to the jurisdiction of the Department, but the same, on October 21, 1943, and for many years prior thereto, were and now are pri- vately and otherwise owned in fee and held under adverse possession and occupancy as follows: Said lands heretofore described now are, and for many years prior to April 19 1946, have been within the corporate limits of the undersigned City of Newport Beaoh, a Municipal Corpora- tion of the State of California, aforesaid, incorporated August • Commissioner of the General Lead Office Page 5 Washington, D. C. July 22, 1946 87, 1906. A portion of said lands described under Special Certifi- oate of Location No, 100, Registered No. 0688619 are privately owned and have been transferred and re- transferred under private owner- ship, and are highly improved with industrial plants of various descriptione- -boat building plants, machine shops, restaurants, motels, and many other industrial uses. 2. The fee title to portions of said lands now, and for many years prior to April 1, 19469 has been vested in the undersigned City of Newport Beach, and is and has been in the possession and occupancy of the undersigned, and a portion of the lands described under Special pertifioate of Location No. E 372 aforesaid registered number 062265, has been subdivided, and many beautiful and valuable homes have beenereoted thereon. Part of said looLtion constitutes a yacht basin, which is now being used, with- piers, wharvess and boat slips, and has been so used for many years last past. All of said lands described under Special Certificate of Location No. E 372 belongs to the City of Newport Beach and has been in its possession and under its control for many yens last past, and the City of Newport Beach maintains public street@ and aeeements, and other buildings and improvements on said described premises. 3. All of the above - described lands, on April 1, 1946, and for many years prior thereto, were not, and are not now unoccupied and unappropriated public lands of the United States, hence not sub - jeot to location and/or classification for opening and /or location under any Act of Congress whatever. 4. All of said lands above described are along the waters of the Pacific Ocean in Newport Harbor, and constitute water front, and are now being used extensively for Yeoreational, residential, busi- ness, and industrial purposes, and are in highly populated areas, and accessible to highly populated areas. This protest has been ordered filed with your Department pursuant to order of the City Council of the City of Newport Beach dated the let day of July, 1946. Respectfully, CITY OF NZWPORT BEACH By. Mayor ATTEST: / By City AttOYAey City Clerk