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HomeMy WebLinkAboutLOWER NEWPORT TIDELANDS MEMO_MEMO ON TIDELANDS IN LOWER NEWPORT BAYLOWER NPRT TIDELANDS IMEKORAVDUM TIDELAI'DS, SMINERGED LANDS ANB FILLED TIDEi.NDS in LOWER Na%'PORT BAY and THE SHORES OF TbE PACIFIC OCEAN in •the CITY OF NEIVORT BEACH, CALIFORNIA Richard L. Patterson Civil Engineer -JULY 15, 1969 TABLE OF CONTENTS Palae I. HISTORY OF LOWER NEWPORT BAY 1 -3 II. MAP OF LOWER NEWPORT BAY 3 -4 III, SWAMP AND OVERFLOWED LANDS 4 -11- IV, TIDELAND LOCATIONS 11-14 V. CITY OF NEWPORT BEACH BOUNDARY - 1919 15-18 VI. ESTABLISi1ENT OF HARBOR LINES BY THE FEDERAL GOVERNMENT 18-19 VII. -STATE GRANTS OF TIDELANDS AND SUBMERGED LANDS TO THE CITY OF NEWPORT BEACH AND THE COUNTY OF ORANGE A. CITY GRANT OF 1919 (Stat. 1919, p.. 1011, Chap. 494) 20-21 B. ACT OF 1919 IN RE UTILITIES (Star. 1919, p. 1012, Chap. 495) Z2 C. COUNTY GRANT OF 1919 (Stat. 1919, p.-1135, Chap. 526) 23-24 D. ACT OF 1925 IN RE LEASING (Stat. 1925, p. 269, Chap. 121) 25 E. CITY G14NT OF 1927 (Stat. 1927, p. 125, Chap. 70) 26-Z7 F. ACT OF 1929 CONFIRMING COURT DECREES (Stat. 1929, - p. 274, Chap. 142) 28-79 G. • ACT,'.OF •1929- AMENDING CITY GRANT OF' 1919 AND CITY {,GRANT OF 1927 (Stat..1929, p. 974, Chap. 574) 30 H. .ACT.OF-1929 AMENDING -COUNTY GRANT OF 1919 - s (Stat. 1929, p. 974,.Chap. 575) 31-32` I'. CITY: GRANT'OF. 1929' (Stat., 1929, P. 1704, Chap. 813) 33-34 J. ABANDOMhoe' OF CHANNEL (Stat. 1953, p.. 2583, Chap: 1096) VIII. ORDINARY HIGH TIDE LINE IN NEWPORT BAY 37 a Ik. ORDINARY HIGH TIDE LINES ESTABLISHED IN NEWPORT BAY BY DECREES OF THE SUPERIOR COURT OF ORANGE COUNTY, CALIFORNIA A. SUPERIOR COURT DECREES ESTABLISHING THE ORDINARY HIGH TIDE LINES ALONG THE MAINLAND BETWEEN THE SOUTHWESTERLY PROLONGATION OF THE CENTERLINE OF IRVINE AVENUE AND THE ENTRANCE TO NEWPORT BAY B. SUPERIOR COURT DECREES ESTABLISHING THE ORDINARY HIGH TIDE LINES ALONG THE MAINLAND BETWEEN THE SOUTHWESTERLY PROLONGATION OF THE CENTERLINE OF IRVINE AVENUE AND THE STATE HIGHWAY BETWEEN THE NORTHEASTERLY PROLONGATION OF 57th AND 58th STREETS C. SUPERIOR COURT DECREES ESTABLISHING THE ORDINARY HIGH TIDE LINES AROUND ISLANDS IN NEWPORT BAY D. SUPERIOR COURT DECREES ESTABLISHING THE ORDINARY HIGH TIDE LINES IN NEWPORT BAY ALONG THE NEWPORT- BALBOA PENINSULA Page 38-40 41-50 51-52 53-55 56=60, — --- •- -- • -No. 1 No. 2 No. 3 No. 4 No. 5 No. 6 No. 7 TABLES Swamp and Overflowed Lands in the City of Newport Beach in 1919 Summary of Swamp and Overflowed Lands in the City of Newport Beach in 1919 Area of Bay Island Area of Lido Isle in Tract No. 907 Sutmnary of Area of Islands in Lower Newport Bay Tidelands, Submerged Lands and Filled Tidelands, Lying Easterly and Southeasterly of Section Line Between Sections 34 and 3S in.the Entrance to Newport Bay., Submerged Lands, Tidelands and Filled Tidelands Westerly of the East Line of Section No. 34 to the Westerly Line of the Former Central Avenue, 60-feet in width V Page 10 54 55 55 1 CL 111.+• m a No. 1 Harbor Lines and Ordinary High Tide Lines, Lower Newport Bay, City of Newport Beach, California, R. L. Patterson, Civil Bngineer. No. 2 Survey of Swamp and Overflowed Lands in Township 6, South, Range 10, West. S. H. Finley, Deputy U. S. Surveyor, 1889, No. 3 Fractional Township No. 6 South of Range No. 10 West. S.B.M.� Showing Swamp and Overflowed Lands, As Amended by Letter 'Ell dated May 22, 1890, approved June 30, 1890 by the Surveyor General of California. No. 4 Survey of Swamp and Overflowed Lands in Sections 1 and 2, Township 7 South, Range 10 West. S. H. Finley, Deputy U. S. Surveyor, October, 1904. No. 5 Section 'W' U. S. Coast Survey in Vicinity of Newport Bay. 1875 Register No. 1392. No. 6 Superior Court Case No. 59376, November 21, 1952 0. R. 2414, P. 591. Map showing properties of the City of Newport Beach and County of Orange in the City of Newport Beach, California. R. L. Patterson, Civil Engineer. Revised May 9, 1968 to show City boundaries and areas per Court Decree. i�s • MAPS No. 1 Harb6r Lines and Ordinary High Tide Lines, Lower Newport Bay, City of Newport Beach, California, R. L. Patterson, Civil Engineer. _ No. 2 Survey of Swamp and Overflowed Lands in Township 6, South,' Range 10, West. S. H. Finley, Deputy U. S. Surveyor, 1889. No. 3 Fractional Township No. 6 South of Range No. 10 West. S.B.M. Showing Swamp and Overflowed Lands, As Amended by Letter "E" dated May 22, 1890, approved June 30, 1890 by the Surveyor General of California. 'No. 4 Survey of Swamp and Overflowed Lands in Sections 1 and 2, Township 7 South, Range 10 West. S. H. Finley, Deputy U. S. Surveyor, October, 1904. No. 5 Section "X" U. S. Coast Survey in Vicinity of Newport Bay. 1875 Register No. 1392. No. 6 Superior Court Case No. 59376, November 21, 1952 0. R. 2414, P. 591. Map showing properties of the City of Newport Beach and County of Orange in, the City of Newport Beach, • California. R. L. Patterson, Civil Engineer. Revised May 9, 1968 to show City boundaries and areas per Court Decree. } E• .. S i t • REFERENCES (1) History of Newport Beach, H. L. Sherman, 1931. (City Clerk File and City Library) . (2) Topography in the Vicinity of Newport Bay, California, Section 'I", U. S. Coast Survey, 1875, Register No. 1391. (City Engr. File 53-803). (3) Bar and Entrance of Newport Lagoon Condition in 1887 (City'Engineer File No. 104-754). (4) Notes of S. H. Finley's 1889 Survey of Swamp and Overflow Lands, T.6,S.-R.10,W. (City Engr. File No. 24-3062). (5) Notes of S. H. Finley's 1904 Survey of Swamp and Overflowed Lands, T.7,S.-R.10,W.; (City Engr. File No. 24-3062). (6) Survey of "Newport Bay, Cal. Showing Harbor Lines," U.S. Engineers Office, Los Angeles, Calif., 1912, adopted by Congress July 27, 1916 and approved January 18, 1917 by the Assistant Secretary of War. (City Engr. File No. 108-566).. (7) Revision of Newport Bay Harbor Lines, Approved by Secretary • of War, May 2, 1936 (City Engr. File No. 108-566A). (8) Revision of Newport Bay Harbor Lines,, Approved by Secretary of Army, February 15, 1951. (City Engr. File No. 117-2285). (9) Map showing Lines of Mean High Tide Lines of Pacific Ocean in Newport Bay, January 1928, Paul E. Kressley (City Engr. File No. 71-108). V vi. 1. ,0 I. HISTORY OF LOWER NEWPORT BAY 1. Lower Newport Bay was foamed by the natural accreation of sand material .carried downstream by the Santa Ana River during flood stages subsequent 1. to 1825. For a considerable period prior to 1825, the river discharged into the Pacific Ocean in the vicinity of the Bolsa Chica-Alamitos Bay area. In that year, unusually heavy floods caused the river to adopt a new route to the ocean, located imrnediately southeast of the Huntington Mesa (H. L. Sherman, History of Newport Beach, 1931(1))• During the ensuing thirty-two year period, a number of floods caused the river to deposit large quantities of sand at the point where it discharged onto the ocean beach. The predominant down coast littoral drift during the winter months gradually built up a sand deposit in the form of a peninsula to the southeast. In 1857, the southerly tip of the peninsula was. located easterly of Eighth Sheet and southerly of the channel to Upper Newport Bay. The point of beginning of,the legal description of the patent issued in 1857 by the Federal Government to the San Joaquin Rancho is described as being a point.on the north bank of an inlet about one mile from the Pacific Ocean.. The subject patent -.calls this point Station No. 1 and, it presently would, be�located. in the vicinity of State Highway 1014 and.; Riverside Drive..' -The -patent follows along the northerly shores of said inlet and then. around the shores of what is known today as Upper Newport Bay, to the Pacific Ocean, and thence, southeasterly along the shore of the Pacific Ocean, etc., back to the point of beginning. Old maps desig- nated the Upper Bay area as "San Joaquin Inlet," or "San Joaquin Lagoon..". 2. 3. The easterly boundary line of Rancho Los Bolsas extended southerly from (.� the north bank of the Santa Ana River to the ordinary high tide line of the Pacific Ocean and is located -on the westerly side of the existing Santa Ana River outlet. 4. The southerly boundary line of Rancho Santiago de Santa Ana, lying between Rancho Los Bolsas and'San Joaquin Rancho followed the left bank (northerly bank) of the Santa Ana River to Station No. 120 on said left bank of the river or inlet; thence, the boundary meandered following the inlet along the ordinary high water line to Station No. 1 of Rancho San Joaquin. 5. The largest recorded Santa Ana River flood occurred in 1861. During this t.lood, the Balboa Peninsula was extended to 'I" Street which is about two thousand feet northwest of the existing entrance. This revised ( configuration of Newport Bay is shown on a map entitled "Section 'X', • U. S. Coast Survey, Topography in the Vicinity of Newport Bay, California,"' 1875, Register No. 1392(2). This map also shows the location of the swamp and overflow islands that had formed in the Bay. 6. A report, entitled "Survey of Newport Harbor, California" by the U. S. Engineer's Office, San Francisco, California, February 15, 1888 stated that "....in March of 1887, the entrance channel, was close to the•rocks on the easterly side, with depths of nine to eleven feet at high water...." which refers to the rocky headland at the base of the east jetty which was constructed by the City in 1928. A map, entitled "Bar and Entrance of Newport Lagoon Condition in 1887" is a portion of the Map of Survey s contained in the survey report of 1888(3). The eastward shifting of the entrance was probably due to the major flood of 1884. J. 7. The location of the entrance channel continued to be adjacent to the d�Corona Del Mar rocky headland until the completion of the original west jetty in March of 1918 by the City of Newport'Beach, and dredging of the entrance by the City in 1919 and the County of Orange in 1920-21. v 8. The Santa Ana River continued to discharge into Lower Newport Bay until — January, 1921,•when the County of Orange completed the construction of a new river outlet to the Pacific Ocean at the site of the present outlet, and the construction of "Bitter Point Dam" in the vicinity of 57th Street in Newport Beach. This diversion of the river's outlet to the ocean eliminated further silting of Lower Newport Bay and was a -major factor in the development of this area as the outstanding yachting and recreational harbor on the Pacific Coast. II. MAP OF LOWER NEWPORT BAY 9. A map of Lower Newport Bay has been prepared as shown on: Map No. City of Newport Beach, California Harbor Lines and Ordinary High Tide Lines Lower Newport Bay, California 6 ; Compiled from Official Maps, Superior Court _ = Decrees and Miscellaneous Data ';. R. L. Patterson 4 Civil Engineer, (1068) July 9, 1968 Drawing No. 22-800 10. The basis>of, coordinates shown on Map -No. 1 are derived from a survey of Newport Bay, California, showing Harbor Lines which were adopted by an Act of Congress, July 27, 1916, and approved January 18';: 1917 by the Assistant.Secretary of War(4). 