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BY THE CITY COUNCIL CITY Of NEWPORT BEACH BY 11% fill COUNCIL JAN 091984 CiTY OF NEWPORT BEACH � •.?)C)nLimo ('_ DEC 12191�83s�_��,J�,�,�,,,^� TO: CITY COUNCIL Qp�pd tO�IU(i_1SY1 FROM: Utilities Department q` n Q a lgly f CITY COUNCIL AGENDA ITEM NO. , /l } 14 —;?, SUBJECT: ESTABLISHMENT-OF -'A ROYALTY .TRUST';WITHIN.THE.TIDELANDS TRUST FUND RECOMMENDATION: Approve an ordinance establishing a Royalty Trust Account within the Tidelands Fund. DISCUSSION: The City Council in December 1980 approved Resolution No. 9932 authorizing and directing the condemnation of certain real property for oil drilling, pass- through, and production purposes. In May of 1981, the City Council entered into a Joint Powers Agreement with the State Lands Commission for the construction of oil pumping and storage facilities for the Tidelands Oil Field located in West Newport. This agreement designated the City as the agent responsible for the performance of all actions needed for the acquisition, construction, and operation of the facilities and designated the City Finance Director to handle all receipts and disbursements. A majority of the owners of parcels under which oil is pumped from the Tidelands to the West Newport Field have granted the City subsurface pass- through easements in return for compensation. There, however, remain certain parcels on which the City in accord with both Resolution No. 9932 and the Joint Powers Agreement must proceed to judgment in the Superior Court of Orange County. The laws of the State of California provide that compensation for the taking of property must be paid into a trust fund maintained for the benefit of the property owners. This ordinance establishes such a trust fund within the Tidelands Trust Account. Any royalties accrued from subsurface pass- through rights for parcels whose owners have not granted easements would be deposited in this Trust Fund until an easement has been signed by the property owner. Separate accounts are presently maintained on each parcel and adoption of this ordinance would not add any additional administrative work to the present royalty system. This ordinance has been reviewed by both the City Attorney and the Finance Director. )'oseph De �. vlin tilitie Director JTD:bc ORDINANCE N0. .8 3 A 3 U i AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ESTABLISHING A TRUST ACCOUNT AS A DEPOSITORY FOR ROYALTY PAYMENTS MADE AS JUST COMPENSATION FOR PROPERTY ACQUIRED THROUGH EMINENT DOMAIN PROCEEDINGS (TIDELANDS TRUST). WHEREAS, in December of 1980, the City of Newport Beach adopted Resolution No. 9932 authorizing and directing the condem- nation of certain real properties for oil- drilling, pass- through and production purposes; and WHEREAS, the majority of the owners of parcels through which subsurface pass- through easements were required have grant- ed said easements to the City; and WHEREAS, there remain certain parcels on which the City of Newport Beach must proceed to judgment in the Superior Court of Orange County; and WHEREAS, in accordance with the laws of the State of California, just compensation for the taking of the property must be paid to the Court and subsequently deposited, by the Court, into a trust fund maintained for the benefit of the property owners; and WHEREAS, the City of Newport Beach, in accordance with Chapter 74 of the Statutes of 1978, holds the Tidelands in trust for the People of the State of California; and WHEREAS, in accordance with the Joint Powers Agreement dated May 8, 1981, between the City of Newport Beach and the State Lands Commmission, for Acquisition and Construction of Tidelands Oil pumping and Storage Facilities, the City has been .designated to perform all powers of the City and Commission to accomplish acquisition, construction and operation of the :facilities, including the designation of the City Treasurer to handle all receipts and disbursements required for the administration of the Agreement; and 0 WHEREAS, the City is strictly accountable for all receipts and disbursements made in the administration of the Agreement; and WHEREAS, the eminent domain proceedings instituted for subsurface, pass - through easements are an integral aspect of successful administration of the Agreement, and the City bears the responsibility to account for funds received and disbursed in connection therewith; and WHEREAS, these factors warrant the establishment within the City Tidelands Trust Account, of a Special Trust Fund into which just compensation in the form of royalty payments will be deposited to accrue at the legal rate of interest, with the City Finance Director holding said funds, in trust, for the Judgment Condemnees until such time as the Judgment Condemnees shall make application for disbursement. NOW THEREFORE, the City Council of the City of Newport Beach DOES ORDAIN: Section 1• The City Finance Director of the City of Newport Beach is directed to establish a trust account into which just compensation in the form of royalty payments on certain parcels shall be deposited, as directed by the Court in connection with Judgments in condemnation entered on these parcels. This account shall be referred to as the "Tidelands Trust Account (Condemnation)" and shall be used for no other purpose connected with the Tidelands, or otherwise. Section 2• The royalty payments so deposited into said trust account shall accrue at the legal rate of interest. Section 3• Upon application therefor, by the condemnees of the subsurface, pass- through rights, made to the City Finance Director of the City of Newport Beach, disbursement of royalty 2 y . payments, including interest accrued to that time, shall be made to the condemnees. Thereafter, royalty payments, as they accrue, shall be paid directly to the condemnees by the City of Newport Beach. Section 4: A status report of the Tidelands Trust Account (Condemnation) shall be included as past of the accounting made to the State Lands Commission by the City of Newport Beach. Section 5• At such time as all condemnees have made application. for and received royalty accruals from the City Finance Director and have arranged for future royalty payments to be made directly to the condemnees rather than to the Tidelands Trust Fund (Condemnation), the said Fund shall be terminated. Section 6: The royalty payment accruals on those parcels on which no application is made for disbursement of the Tidelands Trust Fund (Condemnation) royalty accruals, shall be subject to the operation of applicable Government or other Code sections dealing with unclaimed funds, held in the Tidelands Trust Fund (Condemnation) or in the official custody of City's officers for such time as prescribed by law; provided, however, that such unclaimed funds shall only be used for Tideland Trust purposes. M I A This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the day of DEC 12 , 1983, and was adopted on the day of , 1981 by the following vote, to wit: ATTEST: City Clerk RDG /dt ORP /Royalty AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS 4 5 W . 1, OU 1" 1119 thM9 VVV*Mt#i SO MIS, &YEA 4W r V. "4 CA, .44 ftw W7- Iv 21� t ve, I 2 ln� Nub MRVbmY w_ ii . It 94~1. ,w vski WAVE OIL eArUIPORM IA. 0. 0Y 4E- w. W.4 r L..i o.".w ;tl M1111"Oo f, wh.�" 44 IL 71 04 POWM lk E :�� _ ..... - GRARSS CCIMIY. CALIFORNIA B April 14, 1953 i 4 ' a On notion of Superylaor,MCFadden, duly seconded and carried, 9 the following Resolution was adopted-. T BS IT RESOLVED that Deed of Right of Way for Wright Street. y� City 9 dated March 23. 1953, from the i y of Newport leach. Grantor, to the 9 County of Orange, be and the saes is hereby accepted and oreered 10 recorded, 11 AYES: Sumvis {E MPH J. MChW IItIl1+4r SlitH C.R.FEATNBRLY. HEIf@.IWIt�,i@O �Di.is�Ff: i1RllE� in j NOES: SUFMISORS NONE if ABSBNTf SUPONISMS NOTE 14 1 15 STATE OF CALIFORNIA - 16 COUNTY Of ORANGE as , t , le I. B. J. Smith, Cfmty Clark and e:•9ffiaio Clerk of the Board s i 19 of Supervisors of Orange County. California. hereby certify that the - ....... i - and'- foregoing WoYution ms Au Y and ily.lagpted ti the sai 0 /l. Board at a regular meeting thereof held on the 14th day of April, 1953, !B passed by a unanimous vote of $sit Board. _ rB IN WITNESS VHMU DF, I have hereunto set my hand and seal this ■ ya lath day of Rpril, 1953. o. 26�. .. YB u e ah• fficio Cleik of V gTl d of Supervisors of Orange County, California. 28 meDORnaD AT;yACQUEST 01 •' ??� "' 0 r � 0 4 a s� i l.. ._,..._. 2 ;1tOR IlUMN90&ie_A1WE m Vlitl181wB1s AYO s 4;, 32Af6 OF CALIFORNIA ) u V COUNTY OF ORAM a,, WHOZAA. It Is the latentlw of the board of Boperwimrs 7i, of Orange '.ouaty. Ca]Srornia. t9 widen a. portion of that cortala 8 I� highvay commonly known ee MUM Nom?. IN the Maomd Road D1etrist. }y 9 and 10 { WHMEA9,. the necessary Right of Vey for cold widening 11;1 it more partlaularly described as follows, to -watt 12 A ■trip of land 0lgm ) feet to being rOrly (0101 Mt on 15 width and each aide r.f the ratio" bwrlbsd center line; 14 beginning at ore aatoyecotlem of 15 the center lines of theme oertmdm �! htgbemys soaonly kmewe as Iedtsarpolto 16 : Ave nun and VrlOil 2treat, sm" tnNr600. ties being the Vogt one•tm "sr sower 117 !, of section a. y.6 s., 11.10 t., ..R.s.b m., J ` according to a 0419110011306 ewecy In is Ramona Lu bole" by SAS *team 1Rmehea ' _ sampby. Rod rsnnUg tbamae teem add of beginning, n. on ion V. 19.. point 340 26A8.79 feet tc the _ 20 MetlaF�f-WOmem-��6�-�OR -'r' _.. ._ 26".38 feat to the omrAarfml S"u, m 21 corner om LM Vest lime er Sam " `` j said !.6 b:. 1.10 Y.; Uwe 3.00311i;Os W. 22 2633.37 foot to use N lb"ot cower or said section g; Wse X. 00 430 We V. 23 2643.11 feet to th0 ome- quarter eaotlec .corner on the Vest line of section 32. 24 f.5 b•. 2.10 •.. 1. P. D. m 11.; thens0 + .. A. 0' 431. 403 V. 2771.64 real to the 25 sorthweet career of said section )r; thence 0. 00 141 Eqs V. 2643.98 rest A.* 2% to the ome- quarter section career an :r the west line of section 29, said r.j 9.. R.lf, w.; thence N. 00 34' 700 V. ?647.07 .e -t t: th:r perthweet oornr r of mold ^.ecttor. ?9. ;n of vay herein r t: '. '.rent Sntmrxe'tincn 4 a s� i 0 urn M L J dt 0 C, A °o i d ! ! Wt ar+ 10 th0 gaiel UPS of the right at My p for Ylnterat" Asaame shall be 8; roandea With &.lore* lady a radios of 13.00 feet, a!i the latorowsuor. of the mlda 4b lines or the shame desorlhoO right of way with the aids lines of the F right or wy rOr Ulbort Avenue &ball to Maalil s11h a Serve having 6 u a `maw st ]? eB few%. 7 "a laderseetloo of W 814 liaee of the above 9 ' right or sw for NI m, smomlim 9 be r4mew HAIR a Owls 1 1-1 a g radios. at 19.00 lows. 109 44* 11 g the u E I 4!?a K a Wrr,..� eYa�Lt 9 14 1110 1 Of . Ado 11aM of el =S= 'd a of V Of * tb INC'S' �r le < be srr�M�> s t a7i�aan3i rdtw of :i.i0 foss. 17 1B ttta Al 4 ♦lore so Si* :/ K"Wh"4 20 f to aattNamralum of the vliao ng Or 21 said b1ghw•y w aiew 0 mad Of Lt leaetlts to 22 aoarws so we ana dui K me. k sack wlraynt. we the nodo- 2:: signed, ewa&", OSOeONAp MR Olalaaat& Of lud required for 24 hlghray pwrpsees oa Me UIW Of ,yhe foregel" 6e&ignat" 25 route, herby eig" ow approval of the widenie:r or ,a;n 29 highway, and do hereby oonment thereto; ar+d do hereby -ant wdlcate Rn easement In the lends helongi , ". - .�. " U , o fqr n. t`• e.uoe way 1.- ,r;.:I ram tn, 9 0 A RESOLUTION OF T'-F r"T CUU*Cl;,,.QF THE G-In OF 'UVIlurd BLACK A�IPROTING f.Iii; G _". :1.N' FRJ Earf FOR 7719 `3=1= i .; Or 4RIOHf GTREFT. �XERSAS, there h,P boon Prc�ented to the City Cow-cil of! 4 the City of X,wp,,rt D-,ch :. --iCht of -ay deed frop V'e City of Xpwoort !j,t nh t-- the —:!a.- of Orange, covering a 10 toot ctrip of certain r:-,�rty belonging to the City of X"Tort Beach, *ere- 7 In and •herz!"Y :;I,e;e to grented V) the toomty of Qp%nV @&1,. 11 foot strip for U'.. .:.:rvoae of wtdening WriAt btraot. so 10 IRMA$, there In no consideration rwmMjkg to the City 11 of K:�vpor% Veaeb from the. County of Orange for the transfer of 12 said 10 foot AtPIP, except the benefit to be derived from the wid, 13 onIng of sal' etreet; and 14 It aDreare to be for VW boat Interests of Us 15 elt1rene of the Ctty of Newport beach that cold pl&bt of way do" 16 be executed; MDW. THLPEMRZ. BE rf X&MVID that 1&4 City or Newport 17 is Beach deed to the County of Orange She 10 fewt Orip do 19 :I 1 sold deed dated February 16. 1953, owe the Myer and city oisrw 20 be, and the: am bqr�*W .gga _WAgg and air► U elevate S&14 21 Dova in behalf of me City or Newport beast. 22 The above a" foregoing Resolution was day &ad regidar. I 23 If passed and - adapted by Ow City Cousell. of the City of Newport 24 Beach at & regular meeting thereof hold on the day of 25 1953, by the following vote, to 14ti 26 AVIIi. COUNUMUZ111 m I r", - E3 I .i j; ru ahmir Olb In wl to H ✓r Nan G "0", Ga.,,3e Kc, pi as old Rnbmson f Fred L Jess vv O.we Georg. Y Kawo9uc h4 Pa-. L Coll JohnE Brewer V-ci.or-A H Marxen — - AVIL%%M —�_- VY Hugo J. l_am6 Lo. , H",., C .cK¢ Wnit., D tomb r • w 1 e . � _ o - _ ..,...., _. 1z I i. I_ -nrl n n _c,rl A Lomb f F• -' l..l¢ Wofar Annncro .v oo Go le Mort' L, L:¢Vln boo.! � � V¢Im o Clyd¢ TFrom e. � j sP er w• .aa•os eo° ( ,Y. t lj is .{t f Y f �'. An vha'�r.. 5..9or Co Cr ♦y of Newport B¢. +� "ti :I G I I Ij - NDIANAPOLI? G. ri. .. _ .:j AVfNut <'c: _ mar rs>Peno 2 20 12 13 14 27 19 20 22 3-vnt 23 _nd 24 'e. t': 26 i, '�:—Zsc der 27 ij, 23 30 m PI V DEC 1.-, 1849 I M1 s i 1 ErMUTION 50.UkL B ' 'dnnMaA9, P. Heed Of Right Of Way, from the C tY or • N ". '10F1 BE --,;n, a nun lc 1p =.1 OorpOra%i0n, %0 %he COUNTY OF ORANGE, 6 dated %he 250 day Of November and oover).nt Lhe following i described property, to .I%S 9 The ■or%h fifty (50) fee% of Lhe NOrtbre at BIB one— euar%rr (NWd) of Sec%ion 6, T.6 B., . 9 N.10 W., S.B.S. a M., said s%rlp of land 10 to ea%e1.d from the West LIM of cold 11 S00%lon 9 Eae%erly to the Westerly line 11 of the Right of Wy of the Channel for 0 the Banta Ana Niver. 14 vas presented to th0 Cl%y Oounall of %he City of Nm'port Beach, IS California. is WHMUPON, COWWilman Robertson made a W%lon 19 au%bOrlslag Lhe Mayor and CI%7 to sign on behalf of Lhe CIL; 10 of N rpor% Beach the said Deed of Rlgb% Of Way. 1e The Wien Was duly eeoamded by COOWIlman Allen and , 20 vac carried by Lhe t01lor1ng roll call vo ,�, to 21 !'. AYEO, COUNCIL6EMt s ' \ \iesll V °- Ipl PUS, COUPClUIENI Ae � Qa AB:ENT, COUNCILR Nf e6 -- n 39 City of Beach, Callto rn i:. a0 ty 9S: 31 l e Ly er i DLO Oy RIORS Oy NA s� R� 2' — , ,I BTATf OF CALIFORNIA ) to wKEPPAB, It Is the Intention of the Hoard of auperylBore of Orange County, Callforrila, to video a portion of that oartaln highway commonly tnawn at ADL4S A7ARUZ In the Beoond Road Ofetrlot, and 7 the aeoeseary Right of Nay for said widening ! Is more pvrticul-.rly desorlbad 3.o follows, to —wit: 6�. sl Tha North fifty (50) feet Of the Northwest one vuartR 10 (Nw2) of Section S, T16 8., R.10 m„ B,H.H.A N.,. said 11 strip of land to extend frog the teat line of wald. Section 12 ,� a utterly to the easterly 1S; line of the Right of Way of the Channel for the Best& 'A Ana River. 14I�' 15 +�: h All as partlaularly shown <a the aoompanylug Yap which 18 a ttached hereto and made 16 c pert herouf.. 17 HOW, THSHNTORE. In mu,Ider,tlon of the widening 18 :1 of veld highway as above described, And of the bensflts to aewrue to as and each of us, by tuoh wldening, p N the sndde,3ga, owaera, lU oeoupaots and olalment, of load required for highway purposes on the �i New of the foregoing designated route, hereby signify nor approval 20 of the widening of sale highway, and de harmer coneeat tberetoi and do hereby grant and dadlOats the lands belonging to us, and each of 21 {' ae, so far as the GRAS ry be moulted for such hlsamy, to Bald Orange p Oosety, to that uarpose, end for the use of euoh highway, dad wo hereby 22 valve .all clala for dsmmpa for and on aoeomt of the same. 23 I3 NITNNS8 NRNRfOr, n at" hereunto Get our hand, and 241 male this T' day of 11a�yA., 1Wy. y OF N HEKc4 3,� `'1 ICI Rr ADAMS AVENUE IAN6E GOUNIYXALIFO N MEMO TO: Robert Shelton, City Manager FROM; Karl Lynn Davis, City Attorney RE: Newport Harbor As you know, I have been engaged in research as to certain historical data and legal problems with respect to the operation problems of Newport Harbor. I do not claim that I have all of the factual questions resolved. However, I have been able to gather considerable information which is substantially as follows: On May 25, 1919, the State of California granted certain tidelands to the City of Newport Beach effective July 25, 1919. The following is a copy of this grant: "The people of the State of California do enact as follows: "SECTION 1. There is hereby granted to the City of Newport Beach, a municipal corporation of the State of California, and to its successors,.. all of the right, title and interest of the State of California held by said state by virtue of its sovereignty, in and to all that portion of the tidelands and submerged lands within the piesent boundaries of said city, and situated below the line of mean high tide of the Pacific.Ocean which border upon and are in front of the upland now owned by said city and such other upland as it may hereafter acquire, to be forever held by said city, and by its successors in trust for the uses and purposes and upon the express conditions following, to wit: "(a) Said lands shall be used by said city and by its successors solely for the establishment, improvement and conduct of a harbor and for the establishment and construction of bulkheads or breakwaters for the protec- tion of lands within its boundaries, or for the protection of its harbor., and for the construction, maintenance and operation thereon of wharves, docks, piers, slips, quays, ways and streets, and other utilities, struc- tures and appliances necessary or convenient for the promotion or accomo- dation of commerce and navigation, and the protection of the lands within said city. And said city or its successors shall not at any time grant, convey, give or alien said lands or any part thereof to any individual, firm, or corporation for ary purposes whatever, provided, that said city or its successors may grant franchises thereon for a period not exceeding twenty -five years for wharves and other public uses and purposes, and may lease said lands or any part thereof for a period not exceeding twenty -five years for purposes consistent with the trust upon which said lands are held by the State of California and with the requirements of commerce or navi- gation at said harbor. "(b) Said harbor shall be improved by said city without expense to the state and shall always remain a pub is harbor for all purposes of commerce and navigation, and the State of California shall have at all times the right to use, without charge, all wharves, docks, piers, slips, quays, and other improvements constructed on said lands or any part thereof for any vessel or other water .craft or railroad owned or operated by the State of California- -1- id,= _. unhe.rt Shelto City Manage' Page 2 P(c) In the management, conduct or operation of said harbor, or of any of any of the utilities,.structures or appliances mentioned in paragraph (a) no discrimination in rates, tolls or charges, or in facil- ities for any use or service in connection therewith shall ever be made, authorized or per:itted by said city, or by its successors. The absolute right to fish in the waters of said harbor with the right of convenient access to said water over said lands for said purpose is hereby reserved to the people of the State of California." You will note that this grant covers only that portion of the tidelands and submerged lands within the then boundaries of the city which border upon and are in front of the upland now owned by said city and such other uplands as it may thereafter acquire. Later, and on the same day, the State granted to the County of Orange tidelands and submerged lands in the following language: 'Bordering upon and under New- port Bay in said County of Orange, which are outside of the corporate limits of the City of Newport Beach." This grant to the County was in trust for the same uses and purposes and upon the express conditions set forth in the aforesaid grant to the City. April 5, 1927, effective July 29, 1927, the State made a further grant to the City of Newport Beach as follows: "All of the right, title, and interest of the State of California held by said state by virtue of its sovereignty, in and to all of the tidelands and submerged lands bordering upon, in, and under Navport Bay, situated below the line of mean high tide of.the Pacific Ocean not heretofore granted to said City or to the County of Orange." This grant was for the same purposes and on the same conditions set forth in the 1919 grant. On June 15, 1929, effective August 14, 1929, the State made a third and last grant to the City as follows: "All of the right, title and interest of the State of California, held by said state by virtue of its sovereignty, in and to all of the tidelands, submerged lands and filled lands lying within the cor- porate limits of the City of Newport Beach, and bordering upon, in and under the Pacific Ocean, situated below the fine of mean high tide of the Pacific Ocean not heretofore granted to said City or to the County of Orange." This grant was also for the same purposes and on the same conditions as set forth in the 1919: grant. Further acts by the state legislature with respect to Newport Harbor of his- torical interest are as follows: Act of 1919 in re utiliti_ es, in effect Ju125�_1919: The State granted to the City the right, power and authority to construct and maintain over, across and along the public lands of the State of California under and bordering upon Newport Bay, sewer, gas, water and other pipe lines and conduits and to go upon said public lands to construct and maintain the same. -2- Memo To.: Robert ShePon, City Manager Page 3 Act of 1929 confirminq court decrees effective August 14, 1929: This act refers to the many court decrees in the Superior Court of Orange County affec- ting the line of ordinary mean high tide and declares such lines to be the line of ordinary high tide in those portions of Newport Bay and the arms thereof as set forth in said decrees. Asst 14, 1929. This act granted the City authority to grant franchises and to lease tide and submerged lands for a period not exceeding 50 years for the purposes consistent with the trusts upon which tidelands are held by the State of California and with the requirements of commerce, etc. On the same date, the County of Orange was granted.similar franchise and leasing rights. Act of 1953. filed with the Secretary of State on June 10, 1953 declared the property therein described to be unavailable for navigation or for any of the uses, trusts and conditions set out in the Statutes of 1919 and 1927 respectively, and freed from public trust for navigation and fisheries and from the uses, trust and conditions set out in the respective acts the properties so des- cribed (this description no doubt refers to former sections of the Santa Ana River). On October 30, 1933, a petition for the formation of Orange County Harbor Dis- trict was published in the Santa Ana Register and again published on November 6, 1933. The law firm of O'Melveny, Tuller and Myers, now known as 0•Melveny and Myers, was retained by the County of Orange to handle the Harbor District formation and for the handling of proceedings for the issuance of bonds of said district. The Harbor District included all of Orange County with the exception of a few square miles in the mountainous area in the easterly portion of said county. Pursuant to the request of O'iutelveny, Tuller and Myers, the city did adopt resolution ,j803 on November 13, 1933, which provides as follows: "WHEREAS, the Harbor Master of the City of Newport Beach has filed a request with this Board for the approval of the petition and improvement work set forth in the petition, a copy of which is attached to his communication, which peti- tion was published in the Santa Ana Daily Register on October 30th, and November 6, 1933. "NOW, THEREFORE, BE IT HEREBY RESOLVED, DETERMINED AND ORDERED by the City Council of the City of Newport Beach as follows: "Section 1. That the petition for the formation of Orange County Harbor Dis- trict hereinbefore referred to be, and the same is hereby, approved. "Section 2. That the improvement and development work generally described in the said petition is feasible, and, when completed, will result in the improve- ment and development of the Harbor mentioned in said petition and the estimated cost-of said work and the incidental expenses in connection therewith constitute the reasonable and necessary cost of such improvement and development work and the necessary incidental expenses therefor, and the said project is hereby approved." -3- I Memo Toe Robert Shelton, City Manager Page 4 You will note the resolution merely approves the Petition for the Formation of the Orange County Harbor District. The petition referred to is very lengthy, however, the following is a brief review of its contents. 1. The purpose of the petition was the formation of a harbor district within the County of Orange for the improvement and development of Newport Harbor. 2. The improvement, development, protection, maintenance, management and /or control of such harbor, or any part thereof, is, and shall be, vested in and exercised by the Board of Supervisors of the County of Orange. 3. The general nature and character, of the improvement and development work proposed to be done in such harbor is generally described as followss The repair of existing west jetty in the entrance of said harbor and the extension of said jetty approximately 760 feet, the said jetty to be made of rubble mound (sometimes called rock) construction. The repair of the existing east jetty in said harbor and the extension of said Jetty approximately 920 feet, said extension to be of rubble mount (sometimes called rock) construction; and the construction of a rubble mound (sometimes called rock) groin approximately 100 feet in length and located at approxi- mately the end of and on the west side of the existing east jetty. The dredging of the entrance channel from a line across the harbor entrance at approximately the end of the proposed extension to the west jetty, a distance of approximately 4300 feet into Newport Bay to a depth of 20 feet below mean lower low water and to a width of approximately 500 feet at said depth. The dredging of the main channel commonly known as the "County Channel" from the end of said entrance channel a distance of approximately 8400 feet to a depth of 20 feet below mean lower low water and to a width of approximately 200 feet at said depth, and the dredging of said main channel, commonly known as the County Channel from the end of said last mentioned 200 foot portion thereof to the county turning basin to be located northerly of and approxi- mately at the westerly end of Lido Isle to a depth of 20 feet below mean lower low water and to a width of approximately 300 feet at said depth. The dredging of the county turning basin to a depth of 20 feet below mean lower . low water from approximately the westerly end of Lido Isle to the westerly end of Newport Bay. The dredging of a yacht anchorage basin to a depth of 15 feet below mean lower low water, to be located approximately between Lido Isle and Bay Island and southerly of said County Channel and to cover an area of approximately 35 acres. The dredging of substantially all of the remaining area of said Bay lying south of the state highway bridge over the North Arm of Newport Bay and not now in depth 10 feet or more below mean lower low water, between bulkhead lines, as established by the Secretary of War for the United States in 1917 and shown on map of Newport Bay Showing Harbor Lines, on file in the office of the District Engineer of the United States Army at Los Angeles, California, to a depth of 10 feet below mean lower low water. -4- Memo to: Robert Shelton, City Manager Page 5 The estimated cost of the proposed work above generally described is the sum of $1,707,757.00. The estimated amount of the expenses incidental thereto is the sum of $127,684.00, making a total estimated cost and expense of such improvement and/or development the principal sum of $1,835,441.00. 4. The prayer of the petition requests that said proposed Harbor District be formed under the provisions of an act entitled "An act providing for the for- mation, government and operation of harbor districts for the improvement or development of harbors, the calling and conducting of elections in such dis- tricts, the issuance and disposal of the bonds thereof; and the assessment and levy of taxes for the payment of such bonds, principal and interest, and for the ordinary expenses of such districts," approved April 20, 1927, as amended. An election was held on December 19, 1933, and by a vote of the people, the Harbor District was created under the Harbor District Act of 1927, Statutes 1927, page 362, for the improvement of Newport Harbor. Bonds of the harbor district were issued and on July 9, 1934, sold to the U.S. Government. The improvements contemplated in the bond proceedings were constructed by the United States. As the Harbor District Act above mentioned provided at the time of the formation of the district, there appeared to be considerable question as to the extent of the control of the Board of Supervisors over the harbor. Sometime prior to July 15, 1935, either the Board of Supervisors of Orange County or the County Counsel requested an opinion from O'Melveny, Tuller and Myers in answer to the following questions: 1. Does Harbor District Act, under which Newport Harbor was improved, vest control of the harbor in the Board of Supervisors as the governing authority of the district? 