HomeMy WebLinkAbout12/18/1972 Item #F-2To:
From:
Subject:
CITY OF NEWPORT BEACH
Office of
CITY ATTORNEY
December 18. 1972
The Honorable Mayor and
Members of the City Council
City Attorney.
Balboa Bay Club - Intent of Gift of Property
from The Irvine Company - Determination if.
Existing.Buildings and Structures are Compatible
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As an introductory comment, it should be noted that the subject
of tidelands and adjoining uplands in lower Newport.Bay is an .
extremely complex matter which could take many months of ex -,
tensive research by experts in the field. Accordingly, the
following information is based on a cursory review of the evi-
dence and material available, and represents I a summary of cer-
tain findings as indicated by the existing record. .
The Balboa.Bay Club facilities are located on property conveyed
to the City by The Irvine Company by a Grant Deed dated April 13,
1928. The grant is in fee simple absolute with no reversionary
or conditional provisions. There is nothing in the language of
the deed which would indicate the intent behind the.gift. The
Balboa Bay Club piers and slips are located on tidelands'granted
to the City by the State on July 25, 1919. The grant included
that portion of.the tidelands and submerged lands within the
boundaries of the City, and situated below the line of mean high
aide of the Pacific ocean n. .The line of ordinary high tide.was
established by Superior Court Judicial decree and later con-
firmed by the State Legislature on August 14, 1929. The main-
tenance and operation of wharves, docks, piers, slips, quays,
etc., is a.permissible use under the conditions of the State
grant.
On March 24, 19 , the City entered into a`50'year lease of
the subject property to the Balboa Bay Club. Under the terms
of the lease the Balboa Bay Club may use the real.property for,
any purpose not prohibited by law other than industrial purposes.
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