4. lI. Map No. 1 shows swamp and overflowed lands as surveyed in 1889 and 1904; i tideland locations; boundary of the City of Newport Beach as it existed in 1919 when the State granted to Orange County certain tidelands and submerged lands lying outside of the City of Newport Beach; existing harbor lines as established by the Federal Government in 1917, and revised in 1936 and in 1951; ordinary high tide lines established by Superior Court Decrees; and public ownership of frontage on Lower Newport Bay and along the shore line of the Pacific Ocean in the City of Newport Beach. III. SIVAMP AND OVERFLOWED LANDS 12. An Act of Congress, approved September 23, 1850, and entitled "An act to enable the State of Arkansas and other States to reclaim the Swamp and Overflowed Iands within their limit..." provided that all t the "swamp and overflowed lands" made unfit thereby for cultivation within the State of California which remain unsold at passage of said Act, shall be granted to said State. 13. List No. 106, entitled "Swamp and Overflow Lands in Newport Bay" is a, list of swamp and overflowed lands selected as inuring to the State of California, under the provisions of the Act of Congress, approved September 28, 1850 (9 Stat. 519) in the District of Lands subject to sale at Los Angeles, California, containing 1,034.84 acres. The following list describes the parcels, all of which are in the District of Los Angeles, California, San Bernardino Base and Meridian. S. c0 Parts of Sec. Tow. R. Acres Parts of Sec. Tow. R. Acres Sections Sh. 11. Sections Lot 1 19 6 10 10.98 Lot 1 33 6 10 12.51 Lot 1 20 1146.50 Lot 2 33 it If 38.67 Lot 1 23 it. " 17.17 Lot 3 33 it it21-23 Lot 2 23 " 34.93 Lot 4 33 " " 41.61 Lot 1 25 0.72 Lot 1 34 1.42 Lot 1 26 1.67 Lot 2 34 " 43.91 Lot 2 26 " " 49.12 Lot 3 34 " 35 23 Lot 3 26 if IT 7.50 Lot 4 34 " " 41.52 Lot 1 27 If It 26.84 Lot 5 34 56.19 Lot 1 28 it2.26 Lot 1 35 5.51 Lot 2 28 " 36.89 Lot 2 35 If it27'.02 Lot 3 28 it it 40.00 Lot 3 35 " 20.81 Lot 4 28 it " 23.40 Lot 4 35 " 20.74 Lot 5 28 1136.13 Lot 5 35 47.28 Lot 6 28 it32.02 Lot 6 35 45.73 Lot 7 28 If'" 39.84 Lot 7 35 " 21.98 Lot 8 28 If It 13.02 Lot 8 35 " . 38.04 Lot 1 29 " it 31.26 Lot 9 35 21.46 Lot 2 29 in 27.31 Lot 1 36 " 9.58 - Lot 2 36 If it 8.84 TOTAL Swamp and Overflowed Lands in Newport Bay surveyed in 1889 by S. H. Finley, Deputy U. S. Surveyor 1,034.84 General Land Office, Division of Swamp Lands Washington, D. C. July 17, 1902 This certified that the tracts of lands embraced in this list, California Swamp Land List No, 106, containing one thousand thirty-four and eighty- four hundredths (1034.84) acres are represented as swamp and overflowed lands on the plats of survey approved by the U. S. Surveyor General, thus establishing their character as such under the Act of July 23, 1866 (14 Stat. 218) and that the records of this office, including a special report from the District Land Officers at Los Angeles, dated July 7th, 1902, show the tracts to be vacant and free -from conflict with any claim adverse to that of the State. 6. R. L. Levy, Examiner Approved by Edmond Mallet, Chief of Division Department of the Interior General Land Office, Washington, D, C. July 19, 1902 The tracts of land described in this list, California List No. 106, containing one thousand and thirty-four and eighty-four hundredths Y (1034.84) acres, are decided, subject to the approval of the Secretary of the Interior, to be swamp and overflow lands and have inured to the State under the grant. Binger Herman, Commissioner Department of the Interior Office of the Secretary Washington, D. C. July 22, 1902 This list, California Swamp Land List No. 106 containing one thousand and thirty-four and eighty-four hundredths (1034.84) acres, is hereby Approved, subject to any valid adverse rights that may exist to any of the tracts there in described. Thomas Ryan, Acting Secretary State of California Office of the Surveyor General and Register State Lands Office No. 868 ( I hereby certify, that the annexed document is a copy of Swamp and Overflowed Land List No. 106 approved July 22, 1902, under the provi- sions of the Act of Congress, annexed September 28, 1850, on file in my office: that said copy has been compared by me with the original and is a correct transcript therefrom. California State Land Office W. S. Kingsbury Surveyor General and Register State Land Office 14. A survey and map made in 1889 of swamp and overflowed lands in Township 6 South, Range 10 West, by S. H. Finley, Deputy U. S. Surveyor, is shown as )Map No. 2 and consists of two sheets. The original survey by Finley . included certain lands lying between the meander lines of the Santiago de Santa Ana Rancho and the San Joaquin Rancho, whose southerly boundaries extended to the ordinary high tide line of an inlet or bay, and the north bank of the Santa Ana River which were eliminated from the final map, 7. entitled ;,The above map of fractional Township No. 6 South of Range No. 10 West, of San Bernardino Meridian, is strictly'conformable to the Field Notes of Survey thereon on file in this office, as amended under order of — - — - - the Commissioner General Land Office 'E', dated May 22, 1890 and which has - - -- — been approved June 30, 1890 by Surveryor General of California." A copy of said map, together with a copy of said Letter 'E" is shown as Map No. S. The revised field notes of 1889 are on file in the office of the City Engineerl4). 15. A survey and map of swamp and overflowed lands in Sections 1 and 2, Township 7 South, Range 10 West was made by S. H. Finley, Deputy U. S. Surveyor in October, 1904 as shown by Map No. 4. A copy of the S. H. Finley field notes of this survey and map are on file in the office of the City Engineer �5). The meander lines followed the ordinary high tide line in Newport Bay and the Pacific Ocean. 16. A swamp and overflow patent to Lots 1 and,2 in Section 1, and Lot 1 in Section 2, Township 7 South, Range 10 West S.B.B.$M. was granted to Joseph Ferguson, December 5, 1906. Tideland Claim No. 249, in Sections 1 and 2 was granted to.George C. Hager, September 26t 1906, and again on May 21, ' 1921..` All -of tideland Location No. 249 was reclaimed in 1920 and has been. occupied by piiblic.streets and private dwellings for approximately forty-- ever been questioned by an authority. three years, and the title has n Therefore, for -the purposes of this report, based on adjusted traverses, there are 35.099 acres in Section 1, and 2.3.673 acres in'Section 2, or a total of 58.777 acres in said Township 7 South, Range 10 West. Map No. 1 ' shows the conflicting boundary lines of the two above State Grants of tide- land locations No. 249. The field notes of the 1904- survey of S. H. Finley, shows that he followed the ordinary high tide line. The author recall • ' in 1920 that the tides, except at extreme high tides, did not flow in -and out of this lagoon before it was filled with dredged materials: (0 (6 I 17. Areas of swamp and overflowed lands in Township 6 and 7 South, Range 10 Nest, S.B.B.&M. within the boundary of the City of Newport Beach as said boundary existed in 1919 when the State Legislature granted to the County of Orange all tidelands and submerged lands lying outside of the corporate limits of the City of Newport Beach (Statutes 1919,_ page 1138; Chapter 526) are shown in Tables No. 1 and 2 set forth below: TABLE NO. 1 2wam2 and Overflowed Lands in the ityot Newport BeaTi in 1919 (1) Newport Balboa Peninsula T.6.S. 1889 Survey_ Adjusted Traverses Difference Sect. Acres Acres Acres 19 10.98 10.795 - 0.185 20 46.50 46.956 + 0.456 29 58.57 58.816 + 0.246 28 161.77 161.667 - 0.103 33 101.51 101.506 - 0.004 34 97.71 98.735 + 1.025 35 59.50 61.094 + 1.594 36 3.84 9.119 + 0.279 Subtotal 5 5.380 548T7 + 3.308 T.7.S. 1 35.099 35.099 2 23.673 23.673 Subtotal 58.772 58.772 Total 604.152 607.460 + 3.308 I WV (2) Islands in Bay - T.6.S. - R.10.West T.6.S. 1889 Survey Adjusted Traverses Difference Sect. Acres Acres Acres (a) 28 Lot 1 2.26 2.499 28 Lot 4 23.40 23.355 Subtotal 25.66 25.854 + 0.194 (b) Lido Isle 27 Lot 1 26.84 26.870 28 Lot 5 36.13 36.130 33 Lot 1 12.51 12.582 34 Lots 2$4 77.14 77.190 Subtotal 152.62 152.772 + 0.152 (c) Harbor Island 35 Lot 1 1.50 1.500 0.000 (d) Balboa Island 35 Lot 2 to 7 incl. (see par. 17) 188.56 188.623 36 Lot 1 9.58 9.576 Subtotal 198.14 198.199 0.059 Total Area of Islands 377.920 378.325 + 0.405 Total Area of Newport Balboa Peninsula 604.152 607.460 + 3.308 Total 982.072 985.785 - 3.713 Tide Land List No. 108 shows the acreage of Lots 2, 3, 4, 5, 6 and 7 in Section 35 to be 183.56 acres and this corresponds to the area shown on Map No. 3. However, Map No. 2, prepared by S. H. Finley in 1889, showing swamp and overflowed lands with the meander lines and section line, indicates the same area to contain 138.56 acres, which is only 0.063 acres less than the acreage calculated with the adjusted traverse for the same area. The adjusted acreage is shown in Tables 1 and 2. TABLE N0. 2 Summary of Swamo and Overflow Lands in the City of Neiroort Beach in 1919 Location 1889 & 1904 Adjusted Traverses Difference Acres Acres Acres 1. Newport Balboa » Peninsula 604.152 607.460 + 3.308 2. Islands in Bay (a) Sec. 28, Lozs 1 F 4 25.660 25.854 +.0.194 (b) Lido Isle 152.620 152.772 + 0.152 (c) Harbor Island 1.500 1.500 - - - (d) Balboa Island 198.140 198.199' + 0.059 Subtotal of 2. 377.920 378.325 + 0.405 Tctal 982.072 985.785 + 3.713 ( 19. The excess of 3.713 acres as shown by Table No. 2 is primarily due to adjustments of traverses along the Newport -Balboa Peninsula in Sections 34, 35 and 36 which amounted to an increase of 2.898 acres, due to S. H. Finley's re-establishment in 1904 of the corner to Sections 35 and 36, Township 6 South, and Sections 1 and 2, Township 7, South: 20. A study of Finley's field notes of 1889 and the coordinates of the, north- west and southeast corners of Section 35 as shown on map of "Newport Bay, Cal. showing Harbor Lines," U. S. Engineer's Office,, Los Angeles, Calif., 1912, and approved by the Assistant Secretary of War, January 18th, 1917(6) indicates that Finley's 1904 survey reset the said southeast corner about 17.8 feet south and about 1.2 feet east of his 1889 survey. By running y traverses of S. H. Finley's 1889 survey lines which were run from the northwest corner of said Section 35, along the north and east lilies of said verify the• above discrepancies. r section to Balboa Island, it was possible to r fy p 11. IV. TIDELAND LOCATIONS l •, 21. A list of tideland locations in Newport Bay, Township 6 South, Range 10 West is shown on Exhibit No. 1. Only tideland Location No. 267 consisting of Lots 1 and 2, Location No. 268 in Township 6 South and Location No. 249 in Township 7 South are within the 1919 boundary of the City and"are shown on Exhibit No. 1. Tideland Location No. 249 is in Sections 1 and 2, -- Township 7 South, and is discussed in Paragraph 16 herein. 