2. Could control of the harbor be vested in the governing authority of the district by additional legislation? On July 15, 1935, O'Melveny, Tuller and Myers rendered its opinion in answer to these questions, which said opinion is on file with the County Clerk of Orange County and briefly reads as follows: Answer to Question r#1: "Control was deemed to mean regulation of commerce, making of charges for 'anchorage, wharfage, etc.' and general regulation of traffic and structures in the harbor. "The Harbor District Act does not in any substantial way change the jurisdic- tion of the various authorities now exercising jurisdiction over all or any portion of Newport Harbor . . . . -5- Memo To: Robert Shelton, City Manager Page 6 "The Harbor District Act above referred to is merely an improvement act, and when the improvements are constructed, the Board of Supervisors as the control- ling authority of the Harbor District has authority to maintain, manage and control the 'work' which has been done by the Harbor District.. The Act does not purport to vest in the Board of Supervisors any regulation of commerce or of other structures in the harbor. Aside from the maintenance, management and control of the work constructed for the Harbor District, all jurisdiction and control of the harbor is exactly where it was when the Harbor District was organized in 1934." Answer to Question N2. "In deciding this, there are a number of subsidiary questions which must be decided. "First, assuming no state grants, and we are dealing with a strictly govern- mental question, can governing authority of a district be given control and jurisdiction over a harbor, part of which is located in a city of the sixth class and part in the county." It was the opinion that such control could be given and as authority, the follow- ing citations were referred to: People vs. Sacramento, 155 Cal 373 at 383. Protection and development of waterways and commerce are matters of state control subject to the paramount right of the United States. See also, Pixley vs. Saunders, 168 Cal, p 152 at p 160 Cases also cited: 175 Cal p 511; 176 Cal p 507, 193 Cal p 506 and 199 Cal p. 668. Reference was then made in the opinion to the 1919 grants to both the city and the county above referred to, reciting that the grants appeared to be in perpetuity and in trust for the uses and purposes set forth in the grants. Further reference was made to the _grant to Newport Beach "and its successors ". The opinion goes on to say that it was difficult to determine the meaning of the word "successors ". the law firm then went on to give an opinion that the State may delegate powers in respect to its waters as follows: The State cannot abdicate its sovereign right because the entire public is interested. Further, it cannot abdicate control of navigable waters and any powers given by the State are revocable. "Power thus delegated may be transferred at any time to any public corporation or state agency which is deemed by the State a better means of carrying out the public purposes of navigation, commerce, and fishery." State vs. Board of Levee Commissioners of Orleans Levee District, 33 SSO 385 at 393 Atwood vs. Hammond, 4 Cal 2nd, 31 -6- 0 i Memo To: Robert Shelton, City Manager Page 7 The Atwood vs. Hammond case said that the State may continue to protect public interest, however, in the opinion, it was pointed out that this case raises some doubt and I quote from the attorneys' opinion as follows: "The Atwood case appears to be inconsistent with well established principles of law applicable to tidelands and submerged lands under or bordering on navigable waters." The opinion continued to cite the following principles of law, as follows: Illinois Central Railroad vs. Illinois, 146 US 387. "Control of State for purposes of trust cannot be lost. Grant is revoc- able." Oakland vs. Oakland Waterfront Co., 118 Cal 160 "No grant of lands covered by navigable waters can be made which will impair the power of a subsequent legislature to regulate the enjoyment of the public right ", citing: Forestier vs. Johnson, 164 Cal 24 People vs. California Fish Co., 116 Cal 576 at 597 Boone vs. Kingsbury, 206 Cal 148 at 183 and 189 Nedtweg vs. dallace, 208 Northwestern 51 Los Angeles vs. Pacific Coast Steamship Co., 45 CA 15 at 17 City of Trenton vs. State of New Jersy, 262 US 182 at 186 Hunter vs. Pittsburgh, 207 US and additional California cases reported in Volumes 171 Cal p 672 at 679; 139 Cal p 542 at 553; and 18 Cal 590 at 615. It is then pointed out that the decisions were practicaloy unanimous with the exception of the Atwood case'. It was the conclusion in the opinion that under the Atwood case, if the City and County conveyed title to the District, title could be vested in the District. Further, that a "Court would probably sustain an act which would vest control of the harbor in a district or governmental agency and apparently the title to the lands would remain in the city and the county respectively and could not be divested without action on the part of the City or County . . . . . "'Until that case came down, we were of the opinion that control of the Harbor could be vested in a District or other governmental agency and that the title to the tidelands and submerged lands could likewise be so transferred." (Emphasis mine). The opinion was signed "0'Melveny, Tuller and Myers by James L. Beebe." The following code sections are copied from Division 8, Part 2 of the Harbors and Navigation Code entitled "management and Control ". "Section 5900. Ordinances for regulation of district: Authority to pass: Violation a misdemeanor. Whenever any district is formed pursuant to this part and its control is vested in the board of supervisors of the county in which the district is situated, the board of supervisors may pass all -7- Memo To: Robert Shelton, City Manager Page 8 necessary ordinances for the regulation of the district and provide that the violation of such ordinances constitutes a misdemeanor." "Section 5900.6. Maintenance, management and control of completed work and harbor: Employment of agents, etc. When any improvement or development work done under the authority of the board is completed the maintenance, management and control of the work done and of the harbor as so improved, shall pass to and be vested in the board. The board may employ and pay all necessary agents, servants and employees to manage, maintain and control the harbor." "Section 5900.7. Contracts for fire boats, patrol boats, sanitary and other equipment. If any portion of the harbor is situated within the boundaries of any incorporated city, the board of supervisors may enter into arrange- ments or contracts with the governing body of that city, upon such terms as may be agreed upon, for the purchase and maintenance of fire boats, patrol noats,..sanitary and other equipment which the board deems necessary for the proper protection of the harbor. "Section 5900.6. General Supervision: Adoption of rules and regulations: Licensing of businesses. The board shall exercise general supervision over the harbor and may adopt general rules and regulations for the govern- ment thereof, which in its judgment will best promote the interests thereof, if these rules and regulations do not conflict with the right of any city to exercise its police powers, or with the right of the city to license and regulate business enterprises within its corporate limits. If any business or enterprise is located adjacent to or affects the use and enjoyment of the waters of the harbor, the approval of the board of supervisors shall be necessary to the licensing and regulation thereof." "Section 5900.9. Anchorages, wharfages and dockage: Regulation: Collection and deposit of fees: The board may provide by ordinance for the regulation of anchorages, wharfages and dockage of vessels within the harbor and it may establish and collect fees and licenses therefor. The proceeds when collected shall be deposited to the credit of the harbor district fund." "Section 5901. Establishment of regulations by city. The governing body of a city within which a portion of the harbor is situated may establish by ordinance any regulations which are proper in the exercise of its police powers which regulations do not conflict with the provisions of this 'part, or with any lawful ordinance of the board of supervisors." "Section 5902. Harbor Commission: Provision for appointment; Number; Powers and duties. The board of supervisors may by ordinance provide for the appointment of a harbor commission consisting of five persons, and shall by ordinance define its powers and duties." These sections were enacted in 1937 and either amended or added to statutes governing harbors enacted in 1927. i i Memo.To: Robert Shelton, City Manager Page 9 On May 10, 1944 the County Counsel requested an opinion from the Attorney General as to the authority of both the Board of Supervisors of Orange County and the City of Newport Beach with respect to the operation of the harbor. The following is the opinion of the Attorney General to the County Counsel of Orange County, dated July 19, 1944: "SUBJECT: AUTHORITY OF BOARD OF SUPERVISORS, AS GOVERNING BODY OF ORANGE COUNTY HARBOR DISTRICT, AND CITY OF NEWPORT BEACH, RESPECTIVELY, IN REGARD TO 14HARFAGE, ANCHORAGE, LICENSING, SELVAGE DISPOSAL, ETC. IN TERRITORY COMMON TO BOTH POLITICAL UNITS. PREPARED FOR: COUNTY COUNSEL OF ORANGE COUNTY, SANTA ANA PREPARED BY: LUCAS E. KILKENNY, DEPUTY ATTORNEY GENERAL "In your letter of May 10, 1944, you enclose a copy of your Opinion #337, rendered to the Board of Supervisors of Orange County, in relation to certain matters concerning the management and control of Orange County Harbor and ask for my opinion on the conclusions which you reached 'therein, particularly in the last three paragraphs thereof. "You state in your letter that the Orange County Harbor District was formed under Statutes of 1927, page 362, as amended, which statute in 1937 was made a part of the Harbors and Navigation Code. "You quote from the code Sections 5900, 5900.6, 5900.7, 5900.8, 5900.9, 5900.10 and 5901, all.of which relate to management and control of the harbor of the District, the making of rules and regulations in relation thereto and the respective powers of the governing board of any city which may be included within the District and of the Board of Supervisors, which is the governing board of the harbor district. "In this connection it is well to note that by Statutes of 1919, page 1011, the State of California granted to the City of Newport Beach, in trust for harbor uses, all of the submerged lands and tidelands which it owned by virtue of its sovereignty within the boundaries of said city, below the line of mean high tide of Pacific Ocean, and in front of uplands then owned by the city or which might be subsequently acquired by it. By the provisions of Statutes of 1919, page 1138, as amended, the State granted to the County of Orange, upon similar trusts, its.tidelands and submerged lands bordering on or in Newport Bay which were outside of the corporate limits of the City of Newport Beach. By Statutes of 1927, page 125, the State granted to the City of Newport Beach, upon similar trusts, all of its tidelands and submerged lands bordering upon and in and under Newport Bay 'not heretofore granted to said city or to the County:of Orange'. "It thus appears that all of the tidelands and submerged lands of the State bordering upon or in or under Newport Bay have been granted to either the said City or County. -9- , e.;w Po: nonert S*on, City vianager • Page 10 "Part 2, Division 8 of the Harbors and Navigation Code, under which the Orange County Harbor district is organized, is a codification with some changes, of Statutes of 1927, page 362. This part of the code authorizes the creation of a harbor improvement district which may consist of any portion of a county in this State and may include incorporated territory. Upon the organization of a district the Board of Supervisors of the county becomes the governing board thereof; and such Board is authorized to pass all necessary ordinances for the regulation of the District. "Section 5900.3 of this part of the code, added in 1937, authorizes the Board of Supervisors to 'take, by grant, purchase, gift, devise, lease and dispose of real and personel property of every kind within or without the district, necessary to the full or convenient exercise of their powers.' Notwithstand- ing the somewhat ambiguous language of this provision, I think the legislature intended by this section to vest the Board of Supervisors with power to 'take' real and personal property by lease. "Each of the grants above named from the State to the City of Newport Beach and Orange County provides that the city in the one case, or the county in the other, may lease the lands for harbor purposes for limited periods of time and may also yrant franchises for the construction of wharves for limited periods of time. "In the absence of any information to the contrary, I assume, for the purposes of this opinion, that the Orange County Harbor District includes territory inside and outside of the territorial limits of the City of Newport Beach, and also includes at least a part of Newport Bay. I assume also that the harbor district has acquired the use of uplands bordering on Newport Bay and the right to construct and operate wharves and other harbor facilities, and to dredge channels in Newport Bay. "The questions which you ask involve the respective powers of the District and the City of Newport Beach with respect to: "(1) The making of rules and regulations as to wharfage and dockage of vessels, the collection.of fees and licenses therefor, and as to the kind, quality or length of piers. "(2) the making of rules and regulations as to anchorage of vessels in the harbor and as to obstructions to navigation therein. "(3) The licensing and regulation of any business or enterprise which is located adjacent to or affects the use or enjoyment of the waters of the harbor. "(4) the regulation of other matters affecting the public health, morals, or safety, such as noises, speed, depositing of sewage in the bay, etc. "Answering these questions in the order given above% "(1) Permission to dock vessels at wharves, the collection of wharfage or dockage and other charges therefor, and regulations of size, quality and length of piers, are matters, in my opinion, which are within the jurisdic- tion of the owner and operator of the harbor facilities. Consequently, -10- &iemo To; Robert She• n, City manager • page 11 regulation in reference thereto would properly be a matter over which the Board of Supervisors as the governing body of the harbor district would have jurisdiction, subject to such powers as the .Jar Department or other depart- ments of the Federal Government may have in relation thereto. "(2) In the case of Board of Harbor Commissioners. etc. vs. Excelsior Redwood Co., 88 Cal. 491, the Supreme Court assumed, without deciding, that the establishment of rules as to navigation of Humboldt Bay would be exe- cutive administration which the legislature could delegate to the Harbor Board as an executive body. I find no other decision upon this point, although the same matter is referred to in Gilgirt vs. Stockton Port District, 7 Cal 2d 384, 390. "I am of the opinion that the State legislature has delegated to the Orange County Harbor District the power to regulate the anchorage of vessels and the obstruction of the waters of the harbor, subject only to such powers as the Federal Government may have in relation to these matters. "(3) The licensing of any business or enterprise within the territorial boundaries of the City of Newport Beach for the purpose of regulation would undoubtedly be an exercise of the local police' power of the City which is vested in the City by Section 11 of Article XI of the State Constitution. In Giloirt vs. Stockton Port District, supra, it was held that the legisla- ture could not vest local police regulations in a port district organized under Statutes of 1931, Chapter 1028, since codified as Part 3, Division VIII of the Harbors and Navigation Code. It is my opinion that this decision applies equally to Part 2, Division VIII of the Code under which the Orange County Harbor District is organized, and that the Board of Supervisors as the govern- ing board of said District cannot under the provisions of Sections 5900.8 and 5901, or any other statutory provisions limit the power of the City of Newport Beach in regard to the licensing or regulation of any business within the territorial boundaries of that City. The licensing of a business by the City, however, would not affect the power of the Board of Supervisors to require compliance by the licensee with any regulation which is properly made by such Board as the governing board of the harbor district. "(4) My answer to the fourth question is the same as my answer to the third." The decision in the case of Atwood vs. Hammond, supra, would indicate that the control of the harbor as it existed at the time of the grants to the City of Newport Beach by the State of California could not be taken away without the consent of the City. This case has been to some extent over- ruled in the case of Mallon vs. Long Beach, 42 Cal 2d 199.. The Mallon case is the one in which, by a 4 to 3 decision of the Supreme Court, the judgment of the trial court was reversed and the City of Long Beach was compelled to pay over to the State one -half of its oil income from tidelands to the State of California. Prior thereto, the City of Long Beach had determined that one -half of its oil revenue tidaland income was not necessary for the control, maintenance and improvement of its harbor. -11- 0 0 (demo To: Robert Shelton, City Manager Page 12 OPINION At the time of the creation of the Harbor District, it would appear that the Board of Supervisors had supervision, maintenance and control over only the work done by the Harbor District. The action of the City of Newport Beach in adopting Resolution ri803 has the effect of approving the formation of the district under the laws as then in existence. As shown, these laws have been changed or added to by legislative enactment in 1937 which gave to the Harbor District, management, maintenance and control of the Harbor. I believe that in the event of litigation between the City of Newport Beach and the County of Orange involving these problems, the Courts would probably conclude that the Statutes of Harbors and Navigation Code, commencing with Section 5900 above set forth, would be held to be constitutional and apply to the Harbor District of Orange County. However, as noted in the grants to the City, the acts specifically provided that "said lands shall be used by said City and by its successors solely for the establishment, improvement and conduct of the harbor ". In condition C, in said grants the following language is contained - "in the management, conduct or operation of said harbor ". Thus, it appears that the grants to the City gave the City the management, conduct and operation thereof and in the event of litigation between the City and the County, it is possible that the Courts would determine that it did not lose any of its rights of management, operation or control as it existed at the time of the formation of the Harbor District. For your further information, a copy of the decision in the case of Mallon vs. Long Beach, supra, is attached hereto and I call your particular attention to the dissenting opinions. _(signed) Karl Lynn Davis City Attorney -12- 1 a TO: City Council of the City of Newport Beach FROM: Karl Lynn Davis, City Attorney DATE: May 10, 1957 SUBJECT: 1949 Conveyance of ocean front property and tidelands to the State of California for "matching lands" CC: Robert Shelton, City Manager and Margery Schrouder, City Clerk I On February 28, 1949, the City Council of the City of Newport Beach adopted Resolution #3607 wherein authorization was given for the con- veyance of Blocks 14 -A and 15 -A, Section B. Newport Beach, to the State of California on the conditions therein set forth, a copy of said resolution is attached hereto and marked Exhibit A. On July 29, 1949, Mr. John A. Hennessy, Supervising Land Officer of the State of California, by Miles E. Allen, Parks Land Purchasing Officer, wrote a letter to Mr. John Sailors, City Manager of the City of Newport Beach, referring to a conversation with Mr. Sailors of that date, in which the matter of conveyance of the city's "matching lands" was discussed, and suggesting the opening of an escrow. It was suggested in said letter that in addition to Blocks 14 -A and 15 -A that either Blocks 13 -A or 16 -A, or preferably both, sbould be conveyed for matching purposes. This letter also set forth the following: "In addition to the city's fee -owned lands to be conveyed for matching, a quit claim deed of the submerged and artificially accreted lands seaward thereof must be included in the conveyance.' A copy of this letter is attached hereto and marked Exhibit B. III On September 12, 1949, the City Council adopted Resolution #3728. In this resolution, Resolution #3607 was referred to and reference was made to Blocks 14 -A and 15 -A. Further reference was made to the fact that the acquisition contemplated entailed a greater expense to the State of California and that it appeared to the best interest of the city that an additional donation and grant to the state be made. The property granted was then described by metes and bounds and a separate paragraph in said resolution authorized a quit claim to the State of California of all of the right, title and interest of the said City of Newport Beach in and to all land lying seaward of the property above referred to. A copy of said Resolution #3728 is attached hereto and marked Exhibit C. -1- IV On October 17, 1949, the City of Newport Beach executed a deed signed by Dick Drake, Mayor, and Charles K. Priest, City Clerk, wherein in addition to the property described by metes and bounds, the city quit claimed to the State of California all of the right, title and interest of said City of Newport Beach in and to all land lying seaward of said described property. This deed was accepted by the State Park Commission on October 21, 19494 A copy of said deed is attached hereto and marked Exhibit D, and a copy of said acceptance is attached hereto and marked Exhibit E. V A certificate of Approval by James S. Dean, Director of Finance of the State of California, was executed on October 28, 1949. A copy of said Certificate is attached hereto and marked Exhibit F. VI These documents were recorded in the office of the County Recorder of Orange County on November 16, 1949 in Book 927, Page 175, Official Records of said county. CONCILM3ION From the foregoing, it appears that the original Resolution #36077 wherein the city authorized the conveyance of two blocks, being Blocks 1LA and 15 -A, was not acceptable to the State of California, That there- after, the position of the State Division of Beaches and Parks was made clear as to the property required from the City of Newport Beach as set forth In said Exhibit B. That the City of Newport Beach, by its Resolution #3728, approved the conveyance substantially on the terms and conditions therein set forth, which, by quit claim, in effect conveyed the interest of the city in the tidelands described. As shown, the transaction was finally completed by the acceptance by the State of California of the deed executed by the city on October 17, 1949, wherein the city quit claimed to the State its interest in the tidelands described therein. The transaction was closed when the documents were recorded on November 16, 1949. From the state of the record, it is my opinion we could not prevail in any action against the state to reform the deed and clear the title to the tidelands involved in the City of Newport Beach, t.. Karl DavI9F, Gity Attorney KLDtbcm L are suitable and 64silikU.,for, insluatoa in a Vin UUM"d VIUM of State 5 P-4r_. and Bescheol and VHMAS' no portiva of MrIation mde by said Act, Chapter 1422. Scsteitee of 1945• MW be expended for a&n owc aniquisities of Oc B has An-'! P� r-jce, ozoopt as provid" for bP44"sion of said. Ants In any Win'.;' 9 ;i rh nas net sAeptsa the Mks*" plan of gboreltno DWelopmat for that c.—Irl Y wnlch PlM shall not up priettit" of and use at the shore line if that vountjvj &Ad 12 �M__�S, the County of in the State Of California, but under 13 cr-ng!d4rftLi*M an anionfimeat to the MRS%ar plan of Sbo r .aline Development fo:r 'i Count. of OMAP. Which aaendmeat. poses to soVup prior"Lies oY quislAion and,use of.mid shore linAWwnd W�M►s, there lag boon Womittrid to WW city of Newport Beach a C-*akq^ = i 17 n arc_ PrIoritt Pm#,r" few the ac-q:'is,tiOx Of lands within said City, 041 18 ;'__n On Plat @Akd MILP here* -7 0 o4tmchna wark-d MEM11to OA and andl 19 1 r:Ak reference m6o a part of two Basolution., and 20 WTaRTASP by Sections 51 'k, _% and jj5l of t - pub,.Je Resources Code, ..'.L g of Novport Reach my 1%1612% the State of 041if MAW in &Cquir ing any 22 roqros n& __)ark, playground, y"mationial:gmtor or b400h to U used for t 1!3 1 23 and by the rasa Secti011d Of ths said ftblic 296DUM" C"*' '% is 24 provided that such "sjoijago may take the form of a do 25 t ?Z.�at to the State of &W !'sal property owned by the City Of Newport Brat „—= 26 WUXUS, the &%&to of On,' ornia bas &rMA, throu& Its Division of 27 Nowv Beach on Boachoo and Plaskso, U Vagobaso eort&l]L I&WIA U the City Of "t, 28 29 30 31 32 tin coatilk las t1st all Pajebis"a by Win PASS W Autchea bF. IL donation by the City of Newport as"k of ps*Pm I** of equal v&1401 NW* TMMMWV -in it RUMM9 that said ftsona1puft A" Priority Program ss sham So sAs Sjj be and -horoby in n .. ......... wow"*,: Dopartneat of Batumi 2;i Raseuromt Lo p emiion. Len been authorised and at&%* -i0 ss ftAC directed: 3 qWh wapplomon;W surveys as my be-meesses7 to Asteridne what lands are suitable and 64silikU.,for, insluatoa in a Vin UUM"d VIUM of State 5 P-4r_. and Bescheol and VHMAS' no portiva of MrIation mde by said Act, Chapter 1422. Scsteitee of 1945• MW be expended for a&n owc aniquisities of Oc B has An-'! P� r-jce, ozoopt as provid" for bP44"sion of said. Ants In any Win'.;' 9 ;i rh nas net sAeptsa the Mks*" plan of gboreltno DWelopmat for that c.—Irl Y wnlch PlM shall not up priettit" of and use at the shore line if that vountjvj &Ad 12 �M__�S, the County of in the State Of California, but under 13 cr-ng!d4rftLi*M an anionfimeat to the MRS%ar plan of Sbo r .aline Development fo:r 'i Count. of OMAP. Which aaendmeat. poses to soVup prior"Lies oY quislAion and,use of.mid shore linAWwnd W�M►s, there lag boon Womittrid to WW city of Newport Beach a C-*akq^ = i 17 n arc_ PrIoritt Pm#,r" few the ac-q:'is,tiOx Of lands within said City, 041 18 ;'__n On Plat @Akd MILP here* -7 0 o4tmchna wark-d MEM11to OA and andl 19 1 r:Ak reference m6o a part of two Basolution., and 20 WTaRTASP by Sections 51 'k, _% and jj5l of t - pub,.Je Resources Code, ..'.L g of Novport Reach my 1%1612% the State of 041if MAW in &Cquir ing any 22 roqros n& __)ark, playground, y"mationial:gmtor or b400h to U used for t 1!3 1 23 and by the rasa Secti011d Of ths said ftblic 296DUM" C"*' '% is 24 provided that such "sjoijago may take the form of a do 25 t ?Z.�at to the State of &W !'sal property owned by the City Of Newport Brat „—= 26 WUXUS, the &%&to of On,' ornia bas &rMA, throu& Its Division of 27 Nowv Beach on Boachoo and Plaskso, U Vagobaso eort&l]L I&WIA U the City Of "t, 28 29 30 31 32 tin coatilk las t1st all Pajebis"a by Win PASS W Autchea bF. IL donation by the City of Newport as"k of ps*Pm I** of equal v&1401 NW* TMMMWV -in it RUMM9 that said ftsona1puft A" Priority Program ss sham So sAs Sjj be and -horoby in n i6 Weel � s# ol� at lied or na" vhat#to�y 179 B; jym� that ae and it nsld i/al#Stiva as #e ''ahovp.is otid- ° • � , sad 'b<ppalred :lV iL# -fists of QaliloraiE; I9 ;kyftrlotat, sf fm prop riato was#M #f stSd lhal property 20 6asei#btlosv gartiasl BrlT dose be oafs y' the City of =wpork Beach to 21 0 the Asta eZ A&Ufi#sitt. 22 = I hereby ,jfs!titf tbs;t 4" 3boeo and for#ping Resolution was dine and 23 ' a 24 ji regularly Imes" sad, oftt*d by W City Council of the City of lwport BeAw.i 25 at a reanlar seatIm Hrroef bald *&Aho 24th w of NbsaNW, 1949 by the 26 ; tnlloviad vote, to*ritt 2� I da8O WJMIIJCaiY I i 28 1 � � x r� E a: x a E- yy 0 I A EARL WAR*[ WAPnEm r. MAWW" mm""'H' W A� C. HENNING A.. "AMC" orpicir• STATK of CAL" 10k j1itlistort of pkathtz- inb IHIA WrON LA14-1w Ln: lRepartmeo of Watural jItt-somm 01011 334 DOW)M ftilding 257 -Q*Utb'*.ri4 ftrist Lee &%olesCallfarnla Ju)v 29, 190 John Sallwas City lkmqw City of Newport Bs"k-, City Hall Res Orange ComAy Master Shoreline Newport Beach, Call 0 1�1i& Plan, City of Newport Dear Mr. Sailors: Pursuant to our ca ormtion on Jm4 2% 194% jo. which the matter of conveyance of the City's "notching laaw mcdiscuseed, this is to advise that is order to ftcllit4te fla%l Approval of this conv"amom by the_a0000sary 3toto dep4t,0"6j we sweet that an ea— crow be opened tW your City :�ttornqy at one of tbw--,*rwg* Ommy Title omplaaiesf Gut at tUs 9scru -ij the felLeffing -6cumA44 abmld be secured wid forwarded to car.11i,14ion: I* Your cogwied Dopiva of this deeds Z. Throe copra" of a J.Valiminary title report, C oviring the property tb:be conveyed, 3. '11r" copies of apecimmA policy of tjU9 inmj7FaLrjce to be issued tblans Ibms)p 4. Three copies of mmurow instructior.4 to the title c4opmew, 5, 'Ruse oopLom of a plat of property being c .... 