22. All boundaries of tideland locations were surveyed along the low tide line around islands covered with tidewater at ordinary high tide in accordance with the Act of the Legislature concerning State lands, approved March 12, 1872. Patents were issued to Location No. 267 on June 21st,.1907, and to Location No. 268 on July 20th, 1907 subsequent to the incorporation of the City of Newport Beach on September 1, 1906. f" All tideland locations in Lower and Upper -Newport Bay are subject to being dredged out in the interest of commerce and navigation according to Federal law. 23. The City of Newport Beach sent representatives to Washington in September, 1933 to present -a report and plans for the dredging of all of Lower Newport Bay, and to construct extensions to the east and west jetties at the harbor entrance, all at an estimated cost of $1,835,000.00. General Lytle Brown, Chief of Engineers, U. S. Army, who pursuant to the National Recovery Act of 1933, recommended on September 25, 1933, through the Secretary of War, to the Public Woiks Administration that the project be undertaken as proposed by local interests at the • (0 estimated cost of $1,835,000.00 - subject to the conditions that local interests contribute one-half the cost of the improvements, not to exceed $915,000.00, and that they furnish free of cost to the United States, all necessary rights -of -way and disposal areas for the dredged materials. Subsequently, the Orange County Harbor District was formed in December,1933 and voted a bond issue of $640,000.00 for the proposed improvements to Lower Newport Bay. The harbor improvements were started in January of 1935 and completed in April, 1936. 24. Sarah Anne Newcomb instituted a quiet title action against the City of Newport Beach involving the two islands described in tideland Location No. 267, on or about September 28th, 1933; Superior Court Case No. 31344. This lawsuit was filed immediately following the public announce- ment of the approval of the Newport Harbor project by the Chief of Engineers, U. S. Army. The judgment entered October 10, 1934, declared that Newcomb was the owner in fee of tideland Location No. 267, subject to an easement in favor of the right-of-way for navigation and 'fishery, but without any right to any public agency to make any physical changes therein or thereon without the exercise of eminant domain. The judgment further decreed that the City of Newport Beach, a municipal, corporation, has no right, title or interest in or to said parcels of land or any portion thereof, and the said defendant, City of Newport. Beach, its agents, servants, employees and successors and all persons claiming by, through, or under them or either of them., are forever enjoined and debarred from asserting any right, title or interest therein or thereto adversely to the plaintiff. The City appealed to the State Supreme Court in February, 1935 which reversed the decision of the Lower Court in favor of the City of Newport Beach, Cal. 7 (2-d) 13. c0 pages 393-402, September 15, 1936. 25. Sarah Anne Newcomb, on January 15, 1935, while the appeal of the City of Newport Beach in the case of Newcomb vs City of Newport Beach was pending in the Supreme Court of the State of California, procured a court order in the Superior Court of Orange County, commanding Standard Dredging Company to appear in that Court on January 16, 1935 and show cause why it should not be restrained from dredging the land owned, or claimed to be owned, by Sarah Newcomb under the waters of Newport Bay. 26. on January 24, 1935, at the direction of the Attorney General of the United States, the United States Attorney of Southern•California, instituted in the District Court of the United States, United States vs Sarah Ann Newcomb No. 510-C. Eq. seeking an injunction permanently enjoining Mrs. Newcomb from attempting to restrain Standard Dredging Company in the manner aforesaid in the Orange County suit and further seeking permanently to enjoin her taking similar steps against Standard Dredging Company in any State Court. The theory of the U. S. District Attorney was that the land involved lies under navigable waters; that the Government of the United States has the dominant right in navi- gable waters, superior to any private property right, and can deepen the water over the lands without making any compensation whatever as a condition; that the Standard Dredging Company, under contract with the United States for doing the dredging was an agent of the United States and that the Government cannot be sued in any court, particularly a State Court, without its consent.. 27. The Federal Court issued a preliminary injunction which restrained and enjoined Mrs. Newcomb pending the outcome of the trial of the Government 14. action in the Federal Court from taking any further steps whatever in t the State Court against the dredging company; subsequently, on February 1S, 1935, the Court issued an order restraining the Standard Dredging Company, pendente lite, from doing any excavation or digging on the land in question. The Government attorney secured a temporary removal of the injunction but thereafter on February 19th, another similar injunction was issued by the Court, restraining the Standard Dredging Company in the same manner. The U. S. District Attorney at once submitted a motion and written briefs in an open hearing. The City Attorney, County Attorney and I appeared and cooperated with the U. S. District Attorney. The Court, on February 26, 1935 ordered that the Standard Dredging Company could proceed with the dredging only upon the condition that they place with the Court a $25,000.00 bond as indemnity against any compensation damage which, at the pending trial, the Court might rule Mrs. Newcomb had sustained. The bond was put up and the Standard Dredging Company proceeded with the dredging of the area of Mrs. Newcomb's tideland claim. 28. The District Court subsequently ruled against Mrs. Newcomb and she appealed to the Ninth Circuit Court, which upheld the decision of the Lower Court. Mrs. Newcomb then appealed to the United States Supreme Court,.which in December, 1938 also upheld the decisions of the Lower Courts, thereby ending the litigation in favor of the City of Newport Beach, after four years of litigation. 29. The history of the Court litigations of Newcomb vs City of Newport Beach is described at length herein, as I believe it affects all tideland loca- tions in the navigable waters of Newport Bay, except Tideland Location No. 249 discussed in paragraph 16 herein. 15. l • V. CITY OF NEt9PORT BEACH BOUNDARY - 1919 _30. The boundary.line of the City of Newport Beach as it existed in 1919 _ . at the time of the State Grant of 1919 to the County of Orange to all that portion of the tidelands, and submerged lands bordering upon and under Newport Bay in said county lying outside of the corporate limits of the City of Newport Beach, with modification thereof, as described in Superior Court Decrees establishing the ordinary high tide lines is shown on Map No. 1. 31. The City of Newport was incorporated September 1, 1906. The original City boundary as described in Ordinance No. 1 adopted by the City Council on September llth, 1906 is described as follows: Ca mnencing at the point of intersection of the East boundary of the Rancho Los Bolsas with the North bank of the Santa Ana River, in Orange County, Cali- fornia, the said point being between Stations sixty- seven (67) and sixty-eight (69) of said boundary; thence Easterly and Southeasterly, along the North Bank of said River 3-1/2 miles, more or less, to a point 16 chains South 45 deg. west of the common corner to Sections 26, 27, 34, and 35, Township 6 South, .Range 10 West, San Bernardino Base and Meridian; thence Southeasterly along the center of the main channel of Newport Bay, to its outlet into the Pacific Ocean; thence South 20 deg. West to a 16. (• point 3 miles into the Pacific Ocean; thence Nomhwesterly, parallel to and 3 miles from the shore of the Pacific Ocean to a point South 34 deg. west of Station 67 of the Los Bolsas boundary line; thence North 34 deg. East to said Station 67; thence along the said boundary line North 15 deg. 30' East, to the place of beginning; all being in the County of Orange, State of California. 32. Annexations to the City of Newport Beach Prior to 1919: (a) Balboa Island - Resolution No.'52, July 3, 1916 The area annexed was bounded on the north and northeasterly sides by the patent lire between Stations No. 72 and No. 78 of the San Joaquin Rancho. (b) Newport Heights - Area northwest of Irvine Avenue and south- westerly of Fifteenth Street, February 26, 1917. 33. All of the area lying northwesterly of the southeasterly line of Summit Street, and the northeasterly and southwesterly prolongations of said southeasterly line was excluded December 31, 1917 by the City1. Council. The purpose of this exclusion was to allow the County of Orange to acquire certain lands for the purpose of constructing a new Santa Ana. River 'outlet to the Pacific Ocean. The new river outlet was opened January 1, 1921, following the completion of "Bitter Point Dam" in the vicinity of'57th Street. 34. The northerly City boundary line of 1919, along the northerly and northeasterly bank of the Santa Ana River, extending easterly from 17. Summit Street to the State Highway in the vicinity of 57th Street was first surveyed by the City Engineer in 1921. The boundary followed the ordinary high tide line of the Pacific Ocean in Newport Bay. This portion of the City boundary was re-established easterly to the westerly terminus of the "North Bank of the Santa Ana River and the ordinary high tide'line of the Pacific Ocean in Newport Bay" as it is described in Superior Court Case No. 23686, Official Records of Orange County, California, Book 201, Page 253, and as shown by the map Recorded July 18, 1963 in Book 65, Page 31 of Records of Surveys of said Orange County. The City boundary, pursuant to said Court Decree, followed the said North Bank and ordinary high tide line of the Pacific Ocean in Newport to the westerly line of former Central Avenue, 60 feet in width. From this point, the boundary line extended northerly along the said westerly line of Central Avenue; thence northeasterly to the easterly • line of said Central Avenue, Superior Court Case No. 42224; thence northerly along -said easterly line of Central Avenue to the original City boundary line along the North Bank of the Santa Ana River; thence around the Newport Heights area, annexed in 1917, to the point of inter- section of the southwesterly prolongation of the centerline of Irvine Avenue to an intersection with the -original City boundary along the North Bank of the Santa Ana River or inlet to the Bay; thence southeasterly as described in Ordinance No. 1 and the Balboa Island area, annexed to the City July 3, 1916, as described in Resolution No. 52, adopted May 16, 1916 calling an election, and the original City boundary along the center line of the entrance channel to Newport Bay to the Pacific Ocean. �g VI. ESTABLISP4ENT OF HARBOR LINES BY THE FEDERAL GOVERMIV1 NT s . 35. The City of Newport Beach requested Congress to make a preliminary examination and survey of Newport Harbor, which was authorized 'by the River and Harbor Act, approved February 27, 1911. On August 8th, 1911, Mr. Lew H. Wallace appeared before the Board of Harbor Engineers for. Rivers and Harbors and stated, in behalf of the City, that the develop- ment of the port would,be undertaken by the City through an issue of bonds and individual subscriptions; all that was asked, at that time, of the Federal Government was the making of a survey for establishment of suitable harbor lines upon which their plans could be based. 36. The survey of Newport Bay was made by Mr. D. E. Hughes, Assistant U. S. Engineer, during August, September and October, 1912. The District Engineer held a public hearing at Newport Beach on December 3, 1912. The portion of the proposed harbor lines in the Upper Bay area lying . northerly of Harbor Island were eliminated at the request of the Irvine Ranch Company. The report on preliminary examination and survey of Newport Harbor, California of April 28, 1913 by the Chief of Engineers, War Department concluded ..."that the improvement by the United States of Newport Harbor, California is not deemed advisable at the present time." (Docunent No. 42, 63d, Congress, 1st Session). The establishment of harbor lines was not included in this report. 37. The City, in 1916, secured the establishment of harbor lines in Lower Newport Bay by an Act of Congress on July 27, 1916; the only case where definite harbor lines have been laid down by Federal legislation. The original harbor, lines are shown on a map "Newport Bay, Cal. Showing Harbor Lines, U. S. Engineer's Office, Los Angeles, Cal." accompanying l 19. report of March 25, 1913 and approved by the War Department, January 18, t 1917 In 1925 Congress added an amendment to the Rivers Harbor. • Act which permitted the Secretary of War to change the lines at his - - - discretion. — - - -- 38. The Newport Bay harbor lines were revised by the Secretary of War on May 2, 1936(7) following the completion of the improvements to Lower Newport Bay by the Federal Government and the Orange County Harbor District. The existing harbor lines in Lower Newport Bay were re; approved by the Secretary of the Awry on February 15, 1951(8). 20. VII. STATE GMNTS OF TIDELANDS ' • AND SUBMERGED LANDS TO THE CITY OF iNESVPORT BEACH AND THE COUNTY OF ORANGE A. CITY GRANT OF 1919 (Statutes 1919, Page 1011, Chapter 494) An Act granting certain tidelands and submerged lands of the State of Cali= fornia 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 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 tide- lands 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 Loon 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 brealaaaters 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, 21. (0 a structures and appliances necessary or convenient for the promotion or accommo- darion 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 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 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. 22. B. ACT OF 1919 IN 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 pipe lines and conduits, and to go upon said public lands to construct and maintain the same. • 23. C. CO= GRANT OF 1919 (Statutes 1919, Page 1138, Chapter 526) _ An Act granting certain tidelands and submerged lands of the State of Cali- fornia to the County of Orange in said State 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 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 sovereignty 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 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 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 24. said County 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 zanich 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 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 Li 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 land for said purpose is hereby reserved to the People of the State of California. 25. ( A. ACF OF 1925 IN RE. LEASING • (Statutes 1925, Page 269, Chapter 121) An Act providing for the leasing of tide and submerged lands of the State of California filled in through dredging 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 subdivisions 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 autho- rized 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. P 26. E. CITY GRANT OF 1927 • (Statutes 1927, Page 125, Chapter 70} An Act granting certain tidelands and submerged lands of the State of Cali- fornis to the City of Newport Beach upon certain trusts and conditions. (Approved by the Governor April 5, 1927. In effect July 29, 1927). The PeODle 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 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 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 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 accomodation 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 27. 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 limited periods, in any event not to exceed twenty-five years for any and all purposes which shall not interfere with commerce or navi= gation 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 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 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 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. 0 28. F. ACT OF 1929 CONFIRMING COURT DECREES (Statutes 1929, Page 274, Chapter 142) An Act to establish the line of ordinary high tide in certain parts of Newport Bay in Orange County, California, in conformity with and to confirm certain decrees of the Superior Court of the State of California, in and for the County of Orange, establishing said line of ordinary high tide and to confirm the grants of tidelands heretofore made to the City of Newport Beach. (Approved by the Governor April 20, 1929. In effect August 14, 1929). 1VHERE.AS, 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 o£ its sovereignty, in and to certain of the tidelands 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 * EREAS, at the time of the said grants, the line or ordinary high tide of the Pacific Ocean in said Bay had not been established; and 1VHEREAS, 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 seventy-nine (23679); twenty-three thousand six hundred eighty-one (23681); twenty-three thousand sic hundred eighty-two (25682); 29. 1 Is (9 twenty-three thousand six hundred eighty-three (23683); twenty-three thousand siK hundred eight -five (2368S); twenty-three thousand six hundred eighty-six (23686); twenty-three thousand six hundred eighty-seven (23687); twenty-three - -thousand six hundred eighty-eight (23688); 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 .(24089); twenty-four thousand and ninety (24090); twenty-four thousand and ninety-one (24091); 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 '&IEREAS, 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 further declared that the grants of tidelands heretofore made by the State of California to the City of Newport Beach included all tidelands, 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. 30. G. ACT OF 1929 1WENDING CITY GRkN7f OF 1919 t 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 y California. (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. The City of Newport Beach and its successors is hereby authorized to grant franchises for a period not exceeding fifty years for wharves and other public uses and purposes and to lease for a period not exceeding fifty years for purposes consistent with the trust upon which tide- lands 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 provisions of an Act entitled, "An Act Granting Certain Tidelands and Submerged Lands of the State of Cali- fornia to the City of Newport 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 franchises and leases, contained in either of said Acts, to the contrary notwithstanding, 31. H. ACT OF 1929 AMENDING COUNTrY GRANT OF 1919 (Statutes 1929, Page 974, Chapter 575) An Act to amend Section 1 of an Act entitled, "AT Act Granting Certain Tide- - -_ _ _ __ . lands 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 1 of an Act entitled, "An Act Granting Certain Tide- lands 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: r u 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 sovereignty 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 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 its harbor and for the construction, maintenance and 32. operation thereon of wharves, docks, piers, slips, quays, ways and streets and other utilities, structures and appliances necessary or convenient for the promotion or accomodation 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 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 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 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 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. 33. (0 9 I. CITY GRANT OF 1929 (Statutes 1929, Pale 1704, 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. (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 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 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 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 34. 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 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 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 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 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 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. 35. J. ABANDONMENT OF CHANNEL (Statutes 1953, Page 2585, Chapter 1096) An Act declaring certain lands in the City of Newport Beach, County of "Orange, free from the public trust for navigation and fisheries and declaring same to be free from certain trusts, uses and conditions. (Approved by the Governor June 9, 1953. Filed with Secretary of State, June 10, 1953). The People of the State of California do enact as follows: SECTION 1. 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 navigation 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, trust and Y 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 established 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 19, 1928 in Book 201, Page 253, Official Records of Orange County, California; said point also being in the former Southerly line of the California State Highway, having a'width of 80 feet and lying 40 feet Southerly of Engineer's Station 683 + 40.95 on the centerline of said State Highway and said point also 36. bears South 5°55118" East 1113.01 feet from the Northwest corner of the t' Northeast one -quarter of Section 29, Township 6 South, Range '10 I9est, S.B.B.yi4.; thence Easterly along said ''North Line," South 60'19150" East, a distance of 577.07 feet; thence South 66044118" East, a distance of 584.64 feet; thence South SP 28'28" East, a distance of 1,085.28 feet; thence South 74°17'11" East, a distance of 881.65 feet; thence South 37015130" 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 Miscellaneous ?Taps, 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. 23636; thence Northwesterly along said "South Line," North 3701S'30" 'Jest, 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 feet; thence North 66°44'18" 1'lest, a distance of 584.00 feet; thence North 60019' S0" West, a distance of 673.69 feet to a point in the aforementioned former Southerly line of Cali- fornia 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. 