6@ Three certified copies of resolatift of the Cj*.y Council authonizing conveyance, Uilore Newport am" 2901949 =mss upon receipt 1w this of -five of - US AbOTO 64MOMO# GNAW will u-- nrem4ated for review * 0* plopme ft&to otfieWS #Ad:npon final approval alauing Lmtr"Ums will tp . tra amdA to&$& t I row holder. It is undarP+n*4 that U ad&t1oft to LAools 14--A OA4 15-1 It. her BlxM*Ljj7A or lb-A, or prAfembly bothp will be corffey" for No rvyision of the Ormew QmAty rester Plan is aaaaxy to imiuda the additional W ot m- and it in uadsrstow-% t mLj.o watching jand'is to immdAtQ4 b® leased back to the Gity--ty tnc I ion 1A OW Irozart long-AAM lease woem"* � IVA In afttiaa to the City's fee-owed ImAs to be oonvVed for matchir4;, a quitelaim of the subf�erjrod wA artificially%.saoreted lArid* meavaLrd thervot must be ineL%d-Aml in !.he e4e►namso m For the use of yew City Attormw In dmftir4 tw-Apad we a pnotacopy of a deed free the City of Los Ax4sl" to the State ?f t.f rn"a vadch deed was need W coots. "EatcldA& I&&"' of U Gity of LQ-,- A Angeles 101�zntl I In connection with Los y a Xdtw Shoral1w clan. -'t is rec"stod tiot this phatesoW 4* -tio4vad to this offloa id-mu it ha-i sowed I its purpose, It *1119 of ova* I ** eventva.Uy be asoossary Vist the City 'lurniab T.he state a P01147 of tium jQW=s ce to I" f**-owed *Mtohing larlid% the -cat of Whift Policy U to be home by UO -Citye In the abandon" we W111 have eeamu% e appraimau Made 0 t fie dMatchirig Please feel fr" to Call or, US 44 &IV tifte if fWt)"W inf. Is nsedod. me viU &.1so be As: j to confer with or assist the City Attorney regardi% matters in this corowation, rlg-r Thanking you very imch for your past. Om oelot;, A recgtin Very truir yours, juili A. MOWi m Su;arvising lAnd Uffim By: A(IIJS B. AUM Park Lams Pwqbmtn One"ar 41 1 01 6 7 r.1 0 Pub No. 36 in State of Califori-,la Det too: th, 8--T-1 and B referred to in Newport Beach to the-Sta .-'-.qcrlbed real Property,. Rloek5 as -e-lo-dvl -purqfuant. to the recital , sald &ftin, real:*eperW. show-, lUti-?n, OtmV"wp" by Californla be ra4a.-4t D. wit: In =a:hlbit A the Cltv Ahe Se:-,ti ... So 116itport BeAi Book 4 m, i s c, PA -un! MW 12 i 13i OnI th*,-.*q is i tL .1 bi thO 3t41te 14: np4l property in ateor-d I j �Z, t I m In said r(? o!: 15 r,f erred to has.,sntailed:- eater c--x0efise t-o,'h&fta'te ,.allfornia thrin caftemplated; I? WHIKRMA 't -t PPOR", e eatisfactio- o "�,h e C„ tv i8 ^rt Beach-that, the "at-at-F- ^aiifor"ffI7 t" made ff 19' said-. -Exhlblts :--)-4 31 and t to for the beat e-t. of Nawport Beacli I niwln ccri:l: lefttlan of ses a conaideration, lj�j ol° W1--, the Cil of 23 c.,f Newc-ort Beach deem-- 1 ;4 u s t a -^teh legal 241. In accordance ,ml.th the lawF c.` The State c Iftrr. I&, 25:; -ItY of Newport Beach should •al(e &"iti0n&l And gr; 26 to thq irate of Calif ornietfor fear -tc p,-poses. 27:1 NOWt THVt&FOfM, BTM IT R&sm--,—z.D, t the city or rP.Ca.--h convey and grant to the State Of Gallftrnle -tll that 29: r real property situate in t" CIIu' I.y o 71swWt Beach o ., C"W" 30 State of Wifar�ila and to l;! Ae irnirg at the 1- e:ersection of the Southerly i rolon4tio o ly ' , le Of Faurttenth Street with 2 l the South J e d-65 4"e in Width), as said street aixl. lventIa `'a n on' the Oki)" st 4'ticln "Be of 3i Newport BNlah, eco n Hold .4, Pa&° 17 of Miscellaneous I-L spas. rpgO � Pf C•r8 E'Olst s CalY s rr running tha- Oil Southerly Hong the `� lon at the ..ass � _ - $ io r a line of said Fourteenth St A distance of 250 Peet, 5H! thence :estq .ly ainr a 21 pars.11e',eith2 a-id 250 f'e. �i distant Sou !ly frGlh the &jurth litie -pi- ;said Oo Are E a distance .oi':9 0 r rs or less, #�o .tha pu+ ir,tersection'jritii th therly prolongation of tkre n_ 7 lire of 91xte= nth St it 3.Ald CitYl thence Loathe^ e.long the Sou* Arly p r a: of th# Weterly 1?.n.e Bi said Sixtteot1 .trwt to ti , ->int or i ^,tarosetiOn Witi. •, th line ;of {d Man Avenue;; and P�st�l e.lo .� 9j = 1!7e d} di t 980 feat, mare or leas, the innir� _ it je ^-t tnr - Taxes for, fiscal. yea. q- 195{3, eso yet pay: 12 ?• i�ra trend` °ions a€s s *t6 Ins R? r 1 22 f4ed 13.' rOg1 ra.'if#ee�`r. ^ %8�i = to'the City f `� i.and Co o. Y wportAe..-Zt, ? mmicip I _?rpE tics I 141i recorded dime lath, ir, c:a records of said Ors+ :int ! page 1 01; bee.. I y, xi der' hereby ; (luitcl3 -_1he :'tFi` 4t:ir2 Y'or ,� ' -=t, titla and interest, pt' said I of e- ,P—)rt a n.clpu corporation, ire '— ,to &11 ? n,! lying eas . , hereina*oge particularly iDed real roperty., M - i 1T. ?jJRTIMR ity eY °s�per ; L ar.3 the City .Cly,K .the := of Newport lleadh -.pea j 4 1 C are authorized a :d cted t,1 :acute any a. 3 _ n,r,. �1.imenta Of Conveyance � .p ` +J . 1a 3sa .r FAt so as •_e:;'. L. III 22' 1 1a:3t mentioned real p. - r--3+ e v ty In the of 23 1 t -7 effaPt sa+C s'ntY• :�� 'Iv ty cert, 21. yy 'at ' . the d foregoing ordgolrig res ^ltLtion :rear 25. pass ?d a!:d ajOVte:i W Coup ci 1 1. ^e.iiit. y 26 i' =n[,. r•? ="-each sit 3 On the l 1 c a -A ba the followi r.g ,a, to wits AY::3, C In' 1 ::ti 4RE$I.SY ap.1!'p90N - ri f., 'r I ABSENT, .�i.Li.i`iCtV C K �. _ .. 31� 32) i ii i an W. w !M at Sea --wP- vaufte WOM.M"On fa " to hood P" resolps sea -dM,4oftw6 to Sh, toot lt9afM- .dt�ay..la (he Utr of BwjWs b- Ilk, dwaW of grump. Nmto st 7. Beginning us so 116L at us "Asimarly Pp"a""LM of 110. FOW%sfto owwo with the SOU"I&W wit 610WOMMOM (45 foot is 194w. Aw snit stroot MA Awswas doo-ApIft m the map of tow"= or me fte"et soak. lia. book 'A. Pass 31 of iashituoew More. Fosse" of fe ty, califoraw ttffly ftwkbwly aloft a- S"Murly Trall"mcamits, at me-ass"/1y ,Us of on" 7fwu•ttk ttrout 4 AleLess, a sx-ftoo, anus --vostorly Magog a it" Parallel city. A" 250 to". Mosswo awtherlp f1raw. the 3cuth 11.4 of said *,~ Avows a ALGIsomme of 9ft fast. wore or logo. to t4f point -r imleewbotIft wift It=ProlOO&WOS of the V*steell line of girbsiVA A City. thence Northerly slang the Senthrir Prolass"Ies of the W.0torly It" of "Ad Sixteeakh sines so -- use vout of istores,*t1o■ with In* &A-aw, it" of Bea Gooss �-A*IMMWI 4" 0011110 Z"t*rlY -long Bail 11a, a distance of fe". More er less. to the point of iegimiag. fslltA to __- 1. hairs for floral your 1949-3956, tot "I pw"IW L, MW OMAI$tM@ " set forth IS a deal Wed PAW 230. IOW 99013 00 Pastor 21"Irte Loat 09m;mmy. a suftomtj". to Wo "IF of "Or$ Boa*. a municipal cor"Fugieft. P*GDRM "M 130. 1921 Is took 427, pop 54 of one". Vogg"S of lafdl OeaMfa Govalwl Sums 1MONOW qvit"As to 0✓ ftmSm of California &U of the rW. title MA Is"woet 49 Mau city of orwort boomb. a MALOSPOI sw"MtLoo, Is a&& to Mil lam iliac smart at me baraimauffirs Portisolaru dwoorlwa real Peop"O. 1"A Gi♦ sib" Y. users" via R-OP60i to riot. UU* Or istereft of as Dotted most" of hoortes. %It do@& is mmule porous" to No"Istive, No. 3r7al of Who MIF of Newport loosk. ra 'I tMW Ums GIIW se Nvowt Bomb or no SOMMU boo oftawAred those faasa - to to damsebod " Its %AW IF its MWW std Its 61tv ftwk ws,4216w oc Oeww- 04- tI Ord ks or :Ns�crt Sal t-ho JL Zia loner da 62" and (flAllt-d b 5005 Wof c 6 a Taal 3tate Of cillAi ch OrL Lisa -.4tatb Para C ttat 80: that the In that.. ,In exeou QGfOtMr • d•aQ 17 .. I;gd %7 C >tr of , Newport B6'ah' ■ Smug :b* stst4 Gftllfcrznja, ha and tl?- dguent of t4to yark. Purpr'fies' aw 54Lld t)-a kamb 6r, bad f:,j• of the 3c4tj Of tr. '"r state P"Ob Ptu'Pvv.lA' hr'i' "Y Wal".4 hr! s7sten; and am.. I and ;j Id M that Y3106h, 13-A* a" 16-A. UsMMjjjV*i*XA*d in map book 27 PPOV44 Of craw County, "lLfornia. As-*.- be IA Me J046MOst Of Vr!: State Park Ir State P&Pk Purposes "t -said real prope�l by this, Cgmaj4jaw I& The &ssm or, and for 9-!W'the State or J'a for State park PWTGsoo Y laolu&4* State Peft 87stax. and ER IT PI oLVED that the n&tohipg v4au& 13-A and esUblish.d at @G?.jWj and dt IT PVR In s:� %hat the Sespetary Of the w and is, h ,sod Bad dl"ot*4 to Prepare a copy of the forelpLag 7. tiich shm,11-be attached WMA rd"Wded with 1, Jw-lL. or **"a r Was state- *0001 Ds'raawst fm am 340"tary of go state Park commi;�ik: &-o hereby oortify that the foregoing C" by-.U* BaJwitY vote of the mmb&ra of th. 1Of the State Of Naiforala, at a BOOt held 561 Betio$ to the members thwoof at im O*t*ber 21, ]L%g. Alths "t: l6frq Cal ,;OmA c --miff lw ;im i. _sue- CFAMMOM Of APPIWYAL T40 r Kroetor of rlranee of-the state of calif*rnla to the erecutim of the annexe:! oxlroyanee meted Oe `fs 1949, from THE CITY OF ■Wma? tip, a Maticiial Cis ae in the Cotmty o,^ OrarFey State Of CaliforalA, to tho =V=-of tbliformia, of real rrop.;ty- in tb* Downey of orsagaiiMito of Csllfomia, and accepts the said gaergaaoo aw rrty described therein on behalf of the Otate of Ca I ifomk& J0?,R S. MN, Director of Tinacce _- Deraty Director of r'.r+anee Fat ad t octebrr 2#, -1949 WaI00 MD AT XfQ! =sere o�c.mxoro. �3rp!e a .ed W_ it -, too, .��a: t�i�•'an er. 10 7 i �ltg7tn��r ma r P 4 . { s a ;tS -M a teli 111» aaa eerresf "W et the in.trumm" sf a•. c- aoeFSi�' tae eaY War gin" "card. -`3 Mae isaesaae eet 9 t• t ;.,�: eStiba seai thin 6q ed .1d..; t(i tbcatP i :. a -er IF _D.puty i 4044024 DETIT, Superior Court State of California County of Orange C .r.. . .... ........ --.. -1 1 .... ... Plaintiff Defendant 1 = tr to mom, esms of Vas 9'!]TS w l a YD ►ea slat ooum of MAM 6 B ollf Dt SON" feast*, s BhaSalpal ` T Oeryeratiea of 04 OLtih Class, iJ 9 a Z � ►laSatlff 9 re. !. lkC.lpl�t Doll. ADO hD *. 10 Q'7� Ipff, tBll!* DfR, tl1lf D0*, em fflh*. NOD am f*B, a Oeepaeatiaa, 11 Waimea 1] 14 18 so platatiff aaemlalns and 21108048 if 1. IT Lap pia plaLmtiff a" dasitm ail of the times hovoia " 1* mwnSeoml ON mss Sm a •ehlolpal oosporatton, brBaaisad o6 19 ssLtia* Vo4ar 9a4'by Krtsa of Us labs of the Btata of ..,' dfl OU.lferaia. atd Attest In pha Coney Of Oraafa, is 0014 Osto. s s1 U. Stet tae StW mews of the defoaaaats sued battle , 23 WAO tha flotltioa ayes of that pee. Noon Da. Talyd Doe. f~ ft%"b Dos, tstah Des "a *Lath Des Corpoaetion bra M& aria 01 Use In vat"ra to *a plaintiff. mad plaintiff preys that ehaa th"t St" *10" shall haA beat aeoettaimae that it he f7 papllttod to wad this esmpialit hay the isaertion of told tree MOM IS Man UM 0404 of acid fiotitiona name. an that this 39 aatlaa pro"" a{alaet 0044 dafea4ante 44 if they Vera ha.eln 30 ""a 10Mr taalr txw ... N. e 6 7 8 8 10 11 12 13 14 15 16 17 16 19 20 21 22 23 2A 26 28 27 28 29 30 11 32 �Br uI• � wca. yR :On�6Brisa (er, .allslr _t„..natseM at awn a - Mlpentlon erganseed and eslN ..�Lg eieas and IV virtue of the Jews of the State of oaliforala. n. That the plaintiff is the oeaer Of and entitled to the possession of all those certain tidelands, filled %Ise - Ian" and suboorged lands situated In the City Of Newport leash, State of 0a11fsrala, and tors particularly described on follows, t0 -wits "Sian! as as a point to the easterly Jim Of Lot 1 as shown on licensed eurroyarla amp entitled h1 Oord of Survey, Lange Of V. 1, Notes, at at -, filed In Back 3, page 34 Of Record Of S�uveye fn. the off Jae Of the 00unty Recorder, Orange also being the "S%erly 1Iiu Of central avenue, ewetlnee called Newport Avenue) Which paid% Is South 1GF 37, 40• lest, 106.63 foot from the northoasterly car her Of said Lot s (said point Of bsgl=- Lag Is located In the esntherly line of the property aOnadmad by the state Of *"Ornfa for It NOW by iWasent in rlor 0uprt Of Orange Gronty, Ones LO, )„ Turning thOnoe frog sold point of beglnaing North 56102- 696 tent i0 a point In a. line sixty (60) fast e"t- orly frog and parallel to the easterly I" Of said Lot 1; %hews South 16' 37- 40• lest along wadd Alm t0 an inter- section with the *"%Orly erteNlon Of the line designated -North clnae by decree Tendered In the ac %lea entitled Olty Of Newport Beane, plaintiff,. vs. Southern Pacific Railroad Company, *t al, defendants, Onto le. 93686 of %be Superior Comm of OMW 0ounty, 02611fornia, a "milled Copy Of whloh doors* was re- oareae septdater 19th, I"d in gook 301, pegs 20 of O.ffioial Records of said 0omatyi than" l"%arly along the s"torly extension Of sate -North Limp to a point in the Westerly lice of said central Avenue, said westerly IIm Of Oentral Avenue being &ISO the Southerly extension of the easterly Alm. of Lot '!L of said lands of W. S, Sate*. (said point wing the easterly sad Of said `North Lim ); L. w a i r i i • 7 f 10 u 32 >i i• is s tl theme Us sr IA and 371 hoe Seat alas• of esia Late 1 had don theme to the tills sa+a mum of eet►te a ira:ees !t sd to fold teal. Or+wso er Sege part or Portion "end, eberto to Said plalasuffi Nat tee *lulu of saw deteeaaets ofd each of them ie 11th"* our right 1lhetereT. eat as" edeSesN hro not, am here either er ear Of thee eq light. title. estate or interest ph I r is geld loft or eflaisse w s4 two -Una wt4 i tiatfeht to d q One. es' iaftln thee*. i MMUt pwo ifepoat as to1111et 1. !bt aw dt•Mds"a be reeaired U we two OR flaw of "oir dakwu nos. m Net ul 7n+drw elolse d hold deteada7b mat-a" #utaos eRF ho dese etlaes �. . womp or this Ohmrt. = ' : •_ i. !!at t1 -dam dreit�s le deelarM has sismwt lees sW dK aftate4@ aft. 'Wh ogre either or liar: t *km. :. - M1 40%06 ¢ laterba it7ree L s N Sala ism" W! lrewteoa. ' or sr Dori of sorties lbiiw. -am that the title of Sstitatttt: to good am* v VAI& i. Set Iw .i.ppmraM .eon took of Neu Im terwes ealelma Sad dohlddtataeo WRttm hoe as" 165*- over L or is gala Uaft 44[- pndsg.. a&SM to p2ma"ltt; Ow. shat pudas3tl CMS sib! an/ tws6 Proust al. to -awaaort Amu faai fe itiL,.iQewnta i6, e•etM. fit%Des - Nt, Nets at slat. } ,R M$�14:r rist diO� aootl. ? raq Sam flat- ;l-T1$ a* alto evy of reoerd fee at atlff, tad the Od$r oor of the city of feoprrt teaoh, etiff 4t 00 shoal *0"&" setleht that be WM 90" 902,06elas QWL►S/!,'W 4FZ } TInt, and k$oee the of*- - "��� - letef; en t.s� *IOU" � tee to tfto of big can knraiedot sm�t'4k. to as Oaetiilt Yl thlrela $fated vole lie ..: -: tetelINlIM ASIA L$ifli A _.;$,r to *A" m attua flat be - 7! i$ileno It to be trw,... "at he .ablull io aff"atit on hHaif of the . 14 Oltf o! Xwpfft aeeek feW *0 "&On that he is eery !$$Silas u Nab as fete in wlt'eake'tW 0e' of the other off 161"s 49 an all of teepors tk*. VA oe Oitf ltleraer at +hl ray ... _ 01'1e0lamt sass! hW V00*4 1e laetltate the O �. � psddtietE, � *c. stsDiea � ., � 73ililisgi a awy2atet w tsss a�e�:'. '*Ntffe. air each or sht .u.Q.t}oew s ,': ti Its 3st6,owol:sYM, e<.o /z1eQu7 dy4aww. .. ,iq j.- s�sdpsph 14 am' ndo. tiluta tF4e- ° 9 .r�r - 1 d',lel [_" O_iitiM319 uelee tAav me Zen» 4>w 0117 or so , U.,M, oeetrtned 1n ' Deregraph 4 ct a�1R "ALMS " @{tats to the "Al ,;'J 7>A' q i uE1wpA thle Gafon ent 1. !ir -'u�a! iaE�i"�t olE'11,�.un #rofi+rs7i-®1 balns,►l�,.ota.l. ' qr �re�Yrire, tels' war. �aApest tmt pl,snclft umt, h► toad Jwasas Is.L1�,S_. ?ee4nt Is Uo oww.r to too It,.,�"i r pb h343 I � EUf �d.a for ❑dl..�?!dY? �. � psddtietE, � *c. stsDiea � ., � 73ililisgi a awy2atet w tsss a�e�:'. '*Ntffe. air each or sht .u.Q.t}oew s ,': ti Its 3st6,owol:sYM, e<.o /z1eQu7 dy4aww. .. ,iq j.- s�sdpsph 14 am' ndo. tiluta tF4e- ° 9 .r�r - 1 d',lel [_" O_iitiM319 uelee tAav me Zen» 4>w 0117 or so , U.,M, oeetrtned 1n ' Deregraph 4 ct a�1R "ALMS " @{tats to the "Al ,;'J 7>A' q i uE1wpA thle Gafon ent 1. !ir -'u�a! iaE�i"�t olE'11,�.un #rofi+rs7i-®1 balns,►l�,.ota.l. ' qr �re�Yrire, tels' war. �aApest tmt pl,snclft umt, h► toad Jwasas Is.L1�,S_. ?ee4nt Is Uo oww.r to too It,.,�"i In said OGSPI&Imt; that plaIntiff be Se*, ss► "AM debarred. froa aiso"Ung my rL�t, tit:.e, intgr&"i W 4&10 Nbetwever 10 w to sold lend or any pert thersof that this dormamt have such other end further relief As this Court dome eqoltabl4i end Car this 44fenuntla costs expnmlvt and incurred herein. 111ZI, KROL-ji. & LAII.SA 10 1 11 W. R. Xc►ee. 19 13 14 Is Is 17 is 'a 20 21 23 24 27 28 29 30 l dint 0e� iw srAr 09 CAI uaaw POLL YM COUNTY OF ORANGE AfI76. YROBB6 A FRFH C ll rnaAS��.r u�. �rMr •'1h CJ�IIwYIr E r_� Adh. Sit) Bpurga Bldg. Santa Ana. DailL. -TOW 2914 Fe N TM VJPHUW OOM OF TM STATE op CUmo m N AND POB TM OOUNW OF OBANCA all? OF nwpm BZA®, a NMI -. {S O on ozporati of the m m.b w 4223 R . Ae H1TH W- IL VWM. AMT DOZ. SUM ---- a.u:.A.a.. fM . BOB. TROD DDB. ram= DDZ. F ma A. 9IZTB M, a Oorporatlm - L PA. .1 Aaa' Quiet Title. L 7e ruouud (m T.r Throe Daye. = f. M' Wreaen:ra. P.edny la SMrn.w. go- .,,,, s. Arens tar f•Idaie Roland TAoapaoo 210 opwp= allg. Meta Ana, Mlit. a Ai4� Phan. xa. 28'. -: r. Ae far 1w d.0 Yire, tpoeee A Larch 505 Firet BNioml Bank Bldg. Santa Ina. Calif. " AAdo P". N.. 43' 4ti Aua far D.fudu, Ph. No. Aum� f. - Alin. Ph... No APae is odd. AAI. Ph.. W S- Died - 7 TL QrA Y Mis r.qm. W ao p6m Ar CW A. Lb . Ae H1TH m vri or SOve® w4*mm..r TSwi. , P. ` dwp d. in$ bb d >.m M W. s ...A im.d V . � PI... ....a I. aw PI... pe.iA.d IIi IJI d8v rll w M 10, d.Og kb .h...... nebx{, M., v. wh e jetr. a..rii .6..1 s N toad 7.�d d wm a Wm r, dw zz Wwi .••Ot' d h h 3!'! M d�(DOOesDei .19 43 A.m• * Iw D�tsManO. V. 8. motto. $TAT%OP CAUPOWIA APPIDAV[I' OF SERVICE OY MAIL Cr.q d O.-W 1 , W.1 dW, m &P ...d .q.: 7%. h. i �. d dr .den h bast au M rimW hk elke rt dr u s d dr atmm.. h hrtsi d ream..bi. e6v m : bu bm n . wy.4. d.Jf br u l bu.v. end brt hr .....d do .nh6 Mrt.o...dnm o. br d.w.mur • .wr eh—f —h. Pon ahe. u .db.sd u Wlb : m . waled ....I.,; ...h pou.p..h ..... ... d, .. Subw.Sd.md ..o...o b <Iw. m..hu _.._.., _ .. N.+., Pbliv 7 - - • za TQ Wvr=lu =NT ar To OTATt or CA61FOEMU • is AND rot = amm or a"= u u CITY O TRRO•T Ot.CO, . Olpal COrporOtiaa Or no nstr 10. 423M Plaintiff 14 WDTIOt ar TM OF TALL - �• hstin�nt._ 19 _ Ts i• TO W. A. tiedii m I[=. IRDM . LAM. Ltt attorM"; =: so TM AM Z.®{ at TCO WILL YLt"t T.6 tOTIW: That tM •i Oast. sotitlra *am bas bOO rW{alwly sot for trial for the y R W4m 4 Of .Pail. 19"..3 00 bar Of 10:00 s +aloof A. V. y - in tat abo aatitla. oww"" Chat. i n t.a: TrarwM Uft. 1W4.--. A,L n # T4twlnd oeyr of at fortaelag Dotla tt,.a ±� or ;r ae WObrrOTT. 1944. _ ys V a Tau taws a LieWe. w LC..; 4 JWgP4WAIFIV,, x • ASSORMY tat Plaintiff Wes.. k g simel SM Mrry 7B- IUMON OOM V W 01123 07 OALUMU 1K An Au on" or clubs Ony or now UM, a NMI- Ousposation of as ago go. 48881 ►USAUff 5TI►ULATION 1. a. we=. at &I, IT to MuM stnebmiln by amd netwoom tb* racpsouve sittorm► for SIM »epaaeLos pwsiae above named, that tho trial of Ww Nero onaltiod asum OW be ocatimu" from Sba 24th day of April, IGOA, to say "So Gourssiout to the awmV a calemitar. ISU62 April Vu. NMI Exam a LAW. DWI t ��A�ttll for fondant Roland Thompsom IL 210 spurepon Building 2 Santa AM. Oalifotnia Tel: 3414 4 kttornoy for Plat ntIff 5 6 7 12 TU 97PJRIQR OOUR? OF THR EIATS Or CALIFOfMIA 8 IN AJD nIt TU COUNTY OF MW= 9 10 OITT Of IZVMT Oak=. a Surilcipal OorporatIon of 11 she sixth 01"01 12 Pl&LDtIff' I To. 42234 IJ 14 W. R. SoM at ma., HOTIGS or THM. 15 Defendants. - - - - - - - - - - - - - - - - 17 TO V. R. ROUN, defendant above named. and to VIZZ, KROZU IB ; AND LAM, attorneys for maid defendant; 29 TOV AWD UM OY YOU WILL PIA"X TAZZ IIOTIOZ that the sbO v- 20 entitled Gamw has been ro-mot for trial for the Iltb day of Atly, 22 1944. at the hour of 10-00 A. R., in Vapartiment No. I ct the 22 above- entitled Oourt. 23 Dated: April 18, 194{. 24 28 ^ A t rn y or KAIMtVf 26 27 26 R*061ved a copy hereof this loth dew of April. 1944. 29 NXIE, MW AR D LARM 30 f by 31 Ay- mm MPA" 691 FM P% 6 7 a IN THZ 9",FXRICR COURT OF 'A "r K�z all ee 9 IN AM ?Olt m MUM Or QplkJVGz 10 11 CITY Of rM.T^7T B&ACH, Qorperat ion 12 sixth .3 i ;uintlff, 1411 Vs. et L, Defend 2:c. 4.,L 4 ETI!'-':-AT0CN 17 IT 16 HL--Li..T 6-.l!uLATlD or-- the respective ;-Ive 1 th"t thl-' go ent:tl".: L"C iA hl"01,1 uncSr.v t.i,Ll (.um 21 the 11th aay of July. 1d44 t, a datt 'O,r V 9 22 23 24 25 26 27 28 29 301 32 �atee. Jme 27th, '1944. 2 L E JUL 1 1944 ... ... SMITH IT �.E O'. TV '07R! �,F nZ 217�!T �F �ALIFMYIL 9 10 11 Cn '.F 12 31't� z. -aE. 13 14 1.51 Met E¢. et -I.. Pwr'r'd'ntv. 17 — — — — — — — — - — — — — — — — - is y TC W. 1"CKEE, lefeft-'-nt 19 20 TOV A?— F—:E 'T YC-: WTL� :7:77-,Z ... -Z 21 nlitled c•se YAe teen re -vet for tr--! for ',lie 24V. d=y of October, 22 r. nt the 1:)too A.M., 1, ::o. l of L?'s 23 -bove-entitlid 24 D^tqol JU 1" 1?44. 25 26,1 27 28 07 Attorn,, for Fl,inttfl 29 Re-e-.y -d I cop,- hereof thla . A my or July, 1344. 33 Arr LA -3H 31 Attorneys rV paread 0-. 27 28 29 30 31 32 mist. "MM & LAZO — 7 ob, Attorneys for Defend-M s air Or ORA310 MT of SaAm. 12 23. 14 rF Is It. mam. a* a. As is 11 18 WINIT STZPMATID by and between the respective 19 _Attorb"o for as "OponlVe parties above based, tout the 20 above eatitled can MW be "UtIlmod frOM, October 24, 1944. to ..21 SM aafa anweasout to 10M ftert's Oftloodox After MOCLUT. 22 lovemb" 12, 19". 23 Dated and $IV" Ofth" dft*7 Of VA 25 Attarney for plawnixx 27 28 29 30 31 32 mist. "MM & LAZO — 7 ob, Attorneys for Defend-M 3 , a a a n 437"03 °a`,;,1�17 �cci 1 l5 OITr OF 1110daT SALE, a Mmndcipal Corporation in the County of Ora►p. Ipate of California to oommilea►tion of TJN DOLLARS and other valuable consldsration to it In head paid, receipt of which is hereby acknowledged, does hereby grant to ME STATJ OF CALIFORNIA, the real property situate In the City of Import Beach, County of Orange. State of California, described as follows, to Witt Negiaaing at the point of Intersection of the Southerly :prolongation of the Ngterly line of Fourteenth Street with the South line of Ocean Avenue (65 feet in width), as said Street and Aveav ame shown on the Map of Section 130 of Newport Beach, recorded In Book 4, page 27 of Mieoellansous Maps, records of Orange County. California, running thence southerly along the Southerly prolongation of the Easterly line of said Fourteenth Street a distance of 250 feet; thence Westerly along ►.line parallel with, and 250 feet distant Southerly from, the South line of said Ocean Avenue s distance of 980 feet, more or less, to the point of Intersection with the Southerly prolongation of the Westerly line of Sixteenth Street In said City; thence Northerly along the Southerly prolongation of the Westerly line of said Sixteenth Street to the point of Intersection with the South line of said Ocean Avenust and thence Easterly along said line a distance of 980 feet, more or less, to the point of beginning, Subject tot 1. Taxes for fiscal year 1949 -1950, not yet payable. 2. The conditions as net forth In a deed dated May 25th, 1922 from the Facific Ileotrlo Lend Company, a corporation, to the .City of Newport Beach. a mualclpal corporation, recorded June 13th. 1922 In Book 427. page 54 of Deeds, records of said Orange County{ and Does hereby quitclsi■ to the State of California all of the right, title and Interest of said City of Newport Beach, ► municipal corporation, In and to all land lying seaward of the herelnabove particularly deeorlbed reel property, Said City makes ne warrant with respect to right. title or Interest of the Onited States of America, �1 ' This deed is ride puramnL to Resolution No. 3728 of the City of Newport Beach. IN WITSNS 08870! the City of Newport Beach by its Council has consido"d these presents to be emeeuted on its behalf by its Mayor and its City Cleric this PEW of October. 1949. OITl07 T7 J60 Rem va G/ /�Ve,]a� r Ids r:4_2k �_ e ^ �i yie8•. �� ...... b� 800 MUD mm* BE IT RESOLVER 160, A a i M, M, ..J Ibex m r.rb Mebr I6,E;rd to w, F N vnli.( (rr! a I wri.a ., IM 51.1. a CJ / Gmin, fed 01tl I ,ry WtOI& Ibenb, w .ae�,.1. II.,,M.. I& a.,.IM/ 1 vb[b L MbOtW br I& U., P AC uw.. .J Ib.,br n., /w r w b"I .1 Grub• a 1& •elvr(,Iio. IbI f In .rmN...v •ilb IM Fib.+ Of &,Ib. III( Of IA. CnU Cdr Of I& 51.1, 1 Crij r `I I HEREBY CERTIFY IM Iw,[u+(u , / ^I. Iry .a mrc1 -Py Of Ib end.liou a."d by Ib Gli /mW SW, Ad Cona:uiw .I iM1 _V., b.l,l Mn(b I f, 1946. I 65�!K L .n ard.v„ vnb Ib /o,.adva .ndv! 1. Ib ,a"d't;Od' beeir .,nF I& ,w"'o, , d„nu .n.odd lro.. .. .._.._ BEACH, a Municipal.Corporation bl.l of C,,Ef —m_ 24th_ .......... r r ,f -..... STATI OF CALIFONNU) SS COUNTY OF CRIME ) On this 'Z (- of October., 1949, before me 2L:1.1 –p -- , a Notary Public In and for said County of Orange, State of California, residing therein, duly comnieeioned and swam, personally appeared Dick Drab, known to to to be the Mayor and C. 3. Priest, known to b to be the City Clark of the City of Newport Beach, the corporation that executed the within Instrument and aclmawledged to me that said corporation asecuted the ease, IN WITNESS. WHEREON', I have hereunto set my hand and affivd the official seal . the day and year in this certificate first above written, .- ....... ..'.. Notary PnDlio pia and for the County of - araaV. state of California, My Commission r-pi.,,B Jan. 15, ISM i ASIMM S Be. m l9?-7 wi 1 R 1 ■BSBIBo 69""90" al a. IY MISS y o! BNeasy. IV*. W 2 i !Id Mmdl of as K* it urMl U60 dsls as*w its losoldtta 3 �� so. NA *@"&a It at paelwd aws. Nhar %Bea. that duo on state 4 of saLfosdy she" fowled r 90 @0661" If odd wMlatta Mt 5 rersk. eiNdr► dfrsata sal BeM4 dhoA In if►Ihile • al B repo & e , r. V .ass@ sooaiwsisy eaA+se i ihs dt* of severt leW M W 7 !j Mete of 6dilfaeala so We d SSe fQuw J f Meatb" rsai proper*. 8 M wits 9 B1elw 14l se"ia B. foeport BeaoL 10 M rewr4s. la MlW Beek ►. pop ti of ■iferslwoao 11 A+e. lesordo i erye Coa*o 0aliforaia. 12 13 VENUS• an aydtottla 1/ 00 state of California of real 14 prgor* V awrdaM with sle props la. Mil rewlatife "ftm& M hoe 15 ootaAod a gr*~ ORPe0M M Ms $t►Is of sdlfonia MM eeaMrtplatodi 18 I and 17 1®MIdS. it appeere M she eatlifeMa of Us city of reeport 18 Boast that W Hale of salilerala ►sa am* sold aetaiwitiea so M 19 it thole la aY Bpitdle ♦ as as and r07Y. It She city 20 j� �peare le M for W twt LteTeOt i 21 is i Begort head Wt. if oodoldMetia Of W yralMo Md other Ialaahls 22 ;I Maetdanitea..all of Idiot Mo stop, Ooadl of W 01 of 23 i� down fair. Beet.. asgfele. lowil ad lMtgl. and is sewerage" Ht► W r 24 love of the Nale of astlerdL. the 0!* d Belpert Beni +cell .ale M od"tioaal Haotlsa cal 25 .� .pat M W ftaM of doul.rd. ASS pMk 28 pospoMa. 27 28 29 30 31 32 file. BI• . it Is )IMMO. Mat On Ol* of Bwport Bomb sari pal peat M Na after of sallforala all oat ow%" Teal pfMr* aitaste N W "or of solve" Bad. sees* of leap. @lets a ddtlrrata aid arse paru4slarts dreMdbe& as fellasa. M Itu owl 17M, I so"" at 41100 ftodhmqv W. WSW 3 mw fe essums w at Name or at mman� 5 Move of Odom me no Rare & "NO-rowns" 'to. wn OWNS &� OU Invest Ammonia aws an same.- 6D so posma me 7 Ovesms"M me sm ftweefty "on swums, weiraway 8 ww" so smosemmy at as wevem" imp Be am antimanow somerb to POW or souress►m VIS so Now& Ike f a" faas sumn m "Nees fte9 nr &am wou aftwo & usboom at so se", man or Imes. er 00 poka 10 j at issumen& 11 12 1• , twenes fair fin* Fear 19"490. met yet porafte. 13 S. fts aftatkaw Be mob forth, in • sess assist EV elk. IM OWN, th• ramme Annob"a bask sagoow. a seatersugoo. 14 an %a *"# @I *MOM annee- #'fey* ="NVMUM- swearGod it IMP 'on In as* 4", rose 5► at assim, 15 no"" at mall wasp OW&A" and 16 I ft" hwev 0&640" bw as 866ft of foutwo" au at the 1,40166 "Me and kneIGNIM11 at an" ftIF me Newport samok. a 17 1 mmacka emmpom*bmao to an& bw gal &=a Ireng womisent ot as aeedeelepe 7ar6soulmor dwsmooliked rea peop- to, is is So It PIESslK MMM, so Its nww ar an @&IF or moupwo soma 19 me welt) flook at she UIAV at Propenot Asock to me show Im"%p we antbwtow 20 ask day"Ned In sommole ow me an appropriate isouewato at senownwas ass- 21 sommy or swe"out we 40 to we" UUM Is no" love nowbiamed =4 proper* in 22 No stets at "Ith"do, WA ID OLIPW so saw, 60 efee" a" poosperiv. 23 1 bmv4w Bar" got so atom ask fammenims fooplaues war dift wool 14 M, So QlW at @w of same 25 at a vagoilLow, swe"M a~ b" an ON IM aw of gwbmbwo'lM* %F so 26 I fallowing T*bpo to WIN 27 .... Nv%� IN 28 v IQ- 29 �O 31 ;7, 32 1 2 3 'I 4 !. II 7 i 8 ' 9 10 11 L: 1:S • O. ,N. !lLtOS, oa oath depoeaa aad W* aow,1U27 mil " /S ttrt h• L the "I elastel aN gmalifisi City Clark of the city at >tespo +t Nsasi6 teat r each Ditty Clerk he has is his costodl Cad maYr his o atrol, all "Cords, iasluding the Bseolutioas of the city, art, eertlfiss that the attsahad Neaolutica No. 3728 ie a tres teas Correct copy of the City of Newport Beach Resolution Bo.. .3728 which waa pascal Cad adopted oa the 12th day of septeaber, 1949' by the City 0otmcil of the 0ity of Newport Beach, California. Dagl this / of 11 , 1949. c • fis• Clerk of the C1 of Newport Beach EXCERPT FROM TIM MINUTES OF THE XMINO OF THR CALIFORNIA STATE PARE COMMISSION Palm Springs, California October 21, 1949 PROPOSED ACODISITION - Orange County Master Plan. Lands Officer Henneesey asked for resolution of acceptance covering the matching deed from the City of Newport Beach, under the Orange County Master Plan. It was moved by Com- missioner Scott that the following resolution be adopted; VEMEAS., the State Park Commission in authorised and directed by Section $0061 of the Public Resources Code Of the State of California to acquire tee part of the California State Park System such lands and other properties as in the Judgment of the State Park Commission shall be suitable for that purposel nom, therefore, BE IT RASOMM Ldtat the real property described in that oertain doed dated 66totor 17, 1949, smoutea by The City of Newport Deaeh, a mtmtoipai serporation, to the state of California, be and the ace are hereby deolared to be in the in4sa at at t e Okft I" 0e00faism attwus war state park pmrposet, a tats L seseptea by a" am- atssiea 3t av AwhwAdLS "tarts aw ar. Sam.. �. 