37. VIII. ORDINARY HIGH TIDE LINE IN NEWPORT BAY 39. The elevation of 4.6 above mean lower water, U. S. Coast and Geodetic Survey datum has been used in establishing 'the ordinary high tide line of the Pacific Ocean in Upper and Lower Newport Bay since 1875. 40. The U. S. Coast Survey of 1875 found that in the state of nature, before any dredging in Newport Bay or jetty construction, the average of all high tides was 4.6 above mean lower low water at "Old Newport Landing" which was perpetuated by a bench mark on a boulder buried there in 1875 and discovered in 1912 by the U. S. Engineers and designated Station No. 59, as shown on map of Newport Bay showing harbor lines(6). (Exhibit No. 2, paragraph 35, and Exhibit No. 4, Page 42). The elevation of the boulder was 9.46 feet above mean lower low water. This bench mark was used by the U. S. Engineers in their 1912 surveys and by the County of Orange in 1920 in connection with harbor improvements in Lower Newport Bay. The bench mark was destroyed due to the State Highway construction since 1924. 41. The interpretation of the "mean high tide line" by the State Lands Division place's the elevation of said line at 4.60, as shown by Exhibit No. 3. 38. • IX. ORDIkkRY HIGH TIDE LINES ESTABLISHED IN NEWPORT BAY AND ALONG THE SHORE LIME OF THE PACIFIC OCEAN BY DECREES OF THE SUPERIOR COURT County vs Irvine Co. (also Recorded OF ORANGE COUNTY, CALIFORNIA CASE NO. RECORDED BOOK PAGE (1) UPPER and LOWER NEWPORT BAY M 20436 J.B. 19 309 5-6-1926 D.B. 651 72 - 5-6-1926) NOTE "A": The City of Newport Beach was not made a part to this court case. See City vs Irvine Co. & Orange County S.C.C. 24026, O.R. 199-277, 9-19-1928 and S.C.C. 59376, O.R. 2414-591, 11-21-1952. (2) LOWER NEWPORT BAY SUPERIOR CO i MED BY ETA= 1 age Z72F, Chapter 142 City of Newport Beach vs: o. 1. Newport Bay Inv. etal 23678 O.R. 183 475 8-14-1928 2. 1st Nat. Bank etal 23679 O.R. 215 160 11-9-1928 3. Bay Island Corp. etal 24090 J.B. 22 466 8-22-1923 NOTE "B": S.C.C. No. 24090 was also Recorded as,S.C.C. No. 24080, O.R. 203-95, 9-19-1928. s"A. F.W. Potter etal 24091 O.R. 218 240 11-17-1928 3B. Roy Russell etal 24089 O.R. 199 277 9-19-1928 4. Pac. Elec. Land Co. etal 23681 O.R. 188 192 8-14-1928 S. Newport Co, etal 23682 O.R. 191 296 8-14-1928 6A. Edna R. Story etal 23683 O.R. 171 237 7-12-1928 7. Newport Dredging Co. etal 23685 O.R. 167 194 5-29-1928 8. Or. Co. Impr. Assn, etal 23686 O.R. 201 253 9-19-1928 9. Lew H. Wallace etal 23687 O.R. 199 273 9-19-1928 10. b Irvine Co. etal 23688 O.R. 135 363 9-14-1928 NOTE "C": S.C.C. 40024, O.R. 1141-353, 4-3-1942 're-established the ordinary high tide line per Decree No. 23688 from a point South 40*00' East 153.83 feet of U. S. Bulkhead Station No. 104 because the County of Orange was not made a party to Case No. 23688. 39. (0 RECORDED CASE I10. BOOn PACE DATE 11. Irvine 8, County of Orange 24026 O.R. 199 275 9-19-1928 A: Title Ins. & Trust Co, etal 23689 O.R. 161 470 5-29-1928 B. J. A. Beek etal 23690 O.R. 181 162 7-12-1928 NOTE "D": The County of Orange was not made a party in this case, although a major portion of Harbor Island was outside the City Boundary in 1919 at the time of the State Grant of tidelands to Orange County. C. Balboa Holding Co.etal 23691 O.R. 179 239 7-12-1928 D. Bulah M. Giddings etal 23692 O.R. 217 306 11-20-1928 NOTE "E": The line number shown above designates the location of the Decrees as shown on a map entitled: City of Newport Beach, California Map showing lines of Mean High Tide of the Pacific Ocean in Newport Bay. Consisting of eight sheets numbered consecutively from Sheet No. 1 to Sheet No. 8 both inclusive. January 1928 Scales as noted PAUL E. KRESSLEY City Engineer Designated "Plaintiff's Exhibit #1" Superior Court Cases 23679, 23682. Establishing Ordinary High Tide Lines in 1928 City Engineer File No. 71-108(9) (3) LOWER NEWPORT BAY - OTHER DECREES City & American Legion vs Isabelle Eastlack Haynie etal, Jud. Quiet Title 34455 Volney E. & Ruby E. Hays vs City, Dec. of Quiet Title 39861 O.R. 859 132 12-18-1936 O.R. 1107 385 9-11-1941 Harry W. Stevens etal vs City, Dec. of Quiet Title 40434 O.R. 1145 172 4-17-1942 County vs Shirley H. Willits etal *includes City of Npt. Beach* 40024 O.R. 1141 353 4-3-1942 judgment NOTE "F': S.C.C. Decree 40024 follows the ordinary high tide line as described in Decree No. 23683 from a point South 40000' East 153.83 feet from U. S. Bulkhead Station No- 104 40. RECORDED CASE NO. BOOK PAGE ,DATE City vs McKee Quiet Title 42224 Filed 11-23-1943 (Involved 60 foot R/W of former Central Avenue lying North of Santa Ana River. This court action was taken off calendar 9-22-1944). City of Npt. Beach vs Orange County 59376 O.R. 2414 591 11 21-1952 NOTE "G": Also see S.C. Cases 20436, J.B. 19-309, 5-6-1926 and S.C.C. 23687, O.R. 199-273, 9-19-1928. City vs Newport Bay Dredging Co. and State etal 139575 (4) ALONG THE OCEANFRONT West of "F" St. Wyatt vs City 46428 Balboa Inn vs City 70235 Agreement between Cizy, State and Miriam Bloich East of "F" St. rackrrriman vs City (. 73012 O.R. 7967 13 6-21-1966 J.B. 41 159 4-23-1947 J.B. 79 303 3-28-1961 O.R. 7403 822 2-4-1965 O.R. 6034 441 3-9-1962 - 41. A. SUPERIOR COURT DECREES _ a2. Suoerior Court Case No. 20436 - County of Orange vs the Irvine Company, decreed May 6, 1926 as .follows: That the County of Orange is the owner as the successor in interest of the State of California under grant from the Legislature of the State of California, by an Act approved May 20, 1919 of title and interest of the State in all that portion of the tide and submerged lands of Newport Bay in the County of Orange, State of California which are outside of the corporate limits of the City of ,Newport Beach, to be forever held in trust for the express purposes, uses and upon the express trusts set out in said Granting Act." The description of said tidelands and submerged lands "...commences at Station No. 1, at the point of intersection of the northerly boundary line of the City of Newport Beach with the U. S. Bulkhead line, between Stations No. 101 and No. 102,---; thence North 550001 West along said. bulkhead line extending between Bulkhead Stations No. 101 and No. 102, 380 feet, more or less, to Bulkhead Station No. 101, same being Station No. 2 of the line herein described; thence West along the bulkhead line extending from U. S. Bulkhead Station No. 101 to U. S. Bulkhead Station No. 100, 304.40 feet to Station No. 3 of the line herein described; thence continuing West, along said bulkhead line, 295.00 feet to Station No. 5 of the line herein described; thence leaving said bulkhead line, North 140 feet to Station No. 6; thence North 75°02'00" West, 823.71 feet to Station No. 7; thence North 85043'00" West 1569.62 feet to Station No. 8; thence North 71*54100" West, 1573.20 feet to Station No. 9;from which 42. station the common comer to Sections 26, 27, 34 and 35 in Ta.nmship 6 • South, Range 10 Nest, San Bernardino Base and Meridian bears North 21°24''00" East 1470.00 feet;" thence the description continued around the lower and upper Newport Bay to Station No. 129, said Station being identical with U. S. Bulkhead Station No. 130) "thence North 61*00, West along the bulkhead line extending from U. S. Bulkhead Station No. 130 to U. S. Bulkhead Station 129, 1800.00 feet to Station No. 130 0£ the line herein described; thence North 29000" East 632.07 feet to Station No. 131, said Station No. 131 being in the Southerly line of the eighty (80) foot right-of-way of the California Highway at a point which bears South 1°36'30" Nest 40.00 feet from Engineer's Station 23 + 12.35 of the centerline of said 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, 1923 and on file in the office of the said California Highway Commission; thence Westerly, along said Southerly line of the eighty (80) foot right-of-way of the California State Highway to an intersection with the boundary line of the City of Newport Beach; thence Southwesterly and in a general Southeasterly direction following said boundary line of the City of Newport Beach to a point due South of Station No. 4 herein described; thence North to said Station No. 4; thence East 250.00 feet to Station No. 3 herein described; thence South to an angle point in the boundary line of the City of Newport Beach; thence along said boundary line of the City of Newport Beach to Station No. 1 of the line herein described, and the Point of Beginning; Excepting islands in said Bay, and also Excepting all that portion of said tidelands hereinabove described which are covered by Location No. 204 ;0 43. of State Tidelands of Orange County in T.6,S., R.lO,W., San Bernardino Meridian, and situated in Sections 13, 14, 23 and 24 which are particu- larly described as follows..." 43. The foregoing description does not mention the "ordinary high tide line of the Pacific Ocean in Newport Bay." Mr. W. K. Hillyard, County Surveyor, who made the Upper Bay survey in 1924; advised me about 1930 that his survey followed the ordinary high tide line at 4.60 feet above mean lower low water, from Station No. 1 to Station No. 130 of said description. The boundary line of the City of Newport Beach referred to in the description follows the boundary line as it existed in 1924, after an election favored exclusion of certain areas from the City and by Minute Motion adopted December 15, 1924 by the City Council of Newport Beach. 44. Superior Court Case No. 24026, City of Newport Beach vs the Irvine Company and the County of Orange, August 22, 1928 which altered Decree No. 204.36, decreed as follows: I. That the defendant, The Irvine Company, a corppration, is the owner of that certain land situated in the County of Orange, State of California, more particularly described as follows, to -wit: Those certain lands situated in the County of Orange, State of California, more particularly described as follows, to -wit: That portion of Block 94 Irvine Subdivision as shown on Map recorded in Book 1, page 88, Miscellaneous Maps, Records of Orange County, California, which lies, southerly of the 44. boundary line of the City of Newport Beach, as the same • existed on the 25th day of IN -lay, 1919, as hereinafter described, and northerly of the line of ordinary high tide of the Pacific Ocean in Newport Bay as hereinafter more particularly described. and the court -further finds that the said Plaintiff, the City of Newport Beach, and the defendant, The County of Orange, have not, nor have either of them, any right, title or interest in or to said lands. II. It is hereby ordered, adjudged and decreed that the line of ordinary high tide of the Pacific Ocean in Newport Bay bordering the lands hereinabove described as belonging to -the defendant, the Irvine Company, is more particularly I,� described as follows, to -wit: Beginning at a point, which point is South 71°38'04" East, a distance of 5087.53 feet from the common corner of Sections 26, 27, 34 and 35, T.6S., R.10W., S.B.B.FM.; thence North 55' West, a distance of 359.28 feet to a.point-; thence due West a distance of 1823.81 feet to a point; thence North 35*30' West, a distance of 132.77 feet to a point; thence North 79*30' West, a distance of 425 feet to a point; thence North 74030' West, a distance of 294.30 feet to a point; thence North 82030' West, a distance of 301.06 feet to a point; thence North 84' west a distance of 160 feet to a point; thence South 57' West, a distance of 100 feet to a point; thence South 32'52' East, a distance of 276.57 feet to a point; thence ti 45. �.� due }Vest a distance of 384.25 feet to a point; thence North 39*48' West, a distance of 685.81 feet to a point; thence North 23°57'30" East, a distance of 138.90 feet to _ a point, which last mentioned point is South 45"41'20" east, a distance of 1063.73 feet from the above mentioned common y corner of Sections 26, 27, 34 and 35. III. It is hereby further ordered, adjudged and decreed that the . City boundary line of the City of Newport Beach, as the same existed on the 25th clay of May, 1919, is more particularly described as follows, to -wit: Beginning at a point, which point is the following courses and distances from the corner common to Sections 26, 27, 34 b and 35; T.6S., R.10W., S.B.B.&M.; South 71038'04" East, a �.• distance of 5087.53 feet and South 88°29'10" East, a distance of 317.87 feet to the true point of beginning, said point is also known as "Irvine Rancho Station No. 76"; thence North 64°30' West 1551 feet; thence North 87*00' West 1122 feet; thence North 73*30' West 330 feet; thence North 60000' West 1419.00 feet to a point, which point is also known as "Irvine Rancho Station No. 72"; thence continuing along said boundary line South 23°57'30" West to'a point in the northerly boundary line of the City of Newport Beach as said boundary line existed from May 15th, 1916, to August 8th, 1924-, which last mentioned ' point is 378 feet southeasterly from the section line between said sections 34 and 35 measured along said Northerly boundary line. 4'6. i • • • And it is further ordered adjudged and decreed that the said County of Orange, by the grant to it from the said State of California, of.date the 25th day of May, 1919, acquired no right, title ,or interest in or to any tide- . lands 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. Iv. It is hereby ordered, adjudged and decreed•that the said City of Newport Beach, -the plaintiff herein, is the owner of all tidelands and submerged lands contiguous to and abutting the lands hereinabove described as belonging to the defendant The Irvine Company, which tidelands and submerged lands have as a portion of their exterior boundary line the line 6f ordinary high tide of the Pacific Ocean in Newport Bay which line of ordinary high tide is more particularly described in paragraph II hereof and that. the defendant, The Irvine Company, and the defendant, The County of Orange, have not nor have any of them any right, title, interest or estate in or to said tidelands or submerged lands. Done in open court this 22nd day of August, 1928. E. J. Marks Judge of the Superior Court. 47. 45. _Superior Court Case No. 24026 established the ordinary high tide line • which was validated by the Act of 1929 confirming Court Decrees, Statutes 1929, Page 274, Chapter 142 as shown on Pages 28 and 29 hereof. Paragraph III of the decree describes the City boundary line as same existed on the 25th day of May, 1919 and decreed that the County of Orange by the State Grant of May 25,.1919, page 23 herein, 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. This Decree changed the location of the ordinary high tide line in Seczion 34, T.6,S., R.10,W. as described in Court Case No. 20436, County of Orange vs the Irvine Company. 46. Superior Court Case No. 59376, City of Newport Beach vs County of Orange. Decree of Quiet Title, November 21, 1952, altered the title to a portion _ l• of the tidelands and submerged lands as described by Court Decree of Case No. 20436, lying Westerly of the line between Station No. 130 and Station No. 131 of the last-mentioned decree and the Southerly 350.00-feet extension of said line, and the City boundary line, being the Southwesterly prolongation of the centerline of Irvine Avenue from the Southerly line of the State Highway, 80.00 feet in width, as described in said Decree No. 20436, and extending to a line 350.00 feet Southerly and measured at right angles to U. S. Bulkhead line between Station No. 129 and Station No. 130. 47. The City of Newport Beach and the County of Orange entered into a written stipulation for judgment, dated November 21, 1952 with the consent of the State Division of Lands, State of California. The Court decreed: 48. 1. That by virtue of the State Grants to the City of Newport Beach, approved April 5, 1927 (pages 26 and 27 herein) and as amended • May 29, 1929 (page 30 herein), the City of Newport Beach was the owner of the Easterly 1574.84 feet of the 2274.84 feet measured along the U. S. Bulkhead line, Westerly of Station No. 130 of said Superior Court Case No. 20436 (lying between the Southerly line of the 80-foot California State Highway, and a line 350-feet Southerly of said U. S. Bulkhead line). 2. That by virtue of the State Grant to the County of Orange, approved May 29, 1919 (pages 23 and 24 herein) and as amended May 29, 1929 (pages 31 and 32 herein), the County of Orange was the owner of the Westerly 700-feet of the 2274.84 feet measured along the U. S. Bulkhead line, Westerly of Station No. 130 of said Superior Court Decree No. 20436 (lying between the Southerly line of the 80-foot t California State Highway, and a line 350-feet Southerly of said • U. S. Bulkhead lire). 48. Map No. 6, prepared by R. L. Patterson, Civil Engineer, on December 5, 1952, subsequent to the Decree of November 21, 1952 in Superior Court Case No. 59376, shows the areas belonging to the City of Newport Beach and the County of Orange between the Southerly line of the original California State Highway, 80.00 feet in width, and a line parallel with and 350-feet Southerly of the U. S. Bulkhead line between Station 129 and Station No. 130. (a) The Southerly line of the Court Decree coincides with the Northerly boundary line of the City of Newport Beach as it existed on December 15th, 1924 after exclusion of certain areas from said City. 48.A (0 (0 b The Court Decree does not mention the boundary line of the City of Newport Beach as said boundary line existed on the 25th day of May, 1919 when the State granted certain tidelands and submerged lands to the County of Orange (see Para. 44, I, II and III; S.C.C. No. 24026; and Exhibit No. 5). (b) The landward boundary line described in Paragraph 48(a) in the stipulated judgment, Superior Court Case No. 59376, coincides with the Southerly line of the eighty (80) foot right-of-way of the California State Highway as described in Superior Court Case No. 20436, County of Orange versus the Irvine Company (page 41 herein), and the Southerly line of said Case No. 59376 follows a line which coincides with the 1924 City boundary line, after exclusion of certain areas from the City lying Northerly of Lido Isle and Balboa Island. (c) The stipulated judgment in Case No. 59376 (by using the 1924 City boundary line) is in conflict with the Court Decree in Case No. 24026 (Paragraph 44) which used the 1919 boundary line of the City of Newport Beach. The County and the Irvine Company were defendants in Case No. 24026. (d) The confusion was brought about in 1924 when the City was requested by the Committee of Fifty for Greater Orange County ,Harbor, Exhibit No. 4, and the Irvine Company to exclude certain tidelands and submerged lands from the City in order for the County to make certain harbor improvements and control certain water frontage for commercial development. The City leaders agreed to the exclusion as they were primarily interested in commercial development of the bay at that time. 48.B (e) The County of Orange held a $1,200,000.00 harbor bond election on ,0 (• June 10, 1926, which was defeated, and then held a $650,000.00 bond election on December 14, 1926 which was also defeated. The Newport Beach harbor boosters then decided to go it alone and proposed a $500,000.00 bond issue to repair and extend the west jetty and contraction of the original concrete section of the east jetty. The Board of Supervisors on December 21, 1926 adopted a resolution ordering the execution of a deed for certain lands lying Northerly of Lido Isle excluded from the City on December 16, 1924 with the understanding that the deed would be delivered to the City providing the City bond election was successful. The voters of the City approved the bond issue of $500,000.00 on February 14, 1927 and the improvements were completed in June, 1928 (Exhibit No. 5, pages 14 and 15) . (f) For the purpose of this report and in accordance with the Judgment of Superior Court Case No. 59376, the County of Orange owns 1.727 acres of filled tidelands between the Southerly line of the original eighty (80) foot right-of-way of the California State Highway and the U. S. Bulkhead Line, and 5.892 acres of tidelands and submerged lands Southerly of said bulkhead line, and the City of Newport Beach owns 12.945 acres of filled tidelands between the said Southerly line of the 80-foot State Highway and the U. S. Bulkhead line, and 12.654 acres of tidelands and submerged lands. imp i • 49. Superior Court Case No. 23688, City of Newport Beach vs the Irvine Company etal, Decree of July 30, 1928, established the ordinary high tide line of the Pacific Ocean in Newport Bay along the mainland easterly of Balboa Island and southeasterly along the easterly side of the entrance to Newport Bay to the Pacific Ocean, described as follows, to -wit: It is further ordered, adjudged and decreed that the line of ordinary high tide of the Pacific Ocean in Newport Bay bordering the lands above described belonging to the respective defendants, is more particularly described as follows, to wit: Beginning at a point, which point is South 71°38'04" East, a distance of 5087.53 feet from the common corner of Sections 26, 27, 34 and 35, T.6S., R.10W., S.B.B.$M., thence from said point of beginning.South 55' East 234.72 feet to a point; thence South 300 East 998.00 feet to a point; thence South 17°30' East 755.00 feet to a point; thence South 400 East, 1590.80 feet to a point; thence Southeasterly around a circular curve with a radius of 1000.00 feet, concave to the southwest, a distance of 637.43 feet to a point; thence southerly and southwesterly around a circular curve, with a radius of 350.00 feet, concave to the west, a distance of 403.40 feet, to a point; thence southwesterly, southerly and southeasterly around a circular curve with a radius of 170.00 feet, concave to the east, a distance of 231.48 feet to a point; thence South 34*58135" East, 179.49 feet to a point; thence South 19002'30" East, 302.62 feet to a point; thence 50. South 6047'49" East, 900.22 feet to a point and which point is • South 52°32'40" East, a distance of 2680.44 feet from the common corner of Sections 35 and 36, T.6S., MOW,, and Sections 1 and 2, T.7S. , R.191V. , S.B.S. &.2\4. 50. The southerly portion of the Decree line in Case No. 23688 was in error as the City boundary line was located along the centerline of the entrance channel to.Newport Bay at the time of the State Grant of 1919, granting tidelands and submerged lands in Newport Bay to the County of Orange which were outside the corporate limits of the City of Newport Beach. The County of Orange was not included as a defendant in the above Case No. 23688. 