11)27 ����t) IT S i-nom m that the mistaking value of the said propertiea is established at 0101,920; and BE IT FURTHER RESOLVED that Blocks 13 -A and 16 -A, Section B, Newport Beach, as recorded in map book 4, page 27 of Miscellaneous Records of Orange. County, California, are hereby .declared to be in the judgment of the State Park Com- mission suitable for State park purposes and said real property is hereby accepted by this Commission in the nano of, and for and in behalf of the State of California for State park purposes and is hereby included in the California State Park System; and BE IT FURTHER RESOLVED that the matching value of said Blocks 13-A and 16 -A is established at $87,360; and BE IT FURTHER RESOLVED that the Secretary of the Commission be and is hereby authorized and directed to prepare an appropriate certificate embodying a copy of the foregoing resolution which shall be attached to and recorded with the respective deeds on evidence of its acceptance by the State Park Commission and the inclusion of said real property in the California .State Park System. Seconded by Commissioner Carrillo and approved. ROLL CALL -- AmmB: Scott, Carrillo and Enowland. NOES: Bone. ABSENT;. Easch and waldner. 000 000 000 I, J. B. Covington, Executive secretary of the State Park Commission of the State of California, do hereby certify that the foregoing resolution wan adopted by the miajority vote of the mamibere of the State Park Cceteissien of the State of Oaliforala, at a Meeting held pursuant to due and legal notice to the mmobers thereof at P Springs, California, October 21. 1949. 4 STATE OF CALIFOIHIA DEPARTUM OF FRANCE STATE CAPITOL SACRAMENTO, CALIFORNIA CERTIFICATE OF APPROVAL 9&4927 H0 l8i The undersigned, Director of Finance of the *. �'r of California, hereby consents to the execution of the annexed conveyance dated October 17, 1949, from THE CITY OF WEWPORT BEACH, a Municipal Corporation in the County of Orange, State of California, to the State of California, of real property in the County of Orange, State of California,. and accepts the said conveyance and real property described therein on behalf of the State of California. L TAMER S. DEAR, Director of Finance A.' PArl Washburn Deputy Director of Finance Dated: October 28, 1949 RZOORDED AT MUM ON GRANTEE _ OHF Cut MOORDa O>p OD=* O.tiLomY 1 posh &BMW 0 STATE OF CALIFORNIA 1 .. .. ""Cedrity of Orange I - . 1 CERTIFY The foregoing to be a full; true and oerract copy of the instrument recorded in Book No. 1927 N Official Records page 175 Records of Orange County, and that I have carefully compared the name with the original record. WITNESS my hand and Official Seal,. this 15th dayof Sept. 1954 RUB"cFARLANP County Recorder BY .Deputy dk I Roy A* Linn Suite f340, Rowan Bldg,., Fifth and c�prin6 Sts. Los AnColes, California Dear Sir: December 13th, 1440 ReferrinG,to your letter.of December 17th, 1940 reC,ardino proposed extension of Pal.:, Street southerly of Surf Avenue in Balboa: �iie answers to your questions are as follows: 1. �. Flhen, if at all, d"d the city obtain title to the property that lies within the lines of Palm Street extended to the line of hiGh tide? A. The Record Map of Balboa Tract, recorded in Book 4, pace 11 of Miscellaneous Ma-:)s, records of Orange' County, California dedicated Palra Stre:-t.4 r feet in vjidth,extendin6 from Surf Ivenue southwesterly to the ordinary hi -'h tide line of the Pacific Ocean. Durin, the past 20 years dred6ed mater- ials have been deposited alone the ocean front which has materially increased the width of the beach. The southerly terminus of Palm Street is the ordinary hiCh tide line. 2. Q. V.hen, if at all, vas this particular portion of the street dedicated to street purposes? A. Answered by 1. 3. Q. Has the City Council, by ordnance or other - wide, accepted this particular ,ortion of the beach for street purposes? A. No. 4. Vhen and at what time -.as the grade adopted for this improvement? as it adopted by resolution or by ordinance? Roy A. Linn Los Angeles, Cal. Page 2 12 -10 -40 A. The City Council, at a regular adjourned meeting on Mionday,, December 16th, 1040, approved the plan and ;:trade for the extension of 'el'.7 Street by resolution. �:LP /ap Very truly yours, R. CiTy L. �P. T�atterson '{� -..is It it LAW 'OFFICES ROY A. LINN SUITE 896 ROWAN BUILDING .FIFTH AND SPRING STREETS LOS ANGELES MUTUAL 8925 IN RE Mr. R. L. Patterson, City - zAS1As M,,::_ _ . Newport Beaoh, Calif. Dear Sir: 14 December 17, 1840 I understand that at the last Council meeting some aetion was attempted to be taken looking toward the extension of Palm Street to the line of high tide; or, in other words, the extension of approximately 270 feet or more; and for the paving of the same with decomposed granite or similar substance. Personally, it would appear to me that this is a waste of money as there appears to be no particular occasion for the extension of this street, unless it is an attempt to turn the ocean front into a parking lot. Will you please furnish me with the following inform- ation: 0 When, if at all, did the city obtain title to the property that lies within the lines of Palm Street extended to the line of high tide? /� ) When•, if at all, was this particular portion of the street i4oated to street purposes? Has the City Council, by ordinance or otherwise, aooepted0t�his particular portion of the beach for street purposes? / q�jWhen and at what time was the grade adopted for this improv t2 Was it adopted by resolution or by ordinance? Being an owner of property on the ocean front I per- sonally very strenuously object to any steps taken which will eventually permit parking any place along the Ocean Front. Such procedure will mean that the beaches will, in the future, be in a much worse condition than they are at the present time, t 4 41 espeoially in view of the faot that the pity so seldom oleans the beadhes. I would appreoiate reoeiving the infomation requested herein at your earliest oonvenienos. Yours ver truly, WY L LIEN w June 21, 19339 Mr. Roland Thompson, Attorney at Lase, First National Bank Building, Santa Ana, California. Dear Sir• 0 My client the Bartholomae Properties, Inc., owns lots 5 and 6 in Block 1, Section l of Balboa Island and we are informed by the City Clerk of Newport Beach that the council has assessed a rental of $5.00 per annum to each owner of a pleasure pier crossing city property. My client has no objection to paying the $5900 per ate, provided the pier actually crosses au. tide land property belonging to the city of Newport Beach. The certificate of title held by my client to the property involved . does not show any tide lands which would have to be in front of the sea wall in front of my client's property. The city clerk has referred me to you for further information as to the ownership of the city to the tide lands. I will appreciate it very much if you will inform me as to just what property the city of Newport Beach owns in front of the property belonging to my client and when and how this title was acquired. If, as a matter of fact, the city owns these tide lands over which my client's private pier is constructed, would it be possible for the city to give a lease for a definite period, say for 20 years, instead of making it a yearly license preposition, Any information you can give me on this subject will be very much appreciated. Yours very truly,. %iLLIO& EDKtd EARL D. Kimmrox ATTORNEY AT LAW SUITE 1102 PACIFIC MUTUAL OUIL.I.. LOS ANGELES MUTUAL 2278 June 21, 19339 Mr. Roland Thompson, Attorney at Lase, First National Bank Building, Santa Ana, California. Dear Sir• 0 My client the Bartholomae Properties, Inc., owns lots 5 and 6 in Block 1, Section l of Balboa Island and we are informed by the City Clerk of Newport Beach that the council has assessed a rental of $5.00 per annum to each owner of a pleasure pier crossing city property. My client has no objection to paying the $5900 per ate, provided the pier actually crosses au. tide land property belonging to the city of Newport Beach. The certificate of title held by my client to the property involved . does not show any tide lands which would have to be in front of the sea wall in front of my client's property. The city clerk has referred me to you for further information as to the ownership of the city to the tide lands. I will appreciate it very much if you will inform me as to just what property the city of Newport Beach owns in front of the property belonging to my client and when and how this title was acquired. If, as a matter of fact, the city owns these tide lands over which my client's private pier is constructed, would it be possible for the city to give a lease for a definite period, say for 20 years, instead of making it a yearly license preposition, Any information you can give me on this subject will be very much appreciated. Yours very truly,. %iLLIO& EDKtd N • Mr. Earl D. Killion, Attorney at Law, 1102 Pacific mutual Bldg., Los Angeles, California. Dear Mr. 0 June 29th, 1933 In respect to your inquiry concerning the pier of Bartholomae Properties Ina., beg to state that this pier floes actually cross city owned property, and also tide lands o�^ned by the city. When you are in Newport Beach, the city engineer will be glad to show you the city map, which clearly indicates the property In questi n. The city h�;s not made a practice of leasing for pier purposes, or for any other purposes. It will therefore be impossible to obtain a leaee.All piers at Balboa are subject to removal upon notice, but I do not believe that these piers will be ordered removed at any time in the near future. In fact, I might Tay that practically every pier in the city of Newport Beach is sub - jeot to removal upon notice. AT: La Very truly yours, City Attorney 11 Page 1+62 MINUTES 0 April 10, 1933 "It was moved by Councilman Claire, seconded by Councilman *xvf+w}& Ellsworth and carried, that the City Clerk be instructed to bill each owner of a pleasure pier crossing City rrcperty for a rental of $5.00 per annum.11 1 2 3 4 5 6 7 8 9 10 11. 12 13, 14 151 16'. 17 18 29 20 21 22 23 24 25 26 27 28 29 30 31 32 ROLAND THOMPBON A"CRN[Y AT LAW i $A TA ANA, CALIF. - 7011 iFi''Y.l e '.II lens: r- __.aeir. co. ,tructed v r: ,;e' 'fed by i :wat . i ;::iivi':o,tsa in the city of llm ;port Be: oh e <ten-d over and n,:cm cirty ovned pro-pert'. ; and d 3i1i 3, tilcse persons :ho have coustructe wimrfs, i�iers ..0 l:_i._,ih cc's airier per: .; i�; ed 7i ti -r, City cf *v ES.* grt Be-,oh aver, across acid ui »n ; hty - -rued proi::erty, are nct 1payin{ any rental to the city of Newport Be.-ch 2.t the ;:re:,•e ?'.t ti > -;e; and WFEREAS, the Citi, CouDO -11 of fire cit.r of N- CMhcrt Be ach believes that tiicsE per °ace: �3 ,� Y.::.ve hsiiructed : 5rirf�, p =rs .nd la=hd ags on, o *,er and across city owned propert} , should pay a reasonable ret:t: -.1 ''or tile ,Ise of =z.id city owned pr c: >erty , NO',79 TFFFiEFORE, BE IT FIESOLVED: That those persons yrho have constructed wharfs, pier, O-C landings on, -giver and across city owned property, siirhil is %r as rental to the City of Newport Beach, for th�use o_" the city 1«nds upon which said Wha.rfe, piers or l rdin €;h are built, the sum of $5.00 per year, payable yearly in advance, co:u *.iencill, s of the 7s t day of July, 1935. BE n l f f Et1C { IRTEF. _3n .::J: ah: % rentals do host In ::ny manner or '.ay give to said parties who have- constructed wharfs, piers or landings r:s aforesaid, on, over or across said cit cv.-ned pro,exty, any legal or other interest whatever in or to said city owned property, and the city of Newport Beach :lay at any time; require the removal of said piers, wharfs or landings aforesaid, by refunding to the owner of said piers, wharfs or landings, the unearned portion of s,-,.id yc?.rly rectal. BE IT FURTHER PWJOLVED: That said piers, wharfs or 1 landings may at ai y C'L�.L ojde-I,c-',d 111 accordwice I'll' 14 the permit wider waich said wh;Lcfa, Jie-'-s 01 ic-.Idi-1613 T4e'112 3. perizAtted to occupy or use ciuy ;:,'i3iwd 4 5 additiall to all Othel 'U"e6 01 thb cjty 31: 1�3'7port Beach. 6 10 11 12 13 14 15 16 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ROLAND rHOMPGON AI XNWT AT LAW &AN7A ANA, CALIF. I hev:bj- certify Uiat 16,;.e. abcv.- and foregoing Reso:Lution w" duly a id regularly passed zaid adopted by the City Council of the city of Newpoxt Beach "t a r6gula-r rd6etiaE ti,erOOf h held on the Sth day of ;ovrewber, 1.:-A, b� v t f- followirg vote, towit: AY16' ASSEI�Tp MEE —4— "= feet; thence north 66° 44' 18" west a distance of 584,00 feet; thence north 60° 19' 50" west a distance of 673.69 feet to a point in the aforementioned former southerly line of California <' State Highway having a width of 80 feet; thence south 83° 18' 00" east along said former southerly line a distance of 102.50 feet to the point of beginning. Speaker of the Assembly President of the Senate Approved------------- --- -------- -- - - - -- 1953 Governor i Assembly Bill No. 3472 i Passed the Assembly May 1, 1953 Passed the Senate May 25, 1953 Chief Clerk of the Assembly Secretary of the Senate This bill was received by the Governor this--- ------ -- - - -- day of-- ------- ---- --- - - - - -- ,1953, at -------- o' clock ---- nc. ------------------------- Pvzvate Secretary of the Governor Am wlbl�l ,� CHAPTER__________ An act declaring certain lands in the City of Newport Beach, i County of Orange, free from the public trust for navigation and fisheries and declaring same to be free from certain trusts, uses and conditions. The people of the State of California do enact as follows: SECTION I. The following described lands lying in the City of Newport Beach, County of Orange, State of California, are hereby determined and declared to be unavailable for naviga- tion or for any of the uses, trusts and conditions as set out in Chapter 494 of the Statutes of 1919 and in Chapter 70 of the Statutes of 1927, respectively, and said lands are hereby freed of the public trust for navigation and fisheries and from the uses, trusts and conditions set out in said respective acts: All those certain lands described as follows: Beginning at the westerly terminus of the ordinary high tide line of the Pacific Ocean in Newport Bay and designated as "North Line" and north bank of the Santa Ana River, as estab- lished by a decree in Court Case No. 23686 of the Superior Court in and for Orange County, California, a certified copy of which decree was recorded September 19th, 1928, in Book 201, page 253, Official Records of Orange County, California; said point also being in the former southerly line of the Cali- fornia State Highway having a width of 80 feet and lying 40 feet southerly of Engineer's Station 683'+ 40.95 on the center line of said State Highway and said point also bears south 5° 55' 18" east, 1,113.01 feet from the northwest corner of the northeast one quarter of Section 29, Township 6 South, Range. 10 West, S. B. B. &M.; thence easterly along said "Worth Line," south 60° 19' 50" east a distance of 577.07 feet.; thence south 66° 44' 18" east, a distance of 584.64 feet; thence south 58° 28' 28" east a distance of 1,085.28 feet; thence south 74° 17' 11" east a distance of 881.65 feet; thence south 370 15' 30" east to the intersection with the northeasterly prolongation of the southeasterly line of Lot 2, Block 244, as said line is laid out and shown upon a map of Canal Section, recorded in Miscel- laneous Map Book 4; page 98, Records of said Orange County; thence southwesterly along said northeasterly prolongation to its intersection with the line designated as "South Line" in said decree in Court Case No. 23686; thence northwesterly along said South Line," north 37° 15' 30" west to an angle point in said "South Line "; thence north 74° 17' 11" west a distance of 874.01 feet; thence north 58° 28' 28" west a distance of 1,087.96 Superior Court Case No. 20+36, determining the line of mean high tide in "ewport Bay - an action between the County of Orange and the Irvine Company Entered and recorded on May 6th, 1926 in Judgement Book 19 Page 309 • Griffith Con.pany 1060 South Broadway .Los Angeles:, California Attentions Mr. Mr&ms • Octot +er 30, 1946 Gentlemen: Newport Beach Tidelands As requested, Ire nave made an examination of the statutes and authorities relating to the right of the City of Newport Beach to authorize construction by.you of the proposed restaurant which would in part be supported by the pier and would involve extending the bulkhead or other solid structure over a portion of the tidelands. It is our.00nolu ®ion that the City ha @.full authority to authorize this construction If it finds that It will not interfere With navigation. Title.to the seashore tidelands within the lisdta of the City of Newport Beach was granted to the City by the State Legislature in accordance with the following Aetes 1919 Statutes, Chapter 494, page 1011, granting the Ocean tidelands in front of the City -owned uplands to the City 1927 Statutes, Chapter 70, page 125, granting all the Newport Say tidelands to the City 1929 Statutes, Chapter 574, page 974, allowing Wharf licensee on the lands granted in 1919 and 1927, to run for term of fifty, years . 1929 Statutes, Chapter 813, page 1704, granting all seashore and ocean tidelands within the City limits not.previously granted to the City ( C 0 P Y ) .. Griffith Company= 20 _ : "' October 30, 194- 1931 Statutes, Chapter 2000 page 367, llxng the high tide mark, from which the tidelands are 'measured. 1 37 Statutes, inter. #46, Paz— 1493, allowing .. suit against the State. to fr certain lands t'som the public trust InVoeed on them by prior g rots. There am two California cases dealing specifically with the authority.of the City of Newport Leach over its tide- lands.: These oases are: .Hex �r. Git9 of Ne Dcach, (19 36) 7 Me d) qy $ 'hiding Uat one City of Newport beach still r ta.tned the rights to. alter and irproVe the tidelands in the inter - ests,of navigation on property granted to private individuals by the State prior to the grant of lan-3o 4 nd satharity to the City. MU of New Port Peaoh Y. FFiaTs (1940) 39 pp • $ 25,, • ding Lot the littoral owner of public lands on Newport Bay has no right of access to the water ever intervening tidelands, and holding that Intervening filled land beloriged to the City. This grant of property and delegation of authority to the City of Sealgort beach by the legislature in 1929 fully empowers the City to lease or license the tidelands for any purposes not inconsistent with navigation. The provisions of this Act are set..forth in full in Appendix "A" attached hereto. The wording of Section 1 of the 1929 grant to the City follows almost precisely the language set forth in the grant to the City of Long Beach. The effect of.this type of grant to pass title In full to the City is set out Inc CItX gj Long Beach v, Marshall (1938), 11 Cal. construing a s sii3lar grant as passing complete title. Griffith Oompanyt , October 30, 190 Millet, Ni. 3t*0M_ er 93 (18), 12 Cal. + c'd344C, cons the grant to Long Beach as Including the filled as well as the natural tidelands. While there is authority for a grant from the City of Newnart Beach, this authority is subject to the general paramount right of the United States to prot-,act it* interests in navigation and co=aerae:. See: Shively v. Bowlby, (1893) 152 U.S. 1, 38 L. r Borax Consolidat d v. Cl,- o c. Los Ar -eles o 0, t It is understood, however, ttiet approval of the War Department can be secured for the purpose of pier and restaurant, so that the required consent of she Federal Government will be obtained. Saes Greenleaf yJohnson Land Co. v. Oars ion, 237 • . f . . 939. Additional cases discussing the jurisdiction of the California and Federal Government over the tidelands are contained in a memorandum filed in Volume 5 of our Lax Mciuoranda (January 1, 1939 December 31, 1944) under the tab "Tidelands." Owing to the variation in the language, wordinj and background in the Statutes and General Acts granting author- ity and title in various degrees to the individual cities, counties and districts of the State, the value of precedents discussing the grants made to these other governuiental units Is limited to those instances in which the grant is made in almost precisely alfilar language and at a similar period of time. As a consequence, conflicting situations have arisen regarding the other pieces of state -owned tidelands granted to other cities, bounties, districts and harbor commissions. Many cases have held that the individual cities, counties or districts have the unqualified power to grant leases or licenses for structures not Interfering with navigation. 0 Griffith Company: 4, 0 00tober 30, 1946 Pnific Coast SS Co, Vs Kimball (1896) 114 Wa. .414 nTemy, L A 91-S.L.R.Go, v, Hamilton City of Oakland v. Larue Wharf Warehouse W, k,910) 1,19 C.". V? - Oaklandl city of Qakaai,4d v. 41]Aarns. (1929) 206 Cal. Oakland v. E Wood Lumber Co. (1930) 217:.. cha. V> -4 ifttc Ocean 11aric Anna Cor v Santa 42nica k1l.-AU) wo "I. Appe k2a) 16 : San Monica,, Citk of Oakland v Ho an (1940) 41 Cal. TT-p- k2dj 5.35 - QU or Oakland v. H1 Dorado T�zTaiaal Co* TTvM).41 U81. App. - VaklaPa See Generally: 133 ALE 12 2 supplementing 63 ALR 323. I am returning the papers enclosed In your letter of September 260 Yours very truly.., GMSONjo DUNN & CRUTCEM /a/ 4-ra C. Powers Ira C. Powers 10111.ran r�aperad�,,"A" 1929 Statutes, Chapter 813 An act granting certain tidelands, submerged lands and filled lands of the State of California,.to the City of Newport Beach, upon certain.trusts and conditions. (roved by the Governor ,tune 15, 1929.. In effect August l'1`�. ;1929. ) The people of the State of GAlifornis do enact as followss SBGTION 1. There 3s hereby granted to the City of Newport Beach, a Easnicipal corporation of the State of California, 'and to its successors, all of the right, title and interest of the State of California, held by said state by virtue of its sovereignlW, in and to all of the tidelands, submerged lands and filled lands lying within the 6orporate limits of the .O1ty of Newport Beach, and bor- dering upon, in and under the .Pacific ocean, situated below the liras of mean high tide of the Pacific ocean not hereto- fore granted to said City or to the County of Orange, to be forever held by the City of.Newport Beach, and its sueces sore in trust for the uses and purposes and upon the express conditions following, to wits (a) Said lands shall be used by said city and by its successors solely for the establishment, Improvement and construction of bulkheads or breakwaters for the protection of lands within Its boundaries, or for the protection of.its harbor, and for the construction, maintenance and operation thereon of wharves, docks, piers, snips, quays, ways and streets and other util- ities, structures and appliances necessary or convenient for the promotion or accommodation of commerce and navigation, and for the protection of the lands within said city. And said city or its successors shall not at any time grant, convey, give, or alien said lands or any part thereof to any individual, firm or corporation, for any Alienation purpose whatever, provided, that said city or EMla�ecT- its successors may grant franchises thereon for a period not exceeding fifty years for wharves, and other public uses and purposes, and may lease said lands or any part thereof for limited periods, in any event not to eaass� fifty years for any � all purposes which- shall. Wt inteWere with commerce or migation and are not inooist- ent with.the trusts upon whiaFaoiid lands are held by tho State of California or with the requirements of commerce or navi- gation at maid harbor. Shall (b) Said harbor shall be improved by said city f;Wn a without e.to the state and shall always U e remain a pub; .harbor for all purposes of eom- - merge and navftation, and the State of California shall have at all time the right to use,.-.Without charge, all wharves, docks, piers, slips, e*Wn and other improvement constructed or, said lands cr any part thereof for any vessel or other Boater, aratt or railroad owned or operated by the.State of Califernia. tatea, (e) in the management, conduct or operation of said harbor or any of the utilities, structures osar ea or appliances mentioned in paragraph (a) no dis- eriii natlon in rates, tolls, or Charges or in facilities for any use or service in connection therewith shall ever be wade, authorii4d or permitted by said city, or by its successors. The absolute right to fish in the waters of said harbor with the right of convent- !ice E.at access to said Water over said lands for said purpose is hereby reserved to the people of the State of California. • r Griffith Coapamy Los An aUs* California Attention: mr. Aira= Gentlemem B1+a L3sa0kr xitiolatui. Ostober 300 1948 As requested, we ha" made an examination of the statutes and authorities roUting, to the right of the City Of Newport 3saoh to authoritts 'construct Ion by you of the proposed restaurant whist would in pert be supported by the pier a-C would involve extending the bulkhead or other solid structure over a portion of the tidolaa8.. It is our gen6gusion that the City has full authority to autt;orise this construction if it finds that it will not Interfere`jth navigation, Title to tule aea.boro tideland* within the limits of tie pity of Rewport =lemon was granted to the ulty by the State Legislature in aaaor$saee with tP0 followlAg, Act¢a 191.4 utat;ates Ciiapter 414, pa,: 1 11, rrantittg the Ocean tidelands in front of the City -owned uplands to the City Vi27 Statutes, Atapter 70, page 196, granting all ti.e ';ewpOrt Day tidelands to the City 1)25 Statutes, Cfto%er b740 page 974, allowing ,"Iharf licensers on t" Japdo K;xanted in 1919 and 1` 27, to run for a jora of f" ty yaurs 192'' 3tatutee, iAlapter a13, page 17040 granting all seashore nand ocean t1delarA8 within t�ce City limtte not previously grant** to the City Griffith t: ompany t S, Ost**Ir 1931 Stat;atee, Chapter 207 )# pa ge 387, fisting the hi :h tide mark, from Which the ttdolan ds are aria a pared. 1936 Statutes, Chapter 448, pare 1493, allowing . mutt against the State to froe certain lands , the public trust imposed on them by prior grants. There are two walifrnis eases dealinZ, specifically with the authority of the city of Newport ?each over Its tide- lands, Wiese cases aret wecxab v, City- of Nswn ma►t Bea & (193 ,6) 7 Cal* (ad) 395, holding sawn arse City of Newport Beach still retained the rights to alter and improve the tidelands In the Inter- ests of navigation on property granted to private Wividuais b; the F)tate prior to the grant of lands and authority to time City. Cit of a . ppN. e orl- � b Ya: er (1940) 39 uh c "t the litt oral oral ,�r owner of public lan4g on Newport Bay has no right of access to the water over intervening tidelands, and holOinq that intervening, filled land belonged to thca City`. This k.rant of property and delegation of authority to the City of Newport Beach by the legislature its IR29 fully sopowers t1v City to lease or lioense the tidelands for any purposes not inconsistent with rwv4.,stion. The provisions of this pct are not forth iz Ifall in Appendix "A* attached heroto, The wording of Section 1 of the 1929 grant to the Cite follows almot precisely the language set forth in time grant to the silty of Lor4 beach. The affect .,�f this type of Frant to pass title in full to the City is not out int � $O LO c Beach 9. Mar (1938), 11 Cal. , eons ru ng, a similar grant as passing complete title. 0 Griffith Cempanys 3. 9stober 508 1946 911LOX (ad) v. wtocxbur.e, rr (1938)t 12 Cal, 40, cons ru thye rant to Lonc Beach as includlxi, thss fi ad as Wall as the natural. tidslandee there is autborita i'or a 7rant from the City of Hewpart _�eeoh, thIsj RVMb pity In vi�bjeet to the general paramount right of ties Unito States to protect its interests In ntvl6 t lon ar. co: eucrce;" Seat i v. . S�wlbSt. (1883) 152 u. ,S. 10 36 T.. �• s yhierax C nso IUMA v. Lot— v-+of I,s�_e _Auaims.-. TM It is understood, however, that approval of the W'cr 14partment can be seaarod for the purpose of pier and restaurant, so that the required consent of the koderal vovertront will be obtained, 3"1 Gr oai dohnse� sue; Additional cases the Caliiornla and Federal contained in a Memorandum . Jamorands. (January 1, 19, tab "Tidelands." nd Co v, Garsisoa 237 19 9.394 discussing, tics jurisdiction of Government over the tidelssads are Oiled- in Volume 5 of our Law a+@cestbar 31, 1944) under the Owing to the variation in the language wording and hsck:v;roumu in V,,A •tst;tos and c"sneral Acts granting author- ity and title in various degrees to the individual cities, counties and districts of the State, the value of precedents discsssine the grants r.:;ede to thse other governmental units to Baited to those instances in which the grant to made in almost precisely similar language and at a similar period of titer. As a consequences Conflicting situations have arisen regarding the other pieces of state-owned tidelands granted to other cities, counties, 41str its and harbor co»uaissions. Many oases have held that the individual cities, counties or districts have the unqualified power to grant leases or licenses for structures not interforbW with navigation. Griffith Companyt 4* Jetobsr SO' is 'ae$t C (�s t G h v. Limb 1 (1€i96 ) w: .,�- . 4 + onterey, City of Oaklarnl v. El Dorado To 1 1 Co (194 �a . App. 5 - ` ;c s See Cenerallyt 133 AIR 1252 supplementing 63 ALR 325. I am returning the papers enelosad in your letter of septe�ber 26, Year® nerd trAI , G I BWqS"p i�l -rexi lC L•R i71v F'..:Yl J +. ix�c_ , C j Ira C. Powers ICPSa n i it of �$1•l�ie` ®. 1�ve °NrP "c Sara case Cltt°-,,. rsf Oakland v, "?, 11 awn (1929) 206 Cal. 115 - Daklandj, i lei$ ir• j. p gg g ry't Llimbe V(%r. (19,3 2lZ QCean ill Ai;e OOVR1* V• RED OAIO&' App. `,EMent ') 7b - :.ante Oar ca, Cit ' of aR lan: v. o0 Pan. (1940) 41 Cal, rp—p* (2d) 3Z.m - Oak 1a City of Oaklarnl v. El Dorado To 1 1 Co (194 �a . App. 5 - ` ;c s See Cenerallyt 133 AIR 1252 supplementing 63 ALR 325. I am returning the papers enelosad in your letter of septe�ber 26, Year® nerd trAI , G I BWqS"p i�l -rexi lC L•R i71v F'..:Yl J +. ix�c_ , C j Ira C. Powers ICPSa n Appendix "A" 1929 StatVates, Chapter SU Are act ,,ranting Berta' -t, tidelands, sLbmorged lands and filled lands of the State of California, to the City of Newport Search, upon certain trusts ant consditions, (Approved by the 'vovernor Duna 15, 192f). In effect August lo, 15299 ) Tize ;people of the State of Caelltorni.j dg onset as fellowst ST-:CT11N 19 There is hereby ranted to the City of Newport Beach, a municipal corporation of the State of California, and to its saccessors, all of the ri; -ht, title and interest of U* State of Callfoiaia bold by sald state by virtue of Its soeereiznty, to and to all of the tidelands, submerged lances and tills =I lands lying within the corporate limits of Vw City of Newport Beach, and bar» derine upon, in and un�'sr the Pacific ocean, situated below the line of mean nigh tide of t`e Pacific ocean not hereto- fore granted to said City or to the County of Orange, to be forever held by the Ctt-j of Newport leach, and its sucess- sore in trust for the ra€aes and purposes and upon the express conditions following, to wit, (a) Said land :i Miall be used by said city and by its s°.zccessors solely for the establishment# Improveaaent and construction of bulkheads or breakwaters for the protection of lands within its boundaries, or for t' -:c protection of its harbor, and f,3r the construction, „iaintonsnoe and operation thereon of wharves, docks, piers, ate. slips, qua, s, ways and streets aned,, other util- ities, strnctures and appliances necessary or convenient for the promotion or accommodretion of comrieres anti navigation, and for t;;e protection of the lanais within said city, And said city or its successors stall not at any time grant, convoy, give or alien said lands or any part thereof to any Individual, firm or corporation, for any Alienation purpose whatever, provided, that said city or rat" ulated its successors may grant franchises thereon for a period not exceeding fifty years for wharves, and other public uses and purposes, alrl may loans said lands or any part tbAreof for limited perioks, in any event not to exceo fifty years for icy &ad all purposes which ball not #ntaatfere with comt.;erce aP nsvl';sation arid are not APeonsist- ant with the trusts upon ' cii saW lands are belt by the Mats of California or with t €.,e �rqulrements of em=serca or navi- gation at Acid harbor* Shall (b) Said havoor shall be Improved by said city revs in a without aspenso to tba state and shall always bUbli'a remain a public ha *or for all plxrposes of am" r p =rea and nay:igatlo and the `state of California Shall Have at all ti,!-es the ri; ;s;l : :t to use$ without charge$ all wharves, docks,,, piers$ slips, quays and other Improvdasnt constructed on said lands or any part tbo"of P, or any vesoel or other water orart or railroad owned or Operated by the State :,a' Caallfor.. :61a. atSS (a) In the manhpo..9nt, conduct or operation of toss said harfl -)r or any of the utilities, structures otsai b or appliances mentioned in paragraph (a) no d1s- erimination in rates, tells, or c Br et or in faeilities for any use or service in connection therewith shall ever be made, aut_ori.zed of ger- aitted b-, said oit;r, or by its succassare, 11he absolute right to fish in the waters of said harbor with the ri h:t of convent- .1 i=1� ant access to said water aver said lands for said purpose is hereby reserved to the people of the Mate of California, EDMUND G. BROWN • STATE OF CALIFORNIA . ATTORNEY GENERAL DEPARTMENT OF JUSTICE (Offtlr of * Atto lw# (fir trot LOS ANGELES OFFICE FRANK J. MACKIN, Acsisfant Attorney General March 22, 1955 Mr. C. K. Priest City Clerk City Hall Newport Beach, California Re: Newport Beach Tidelands Dear Mr. Priest: WILLIAM V. O'CONNOR Chief Deputy Attorney General T. A. WESTPHAL, 1R. Chief Assislonl Attorney Geneal Division of Civil Law THOMAS W. MARTIN Chief Assismht A.Homey Geneal Division of CrlMnal Low and Enforcement Returned herewith is your copy of the opinion of Gibson, Dunn and Crutcher, addressed to Griffith Company of Los Angeles and dated October 30, 1946. Thank you very much for allowing us to have copies of this opinion made. We are also enclosing, for you and Mr. Sailors, two of the copies which we had run off in our office. Another copy is being mailed directly to Mr. Davis. Sincerely yours, EDMUND G. BROWN, Attorney General By - Atw- G GE G. GROVER GGG:lm Depu Attorney General Encs. 0 P GEO. A. PARKER. PRESIDENT R. V. SHAFER, VICE- PRESIDENT L. R. KENNEDY. VICE- PRESIDENT C. W. BA %TER, SECRETARY JOHN LDTZ. JR., ASSISTANT SECRETARY G. E. WELSH. ASSISTANT SECRETARY M. M. GALBRETH, ASSISTANT SECRETARY MAIN STREET AT FIFTH November 21st, 1945- —� Mr. Frank Rinehart, City Clerk, Mr. R. L. Patterson, City Engineer, City Hall, Newport Beach, California. Dear Frank and Pat: As you know, I have been asked to assemble some informa- tion for use in the answer to be filed by the state of Calif- ornia in the United states Supreme Court in the action brought by the United States to have title to all tidelands and sub- merged lands declared vested in the United States. As you know this will affect lands conveyed to the county and the city by the Legislative Grants from the State. What is wanted is a line of evidence to show that the United States has acquiesced in the State's title by the acceptance of grants of tidelands and submerged lands for Governmental purposes.. I am concentrating on the jetties and maintenance stations for the jetties, the weather station and any lighthouses in and around Newport Bay. I already have photostats of the deeds to the United States for the jetties and maintenance stations. What I especially want now is two prints each of the maps which were used for the basis of drawing the deeds for the jetties,ta��ne,�d, blueprints of which I have in our office. To show that these conveyances were not voluntary on the Dart of the City, I also want photostatic copies of any evidence of demands by the United States for these documents. I would also like similar informa- tion with respect to the permits to enter upon the Bay to dredge and the permit to deposit the dredge material on the Ocean front. The time element in this matter is very important, and I would like to go to Newport on Monday, November 26th, and spend the day, if necessary, going over what you can find for me. This request has been relayed to me from the State Attorney A HALF CENTURY OF TITLE SERVICE 0 Page 2 Mr. Rinehart Mr. Patterson 11/21/45 0 General in Washington who states that the matter is very urgent, and any evidence along this line will be very helpful. If for any reason you can't see me Monday, will you please telephone me Saturday. With best personal regards, I am RVS:BB Yours truly, y4 1"4 January 27, 1939. .,.: �(SL Miss Elizabeth Kendrick 1719 Fourth Avenue Los Angeles, California. bear wad -a-1; Your letter of January 17th to councilman E. B. .m7iitson, has been referred to tho undersi;ned for answer, The dredging; of Newport Harbor has r,,salted in the re- claiming o£ approximately 52j acres of tic?eiands and swamp lan -, s around the bay. Approximetely 2101 ac_n. s of public ocean beach have been for^.ed by the depositin. - of dredged ma`.:erials. There are approximately 5.8 riles of ocean.beach within the city limits. Of this amount, 5.4 rr.:ilcs are ovmed by the City of Newport Poach. Areas filler? around the ba;,r are :costly privately otrned. In practically all cases vatern private property was filled, the owner pai! fro "1 5? to C, pori cubic yard of mater- ial deposited. There is a total of ;,'C:00 lineal feet of bay frontage south of the state highway cross the upper bay channel. Of this amount, a,aproei.r,::? ai, .'b'.,000 lineal feet .ire publicly owned. The ordinary high tide li_ � in Newport Bay. est- -Ab- lisIed by Superior Court r.ecree, g•lvo t tle to The Irvine. Company landward of the ordinary hiE,-. ti,le line. The ordinary high", tide line, in practically all c: r,; en.ncided with the U. S. Goverm -lent bulkhead line. Tile Irvi _a the; -,:any had title to the property between Dayside Drive and ti'_e N.tlkhead line lying north =r✓esterly of Avocado.:Avenue in Dorona r1ol Mar. tea'; s _ �._ �....�_. , .. ,. ��r;- �.�.�- �m:�:•".�s',s� r�t 2- Elizabeth Kendrick January 27, 1939. 3 r The Irvine Company had this property filled during dredging operations in 1935, for which they paid 5¢ per cubic yard to the Orange County Harbor District. The filling was. extended beyond the bulkhead line between the rocky point northwesterly of Avocado Avenue and the Richardson boat landing easterly of Balboa Island. Title to the filled land beyond the bulkhead line is vested in the City of Newport Beach. In making this fill, The Irvine Company agr--ed to grant a public easement from Bayside Drive to the public beach. The beach at the foot of Pacific Drive is owned by Properties, Inc. This beach was formed by natural accretions. The Superior Court, in 1928, gave title to this property to Properties, Inc. About two years ago the Properties, Inc. gave to the City a 40 foot right of way extending bayward from the foot of Pacific Drive. . The public has certain rights to street ends, which are prolonged to the ordinary high tide line along the Harbor Entrance lying between the East Jetty and Pacific Drive. A settlement was made between the City and the Properties, Inc. with regard to the ocean beach lying easterly of the east jetty. The City owns the ocean beach south of Ocean Avenue and extend- ing 900 feet easterly of the east jetty. The City has also acquired title to a portion of Block A -37 between Jasmine Avenue and Larkspur Avenue and extetzding approximately 200 feet north - erly of Ocean Avenue, which is adjace.t to the above described ocean beach. There are no protests on file attacking the validity of private claims to beaches on the bLy created by public works, to either the City, County or Federal authorities. The Superior Court has established the ordinary hiCh tine line in Newport Bay. All land bayward of the ordinary hi : tide line is either owned by the City of Newport Beach or Oran e County, subject to commerce, navigation and fishing. Arr,1s lanOward: of the ordinary high tide line are privately owned excc;pt where the Cit °7 or County has re- claimed certain tidelands or acquired property by deed. With reference to the deeding to the City of Ney,,zport Beach of the Irvine Ranch beach frontage, I presume you refer to the frontage northwesterly of Avocado .Avenue. The Irvine Company owns to the bulkhead line, the filled land. Bayward of the bulkhead line is public property. At the time this area was filled, The Irvine Company verbally agreed to grant an easement Elizabeth Kendrick January 27, 1939, across their property. However, this was not a condition mace b7 Federal authorities in granting a permit for filling in this area, as they are only interested. in navigation.. In granting the permit they set forth that the granting of the permit conveys no title to the property. The City Council, at the present time,, is working out with Mr. Irvine this situation, along with several other problems along the north bay. I RLP/mv7 Very truly yours, Patterson CITY ENGINEER 1719 Fourth Aven Los Angeles, Cali rnia, Jan.17,1939. My dear Mr. Whitson: Being keenly interested in public rights in Newport Bay beaches - especially at Corona del Mar — I am asking if you will inform me on these points: 1. What has the Council done to establish public rights in the beaches created from mud flats by the jetty- building, dredging, etc., paid for by federal, county, and city funds? I am most interested in the Bay beaches of the Irvine "ranch "and those which replaced the mud flats in the coves at Corona del Mar one below the old "County Road" and Palisades Tavern, and one southerly from the Marine Laboratory. I be- lieve that "Properties, Inc. "(agent for a "chain" bank), claims title to much, at least, of these new beaches. What protection has the public had against these claims? 2. Have any protests been made by groups or individuals, against private claims to beaches on the Bay created by public works, to either city, county, or federal authorities? If so, and you can give me their names and the present status of such protests, I shall be most grate- ful. 3. What is the situation concerning the re- ported deeding to the city of part of the Irvine ranch Bay beach frontage, which I understand was made a condition by federal authorities for filling in the mud flats there for the benefit of the Irvine interests? I would appreciate very much as prompt a reply from you as conveniently possible. Very truly yours, dotc,c>e r 3O, 146 Griia'iti Coal: lobo sauth Proadway 148 Angeles, Cal'if'ornia Attention. fir. fallYa e �eatlesan: r Newport Beach-Tidelands. Aa requested, we have mach an axsaination at the statutes and authorities relating to the right of the fit of Newport Beach to authoriso construction bj you of tai - ropos2d restaurant which would In part be supported by the ., star and would Involve dxtendlnis the or other solid structure over a portion of the tidelands. It is our conclusion that the � "Ity has full f aathoritj to authorise this construction if It finds that It will not interfere with navigation. Title to the seashore tid-7:lards within the XWte of the City of Newport Beach was granted to the City J► the State Legislature in accordance with the following A*Ut. 1919 Statutes& Otanter 4So4, page 1011, granting the Ocean tidelands in front of the City -owned uplands to the City 192E Statutes, Chapter 70, Fate 125, granting all the Newport Day tidelands to the City 1929 Statutes, Chapter 574, pate 974, allowing Wharf licansea on the lands (,ranted in 1919 and 1927, to run ror a term of fifty years 1`29 Statutes, Chapter 613, paq;e 17040 granting all seashore and ocean tidelands within the City limits not previously granted to the City t00PY) X31 Statutes, Ce:apter 200. ;sage 367, fixing the :ll yh tide user =k, Prole which the tidelaaaa are 111 i �i < �at6'8.septer j. page 1493. allotting cult aga:; net the StaWs;. 1`ree certain lands 1': orw rile a �a01 e tr�.:5i. 1 of ewl tht by prioy. grants. There arl^ two California cases dealing speoifs With the authority of the City of Newport Beach over its !- lands. These cases are: P mb u. City € Pitw+ e.,)rt seal (1936) ..T .o j 3 �that ^sne �;3ty of, Newport Beach still retained the rlghtf 46 altar and Improve the t a.dzla;ldo in the : te ". r.� r - astb of v gation on 7operty granted' to private individuals by th.o :state prior to the grant of larAs and uutt_Ority to the City. of Nee•; tort B4ach v. Pmem (1940) 39 UIa . Apps %"uj; 2.>, nojainZ that the llttorrai owner of public lands on Newport asy has no riSht of access to the crate* over intervening tidelandes and holding that intYa'rveniz* filled land baloriged to the City, 'F:lis Zrant of proporty and delegation of exabority to thta City of Newport Beach by the le Uatlature in 29 fully €a >z owors tze City to lasso or licenre. t -,3 tidelands or 41W purposes not incorsiatent with nwrigation. The provisions Of this Act are set forth in full in Appendix "A" attached hpnst0. The wo rdin, of Section 1 of the 1y2<� grant to the City folloms almost precisely the language set forth in the -' grant to the City of Long Beach. The effect of this type of grant to pass titla in full to the City is sot out 1At CLtX of Lon? 3 eaeh Y. _,aarshall (lTi ), 11 'Cal. T 50!i* eonb n'ra-3'ng, a a grant as passing complete title, • Gr?ffith Company: 3. u October 30, 106, .Miller V. stow er ,.L �t }, 12 Cal. �, construing tau: grant to Lang as including the filled as well as the natural tidelands. While there, Is authoritj for a grant from 'tholCity Of Newport Bach, thie authority is subject to the general era :u:znt rig ht of the United States to pro tent its i:1tareste In : avi ation and comirerce. See: Shi 81 v. Eioulb�r, (18+5:3) 152 U.3, 1, 3e L. , .3, Borax Consolidated V. City of Lot Angeles, 50 A It is understood, however, t',at approval at tbe War Department can be secured for the purpose of pier and restaurant, so that t i,3 raquired con;i -n+ of tre Federal uoverswient will bz obtained. L,ee Greenleaf J��hnson Land "0. Garrison, 237 Additional cases discuss' , i�, trai jurisdiction of tln: California and Fed rul Lo _rr:z:,;rt avc-r the tidelands are 5vnLained in a °er�orand -wm Piled .fi.:. Volume 5 of our Last rierioranda (January 1, 1939 - December }l, 1,44) Widttr the ;app. "Tidelands." Owing to the variation In the lanyL? age, wording and background in the Statutes and General Acta Granting author. it • and title In various dogrees t:; the individual cities, counties and districts of thi State, the value of .preeedents discusslne the grants made to these other governmental units is limited to those instances in which the hrant is made in almost procisela similar language and at a si.ailar period of time. As a eonueOencr:, conflicting. situations have arisen regarding the other pieces of state -owned tidelands granted to other cities, eountles, districts and harbor commissions. Many cases have held that the individual cities, eountl3s or districts have the unqualified power to grant leases or liceases for rstructuros not interfering with navU- atlon. 0 • urii'fith comparv: Octob*r,.30s 1 ;46 t`acifiC nball (18 56) .7 sat. �;o. V. Kir Monterey, jro L.X, & S.LR.Co. v. Hamilton -B.11 010j Citi of 01akland V, C ( & —�-r & wary sous O. , '10 Ual, W -ro and,, City of Oakland v. Cal, .�i" - Williams ams QalUand# Oakland v. F... X, Wood L-L,mbar Co. (1:30) 211 Ocean Park Amusement Corn - v Santa. Nioniou tlPM) 40 W. App. t2d) 76 Tran-ta Nonfea City of Oa- land v. Hu,- -;-an, (1,540) 41 Cal, App. �2q) ��07-=6wft"Cu City* of Cw�,'Iand V. &I Darado Terminal Co, U9W)-Tr7Kr.-'Xpp- 30- Oak lm, See Generally: 133 ALB 1252 WaTiplementing 6.3 AUR 323. I am returning the papers enclosed 4n your letter of Septaiaber 26, Yours V--:ry triily, GD380NO WNN & CRUTCHa Isl Ira C. Porters Ira C. Powers I.Mmn • • Anpudia "jV 1929 Statutes, Chapt:�r,613 An act granting certain tidelands,, aubmergi�i ?lands and £i31m-d lands of the State of California, to ttu3 City of N;�twlort s8aah, upon ce3rtsia trusts au.1d conditions. (A proved by the Ga:. -nor June lam, 192;,. in a 'ftict August The poo oP the State of ealii'orriiei do enact as ta7 _s_i UCTION 1. Them iw 1;:e uLy erante4.,to tat. City of Newport Beach, a. ,:.tanIe1 pa. corpsmtiaie of the State of California, and to it> zaccossors, all of. the right, title ar,.d interest of the State of Cali.'ornla,, held by said star 4y virtue of its aovar3tgnty, in and to all of 'Lite tidelands, submerged lands and filled lands tying within the corporate 11mlits or the City of k;wpor.t Lv.ach, and bor- dering upon, in acrd under the Pacific ocean, situated below the line of mean hi.-ii tide of the Pacific ocean cat herets- - rare grant�:d to acid City or to the %"'Ounvjr OF Dra=ig , to be forever Y)eld by tea . City* of Newport !�caah, ar:d its auoaea -- sore in trust for the: s"a and purposas and upon the esp"as conditions following, to mitt Uses and (a) Said lands shall to used by said city and by its suowasore solelyt for the establisahment, imyprovem at and eonstruation of bulkheads or braakwat<<rs for tre protactior: of lands within Its boundaries, or for the pmt_ction of its harbor, and for the conat rue tIon, ma ntenance and operation thereon of wharves, docks, piers, 31-1p a, gnaya, ways and streets and other stll- t e3, structures and appliances nacessary or convenient for i.i e ;_:,ro4otion or accoiv.- 4dat1on of cos4aeree and navigation, and for ,a protectloia of the lands within said city. And said elty or its succc,asors zhall coot at any tine :,rant, convey, El e, or alien said lands or any part thereof to any individual, firm. or corporation, for any Alienation purpose Whatever, provided, that said city or rekU_Uted its successors may grant franchises thereon for a period not eaceadirg; fifty years for wharves, and other public uses and puraosesa, a-ad may leas:) said lands or any part tYereot for liatited poriods, in any event not to exceed fifty years for ." Interfere with coay,�rc eat with the trusts upon of California or wit:: ,tree gaticr. at sad harbor, spy and all purposea which shall not tir navigation and are mt. Inconsist- which said laude are held by the State requirements of coerce: or navi- Shall, (b) Said harbor Mall be iz-r) roved by said city remain a witaout expeMp to than ctate al-id shall atmWe M _1011 retrain a . -AtUio harbor 1'or all purposes of acm- Morce W .? navigation., and the state of California shall. hav : at all t i :. s t,.ne right to use, without c[iarae, all wharves, docks, pier:;,, Blips, quays 'and other i;::prov*ment c6ustructed on said lands or any part thereof for any vessel or other water craft or railroad owmd or operated by the State of CaliVorrj.ia, itatvs, tc) In the aariagement, conduct or operation of tolla, said .arbor or any of the utilities, structures s or ap, ollancas m4ntionied in paragraph (a) no dis- crirMi a"on In rates tolls, or charges or in fasi3.ities for any use or service in co.neotion tilerew%th ssea:ll ever be made, a *uthoriaed or parmittad by said city, or 1)y.its successora. The abablute right to fish in the :-.at.ra of said harbor with the right or' eonvaenl- Fishi ent acouss to said v.ate.° over said lands for said =,urgose is n+.ra*by roserved to the people of the State of California, y r° 0 0 P Y April 30, 1946 Hon. Mayor and City Council City of t3esport Beach City bail Newport Beach, California Gentlencr: Re Sale and conveyance of water front and tide -lands 6ection 862 of Act 5333, General Laws, Provides as fol- lows: "The City Council of said city shall have powers To purchase, lease, or receive real estate situated inside or outside the City limits, and personal property as may be necessary or proper for municipal purposes, and to control, dispose of and convey the same for the benefit of the-City; provided, it shall not have power tc a 11 0 ti f t f " e r ocnvey any her on o any Water {This section vas added by Statutes of 183::, pa#4e 2069) The Constitution of the State of California, Article 15, Section 3, is as follows: "All tide -lands within two railes of any incor; crated city or town in this state and frontingr'on the waters of any harbor, estuary, bay, or inlet used for the purposes of navigation, shall be with- held from rant or sale to private, persons, partnerships, or cor- porations. This section of the Constitution has been construed many times by our hither courts, and the higher courts have consistently held that tide -lands within a city or within two miles thereof, tray not be alienated, that is, disposed of to tiny private person, partner- ship, or corporation. However, a number of the decisions mentioned specifically state that the State may dispose of the lands to a municipality to be held bar the municipality under the same trusts that the State may hold the carne from the Federal Government. In view of this statement of vie law, it is my opinion that, under the Constitution of the State of California, a city could alienate its tide- lands to the State. If we had only the Con- stitution to deal with, I would sav that a deed from the City to the State Mould convey to the State such title as the City might havet and that the State thereafter Mould hold the property in trust for M Hon. Mayor and City Council New,.ort Beaoh. California N 1 Page '2 April 20, 1948 all the people of the State in furtherance of harbor development, fishery, aa,d navigation. In view of the eeotion of the 1:enera' laws citod, it is my firm ol nviotion that the City does riot have *power to sell or to convey any portion of its water front to any person, firm or corporation, or to wny .unicin,,lity, or to the State of California.. This section has not been construed by the higher courts, and the higher courts might not ire© rith.my construction thereof, but until it has been construed, it is my opinion that the City may not oonvoy the lz.,ixis y_rc osed to be e:)n«eyed to the State of Cali- fornia. RT .11M Respectfully subraitted, Roland Thompson City Attorney MEMORANDUPR ON ✓ /� J. A. BEEK LEASE The City Council, by Resolution No. 441 on November 7th, 1927, approved a lease with J. A. Beek, covering tidelands northerly of Balboa Island. The description in the lease covered all of the land that the City might own lying northerly and northeasterly of Balboa Island. The lease provided that until a survey was made to determine the land owned by the City, the area of the lease would be considered to be twelve (12) acres. Superior Court Case No. 24026, recorded in Book 22, page 498 of Judgments, on August 22, 1928, described the city boundary line as of May 25, 1919, and decreed that the County of Orange by the grant to it from the State of California under date of the 25th day of May, 1919, acquired no right, title or interest in or to any tidelands or submerged lands lying within the territorial limits of the City of Newport Beach, as the same existed on the said 25th day of May, 1919. The area covered by the Beek lease was not a portion of the City, which was excluded in 1924. The Court Decree of August 22, 1928, gives the City title to the tidelands lying outside of the present City boundary and northerly of Harbor Island. The City Council, on April 13, 1928, approved an agree- ment with the Irvine Company giving the Company permission to dredge the tidelands lying westerly of the present City boundary line and northerly of Harbor Island. This area is the tidelands owned by the City, as set forth in Superior Court Case No. 24026, which was leased to J. A. Beek on November 7, 1927. A survey was made under my supervision in July, 1929, of the City property leased to J. A. Beek. From information that I had at that time I did not consider that the City owned the tidelands outside of the present City boundary. The attached blueprint shows the survey made in 1929. In 1930 the City annexed the 17.022 acres, as shown on the map. Several years later Mr. Beek called to my attention that the City owned additional tidelands westerly of the 17 acres. The Beek lease was amended on July 18, 1938 and February 6, 1939. These amended leases included the tidelands westerly of the 17 acres, as shown on the attached map. There is no question in my mind but that the Beek lease, as originally drawn and as amended, includes all of the City owned tide- lands lying westerly of the present City boundary line and northerly of Harbor Island. The records show that the Irvine Company has recorded the agreement of April 13, 1928, giving the Company permission to dredge these tidelands. ` �' * tt WEMM". under Chapter 2 1422.4katutes of 19". the Department of jbtural s. through the State Pa 3 11�'"Iszlonp him been authorised, sad, directed to make such supplemental 4 our"Y" an my be necersary to dokpadne what lands are suitable and desirable far inclusion in a well balas W� system Of State Parke and BeaeLe ®: and 6.1. 7 VMMASP no portion at. .appropriation made by said Ants Cbs"sr 1422, Ij St&tuUs of 194.5. sr be expended for the acquisition of QMW Sme . hot and 8 Illlj Beach p4lk., WMS'Pt as provided for by Section 3 of said Act, in any county which bat not adopted the yALstor plan of Shoreline Development for that county, 10 11 which Plan shall set up j-r1o2j.Uss Of acquisition and use of the shore line of that CO`Q=tY9 and 12 13 VMUMSF the County of orange. in 00 State Of California, has under 14 consideration an amendment to the Kanter Plan of shoreline pmlopagnt for said County of orange. Vhjch,LVAWrAMn% proposes t 15 acquisition and use, of said shore, . We set up priorities of 16 .11m; and 17 VMMFAS - there has been submitted to the e City of New--ort Beach a General 18 Elan and Priority pro.. for Us &equLdtion of lands within said City, all as shown 02 plat and map hereto attach ad . 19 this reference Made & part Marked Whibits *A4 stud "Bo and by 20 of thts:xesolntiou; acid 21 WHUMS, by Sections 515o. sad *Ad 5151 of the Public Resources Code. the 22 City of Newport Beach may assist the StstO Of California in acquiring any 23 Park- playground. recreational center or beach to be used for recreational 24 PurPOsest and by the same Sections . of the said Public Resources Cod6. it in 25 provided that such a8si8fiRMCs may.take the form of a donatich, conveyance, or grant to the State of any real property owned by the City of Newport Beach; and 26 27 the State of California has agreed. through its Division of 28 Beaches and Perks. to purchase certain lands in the City of Newport Beach on the condition that all purcbs�ses by the State be matched by a donation by the City of Newport Beach of properties of equal value; 30 31 1 NOV, TBXUFUM, ZX IT RMLVED, that said General Plan and Priority 32 Program 90 shc"M on Ikhibits *A* and "B"Phereto attached. be and hereby Is li am , proved4 11 iL ;.4t 1 2 3 4 5 0 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 i .0 lY FII�AEEt BySOUNC, that in consideration of the promises and other valuable considerations, &IX,� vhich the City Council of the $ity of Newport Beach deers just, lair, adeguatd" legal and lawful, and in accordance with the laws of the State of California, the City of Newport Beach does hereby ^repose to make a donation and grant.. to the State of California, for p&* Purposes, and on a matching basis, of all that certain real ptopar!! situated in the City of Newport Beach, pq�pty of f.range, State of Cs3,i'farnia, and more particularly described as follows, to -wit: Blocks 14-A and 1S-A, Section B, se.orport Beach -'as recorded in Nap Dock 4, page 27 of miscellaneous Napa, Beeords of Orange County, California. XXONPTING TB FHOK any portion or portions thereof lying below the line of ordinary high tide of the Pacific Ocean, as said line is now located. FM AND UFAii of all deeds of trust, liens and encumbrances of say kind or nature whatsoever. BS IT FUG$ RESOLVED that when, as and if said acquisition as so shown in said $zhibits 'A" and "DO is approved by the State of California DepsAmat of Natured Be'sourcea, appropriate conveyance of said real property hereinbefore particularly described be made by the City of Newport Beach to the State of California. 