51. Superior Court Case No. 40024, County of Orange vs Willets etal, included the City of Newport Beach as a defendant, Decree of April 3, 1942, established the ordinary high tide line in the same location as c�in Superior Court Case No. 23638 --- commencing at a point South 40°00' East, 135.83 feet from U. S. Bulldiead Station No. 104; thence South 40000' East, 1454.91 feet; thence southeasterly to the Pacific Ocean. The Court further decreed in effect that the County of Orange by virtue of the State Grant of May 25, 1919 to the County of Orange was the owner of all tidelands and submerged lands lying between said described ordinary high tide line and the boundary line of the City of Newport Beach, being the centerline of the entrance channel to Newport Bay as said entrance channel existed in a state of nature, undisturbed by construction of jetties or dredging, of the entrance channel, and extending Northwesterly to a point South 17°30' East 200'.00 feet from the southeast corner of Balboa Island; thence northeasterly to the Point of Beginning. 51. B. SUPERIOR COURT DECREES ESTABLISHING THE ORDINARY HIGH • TIDE LINES ALONG THE i,VUNLAI'D BETWEEN THE SOUTHWIESTERLY PROLONGATION OF THE CENTERLINE OF IRVINE AVENUE PaND THE STATE HIGHWAY BETWEEN THE NORTHEASTERLY PROLONGATION OF 57th AND 58th STREET 52, Superior Court Case No.'23687, City of Newport Beach vs Lew H. - Wallace etal, Decree of July 2, 1928 established the ordinary high tide line of the- Pacific Ocean in Newport Bay along the U. S. Bulkhead line between the southwesterly prolongation of Irvine Avenue and the easterly line of the 500.00 feet of water frontage along the U. S. Bulkhead line, easterly of former Central Avenue acquired by the County of Orange by deed (Deed Book 498, Page 45, December 17, 1923). 53. Suoerior Court Case No. 42224, City of Newport Beach vs W. R. McKee, in 1943, involved the portion of former Central Avenue, 60.00 feet in width, lying between southerly line of the State right-of-way for the southeast ramp of the State Highway grade separation completed in 1936, and the easterly prolongation of 'North Line" of the former Santa Ana River (Superior Court Case No. 23686 recorded in Official Records, Book 1, page 253, September 19, 1928). After brief testimony, the trial was continued to November 23, 1943 and then taken off the calendar on September 22, 1944. Mr. McKee was attempting to take possession of the former Central Avenue, 60 feet in width, by using the area for boat storage and placing a tent on filled tidelands belonging to.the City of Newport Beach. A 52. 54.. Superior Court Case No. 23686, City of Newport Beach vs Orange County • Improvement Association etal, Decree of August 22, 1928 established the north bank of the Santa Ana River ",North Line," and the south bank of said river "South Bank" and that the ordinary high tide line of the Pacific Ocean in Newport Bay followed the said "North Line" and the •• said "South Line" and decreed all lands lying between said '"North Line" and said "South Line," herein before described, tidelands and submerged lands in Newport Bay, and are owned by the City of Newport Beach. This Court Decree, in effect, also fixed the 'North Line" as the northerly boundary line of the City of Newport Beads in this area. The '"forth Line" and "South Line" are 40.00 feet apart, extending westerly from the westerly line of (former) Central Avenue, 60.00 feet in width located westerly of the turning basin, to the southerly line of the California State Highway, 80.00 feet in width, near the northeasterly • prolongation of S8th Street. The area westerly of the Rivo Alto was filled in with dredged material during the 19334-1936 harbor project uridertaken by the Federal Government and the Orange County Harbor District. The westerly portion of this 40-foot strip of filled tide lands, consisting of 3.016 acres, was freed of the public trust for navigation and fisheries by Statutes of 1953, Page 2585, Chapter 1096, approved by the Governor, June 9, 1953 (J. Abandonment of Channel, Page 35). The area abandoned is a part of River Avenue. 53. C. SUPERIOR COURT DECREES ESTABLISHING THE ORDINARY HIGH TIDE LINES AROUND ISLANDS IN NE1k4PORT BAY 55. Balboa Island - Superior Court Case No. 23693, City of Newport Beach vs Bulah M. Giddings etal, Decree of November 20, 1928 established the - — ordinary high tide line along the boundary lines of Balboa Island. - The said ordinary high tide line follows the U. S. Bulkhead lines on the easterly, south and southwesterly sides or' the Island as sa id bulk- head lines were established in 1917, (6). Area of Balboa Island is 126.978 acres less 3.488 acres in Grand Canal waterway, leaving 123.490 acres of uplands. 56. Collins Isle - Superior Court Case No. 23691, City of Newport Beach vs Balboa Holding Company, Decree of July 2, 1919 established the ordinary high tide line around Collins Isle lying westerly of Balboa Island. Area of Collins Isle is 1.115 acres. • 57. Harbor Island - Superior Court Case No. 23690, City of Newport Beach vs J. A. Beek etal, Decree of July 2, 1928 established the ordinary high tide of the Pacific Ocean in Newport Bay around Harbor Island; however, only about 0.98 of an acre, at the easterly end of the Island was within the City of Newport Beach boundary line, as same existed on May 25, 1919 when the State granted to the County of Orange all tidelands and submerged lands in Newport Bay, lying outside the corporate limits of the City of Newport Beach. The County of Orange was not made a party to Superior Court Case No. 23690; therefore the portion of the ordinary high tide line, as described, which is outside of said boundary line of the City of Newport Beach is null and void. 54. 58. Bay Island - Superior Court Case No. 24090, City of Newport Beach vs Bay Island Club etal, Decree of August 22, 1928 established the ordinary high tide line from the Northerly prolongation of the centerline of Coronada Street around Bay Island to 8th Street. Table No. 3 shows area of Bay Island and channel between Island and Edgewater Avenue. TABLE NO. 3 Bay Island per Court Decree 8.172 acres Less 110-foot waterway North of Edgewater Avenue 2.655 acres Area of Bay Island within U. S. Bulkhead Lines 5.517 acres 59. Lido Isle (in Tract No. 907) - Superior Court Decree Case No. 23689, City of Newport Beach vs Title Insurance and Trust Company, Decree of September 17, 1928 established the ordinary high tide line around Parkinson Island, a portion of which has been known as "Lido Isle" in Tract No. 907, since 1928. The said ordinary high tide line was estab- lished bayward of the U. S. Bulkhead line between Stations No. 173, No. 174 and No. 175, and along the U. S. Bulkhead line between Stations No. 175 and No. 170. The northerly boundary line of Lido Isle in Tract No. 907 is 50.00 feet southerly of the said ordinary high tide line between said Stations No. 175 and No. 170. 60. The City of Newport Beach purchased from the Title Insurance and Trust Company by Deed Recorded in Book 715, Page 377, O.R. October 23, 19342 two parcels consisting of 13.572 acres of uplands, described in said Decree No. 23689, lying bayward of the northerly and southwesterly lines of Lido Isle in Tract No. 907, and 4.434 acres of uplands lying bayward of and adjacent to U. S. Bulkhead line between 55. Stations No. 124 and No. 125, as described in Superior Court Case No. 26385. The City of Newport Beach acquired the said three parcels of uplands totalling 18.006 acres for $6,000.00, with the Griffith Company, owners of - -a-major portion of Tract No. 907, including Lido Isle, contributing $2,500.00' - •-- -- — of the cost thereof. The acquisition of the uplands bayward of Tract No. 907 was required by the U. S. Engineers in connection with the dredging of Lower Newport Bay in 1935 and 1936 (See Exhibit No. 7). Table No. 4 shows the area of Lido Isle in Tract No. 907. TABLE NO. 4 LIDO ISLE IN TRACT NO. 907 - Acres Court Decree No. 23689 122.094 Less Acres Parcel "A" Northerly of Lido Isle 6.033 �• • Parcel "B" Southwesterly of Lido Isle 7.539 13.572 Area of Lido.Isle in Tract No. 907 108.522 x :F t*� k* k t* t x* x k* k t :t ;Y t t t* k x** k :e x R :: x :l• k .r. :: t TABLE NO. 5 SUMMARY OF AREAS OF ISLANDS IN LOWER NEWPORT BAY S$ Overflow Court Decrees Differences Lan - 1889 1928 Acres Acres Acres 1. Balboa Island (incl. Collins Is.) 198.199 124.605 - 73.594 2. Harbor Island 1.500 •0.977 - 0.523 3. Bay Island 7.610 5.517 - 2.093 4. Lido Isle (Tr.907) 152.772 108.522 - 44.250 5. Sub Total 360.081 239.621 -120.4-6'U 6. Lot 4, Sec. 28 23.355 0.000 - 23.355 - 7. Lot 1, Sec. 28 2.260 2.500 + 0.240 8. Totals 385.656 242. 221 -143.'S75 56. D. SUPERIOR COURT DECREES ESZ.,BLISHING THE ORDINARY uw.bUA 1jbN1!vaUWk 61. Superior Court Decree, Case No. 23685, City of Newport Beach versus Newport Dredging Company eta1, Decree of May 25, 1928, established the ordinary high tide line which extended easterly, southeasterly F and Westerly from the intersection of the easterly line of Central Avenue, 60.00 feet in width, with the U. S. Bulkhead line between Stations No. 125 and Station No. 126 to a point South 79*57130" West 101.38 feet from U. S. Bulkhead Station No. 122. The said ordinary high tide line follows the U. S. Bulkhead line, except northerly of 32nd Street, where the line extends bayward of the U. S. Bulkhead line between Stations No. 124 and No. 125. The uplands lying bayward of said Bulkhead line were purchased in 1934 by the City of Newport Beach in connection with the dredging of Lower Newport Bay in 1935 and t • 1936. The area of this parcel of uplands is 4.434 acres (see para. 60). 62. Superior Court Decrees, Case No. 23683, City of Newport Beach versus Edna Story eta1, Decree of July 2, 1928; Case No. 139575, City versus Newport Bay Dredging Company etal, Decree of June 15, 1966; and Case No. 23682, City versus Newport Company, Decree of July 30, 1928 established the ordinary high tide line along the U. S. Bulkhead line between a point North 20004127" West 237.10 feet from U. S. Bulkhead Station No. 120 to the northerly prolongation of the centerline of 19th Street, 40 feet in width. 