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 a regular meeting thereof held on the 28th day of February, 1949 by the following vote, to -wit, AUS, COUNCILMEN §e +s ABSICI4.', COUNCILMEN AT this 28th day of Febroary ATTEST: City Clerk Mayor of the City of Newport Beach 2. 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 26 27 28 25 3C 31 3'< I�erebY certify that the foregwift 1p a, true eatraet fXm, 1. ainntes of tlar Eity Com®eil of the City A,Nevrport Bwwb at AL ze�]ar aeetiag thereof'hSIA on the 28th day of February. 1949- yer of the City'ef Newport Bumh ATZM- City C1ev* 3• CITY dR of 1919 (Statutes 1919, page 1011, Chapter 494.) An.act granting certain tidelands and submerged lands of the State of California to the city of Newport Beach, upon certain trusts and conditions. (Approved May 25, 1919- In effect July 25, 1919.) The people of the State of California do enact as follows: SECTION 1. There is hereby granted to the city of Newport Beach, a municipal corporation of the State of California, and to its suo- oessors, all of the right, title and interest of the State of Cali - fornia held by said state by virtue of its sovereignty, in and to all that portion of the tidelands and submerged lands within the present boundaries of said city, and situated below the line of mean high tide of the Pacific Ocean which border upon and are in front of the upland . now owned by said city and such other upland as it may hereafter so— quire, to be forever held by said city, and by its successors in trust for the uses and purposes and upon the express conditions following, to -wit: (a) Said lands shall be used by said city and by its successors solely for the establishment, improvement and conduct of a harbor and for the establishment and construction of bx1kheads or breakwaters for the protection of lands within the boundaries, or for the proteo- tion of its harbor, and for the construction, maintenance and operation thereon of wharves, docks, piers, slips, quays, ways and streets, and other utilities, structures and appliances necessary or convenient for the promotion or a000modation of commerce and navigation, and the protection of the lands within said city. And said city or its suo- cessors shall not at any time grant, convey, give or alien said lands or any part thereof to any individual, firm, or oorporationibr any purposes whatever; provided, that said city or its successors may grant franchises thereon for a period not exceeding twenty -five years for wharves and other public uses and purposes, and may lease said lands or any part thereof for a period not exceeding twenty -five years for purposes consistent with the trust upon which said lands are held by the State of California and with the requirements of commerce or navigation at said harbor. (b) Said harbor shall be improved by said city without expense to the state and shall always remain a public harbor for all purposes of commerce and navigation, and the State of California shall have at all times the right to use, without charge, all wharves, docks, piers, slips, quays, and other improvements constructed on said lands or any part thereof for any vessel or other water craft or railroad owned or operated by the State of California. (c) In the management, conduct or operation of said harbor, or of any of the utilities, structures or appliances mentioned in paragraph (a) no discrimination in rates, tolls or charges, or in facilities for any use or service in connection therewith shall ever be made, authorized or permitted by said city, or by its successors. The ab- solute right to fish in the waters of said harbor with the right of convenient access to said water over said lands for said purpose is hereby reserved to the people of the State of California. ft COUNTY GRANT OF 1919 - (Statutes 191%,page 113$, chapter 526.) An act granting certain tidelands and submerged lands of the State of California to the county of Orange in said state upon certain trusts and conditions. (Approved May 25, 1919- In effect July 25, 19190 The people of the State of California do enact as follows: SECTION 1. There is hereby granted to the county of Orange and to its successors all of the right, title and interest of the State of California held by said state by virtue of its sover- eignty in and to all that portion of the tidelands and submerged lands bordering upon and under Newport bay in said county of Orange, which are outside of the corporate limits of the city of Newport Beach, a municipal corporation, the same to be forever held by said county and by its successors in trust for the uses and purposes and upon the express conditions following, to -wit: (a) Said lands shall be used by said county and by its sue- oessors solely for the establishment, improvement and conduct of a harbor and for the establishment and construction of bulkheads or breakwaters for the protection of lands within its boundaries, or for the protection of its harbor, and for the construction, maintenance and operation thereon of wharves, docks, piers, Blips, quays, ways and streets, and other utilities, structures and appliances necessary or convenient for the promotion or a000mmo- dation of commerce and navigation, and the protection of the lands within said county. And said county or its successors shall not at any time grant, convey, give or alien said lands or any part thereof to any individual, firm, or corporation for any purposes whatever; provided, that said county or its suceessors -1- 0 0 may grant franchises thereon for a period not exceeding twenty- five years for wharves and other public uses and purposes, and may lease said lands or any part iereof for a period not exceed- ing twenty -five years for purposes consistent with the trust upon which said lands are held by the State of California, and with the requirements of commerce or navigation at said harbor. (b) Said harbor shall be improved by said county without expense to the state and shall always remain a public harbor for all purposes of commerce and navigation, and the State of Cali- fornia shall have at all times :.t2W rikght to use, without charge, all wharves, docks, piers, slips, quays, and other improvements constructed on said lands or any part thereof for any vessel or other water craft or railroad owned or operated by the State of California. (c) In the management, conduct or operation of said harbor, or of any of the utilities, structures or appliances mentioned in paragraph (a) no discrimination in rates, tolls or charges, or in facilities for any use or service in connection therewith shall ever be made, authorized or permitted by said county, or by its successors. The absolute right to fish in the waters of said harbor with the right of convenient access to said water over said lands for said purpose is hereby reserved to the people of the State of California. -2- 11 0 ACT OF 1919JN RE UTILITIES (Statutes 1919, page 1012, Chapter 495) An act granting to the city of Newport Beach, a municipal corporation, the right and authority to construct and maintain sewer, water, gas, and other conduits upon public lands. • (Approved May 25, 1919- In effect July 25, 1919.), The people of the State of California do enact as follows: SECTION 1. There is hereby granted to the city of Newport Beach, a municipal corporation of this state, the right, power and authority to construct and maintain over, across, and along the public lands of the State of California under and bordering upon Newport bay sewer, water, gas, and other pips lines and conduits, and to go upon said public lands to construct and maintain the same. 0 • ACT OF 1925 IN B:'LEASING (Statutes 1925, page 29 Chapter 121.E An act providing for the leasing of tide and submerged lands of the State of California filled in through dredgining operations. (Approved by the Governor May 11, 1925•) The people of the State of California do enact as follows: SECTION 1. All tide and submerged lands lying north of sub- divisions originally abutting on the mean high tide lines of the south shore of Newport bay which have -been filled in through dredging..operations shall be subdivided and leased by the state surveyor general at a rental and on terms to be fixed by the state board of control and the surveyor general. Said subdivision shall be so laid out that the present streets and lots will be extended north to the south pierhead line of Newport bay. In the lease of said lands the preference right to lease shall be given to the abutting property owners for a period of six months from the date this act becomes effective. All money received from the rental of said lands shall be paid into the general fund of the state. The surveyor general is hereby authorized to prepare, make, execute and deliver all papers, instruments and documents and to do any and all things necessary to carry out the provisions of this act. 0 CITY GRANT OF 1927- (Statutes 1927- page 125, Chapter 70.) An act granting certain tidelands and submerged lands of the State of California to the city of Newport Beach upon certain trusts and conditions. (Approved by the Governor April 5, 1927. In effect July 29, 1927.) The people of the State of California do enact as follows: SECTION 1. There is hereby granted to the city of Newport Beach, a municipal corporation of the State of California, and to its suc- cessors, all of the right, title and interest of the State of Cali- fornia held by said state by virtue of its sovereignty, in and to all of the tidelands and submerged lands bordering upon, in, and under Newport bay, situated below the line of mean high tide of the Pacific ocean not heretofore granted to said city or to the county of Orange, to be forever held by the city of Newport Beach and by its successors in trust for the .uses and purposes and upon the ex- press conditions following, to wit: (a) Said lands shall be used by said city and by its successors solely for the establishment, improvement and conduct of a harbor and for the establishment and construction of bulkheads or breakwaters for the protection of lands within its boundaries, or for the protection of its harbor, and for the construction, maintenance, and operation thereon of wharves, docks, piers, slips, quays, ways and streets, and other utilities, structures and appliances necessary or convenient for the promotion or accommodation of commerce and navigation, and for the protection of the lands within said city. And said city or its successors shall not at any time grant, convey, give or alien said lands or any part thereof to any individual, firm, or corporation, for any purpose whatever; provided, that said city or its successors may grant franchises thereon for a period not exceeding twenty -five years for wharves, and other public uses 72 - • • and purposes, and may lease said lands or any part thereof for limited x periods, in any event no'11-to exceed twenty -five years for any and all purposes which shall not interfere with commerce or navigation, and are not inconsistent with the trusts upon which said lands are held by the State of California or with the require- ments of commerce or navigation at said harbor. (b) Said harbor shall be improved by said city without expense to the state and shall always remain a public harbor for all pur- poses of commerce and navigation, and the State of California shall have at all time the right to use, without charge, all wharves, docks, piers, slips, quays and other improvement constructed on said lands or any part thereof for any vessel or other water craft or railroad owned or operated by the State of California. (c) In the management, conduct, or operation of said harbor or any of the utilities, structures, or appliances mentioned in paragraph (a) no discrimination in rates, tolls, or charges or in facilities for any use or service in connection therewith shall ever be made, authorized or permitted by said city, or by its suc- cessors. The absolute right to fish in the waters of said harbor with the right of convenient access to said water over said lands for said purpose is hereby reserved to the people of the State of California. - 2 - 0 ACT OF 1929 CO .RMING COURT DECREES. (Statutes 192% page 274, Chapter 142.). An act to establish the line of ordinary high tide in cer- tain parts of Newport bay in Orange County, California, in con- formity with and to confirm certain decrees of the superior court of the State of California, in and for.the county of Orange, es- tablishing said line of ordinary high tide, and to confirm the grants of tide lands heretofore made to the city of Newport Beach. (Approved by the Governor April 20, 1929. la effsot August 14 1929•) WHEREAS, The State of California has heretofore granted to the city of Newport Beach, a municipal corporation, in the county of Orange, State of California, and to its successors all of the right, title and interest of the State of California, held by said state by virtue of its sovereignty, in and to certain of the tide lands and submerged lands bordering, in and under Newport bay below the line of ordinary high tide of the Pacific ocean by acts.of the Legislature approved May 25, 1919, and April 5, 1927, respectively, upon the uses, trusts and conditions set forth in said acts; and, WHEREAS, At the time of the said grants the line of ordi- nary high tide of the Pacific ocean in said bay had not been established; and, WHEREAS, Subsequent to April 5, 1927, in actions brought by the city of Newport Beach against various owners of upland bordering the said bay and owners of upland constituting islands within said bay, being cases numbered twenty -three thousand six hundred seventy -eight (23678); twenty -three thousand six hundred -1- L] seventy -nine (23679); twenty.wthree thousand six hundred eighty - one (23681) ; twenty -three thoug,gLYA six hundred eighty —two (23652); twenty -three thousand six hundred eighty -three (23683); twenty- three thousand six hundred eighty -five (23685); twenty -three thousand six hundred eighty -six (23686); twenty -three thousand six hundred eighty -seven (23.687); twenty -three thousand six hun- dred eighty -eight (23655); twenty -three thousand six hundred eighty -nine (23689); twenty -three thousand six hundred ninety (23690); twenty - three thousand six hundred ninety -one (23691); twenty -three thousand six hundred ninety -two (23692); twenty - four thousand and twenty -six (24026); twenty -four thousand and eighty «nine (211089); twenty -four thousand and ninety (24090); twenty -four thousand and ninety -one (211091); in the superior court of the State of California in and for the county of Orange, by judicial decrees, certified copies of which have been duly recorded in the office of the county recorder of Orange county, California, said line of ordinary high tide has been established, to the extent of the respective lines described in said decrees, and WHEREAS, It is to the general public interest that such line of ordinary high tide in said bay be established by act of the Legislature in conformity with said decrees above referred to; now, therefore, The people of the State of California do enact as follows: The line of ordinary high tide of the Pacific ocean described in said decrees aforesaid, is hereby established and declared to be the line of ordinary high tide in those portions of Newport bay and the arms thereof set forth in said decrees, and it is hereby -.._2 further declared that the grants of tide lands heretofore made by the State of California to the city of Newport Beach in- cluded all tide lands whether filled or unfilled bordering said line of ordinary high tide above described and said grants are hereby confirmed upon the same conditions and for the same uses as in said grants specified. -3- 0 CITY GRANT OF 1929. (Statutes 1929, page 1704, Chapter 513.) An act granting certain tidelands, submerged lands and filled lands of the State of California, to the city of Newport Beach, upon certain trusts and conditions. (Approved by the Governor June 15, 1929. In effect August 14, 1929•) The people of the State of California do enact as follows: SECTION 1. There is hereby granted to the city of Newport Beach, a municipal corporation of the State of California, and to its suc- cessors, all of the right, title and interest of the State of Cali- fornia, held by said state by virtue of its sovereignty, in and to all of the tidelands, submerged lands and filled lands lying within the corporate limits of the city of Newport Beach, and bordering upon, in and under the Pacific ocean, situated below the line of mean high tide of the Pacific ocean not heretofore granted to said city or to the county of Orange, to be forever held by the city of Newport Beach, and its successors in trust for the uses and purposes and upon the express conditions following, to wit: '# (a) Said lands shall be used by said city and by its successors solely for the establishment, improvement and codduct of a harbor and for the establishment and construction of bulkheads or break- waters for the protection of lands within its boundaries, or for the protection of its harbor, and for the construction, maintenance and operation thereon of wharves, docks, piers, slips, quays, ways and streets and other utilities, structures and appliances necessary or convenient for the promotion or accommodation of commerce and navi- gation, and for the protection of the lands within said city: And said city or its successors shall not at any time grant, convey, give, or alien said lands or any part thereof to any individual, firm or corporation, for any purpose whatever; provided, that said - 1 - city or its successors may grew ranchises thereon for a period not exceeding fifty years for wharves, and other public uses and purposes, and may lease said lands or any part thereof for limited periods, in any event not to exceed fifty years for any and all purposes which shall not interfere with commerce or navigation and are not inconsistent with the trusts upon which said lands are held by the State of California or with the requirements of commerce or navigation at baid harbor. (b) Said harbor shall be improved by said city without expense to the state and shall always remain a public harbor for all pur- poses of commerce and navigation, and the State of California shall have at all times the right to use, without charge, all wharves, docks, piers, slips, quays and other improvement constructed on said lands or any part thereof for any vessel or other water craft or railroad owned or operated by the State of California. (c) In the management, conduct or operation of said harbor or any of the utilities, structures or appliances mentioned in para- graph (a) no discrimination in rates, tolls, or charges or in facilities for any use or service in connection therewith shall ever be made, authorized or permitted by said city, or by its suc- cessors. The absolute,.right to fish in the mters of said harbor with the right of convenient access to said water over said lands for said purpose is hereby reserved to the people of the State of California. - 2 - ACT OF 1929 AMENDING CITY GRANT OF 1919 AND CITY GRANT OF 1927. (statutes 1929, page 974, Chapter 574.) An act relating to the granting of franchises upon, and leases of, certain tidelands heretofore - granted to the city of Newport Beach by the State of California. (Approved by the Governor May 29;11929. In effect August 14, 1929.) The people of the state of California do enact as follows: SECTION 1. The city of Newport Beach, and its successors, is hereby authorized to grant franchises for a period not ex- ceeding fifty years for wharves and other public uses and pur- poses, and to lease for a period not exceeding fifty years for purposes consistent with the trust; uDon which tidelands are held by the State of California and with the requirements of commerce or navigation, upon, or of, all, or any part of, the tidelands heretofore granted to the city of Newport Beach under the provi- sions of an act entitled "An act granting certain tidelands and submerged lands of the State of California to the city of New- port Beach, upon certain trusts and conditions ", approved May 25, 1919, and under the provisions of an act entitled "An act granting certain tidelands and submerged lands of the State of California to the city of Newport Beach upon certain trusts and conditions," approved April 5, 1927, any limitation of the period of years of such fra.nchiass and leases, contained In either of said acts, to the contrary notwithstanding. ACT OF 1929 AMENIG COUNTY GRANT OF 1919. (Statutes 1929, page 974, Chapter 575•) 7 Act to amend I section 1 of an act "entitled "An act granting certain tidelands and submerged lands of the State of California to the County of Orange in said state upon certain trusts and conditions," approved May 25, 1919, relating to the granting of franchises upon, and leases of, the tidelands therein granted to the county of Orange. (Approved by the Governor May 29, 1929. In effect August 14, 1929•) The people of the State of California do enact as follows: SECTION 1. Section l of an aet entitled . "An act granting certain tidelands and submerged lands of the state of California to the county of Orange in said state upon certain trusts and conditions," approved May 25, 1919, is hereby amended to read as follows: Section 1. There is hereby granted to the county of Orange and to its successors all of the right, title and interest of the State of California held by said state by virtue of. its sover- eignty in and.to all that portion of the tidelands and submerged lands bordering upon and under Newport bay in the said County of Orange, which are outside of the corporate limits of the city of Newport Beach, a municipal corporation, the same to be forever held by said county and by its successors in trust for the uses and purposes and upon the express conditions following, to wit: (a) Said lands shall be used by said county and by its suc- cessors solely for the establishment, improvement and conduct of a harbor and for the establishment and construction of bulkheads or breakwaters for the protection of lands within its boundaries, or for the protection of its harbor; and for the construction, maintenas"_ and operation thereon harves, docks, piers, slips, quays, ways and streets,:. ;and other utilities, structures and appliances necessary or convenient for the promotion or accommodation.of commerce and navigation, and the protection of the lands within said county. An&said county or its suc- 1-�: cessors shall not at any time grant, convey, give or alien said.;• lands or any part thereof to any individual, firm,. :or corporation for any purposes whatever; provided, that said county or its successors may grant franchises thereof for a period not exceeding fifty years for wharves and other public uses and purposes, and may lease said lands or any part thereof for a period not exceeding fifty years for purposes.consistent with the trust upon which said lands are held by the State of Calif- ornia, and with the requirements of commerce or navigation at said harbor. (b) Said harbor shall be improved by said county without expense to the state and shall always remain a public harbor for all purposes of commerce and navigation, and the State of California shall have at all times the right to use, without charge, all wharves, docks, piers, slips, quays, and other improvements constructed on said lands or any part thereof for any vessel or other water craft or railroad owned or operated by the State of California. (c) In the management, conduct or operation of said har- bor, or of any of the utilities, structures or appliances men- tioned in paragraph (a) no discrimination in rates, tolls or charges, or in facilities for any use or service in connection therewith shall ever be made, authorized or permitted by said county, or by its successors. The absolute right to fish in - 2 - . . the waters of said harbor with the right of convenient access to said water over said lands �## said purpose is hereby re- served to the people of the State of California. -3- 0 9 March let. 1933 Mr. E. L. Brumley Vice-President H. C. Donald2on 00§WanF► Inc. L6 AWs es► Oaliiffornia Street Dear Sir: Answering your letter of Pebrnrary 25th, re- BBeacheeasterllyy oof of th property Lags n Club 91 -0. eft Beach acquired from the state Tide Land Gram City. ME Please be advised that the City of Befit this Property under a Tide Land Grant of California. Land aagatlred under the t carrot be sold but may be leased by the Very truly yoare► a J VANDINE 3401 CABLE ADDRESS TUCKER 3377 "D ONCO" UP COMW °KOLLMNNJ F_:' ANIM SIILCC. :A�a'&N Vs;; CIA %9RAPN] H.0 D.ONALDSON 606 BUILDERS EXCHANGE BUILDING ES'EEN'P.E -w A6VREw E. L.BRUMLEY 656 SOUTH LOS ANGELES STREET T D, SSA a ASiU X SECRETARY LOS ANGELES Feb. 25, 1933 Mr. R.L.Patterson City Engineer Y Newport Beach, California, Dear Sir: ... Through the information obtained from our mutual friend, Mr. E. L. Young of the Pacific Electric Railway, it is my understanding the property fronting on the Bay at Balboa, between the American Legion and the little Brown Boat House, was deeded to the City of Newport some years ago by the Pacicic Electric Railway. If this property is still held by the City of Newport Beach, will you be good enough to advise me whether any of these lots are for sale and if so at what price? Thanking you in advance for accomplishing my request, I am Yours very ruly, O E.L.Brumley ELB /M ,,s �l M CITY OF r: T al:Qtt-'% Ra.i corporatist 2a the 04m* Of Oft*.8 fstaw of tal"Ormia iai sidorat:lea of "it moswo and ®11►1► *; Valuable donsidefltUS to it in Umd pail[• raoelpt of-Isiah is borew aalmsnrlodgad• do** 14 tir.Sraat to M .:;!'lSffl fff GAUP TAs the ! i pv"Orf v Situate is 161'ii1fhr Of mart lseewb. 00aaty of 0rmi&i4 6tate of d)ailfar;ifa. daseribod 00* -follows# to ui:tt its at the point of intersostion of the sfttberlr prolon*$"v of tho smat*" line of goartooAth dtnsot wily► 00 3046 39ss.of 000ae Aver (0 foot In widlth), so as" "most and 4em are show* on as Map of Sootlot *am of MOV4 t dsaobe..usaorded in book 80 paao 27 of Moosilamov a aka "Gordo it: Came Cenefr, Callfiraim vom#w usaw . sostfifaatyr along As ksthorlr praTaaption at Us i3asfaAr alas at said Row6g alb Stroat a 41*tasas of 00 footf thomN bsatorl.r along a lSa paralls1 with. aaod 250 Poet distapt . Seetherlr fron, tbs South .lito of "14 Doom lataM a distsaft of "0 restf tors or less* to ibe point of lateroostiss witb tbo Soathorlr Pouloasiaall",of tbo nesterlr lime of Sinitemath Stnot in odii 81f1Yi thsnisl:.ilar rlr stleaki On ft*tborlr prolsasatiss of as Weetsrlr lbw of said 21n[MSalk Strsot to 0*. peiat of intersection nrith fba '#oath l im . of said Osoaa twa ant and Vona 2astorlr alone salt line a disfenos of 9" `foal, MOOS Sr lees, fa tlos.ps$At of beglaiatafa 6uhjost tot 1. Tasty for tiooal y9W J"Jy -19JOO not rat parmKo. 20 uba aoaditleas as sot forth in a dood. dated MW 250. 1822 ,from tins Pasifio sloslris Last 0ompssry s s000ration.` to t6 Oitrr,of lhwpart Asaah,'A 0204LPSI ooSPOMUSEs r000rdst iwN AM* 1922 is soak 42? . pa®s 54 of Doofn's rsasrds of Sala grow. covaifi stns. We$ horsbr I(AUX M to the state -of 0,aliferata all of do risM, title and interest of said city of utewporl Baash• a mnrisiP4 oorparaelen, is and to all lnsti lrW seavard of Me La Lembore pariiea►larir doteribd . real propergr. Said Citr ask" to warrant wifh ronpoet to riots Hilo or interest of fbe Units& States at Asarioa. this dwd to asdle rarousat to 2ssolutiem po. 3728 of the 0itr of rewport 2004h. is wimu o aam tho 01st' of 104ort Ieaah 1r Ito Coawil k" ssmsidered ww" Pr000nto to be etaaated on $t9 behalf br its mayor a" Its oifr Blom this day of OatSMr. 19". wIS"! 0, $PAOA Mayer Oita clerk GEO. A. PARKER, PRESIDENT R. Y. SHAPER, Ylts- PPESIPENT L. R. KENNEDY. YSCE.PRESIOENT C. W. BAXTER. SELRETARY JOHN LUTZ. JR., ASVSTANT SECRETARY G. E. WELSH, M. TANT SECRETARY M. M. GALBRETH, ASSISTANT SECRETARY J. A. Gant, City City Hall$ Newport Bear hr. Gantt MAIN STREET AT FIFTH Jane 21st, 19149. Treasurer, Beaah, California. The Judgment in Case No. 23W. Superior Court of Grane County, a udged that the land lying between the "NORTH UNI* and the "- UT LINE is tidelands and submerged lands acquired by the city of Newport Beach by the Legislative Grant from the State of California., and that said land (consisting of a strip 140 -feet in width) to an arm of Newport Hay. An mot of the Legislature Statutes of 1929t Page 2T4 Chapter 142, confirmed the tide lines fixed in case No, RiW* Section 1€114 of the Harbors and N�rigation Code provides that the following streams and maters are navigable and alts public wayst Newport Bay, in the county of Orange, and all its ame, and the sloughs connecting with the bay in which the tide abbe and floors, including "The Rialto" and The Rivo Alto" as shown upon a map of Canal Section, Newport Reach recorded in Boob.+, Page 99 of Miscellaneous Napa, records of $range County, California. Whether the land may be filled$ graded.aad improved as a public street must be ascertained from.a construction of the Legislative Grant from the State to the City and whether tho use of the property as a street would be inconsistent with the trusts In the grant. No boUbead lines in this area have been established by -the A HALF CENTURY OF TITLE SERVICE J. A. Gant, City Treasurer June 210t, 1949• Page 2 War Department. Nevertheless, is oh as the area is deola , to be navigable and a public way# `�I might be advisable to aocOl n from the District Engineer of the Corpe of Engineers* United 9%&%e9 Army what the attitude of his office may be on the proposed improvement. It is my suggestion that this matter be referred to the City Engineer and the City Attorney for study. A compilation by the writer of the various Legislative Grants In the vicinity of Newport Bay is enclosed herewith. Yours truly, Roy V. Shafer Vice - 'resident, RVS:bo orange County Title Company. y J U 0 h�OoQ U4 % 1 c ea' oa � 111Q\ o I �I 7 �1 T4, �A o� ZA �o 1 `I Q� 11 � � 1 7- 1 I 00 . 0 jz 7,y Z'A 0 ill THE' ,L"P7MOR. COU_ ?1' OF PI' S:I'M OF CdLi7OXJ'i I UB.�,!vG3 CU:u;SY, OAIIF R?T]A, a Public Corporation, 1 Ylr,intiff ;:o. 20436. vs } TH-- L 7?7r1 i.F COia' .t y, ) Lec ree .Uefendant. ) '.l' ?Lic cause came on regularly for n -wring before the Uourt without a Jury, hlexamder Y. = Ielson,- sz., -District • ttorney, =:zc !:essrs. Anderson dnderson a- *pe.:r— in- for the pis.intiff and :::e'-srs. Scarborou_--h ,; ;;ov!en appearing for the defendUnt; nd thereupon evidence vies r,',Z."Lced, and the Uourt Prying duly considered the s::.me, and, f;.ndin, -s .navin„ been waived. o-; t;.e respective parties, it is :.ow uRDFR17i^;D, .:.I,JUDI,MI ?D M�7 -72D that the plaintiff is t -e ovaer, as the succe sor in interest of the °tate of California under grant from the legislature of the State of California by ='pct approved tray W p 1^il9, of title and interest of the :state in all that Portion of the tide and snbmerged lards of P•leamort Bair in the 'County of urange, Stateof California, m,Rich are outside of the corporate limits of the City of kerrport nea.ch, to be forevor held in trust for the purnc ;ses uses and upon the ax?ress trasts set out in s id urantinc, <-ct: And it is f'.irtl.er 40JUDG:33 _ ;D D. RE &D that the follovring is a description of the sc;id tide and sumaerged lands of said ivecport �Jv r which •;!ere granted to the said nlantiff oy said uranthn:_^, Pict acrid. of whilch picintiff is the ov.,ner un:ler and n.- virtue of sci;t Act, to- -,:it: situate in tae uoanty of vrange, state of Califor:da, co %,:a�.ncing 2.t Station IIo. 1 and the poi.:t of be i ^,in;; of the line herein described is the ooi:it of intersection of tae ,_ortnerl ooun:i.ar ;r li..e of the Uity of t:ezmort Beach, ueli.forn.ia, -ita the bulkhead li.e ax.tendinS from U. 6. naikhcad station r:o. 101 to U. a. nulkhez.d station vo. lu4 as said bvlxhaad ii-ee a ;zd bulxrie;;d stations are lied out and snomm anon a ma,,) of ve^::port nay, California, sho °ring harbor lines, approved I by the .:ar Department January 18, 1917 ;�tnence South 2v0 U2. 15" West, zYd.79 feet to Station No. 1zY; thence south 340 58 15" West, 424.U5 feet to btation No. 128; thJ e �,.. ..N -2- b1. 1 South 190 53-0- `:lest, 10%1.32 feet -to Station No. 129; said Station 129 being WA identical with U. 1. vu:lkhead >>at 130; thence north 610 00• 00" ''cyst, along the bulkhead line extending from U. ;. 3u1'.h?a.d Station No. 130 to U. S. uliheod Station No.. 1X9, 1800.00 feet to Oation so. 130 of the line herein described; thence i. =::vin_; said bulkhead line Lorth 290 0 uu^ bast, G"L.07 feet to 'station to. 131, said `t Lion :o. 131 being in t_ie Southerly llae of the ei„hty tGOi foot right of way of the Ualifor -da Mate highway trt a point erhi h bears 6outh 10 36, 30" ,est, W.00 feet fro '�n,31neers Station 23 12.35 of the center line of said Ai hway,, as shown on ::beet ao. 2, Tection3, -route 6U, V'ounty of urange, alivision M, of plans a •°roved by the ualifornia highway uommission*bn vovember 19, 1933, and on file in Or, office of said vallfornia highway Goa ission ;thence .;:sterly, along said southerly line of the eiThty QUi foot right or gray of the ualiofrnia Kate highway, to an intersection with the noundary line of the Wity of newport leach; thence southwesterly end. in a gener €l ,o.the -terly iirection followi g s.long the said boundary line of the City of ;fort 3each, to a. point due bonth of Station A. 3, of the lice herein Ascribed; thence Yorth to said Station Yo. 4; thence ?alt (350.00 feet to Station No. 3 of the line here: -i described; thence south 200.00 feet to an angle poi•,t in tKe boundary line of the City of it wort Beach; the—ea; 1's.sterly aloeo said boundary line of the Oity of Qe;Dort Beach to Otation No. 1 of the line herein described and the point of beginning. , _�2 *0 1 1 D 3 S C R I P T I O N 41 1 All that portion of the tide and submerged lands of Newport Bay in the County of Orange, State of California granted to the County of Orange under grant from the Legislature of the State of California by act approved May 20th, 1919, bounded on the West by the Southwesterly prolongation of the center line of Irvine Avenue, which line is also the city boundary of Newport Beach, and bounded on the East by the line between Station 180 and Station 1131 as shown by Decree No. 20436 in the Superior Court of the State of California, in and for the County of Orange, recorded'in Book 681, at page 92, of Deeds., records of Orange County, California, bounded on the North by the Southerly line of the 80 foot right of way-of the California State Highway, as shorn on Sheet No. 2, Section B, Route 60, County of Orange, Division VII of plane approved by the California Highway Commission on November 19, 1928 and on file in the office of said California Highway Commission; bounded on the South by the boundary line of the city of Newport Beach as of September 1, 1906, D B S C R I Pi O N All that portion of the 41de sad submerged lands of Newport Bay in the County of Orange, Stott of California granted to the County of Orange under grant from' the Legislature of the State of California by act approved May 20th; 1919, bounded on the West by the Southwesterly prolongation of the center line of Irvine Avenue, which line is also the city boundary.of Newport Beach, and bounded on the Nast by the line between Statio3k 130 and Station 131 as shown by Decree No. 20436 in the Superior Court of the State of California, in surd. for the County of Orange, recorded in Book 661, at page 72, of Deeds, records of Orange County, California; bounded on the North by the Southerly line of the 80 foot right of way. of the California State Highway, as shown on Sheet No. 2, Section B, Route 60, County of Orange, Division VII of plans 'approved by the California Highway Commission on November 19, 1928 and on file in the office of said California Highway Commission; bounded on the South by the boundary line of the city of Newport Beach as of September 11, 1906. rte. '.. m..aa -x� • „f,� i.....,; _ DBSCR IP4I,:- All that portion of the tide and submerged lands of Newport Bay in the County of Orange, State of California, which are outside the corporate limits of the City of Newport Beach, granted to the County of Orange under grant from the Legislature of the State of California by act approved May 20th, 1919, described as follows, to -wit: Beginning at the intersection of the City Boundary Line of the City of Newport Beach, State of California, with the U. S. Government Bulkhead line between U. S. Stations 129 and 180, as shown on the map of the Survey of Newport Bay showing harbor lines approved by the `far Department January 18th, 1917; running thence South 610 00' bast along said Bulkhead line 2274.91 feet to Station 130 as shown by Decree No. 20436 of the Superior Court of the State of California, in and for the County of Orange, recorded in Book 661, at page 72, of Deeds, records of Orange County, California; thence North 290 00' East 632.07 feet to Station No. 181 of said Decree, said Station being in the Southerly line of the 80 foot right of way of the California State Highway as shown on Sheet No. 2, Section B, Route 60, County of Orange Division VII of plans approved by the California Highways Commission on November 19th, 1923 and on file in the office of the said California Highway Commission; thence Westerly along said Southerly line of the 80 foot right of way of the California State Highway to an intersection with the boundary line of the City of Newport Beach; thence South- westerly along said City boundary line to the point of beginning, .yµ D E S C R IPTI'i All that portion of the tidW and submerged lands of Newport Bay in the County of Orange, State of California, which are outside the corporate limits of the City of.Newport Beach, granted to the County of Orange under grant from the legislature of the State of California by act approved May 20th; "1919, described as follows, to -wit: Beginning at the intersection of the City Boundary Line of the City of Newport Beacht State of.California, with the U. S. Government Bulkhead line between U. S. Stations 129 and 130, as shown on the map of the Survey of Newport'Bay showing harbor lines approved by the War Department January 18th, 1917; running thence South 610 001 East along said Bulkhead line 2274.91 feet to Station 130 as shown by Decree No. 20436 of the Superior Court of the State of California, in and for the County of Orange, recorded in Book 651,_at page 72, of Deeds, records of Orange County, California; thence North 290 000 East 652.07 feet to Station No. 131 of said Decree, said Station being in the Southerly line of the 80 foot right of way of the California State Highway as shown on Sheet No. 2, Section B, Route 60, County of Orange Division VII of plans approved by the California Highway Commission on November 19th. 1923 and on file in the office of the said California Highway Commission: thence Westerly along said Southerly line of the 80 foot right of way of the California State Highway to an intersection with the boundary line of the City of Newport Beach: thence South- westerly along said City boundary line to the point of beginning. �n T1 Y Z Sewer - e�f i 3 J Sp —�IBO 34 ^ N 0 J\ 0� �ti V x U of 1 4P r 1 Beginning at station 131 as shown by Decree No.20436 of the Superior Court of the State of California, in and for the County of Orange, recorded in book 651. at page 72, of deeds, records of Orange County, California, which station Is in the Southerly line of the 80 foot right of way of the California State Highway as shoran on Sheet No.2, section "B", route 60, County of Orange, Division 7 of plans on file in the office of the California Highway Commission; running thence North 88 degrees L3' 30" west along said Southerly line 60 feet; thence South 29 degrees 01 West 75 feet; thence South 88 degrees 231 30" Nast 50 feet; theme North 29 degrees 0' East 76 feet to the point of beginning. 0 0 FROM: A HISTORY OF NEW_ -ORT BEACH by H. L. SHERMAN (1931) NEWPORT BAY TIDELANDS When the State of California was admitted to the Union, Congress gave to the newcomer all submerged, overflow, and swamp lands within its territorial limits. Since 1656, the date of Uncle Sam's tideland gift to California, the state has been transferring gradually to coaatwise cities such of these tidelands as are located within their boundaries. By an act of the Calif- ornia Legislature, approved May 25, 1919, Newport Beach was given all tide - lands within its corporate boundaries contiguous to uplands owned by the city. This was riot a very generous gift, for the city owned but little land abutting on tidewater with the exception of a number of street ends. Con- sequently, another bill was put through the Legislature of 1923, which gave the remainder of the tidelands, and submerged lands beneath the bay, to the city. Certain parties possessed of political influence, and who felt agg- rieved because of sundry occurrences within the city, prevailed upon Govern- or Richardson to kill this bill with the "pocket veto ". An act approved by the Legislature, on May 11, 1925, gave private upland owners on the south shore of Newport Bay the prior right to lease tidelands resulting from artificial fill which abutted on their property. Prior to dredging of the city channel, the row of lots facing south on Central Avenue, between 6th and 9th streets, enjoyed an exposure on the harbor similar to that of lots on the east bay front of Balboa. When the city channel was dredged the excavated sand was placed in front of this property, setting it back a full city block from the water, and greatly diminishing its value. Owners of certain lots affected were reputed to have been instrumental in securing the governor's veto just referred to. It was the purpose of the act, passed May 11, 1925, to partially right this wrong, by permitting owners of the lots in question to have the first opjortunity to lease the made land. April 5, 1927, another bill passed the Legislature, which gave to New,,ort Beach all the tide and submerged lands of New,•ort Bay, and it was signed by Governor Young. The matter of determining the mean line of high tide, which normally is the line of demarcation between p«blic and private property, is always a difficult one that generally requires court litigation. On the shores of Dtax�ta_ Newport Bay the problem had been aggravated gr =atly by the deposition on the beaches of dredged materials, a procedure that occasionally placed private property formerly abutting on tidewater some distance away from it. Ever since the first subdivisions had been placed on the market in Newport Beach the question of ascertaining the limits of their property had been annoying water front land owners. With the development of Lido Isle, and other bay front lands, the sit- uation had become sufficiently serious to demand propmpt attention. In 1927, a large non - profit corporation was formed under the name of Orange County Harbor Land Owners Association; an organization that included all owners of lands affected by the tide line uncertainty. During 1927 and 1926, this corporation fought a series of friendly suits against the City of Newport Beach in the Superior Court of Orange County, with the result that all bound- arise of private lands, where the same abutted on the bay, were definitely fixed. During 1929, three more bills were passed affecting the tideland situation In Newport Beach. April 20th, an act established the line of high tide set by Orange County Superior Court decrees in the local tideland cases just re- ferred to. May 29th, an act gave Newport Beach the right to extend lease periods on tidelands from twenty -five, the previous livit, to fifty years. June 15th, an act gave the city those tidelands, filled lands, and submerg- ed lands located adjacent to or under the Pacific Ocean. Y TA T. tta � .. IT iTi it iF:l to i v ; . z 5 } l t �JL� r f' IT C 3 3 T x 1 i 1 s , s r t � of s YF ` -.i'- a. i _' a T - J,y '& i q`'r Gam•• 1 ° , Tt 1p IT it --- n. ti r j' 4 ' 1 f � Y C � 9os s v t T i �1 tj n r 0 I I A, W r�L !'jN ld G" � 6•yC i 1 a. r _ 1. - r \j h; pl \i a Lf, kA N I° { IZI P C .a /I ` M 0 "NEW I fy� See file for Map of Exhibit A (California State Highway Roads — VII- ORA -43, 60 -A,A) \ • BTATE OF CALIFORNIA • DEPARTMENT OF PUBLIC WORKS DIVISION OF HIGHWAYS DISTRICT VII SW RATA W ILOIKO. civic cENlER all NEST IIISST STREET LOB ANOEUM ( It), CALWORNIA January 12, 1945' LI&SKR5,VK FILE NO. RW- VII -Ora- 43,60 -A ec'd. %r / f Mr. R. L. Patterson I Rcfie,to_ City Engineer .-- City Hall Rnsw'd _......... . Newport Beach, California �� ��J Life ........ .. ... Dear Mr. Patterson: Re People vs. W. R. Mc I am enclosing copy of letter sent this day to Mr. Roland Thompson, which is self- explanatory and which is in line with my telephone conversation with you. I will keep you advised as to the progress made in this action, and will contact you further when the case is at issue. Very truly yours, P GEORG"Ef C. H Attorney GCH -rh cc -ccc encl -1 f 1 `� I STATE OF CALIFORNIA DEPARTMENT OF PUBLIC: WORKS DIVISION OF HIGHWAYS DISTRICT. VII ERE STATE 6UILRM6, CIVIC CENTER 114.MI[[T FIRST STREET LOS AP!Q&L9:6 (12). CALIFORNIA ?�, PLE18[ R[iLR January 12, 1944 ::. TO TILE N,. RW -VIT -Ora- 43,60 -A °r $oland "hompson' city &6torney Spurgeon Building Santa Ana; 0411fornia Dear Yr. ^:,omp #bzjj Re People vs. A. F. Mc&o, et al Ttianletter will serve to confirm our telephone conversa- tion 6f:..even date, during which I informed you that we corsider`3t eAvigable for the City of Newport Beach to hold in abo; anee the - "ecution of the deed forwarded to the City Co_cnal bg -Mfr ,8. v. Cortelyou, District :engineer of the Division of Highways, under date of January 10, 19454. In lieu. of executing this deed, it is our Isi;gges- tion t'Fi#t you file an answer in the subject proceeding on behalf of defendant, City of Newport Beach, by reason of its interest in Parcels 4 and 5 in the above - entitled case. In this connection, it is our further suggestion that you forward to me, in care of the above address, a copy of the complaint in the quiet title suit instituted by the City of Newport Beach against McKee and others, and we will endeavor to assist you by preparing a`pro- posed answer for the City of Newport Beach to file in out proceeding. In this way, the answer of your client, the,City'of Newport reach, will be consistent with our theory:of the present status of title. Meanwhile, I will assure that you will take steps to either dismiss the quiet title proceeding instituted by the City of 'Newport Beach or to have the case removed from the calendar. We wish to thank you for your cooperation in this matter. Very truly yours, GEORGE C. HALLEY GCR -rh Attorney cc -ccc cc- Patterson. RICHARD L. PATTERSON �L1 �•; - �r % GITT ; co ti Q E 4 ", March 2. 1944 Mr. Roland Thompson 210 Spurgeon Bldg, Santa Ana, California Dear Sir; o.rt '�eac ion s -£ <y Y se TELEPHONE 52 fir ° ,g � �. P[nax 11 53 Be$ City of Newport Beach vs We Be McKee at al I have checked over the quitclaim deed from the Irvine Company to W. R. McKee and find that it covers the same property as the r evi sed description of a portion of old Central Avenue which I furnished you on November 5, 1943. The xhereby Margaret of ateal�conveyedoak609f000tt� right of wwaayds, to the County of Orange describes that portion of Newport Boulevard lying northerly of the north line of the Santa Ana River. Newport Boulevard connects with the northerly extension of Central Avenue. The following plans and engineering data might be used in this case. 1. RECORD OF SURVEY LANDS OF W. Re MCKEE, ET AL February 1928, Filed in Book 3, page 340 Record of Surveys. 2. MAP SHOWING CENTRAL AVENUE SOUTH OF STATE HIGHWAY November 8, 1943, by R. L¢ Patterson, City Engineer. This map shows the property involved and adjacent property as it now exists. DEPARTMENTS ENGINEERING All '4 '+1� r r T E ...ER TELEPHONE 52 fir ° ,g � �. P[nax 11 53 Be$ City of Newport Beach vs We Be McKee at al I have checked over the quitclaim deed from the Irvine Company to W. R. McKee and find that it covers the same property as the r evi sed description of a portion of old Central Avenue which I furnished you on November 5, 1943. The xhereby Margaret of ateal�conveyedoak609f000tt� right of wwaayds, to the County of Orange describes that portion of Newport Boulevard lying northerly of the north line of the Santa Ana River. Newport Boulevard connects with the northerly extension of Central Avenue. The following plans and engineering data might be used in this case. 1. RECORD OF SURVEY LANDS OF W. Re MCKEE, ET AL February 1928, Filed in Book 3, page 340 Record of Surveys. 2. MAP SHOWING CENTRAL AVENUE SOUTH OF STATE HIGHWAY November 8, 1943, by R. L¢ Patterson, City Engineer. This map shows the property involved and adjacent property as it now exists. Mr. Roland Thomps. March 2, 1944 Page Tito 36 MAP OF TH P, CITY GY TxWPORT BEACH, CALFF F!, -IA SH9_i�'ING !4LW CITY BOUNDARY LINE, April 1921, by P. E. Kresalsy, City Engineer. The original incorporation of the City described the City boundary as being the north bank of the Santa Ano. River. This map shows the location of the north bank of the Santa Ana River westerly of Central Avenue and was compiled from field surveys made in 1921 under Mr. xressley +s adpervision. I cannot find any record in the minutes of the City Counoil meetings shaving that the map was adopted officially. 4. PLANS AND DETAILS OF THR'U PLATE GIRDIM BRIDGE AND APPROACHES ACROSS SANTA Al,A RIVER, CITY Cr NEWFORT BEACH, CALIFORNIA, by P. E. Kressley, City Erb, neer, Consisting of 3 Shisets, October 1922S.: erior to the construction of this bridge there was a wooden bridge, 385 feet in length, across the Santa Ana River. The new bridge had a span of 40 feet and the northerly approach was filled with dredged materials, and concrete pavement, cement concrete sidewalks and curbs, and street lights were constructed thereon. The improvement plans show a profile of the ground line across the river prior to construction. Pursuant to Ordinance No. 3.94 a general election was held on March 23 1922, for voting; on the issuance of bonds in the amount of $21,000.00 for the construction of the above bridge. The following section is copied from Ordinance No. 194: "Section 1. "It having been determined and declared by Fesolution No. 152 of the city of Newport Beach, passed, adopted, and approved by the vote of more than two - thirds of all the members thereof, that the public interest and also the public necessity demands the construction in the city of Newport Beach of a municipal improvement as followat "The construction of a steel plate girder bridge with steel cross - beams, wooden stringers, and flooring, and the necessary and sufficient approaches, the bridge when completed to be 32 feet in width and 40 feet in length, extending over and across an arm of Newport Bay, located at and connecting the northerly end of Central Avenue, a public street of the city of Newport Beach, with the southerly end of Newport Road, a public highway of the County of Orange. Xr. Roland Thom p n • 1 Mara 2, 1944 Page Three . "( the use of the ward "bride ;e" hereinafter in this Ordinance means and shall CA all tunes be construed to mean the municipal improvement described in said Resolution No. 152, On avid efined and set forth in this section of this Ordinance.)" The contract for the construction of the new bridge was awarded on November 13, 1922s and the work was completed in the early part of 1923. This steel plate girder bridge was removed in 1936 upon completion of the existing bridges over the old river channel and over the State highway. I have been unable t o find anything in the minutes of the City Council showing that the plans and s pecifioations were approved by the City Council. 5. NEWPORT BAY CALIFORNIA, SURVIT OF 1912 Approved October 11, 1912, by Lt. Col. C. W. McKinstry, U43. Engineer Corps. This survey and snap was made by the Tar Department for the purpose of establishing harbor line. The original is on file in the office of the District Engineer in Los Angeles. This map shows elevations and the high water mark in the vicinity of the property in question. 6. PHOTOSTAT OF DETAIL DRAWN -, SHOWING SURVEYS CF TIDELANDS BY R. L. PATTERSON IN 1920. The original is on file in the office of Leeds anti Barnard in Los Angeles. Field rotes of these surveys are in Book 9, pages 69 to 77, and Book: 24, pages 78 ind 79, sad on file in the office of Leeds & Barnard. The survey of the 4.5 and 5.1 contours was made April 20, 1920. Then urvey of the 4.26 contour was made February 23, 1921. 7. MAP SHOWING MEANDER OF ELEVATION PLUS 4.6 CONTOUP., SECTIONS 28 AND 290 T6S. Rl0W* SBB&Mo by Leeds k Bernard, Consultant Engineers, March 25, 1926. This map and field surveys were made by R. L. Patterson. The original field notes and rasps are on Pile in the office of Leeds & Barnard. This survey located the 4.6 contour which is the mean high tide line on the Strowbridge property westerly of the old S.I. right of way. Mrs Roland Thompson March 20 1944 Page Four 6. PROFILES AgposS'SA.NTA X A RIVER AT CENTRAL AVrIN-JE AND S.F,,. RAILROAD RIGHT OF' WAY, NEWPORT SEACH, CALIFORIM.. Survey by R. L. Patterson, May 18,-1920• - This mapr'4;ii"Vrepared urger M supervision and I have a photostatic copy of the flevt,rote.. , of the survey taken from Rook 12, Pages 415 to 48 inclusive, on file In the off3.66 Of Leeds Urnard. also have photostatic copies of field notes taken from Baok*jg page 45, cn file in the office of Leads Lq.., 3arnard., of a survey wh,� .l made on May 18, 1920, showing the location of the central Avemw bridge of thetxestle) of the Southern Fpcifia Railroad Company. Col *• FAnley of Sata Ana in making surveys for that State Of swamp and ov6:r:-'-if1cw lands In 1905, made certain surveys along the north side of the old Santa Aria Fiver. I believe that I can secure the field notes from the County Surveyor* Perhaps Col. Finley Would be a good 'witness. Low tallace is very familiar with the conditions that existed over a period of years and would make a very good witness. He states that the old wooden bridge across the Santa Am River was constructed by the County prior to the incorporation of the City of Newport Beach. However., after the inoorporstion the City maintained the bridge. Superior Court Decree 23686, recorded August 22, 1,928, in Book 201, page 253 of Official Records of Orange County, established the mean high tide line westerly of the Santa Ana Fiver and determined that the "North Line" In thi said Decree was the north bank of the Santa Ana Rivere Since that time the City boundary line has been shown on the City maps as being the "North Line" as shown in said Decree* The description of the "North Line" started from a point in the westerly line of Central Avenue,, said point bearing north 470 471 55" seat from the corner to sections 27, 28# 34 and 39 TGS. FIT. The Decree does not establish the mean high tide line or north bank of the Santa Ana River easterly of the Westerly line of old Central Avenue* The mean high tide line has never been established between the above described point in westerly line of Central Avenue and the easterly line of the County property fronting on bulkhead line between Station 128 and Station 227. The Decree sets forth that V"v R. No'.Keep et al, are owners of Lots Up 1 and 2# as shown in Book 3, page 34 of Reeord of Surveys. The survey of Lot 1A was made by W. W. Hoy on November 16, 1927, and the map filed in February 1928. Mr. Rolard ThompjPn March 2, 1944 Page Five The description line of W. R. McKee as road sometimes known as •1 in thW�Decree sbo'Ur that the east property r=ein& the vest line of the 60 -foot; County Newport Avenues JudZnient quieting title, William McKee, plaintiff, versus County of Orange, was made in favor of McKee on May 120 1942, to the property now in dispute. The judgment was recorded the same day in Book 1143, page 153, Official Records. I understand from Mr. Shaffer of the Orange Title Company that McKee paid the County a nominal amount and the County defaulted the title action. It is my opinion that the Irvine Company never had any tittle in the portion of Central Avenue in dispute and that the property was originally tidelands subsequently filled with dredged material by the City of Newport Beach in 1923, and that the said tidelands belonged to.the City of Newport Beach in that they were within the city boundaries of the City of Newport Beach as the City boundary existed in 1919 when the State Legislature conveyed tidelands outside of; the City limits to the County of Orange by Statutes of 1919 page 1138, Chapter 526 and as the City boundary existed in 1627 when the State Legislature conveyed tidelands to said City by Statutes of 1927, page 125, Chapter 70. I believe that we can show that the present City boundary across Central Avenue, or the northerly extergdon thereof, is as shown by Vr. Kreseleyss survey of 19219 I maintain that all the property in dispute is within t he City limits although City maps prepared under my supervision show the City boundary line to be an the easterly side of Central Avenue. These maps of the City have never been adopted as official maps by the City Courail. I think we can show from the surveys I made in 1920 and 19269 and the profile across the Santa Aria River made in 1922 by Mr. Kressley, that practically all of the land in dispute is below the mean high tide line as of those dates. It is giite possible that the survey of the ?ancho Santiago do Santa Ana made by S. H. Finley in 1905 can be used to establish the mean high tide line as being northerly of the northerly abutment of the Central Avenue bridge as it existed in 1920. I will be glad to discuss with you the above information as soon as I secure more information from the County Surveyor as to surveys by Finley and others. Very truly s, . Pa4terson CITY ENGINEER RLP /jb ,._ . 6 1 • 1 March S, 1944 *9 Roland Thompson. 210 Spurgeon Mdg• Santa Ana, California Dear sire Res City of Newport Beach vzo W9 R. 10169 at al I have aheaked over the quitclaim deed from the Irvine Cowpony to Wo Re McKee and find that it covers the same property as the r evisad description of a portion of old Central Avenue vhish I furni"d you on November 5. 1945. The copy of deed recorded in Book 49 page 122 of Deade, whereby Margaret Irvine at al conveyed a 80 foot riggbb of vay to the County of Oratg es e deaerib that portion of Newport Boulevard lying northerly of the north 1it1A of the Santa Ana Rivere Newlort Boulevard oonneota with the northerly extension of Central Avenue* The followina plans and engineering data might be used in this ease. 1e RECORD OF' SURVEY LANDS OF W, Re MCKEE, ET AL February 1928, Filed in Hook 50 page 340 Record of Surveys. 2e IAP SHOWING CENTRAL AVENUE 800TH C4 STATE HIPWA'Y November So 19430 by Re Le Patterson. City Engineer: This map shows the property involved and adjacent property as it now exists. Mr. Roland Thoman March 2. 1944 Page Teo 3. MAP OF THE CITY OF NFL MT BEACH, CALIPOANZA SHOWI'NO I;_W CITY BOUNDARY LINE, April 19U8 by P. E. Rressley, Qty Engineer. The original incorporation of the City described the City boundary as being the north bank of the Santa Asa River. This map shows the location of the north bank of the Santa Ana River westerly of Central Avenue and was compiled from field surveys made in 1921 under Mr, 8ressleyrs supervision. I cannot find any record in the minutes of the City Council meetings sharing that the map was adopted officially. 4. PLANS ANA DETAILS OF THRU PLATE GIRDER BRIDGE AND APPROACHES ACROSS SANTA ANA RIVER CITY OP NEWPORT BEACH, CALIFORNIA, by P. E. Hressley, City Ensinesr, '"•Consisting of 3 Sheets, October 1922,. Prior to the construction of this bridge there was a wooden bridge, 385 feet in length, across the Santa Ana River. The new bridge had a span of 40 feet and the northerly approach was filled with dredged materials, end concrete pavement, cement concrete sidewalks and curbs, and street lights were constructed thereon. The improvement plans show a profile of the ground line across the river prior to construation. Pursuant to Ordinance No. 194 a general election was held on March 23 1922, for voting on the issuance of bonds in the amount of �2i,000.00 for the construction of the above bridge. The following section in copied from Ordinance No. 1941 °Section 1. "It having been determined and declared by Resolution No. 1$2 of the city of Newport Beach, passed, adopted, and approved by the vote of more than two- thirds of all the members thereof, that the public interest and also the public necessity demands the construction in the city of Newport Beach of a municipal improvement as followas "The construction of a steel plate girder bridge with steel cross- beams, wooden stringers, and flooring, and the necessary and sufficient approaches the bridge when completed to be 32 feet in width and 40 feet fn length, extending over and across an arm of Newport Bay, located at and connecting the northerly end of Central Avenue, a public street of the city of Newport Beach with the southerly end of Newport Road, a public highway of the County of Orange. Mrs Roland Thom, � • rcarcn 1944 Page Thr2, ee "( the use of the werd "bridge* hereinafter in this Ordinance meatus and shall af.all times be construed to mean the municipal improvement described in said Resolution Hoe lb2, end as defined and set forth in this section of this Ordinaneoe)* The contract for the construction of the new bridge was awarded on November 23, 1922, and the work was completed in the early part of 19230 This steel plate girder bridge was r .moved in 1936 upon completion of the existing bridges over the old river channei and over the State highwaye Y �ave been unable to find on Ming in the minute s of the City Co tneil showing that the plans and specifications were approved by the City Councils 5s NEWPORT BAY CALIFORNIA SURVEY OF 1912 Approved MaaKLnstry0ouoserEngineer2 orpes Col. C. lt. This survey and map was made by the tsar Department for the purpose of establishing harbor lines The original is on file in the office of the District Engineer in Los Angelese This may shows elevations and the high water mark in the vicinity of the property in questions 6s PHOTOSTAT OF DETAIL DRAVIN SHOWING SURVEYS CF TIDELANDS BY Be Le PATTERSON IN 19200 The original is on file in the office of Leeds and Barnard in Los Angeleae Field rotes of these surveys are in Book 9 pages 69 to 77 end VBook 24 pages 78 amd 79e mad on file'in the oft ce o eda &r 3l3 n; survey of the 4x5 and 5el contours was made April 20, 1920s The* urvey of the 4x26 contour wed -made February 23, 1921e, 7s UP SHM NO MEANDER OF ELEVATION PLUS 4e6 CONTOUR, SECTIONS 28 AND 22, T68o RlOW,& SBB&t, by Leeds A Parnsrd, Consultant Engineers, March 250 1926. This map and field surveys were made by Re Le Patterson. The original field totes and maps are on file in the office of Leeds do Barnarde This aurvey located the 4x6 contour which is the mean nigh tide lice on the Strawbridge property westerly of the old S.Ps right of ways ' B!. Roland Thomptn March 2, 1944 Page Pour 8. PROFILES ACROSS SANTA,A4 RIVER AT CENTRAL *AVENUE AND S.P. RAILF.OAD RIBff OF'WAY, NEWPORT BEACH, CALIFORNIA, Survey " R. L, Patterson, May 180 1920. This map was prepared under my supervision and I have a photostatic copy of the field notes of the survey taken from Book 12 pages 46 to 48 inclusive, on file in the office of Leeds &!=nard. 9e I also have photostatic copies of field notes taken from Book 12 page 45 on file in the office of Leeds & Barnard', of a v y w st on May 18, 1920, showing the location of the Central Avenue bridge of thetlestle of the Southern Pacific Railroad Company. Cole Finley of Sda Ana in making surveys for the State of swamp and over -flow lands in 1905, made certain surveys along the north side of the old Santa Aux River* I believe that I can seoure the field notes from the County Surveyore Perhaps Cole Finley would be a good witness* _ A Low Wallace is very familiar with the conditions that f existed over a period of years and would make a very good witness* He states that the old wooden bridge across the Santa Ana River was constructed by the County prior to the incorporation of the City of Newport Beach* However, after the Incorporation the City maintained the bridge* Superior Court Deoree 23686, reeorded August 22, 1928 in Book 201, page 253 of Official Records of Orange County, est;hIshsd the mean high tide line westerly of the Banta Ana River and determined that the "North Line in the said Decree was the north bank of the Santa Ana Rivere Since that time the City boundary line has been shown on the City maps as being the "North Line" as shown in said Deareee The description of the "North Line" started from a point in the westerly line of Central Avenue, said point bearing north 470 471 55 east from the corner to sections 27,280 34 and 39 T63* RTR. The Decree does not establish the mean high tide line or north bank of the Santa Ana River easterly of the westerly line ` of old CentrdL Avenue. The mean high tide lira has never been �1 established between the above deseribed point in westerly line / of Central Avenue and the ansterly line of the County property �(M fronting on bulkhead line between Station 128 and Station 227. The Decree sets forth that To He McKee, at al, are owners of Lots lA, 1 and 2, as shown in Hook 3, page 34 of Record of Surveys. The survey of Lot lA was made by We We Hoy on November 16, 19279 and the map filed in February 1928. Ur. Roland Thompson March 20 1944 Page Five The description in the arse oriows that the asst property lips of We Be McKee as being ttaas west line of the SO -toot County road sometimes known as Newport Avenue. Judgment qUiet1% title$ William Maggot plaintiff versus County of orange, was made in favor of McKee on May 12 .1642, to the propert y now in dispute* The nt was recorKA the same day In Book 1143# page 10 offloMa cords* I understand from Mr. Shaffer of the orange JIUO Company that McKoe paid the County a nominsl amount and the Coaaiy defaulted the title action. It is my opinion that the Irvine Company never had any title in the portion of Central Avenue in dispute and that the property was originally tidelands subsequently filled with dredged isy feCCitofNt�•� s the said ttidelandbe onged to the Cy of ewpoorRi that they wore within the city boundaries of the City of Newport Beach as the City boundary existed in 1919 when the State Legislature, conveyed tidelands outside of the City limits to the County of Orange by Statutes of 1919, page 1188, Chapter 826 end as the City boundary existed in 1927 iben the State Legislature conveyed tidelands to said City by Statutes of 19270 Pate 128, Chaptor 70. I believe that we can show that the present City boundary across Centrst Avenue$ or the northerl extension thereof, is as shown by Mr. Kreeeieyts survey of 1921. I maintain that all the property in dispute is within t he City limits although City maps prepared under my supervision show the City boundary line to be on the easterly side of Central Avenue. These maps of the City have never been adopted as official maps by the City Oounsil. I think we can show from the surveys I made in 1920 cad 19260 and the profile across the Santa Ana River made in 1922 by Kr. Kressley, that practically all of the land in dispute is below the mean high tide lint as of those dates. It is giite possible that the survey of the Fancho. Santiago de Santa Ana made by S. H. Finley in 1906 can be used to establish the mean high tide line as being northerly of the northerly abutment of the Central Avenue bridge as it existed in 1920% I will be glad to discuss with you the above information as soon as I secure more information from the County Surveyor as to surveys by Finley acid others. Very truly yours, go Le Patterson CITY EP02IUM RLP /Jb •1 01 Law Offices Roland Thompson Ch,Attorneyof .Suite 210 Spurgeon Bldg. Newport Beech Santa Ana, California February 28, 1944. Mr. R. L. Patterson City Engineer Newport Beach, Calif. Re: City of Newport Beach vs W. R. McKee, et al Dear Mr. Patterson: Telephone 2614 Bob Mize, attorney for the defendant in the above entitled matter, requested a continuance of the above entitled case heretofore set for the 6th day of May, 1944, on the grounds of illness, and as is customary between attorneys, I had to grant this continuance. we obtained the first date available on the court's calendar, which is Monday, the 24th day of April, 1944. I am enclosing a Deed from Margaret Irvine, et al, to certain property in the County of Orange, and which I believe to be a part of the right of way now before the court in the above entitled matter. I wish that you would check the description given therein for the purpose of ascertaining whether or not my assumption is correct. I should like to have you do this right away, as I am preparing on this trial and want to complete my preparation thereof as soon as possible. I am also sending you a Quitclaim Deed from The Irvine Company to 59. R. McKee,which I would also ask that you check the description for the purpose of ascertaining whether or not any portion therein contained involved the lands in the above entitled matter. I understand that Leeds and Barnard made some preliminary surveys of tidelands in the vicinity of the lands involved in the above entitled.matter. I note, of course, that these preliminary surveys would not have been introduced as exhibits in the case of the City of Newport Beach vs. various property owners, Action No. 23686. I wish that you would check these engineers, files for the purpose of finding these maps and any field notes thereon. • .1 Lew Offices Roland Thompson City Attorney of Suite 210 Spurgeon bldg. Newport Deaeh Santa Ana, California R. L. Patterson Newport Beach, Calif. Telephone 261? Page 2 Feb. 28, 1944. I would also like to have you write to the former engineer for the purpose of ascertaining; whether or not he has any maps of tidelands in the vicinity of the lands in question, or field notes on surveys. I have checked all the maps in the County Recorder's Office, all records of survey and all exhibits in the tideland.' suits, but have been unable to find any map bearing on the questions involved. It occurs to me that there may be a government geodetic survey map and I wish you would find this out for me. The description which you furnished me for my quiet title suit against W. R. McKee, I would like to know whether or not there are any lands involved therein outside of the right of way or in addition to the right of way, as there is a grave question in my mind whether or not W. R. McKee owns any land lying between the right of way and the mean high tide line of Newport Bay.. Very truly yours, Rolarfd Thompson CITY ATTORNEY Encls. r' November 27, 1943 Pi, Pe McKee Newport Beach, Calif. Dear Sir: or You are hereby notified that the buildings located southerly of the southeast ramp of the Grade Separation between the State Hi;hway and the Santa Ana Road are being constructed in Central Avenue, which is the property of the City of Newport Beach, and within the city limits of.said city, and that said buildings are being constructed without a Building .Permit issued by the.City Building Inspector. And Further, the said buildings are being constructed over public utilities. You are hereby instructed to remove all structures I�laced upon the 60 foot right of way within. ten `10) days from the above date „ or the same will be removed by the city without further notice. Very truly yours, R. L. Patterson RLP /ap CITY ENGIkIi a Nove0er 5th, 1943 Roland Thompson .210 SpurgeonGaBllifodg r *;dA Santa Anap Dear Mwe Thompson. The following in a revised description Of a portion of old Central Avenue which the City Council aS instructed you to bring; quiet title action against %7, P, McKee or T-Ir• Dants -6fjJ0, V% S a,,5 All those certain, filled tidelands,,%Bitua- ted in the 'City Of Newport Beact1^1 State of California, described as follows, to -wits Beginning at a point in the easterly line of Lot 10 as shown on licensed surveyor's Map " entitled "Record of Surveys Lands of We F. 14 . 1,eKeep 't al filed in Book 3, page 34 of Record of surveys in the office of the County Recorders Orange County, California, resterly line of (said easterly line also being the v, Central Avenue$ sometines called Ne%port Avenue) which point is South 16* 371 40" Wests 108*63 feet from the northeasterly comer of said Lot 1 (said point of be- ginning is located in the southerly line of the property- - condemned by the State of California for a ramp by ud ent in Superior Court of Orange County, CQSeVo. gm 33692) running thence from said point of beginn North ke 02' 59" East to Q Point in a line sixty ine feet oastorly from and parallel to the easterly l of said Lot 1; thence South 160 371 40" West alOnz said line to an intersection with the easterly extension of the line designated "North Line" by decree rendered in the action entitled City of liewport Beach, plaintiff, I Roland Thowson Page 2 Santa Anal Qalif, W 11 -5-43 Versus Southern Pacific Railroad Company, et al defen- dants, Case No. 23686 of the Superior Court of 6range County, California, a certified cc" of which decree was recorded September 19th, 192 In Book 201, page 253 of Official Records of said:06unty; thence westerly along the easterly extension of said "North Line" to a point in the westerly line of said Central Avenue, said westerly line of Central Avenue being also the southerly ex- tension of the easterly ling of Lot JA of said lands of W. R. McKee, said point being the easterly end of said "North Line ); thence North 18° 37' 40" East along the easterly line of said Lots 1 and JA and the exten- sion thereof to the point of beginning. RLP /ap Very truly yours; R. L. Patterson CITY ENGINEER November 3, 1943 Nre Roland Thompson 210 Spurgeon Bldg,, Santa Ana, California Dear Sir: d ex..o 5� The following is a description of the portion of old Central Avenue which the City Council instructed you to clear up the title. All those certain tide landeand filled tide lands conveyed to the City of Newport Beach by acts of the state legislature in 1919 and in 1927 described as follows, to -wit: Beginning at the point of intersection of the mean high tide line of the Pacific Ocean in Newport Bay, described as the "North Line" in Decree No, 23686 of the Superior Court of the State of California in and for the Count yy of Orange, recorded August.22 1928 in Book 201, page 253, Official Records of said county,wiih the westerly line of Central Avenue, sometimes known as Eewport Avenue, said point of beginning bears North 470 471 55" West 3509934 feet from the common corner to Sections 27, 280 33 and 34, Township 6 South, Range 10 West S.B.B. &No; uanin� t}�e oe North 1 0 51 st plong the westerly line of saQed Central 1� ®pveenuee 2784g.ff70 feeet to an Intersection nntt UiNahhLtt th� to bit gealetaioi0nn128 atadi�nsfesaisa ulk• ne an g stahions are laid out and shown upon a map entitled "Map Showing Harbor Lines Newport Bay Harbor, Newport Bay, California, approved by the War Department May 2 1938, a copy of said mwp being on file in the office of the United States District Engineer, Los Angeles, California; thence South 790 001 East 60.53 feet sLong the westerly prolongation of the said bulkhead line to a point in the easterly line of said Central Aeenuej Mr. Roland Thompson Page 2 Salta Ana, Calif. s 11 -3.43 thence South lde 361 west along the easterly line of said Central Avenue 265924 fiet to an intersection with the easterly prolongation of the soon high tide line designated as the "North Line in said Decree No. 236861 thence South 880 541 01" hest along the easterly prolongation of said "North Line" 65972 feet to the point of beginning. Neither the mean high tide line nor the north bank of the Sahta Ana P1ver has ever been established across Central Avenue. It is my opinion that we can establish the westerly line of Central Avenue from the north bank of the Santa Ana River northerly to the United States Government bulkhead line, as the mean high tide line and city boundary. The first two courses in the description could be used to establish the mean high tide line from the west side of Central Avenue to the east side. The above description takes in more of Central Avenue than is described in the quit -claim deed from the Irvine Company to W. P. McKee which was recorded December 20 1941, in Book 11252 page 163, Official Records, and judgment in favor of Nam. P. McKee versus County of Orange, recorded in Bock 1143, page 1532 Official Records. In order to definitely establish the city boundary line and the mean high tide line by using the description herein given, I believe it will be necessary to include the County of Orange and the Irvine Company in the action. I expe8t to go to Los Angebs tomorrow to dig up tideland surveys that I made in 1920. If my memory is correct, I think that those surveys will definitely establish the mean high tic,e line. We can present the plans adopted by the City Council im Ootober, 1922 for the removal of the old wooden bridge and the construction of the new bridge with the north approach being filled for approximately 300 feet southerly of the north abutment of the old bridge, These plans show the center line profile of the ground surface and the line of mean ordinary high tide- If necessary, we can make 4ortain borings to deter- mine the elevation of the original grouind surface prior to any filling. Mr, Dant is continuing with his work on the property now in dispute. The building has been completed over the city water main and he is now proceeding to construct a wooden sheet pile baikhead across Central Avenue. Isn't there some way that the city can file an injunction in order to stop this work? RLP4b Very truly yours, R. L. Patterson, CITY ENGINEER •fir; . 161 i:ovember 1st, 1943 Honorable City Council City of I cr: port Beach, Ilecriort Beach, California Ge nt lenen: Mr. Dant, Lessee of the V.'s P. McKee property lying outside of the City of Newport eac:i in the vicinity of the Grade Separation, started construction on October 26th of a building which is partly ors the portion of old Central Avenue lying northerly of the `pest Newport channel. The building with a concrete floor slab is directly over the 20" water ruin which serves N4o- jpor -t, Lido Isle and Balboa. This portion of old Central Avenue has been con- sidered as being outside of the city limits. However, I have always ra intained that it is still public property and title was either vested in the County of Orange or the City of Newport Beach. Or. two or three occasions it has been necessary to order :,:r. lMcriee to remove tem- porary structures from the property in question and the moorinC of boats in front of city property. Vre McKee received a quit -claim deed from the Irvine Company on December 15th, 1941, the consideration being '10.00, and then proceeded to bring action quieting title as to the County of Orange. Judgment was given in D� favor of I3cKee on M7 12th, 1942. I understand that D ;;:rKee ;paid the County a nominal amount and the County defaulted the title action. . It is my opinion that the Irvine Company never had any title in the portion of Central Avenue in dispute Honorable City Council City of Newport Beach Page 2 11 -1-43 and that tho property was originally tidelands, subsequently filled with dredged materials by the City of Newport Beach in 1922, and that said tidelands belonged to the City of Newport Beach in that they were within the city boundaries Of the City of Newport Beach as the city boundary existed when tho State Legislature conveyed tidelands to said city in 1919 and 1927. The mean high tide line and city boundary line wore established in 1928 by the Superior Court in Decree Lo. 23686 westerly of the westerly line of old Central Avenue sometimes called "Newport Avenue ", with a width of 60 feet. The mean high tide line and the city boundary line have not officially beer, established between the westerly and easterly line of old Central Avenue. Actual surveys will show that the property in question are tide- lands and were filled by the City of Newport Beach in 1922. I have explained this matter to the City Attorney, and it is my opinion that the city should take the proper court action to establish the city's rights, and to prevent any further encroachment on public propert . :�r. Dant proposes to construct a bulkhead and instal boat slips and .aarina ways which will seriously interfere with and endanger the 20 water :rain. Respectfully submitted, I:. L. Patterson RLP /ap CIIr %i,GIULER y MEMORANDUM. Regarding old portion of Centrajolenue Nly of West Newport Channel. October 26, 1943 I was notified by John McMillan at 4 P. M. on N4Q r 26th that construction work had been started on the McKee property. In company with John McMillan, I inspected the work and found that forms had been set for a concrete slab and foundation for a building which was over the city's Water Main and a portion of the building a portion of old Central Avenue. Mr. McKee, the owner, and Mr. Dent, who I understand is either leasing or buying the McKee property, were present. I notified them that they were occupying property owned by the City of Newport Beach and requested that they not construct any buildings on city property or over the City Water Main. Mr. Hoy had a survey party making a survey of the property. I phoned City Attorney Thompson at 5 P. M. and requested him to take any action which was legally possible to stop the construction work. Mr. Thompson advised me that, owing to the fact that the old portion of Central Avenue was outside of the city limits, Orange County would have to bring the action in- stead of the City. However, he would serve written notice on both Mr. McKee and 'fir. Dent with respect to the City's Water Main. October 27, 1943 I phoned Mr. Rose Shaffer of the orange County Title O0-m- -)any and asked if the Title Company had issued a Policy of Title covering_thetportion of Central Avenue. He advised me that they had not done so to his knowledge and that certainly any Title regarding that property would come to his desk and that he did not see how they could issue such a Policy as long as the City's interest had not beekeleared up. I- looked up Superior Court Decree 23686 -, recorded August 229 1928 in Book 201, Page 253 of Official Records of Orange County, California and found that the Decree established the mean high tide line as the north bank of the Santa Ana river, definitely setting the city boundary line. The desription of the "north line" started from a point In the Nly line of Central Avenue, said point bearing north 470 47' 55 ", west a distance of 3,509.34 feet from the corner to ;sections 27, 289 34 and 39, Township 6 south, Range 10 west. The bearing of the first course is South 880 54' west. The Decree does not establish the mean high tide line or north bank of the Santa Ana river easterly of the westerly line of old Central Avenue. In other words. the mean high tide line has not been established between the above described point in Wily line of Central Avenue and the Fly line of the County pro- • 1 (2) 01 perty fronting on the bulkhead line between Stations 128 and 227. The Decree sets forth that W. R. McKee, et al, are own - ers of Lots 1 A,and 1 and 2, as shown in Book 3, Page 34 of Record of Surveys, the map filed by W. ! ^i. Hoy in February, 1928 - that Lot 1 A was surveyed November 16, 1927. The description shows that the east property line of W. R. ?c- Kee as being the west line of the 60 foot County Road, sometimes known as Newport Avenue. The Court Decree refers to agreement recorded November 15, 1927 in Book 96 Page 228, Official Fecords, which agreement covers an easement for a 30 foot right of way for street purposes to the City of Newport Beach, Ply of end adjacent to the old Southern Pacific Company right of way and extending Wly of 46th Street. Mr. W. F. McKee received a quit claim from the Irvine Com- pany December 15, 1941; covering that portion of Central Avenue lying between the Sly line of the right of way conveyed to the State of California for the South East ramp of the grade separ- ation and the mean high tide line. The mean high tide line is described as the Ely extension of the "north line ", described in Court Case 23686. The deed shows that McKee paid the Irvine Company ten dollars, (�lo). This quit claim deed was recorded December 20, 1941 in Book 1125, Page 163, Official Records. Judgment quieting Title, Wm. McKee plaintiff vs. County of Orange, was made in favor of McKee on May 12, 1942, to the pro- perty described in the above quit claim deed from the Irving Company. The judgment was recorded the same day in Book 1143, Pa e 153, Official Records. I understand from Mr. :Shaffer that Mc�ee paid the County a nominal amount and the County defaulted title action. It is my opinion that the Irvine Company never had any title in the portion of Central Avenue in dispute and that the property was orignally tide lands, subsequently filled with dredged mater- ial by the City of Newport Beach, and that said tide lands belong to the City of Newport Tieach in that they were within the city boundaries of the City of Newport °each as the city boundary existed when the State Legislature conveyed tide lands to said city by Statutes of 1919 Page 10 and 11, Chapter 494. V4 z9 1L" 17 c My opinion is based on the following informations (1) Tide lands surveys made under my direct supervision in 1920 prior to any dredging or filling of tide lands in this area lo- cated the mean tide land line as Nly of the property now in dis- pute. (2) Prior to 1922, the City of Newport Reach maintained a wood- en bridge across the Santa Ana river channel from U. S. Bulkhead Station 126 on the south side to a point approximately 10 feet Nly of U. S. Bulkhead Station 127 on the north side. The city 01 (3) W boundary of the City of Newport Beach at that time was the north bank of the Santa Ana river. The north bank of the Santa Ana river on the city boundary line had never been off- icially established other than a_survey by Paul E. Kressley made%*,ig4k This survey placed the city boundary approximately 10 feet Nly of the north bridge abuttment. At that time this survey was accepted by the County as the boundary line. The City of Newport Beach voted a general bond issue of 4.120,000 in 1922 for the removal of the old wooden bridge and the construction of a steel plate -thru girder bridge with a span of 43 feet and the filling of the tide lands between the new,bridge and the north abuttment of the old bridge. Concrete pavement, concrete curbs, street lighting €ea" qa wooder bulk- head were constructed over the filled tide land. (Spec. Specs. - S) No brick shall be laid in water and no water shall be allowed to stand or run upon brickwork until after the mortar has had its final set. All joints on the inside of structures shall be noRtly struck; and pointed where Plastering is not specified on the plans. The outside of all structures and. the inside of all flush tanks, flushing manholes and double flushing manholes shall be neatly plastered ; °,rith Class °B" mortar one -half (1/2) of an inch thick. After the plastering on the interior of flush tanlcs, flushing manholes or double flushing manholes has set, the interior surfaces shall be coated with neat cement grout, put on with a brush. S. BACRFILLING: All backfilling shall be done in such a manner as not to disturb the pipe, conduit or other structure. In all cases the backfilling around the pipe shall first be carried up to above the center of the pipe by hand with good eart'a or sand free from large stones or lumps and thoroughly compacted by hand tools. The backfilling shall then be carried up to one (1) foot above the top of the pipe and thoroughly compacted h� flooding before additional backfilling, is Placed thereon. The trench shall then be filled to the surface of the ground with sand free from large stones or lumps. The sand shall then be thoroughly* compacted b?r flooding; with grater. 9> RESTORING TRENCH OR STREET SURFACE, CEVENT Wrff All streets or alleys, in which the surface is removed, broken into or damaged, b the installation of the improvement, shall be resurfaced, by the Contractor, with the same quality of roadway material or pavement that was removed in excavating the trench, placed to the same thickness as the original work. All cement curbs, gn.tters, drive -ways and sidewalks, drain spouts, pipe lines, sprinkler systems, etc., which are broken into or damaged by the installation of the i?nprovement, shall be reconstructed, by and at the expense of the Contractor, of the same kind of material as the original wo.r.'.c, and in accordance with the following additional require*iients, namely: Pr Zjo fl 1 o No Pr Zjo fl 1