63. Superior Court Case No 39861 Volney E. v Ruby E. Hays versus City of Newport Beach, Decree of September 11, 1941, and Superior Court Case No. "40434, Harry 11. Stevens etal versus the City, Decree entered April 17, �'� 1942, established the ordinary high tide line along the Southerly line 57. (9 I 64. W of Bay Avenue, 50 feet in width, between the Easterly line of 19th Street and the Westerly line of 18th Street. The area between the Northerly line of said Bay Avenue and the U. S. Bulkhead line has been used as a Public Beach for many years. At the time the above Court actions were filed against the City, the City was considering the Westerly extension of Bay Avenue, 50-feet in width, from 15th Street to connect with Newport Boulevard in the vicinity of 22nd Street. The City of Newport Beach acquired from the Pacific Electric Land Company, by Deed recorded September 22, 1919 in Deed Book 342, Page 329, all up- lands between the centerlines of 15th Street and 19th Street, and Northerly of the Northerly boundary line of Section "B", Newport Beach, Miscellaneous Maps, Book 4, Page 4, Records of Orange County. The area of filled tidelands between the centerlines of 15th Street and 19th Street, and landward of the U. S. Bulkhead line, based on S. H. Finley's survey of 1889 is 8.319 acres. Superior Court Case No. 23681, City of Neiaport Beach versus Pacific Electric Land Company etal, Decree entered July 30, 1928, established the ordinary high tide line along the U. S. Bulkhead line between the centerlines of 15th Street and the Westerly line of loth Street, 40-feet in i ddth. Superior Court Case No. 34455, City of Newport Beach and the American Legion versus Isabelle Eastlack Haynie etal, Decree entered December 18, 1936 declared that the American Legion was the owner of the uplands lying between the Southerly line of Bay Avenue, 50 feet in width, and the Northerly line of the 20-foot alley, Northerly of Block 109 of "Newport Beach," Map Book 4, Page 22, Records, of Orange County, and extending Easterly from the Easterly line of loth Street to the 58. Norrherly prolongation of the RVesterly line of Lot 5 in said Block 109, and the city of 'Newport Beach was the owner of the lands lying between_ the Southerly line of said Bay Avenue and the U. S. Bulkhead line between Stations No. 116 and No. 117'and extending from the Westerly line of 10th Street to the Northerly prolongation of the said Westerly line of Lot 5, Block 109 of 'Newport Beach." The area of the City property, exclusively of loth Street and Bay Avenue, is 0.855 acres, which has-been used as a Public Beach for fifty years. 66. Superior Court Decrees, Case No. 24089, City of Newport Beach versus Roy Russell and Maurine Russell etal, Decree of July 2, 1928 and Case No. 24091, City versus F. W. Potter etal, Decree of November 13, 1928 established the ordinary high tide line along the U. S. Bulkhead line between Stations No. 116 and No. 117 from the point of intersection of the Northerly extension of the Westerly line of Lot 5, Block 109, i Newport Beach, Easterly, to a point North 78*29150" West 3.16 feet to the Northerly prolongation of the centerline of Fourth Street (now 8th Street) as shown on a Map of East Newport, Recorded in Book 3, Page 37, Miscellaneous Maps, Records of Orange County. 67. Superior Court Decree, Case No. 24090, City of Newport Beach versus Bay Island Club etal, Decree of August 22, 1928 established the ordinary high tide line along the U. S. Bulkhead line easterly and from the Easterly terminus of the line established by Superior Court Case No. 24089, paragraph 66, to U. S. Bulkhead Station No. 114; thence North- easterly, Easterly, Southerly and Southeasterly to U. S. Bulkhead Station No. 113; thence South 51°21'13" East along the U. S. Bulkhead line to an intersection with the Northerly prolongation of the center-, line of Coronado Street, 50-feet in width. The City of Newport Beach 1(* 59. had previously secured, from -the Bay Island Club, the right-of-way for the channel, 110 feet in width, between the U. S. Bulkhead lines established in 1917 around Bay Island and on the Balboa Peninsula. 68. Superior Court Decree, Case No. 23679, City of Newport Beach versus First National Bank of Santa Ana etal, Decree of May 5, 1928 estab- lished the ordinary high tide line from the point of intersection of the Northerly prolongation of the centerline of Coronado Street, SO - feet in width, with the ordinary high tide line extending along the U. S. Bulkhead line between Stations No. 113 and No. 111 to a point North 28008' East 114.24 feet along the centerline of "C" Street and South 58037133" East 9.51 feet. There is an apparent error in the Decree describing the bearing and distance to the Southeast corner of Section No. 35. 69. Superior Court Decree, Case No. 23678, City of Newport Beach versus Newport Bay Investment Company etal, Decree of July 30, 1928 estab- lished the ordinary high tide line from a point in the U. S. Bulkhead line between Stations No. 109 and No. 110, said point being South 89058'30" East 13.61 feet from -the intersection of the centerline of "H" Street and the said U. S. Bulkhead line and extending North 89*58130" West 479.77feet. 70. The ordinary high tide line has not been established by Court action between the lines established by Court Cases No. 23678 and No. 23679 nor Easterly of Case No. 23678 to the entrance of Newport Bay. Map No. 1 shows the boundary line of swamp and overflow lands, surveyed by S. H. Finley, Deputy U. S. Surveyor, in 1889 and 1904, to be bayward of the U. S. Bulkhead line, from "C" Street to a point 150.00 feet, more or less, Northerly of U. S. Bulkhead Station No. 107. The original Northerly line of the Bay Front section of the Balboa t • M Tract coincides with the survey of 1889. The boundary lines of Tracts No. 756 and No. 518 coincide with the U. S. Bulkhead line to a point 214.90 feet Northerly of U. S. Bulkhead Station No. 107. 71. The first public improvements in Newport Bay were undertaken by the City of Newport Beach when a Bond Issue of $125,000.00 was voted on September 25, 1916 for the construction of the West jetty at the entrance to Newport Bay which was completed in April, 1918. 72, The City acquired two parcels of uplands in Section 1, Township 7 South from Joseph Ferguson, Deed Book 301, Page 343, May 24, 1917. Parcel No. 1, 12.82 acres is located bayward•of the U. S. Bulkhead line extending Southerly from the North line of Section 1 to a point 116.32 feet Southerly of U. S. Bulkhead Station No. 107. The area of Parcel No. 1 is 5.74 acres more than that shown by the S. H. Finley survey -of 1904 of swamp and overflow lands bayward of the bulkhead lines. The location of the 1906 City boundary line along the center- line of the entrance to Newport Bay prior to any dredging or jetty construction, as 'shown on Map No. 1, is based on the description of said Parcel No. 1. Parcel No. 2, containing 0.50 acres of uplands is a strip of land 70-feet in width fronting on the Pacific Ocean, lying Westerly of Parcel -No. 1 and extending 331.01 feet Northerly of the most Southerly comer of said Parcel No. 1 to the Southeasterly corner of Block "P", Tract No. 518. Parcel No. 3 in said Deed granted a 40- foot easement to the City for a railroad from "F" Street to Parcel No. 2. The City paid $11,538.00 for the above uplands and easement. 61. 73. The area between the North and South lines of the Santa Ana River, as • described in Superior Court Decree No. 23686, lying between the Westerly portion abandoned by said Statutes of 1953, page 2585, Chapter 1096, - - and the Westerly line of Central Avenue, comprises 2.166 acres. S. H. - - - - Finley's Survey of 1889 of swamp and overflow land, as adjusted, shows 2.50 acres in Lot 1, Section 28 compared to 2.26 acres, and about 17.60 acres of tidelands and submerged lands. 74. The Northerly boundary of the map of Canal Section, recorded March 20, 1907 in Book 4, page 9, M.M., Records of Orange County is Southerly of the S. H. Finley survey of 1889 and 'Southerly of the "South Line" of said Superior Court Decree No. 23686. The Rivo Alto and Rialto, 100- feet in width, comprising 7.582 acres, were dedicated as public waterways and have been declared as navigable waterways of Newport Bay by the State Legislature. • 75. Property owners along the North and South bank of the Santa Ana River entered into an agreement which was recorded July 4, 1928 for a 125-foot channel, lying Northerly of the Northerly line of Canal Section and extending Westerly from the Westerly line of former Central Avenue to the Northwesterly prolongation of the Southwesterly line of the Rivo Alto. The Federal government has not established harbor lines west of former Central Avenue. The waterways Westerly of said Central Avenue have been maintained by the City of Newport Beach and the County of Orange. Private interests have been held responsible for the dredging and maintenance of the dredged areas Northerly of the said. 125-foot channel reservation. • Table No. 6 shows navigable waters in Newport Bay Westerly of former Central Avenue. 62. 9 .• 76. Areas of tidelands and submerged lands and filled tidelands in Lower Newport Bay from the harbor entrance to the Northwesterly prolongation of the Southwesterly line of the Rivo Alto in the Canal Section are shown in Tables No. 6, No. 7 and No. 8. TABLE NO. 6 TIDELANDS AND SUBMERGED LANDS BETWEEN THE Area of S. H. Finley Survey of 1889 0£ Swamp and Overflow Lands, Tidelands and Submerged Lands Less Lot 1, Section 28 Total Tidelands and Submerged Lands Less Superior Court Decree No. 23686 Reservation for 125-foot Channel 6.478 Acres - 2.166 Acres The Rialto and the Rivo Alto of Canal Section Reduction of Navigable beaters TABLE NO. 7 AREAS OF TIDELANDS, SUBMERGED LANDS AND FILLED TIDELANDS FROM THE HARBOR ENTRANCE 2.166 Acres 4.312 Acres 6.478 7.582 Acres TO THE WEST LINE OF SECTION 35 (Note: Includes 18.132 acres of County of Orange Tidelands and Submerged Lands) 1. FILLED TIDELANDS a. City o Newport Beach Landward of U. S. Bulkhead Line Sta. 101 to 135-B b. County of Orange, 1919 Grant Landward of U.S. Bulkhead Line Sta. 104-A to 104-7. Harbor Department and Coast Guard Headquarters Total Filled Tidelands 2. TIDELANDS AND SUBMERGED LANDS a. City of Newport —Beach, Includes 3.489 Ac. in Grand Canal and 12.32 of uplands purchased by City in the entrance channel b. County of Orange, 1919 Grant, East of Entrance Channel Total l e an'-ind Submerged Lands Total Tidelands, Submerged Lands and Filled Tidelands Acres 18.000 2.500 15.500 14.060 1.440 Acres 7.679 4.457 12.1 309.7.02 13.675 323.3 335.5 63. 0 TABLE 1\10. 8 FILLED TIDELANDS (Note: Includes 7.619 acres of County of Orange Tidelands and Submerged Lands) 1. FILLED TIDELANDS Y.—State Division of Highways, Landward of Bulkhead Line 129-#130, S.C. Case No. 59376 Portion of former Central Avenue Between Central Avenue and Bulkhead Line Sta. #2264227 Total State Division of Highways b. County of Orange, North of U. S. Bulkhead Sta. #129-#130, S.C. Case No. 59376 c. City of Newport Beach, Easterly of Central Avenue • Landward of U. S. Bulkhead Sta. #129-#130 S. C. Case No. 59376 Landward of U. S. Bulkhead Sta. #1184120 between centerline of 15th St. and 19th St Landward of U. S. Bulkhead Line Sta. #116- #117 and extending 264.99 feet Easterly of the Westerly line of loth St. Sub -total TOTAL FILLED TIDELANDS b 2. TIDELANDS AND SUBMERGED LANDS a. City of Newport Beach b. County of Orange, S. C. Case No. 59376 TOTAL TIDELANDS AND SUBMERGED LANDS Acres Acres, 0.326 0.199 0.057 0.582 1.727 0.305 12.619 8.319 1.334 22.577 24.886 34.4, 261 5.892 350.153 TOTAL TIDELANDS, SUBMERGED LANDS AND FILLED TIDELANDS 375.039 E)CHIBIT NO. 5 PROPERTY LEASED TO NE14PORT BAY COMPANY CITY OF NEh'PORT BEACH, G4LIFO?L\TI.k - - R. L. PAMRSON ' ' Civil' Engineer r;; ? FEBRUARY, 1951 ' 1 INIEMORA` D-al ON PROPERTY LEASED TO NEWPORT BAY COMPANY BY THE CITY OF NE14PORT BEACH,CALIF. PROPERTY 1. A Parcel of Land comprising 14.6 acres fronting on the U.S. Bulk- head line between Stations 129 and 130 and lying Southeasterly of the Southeasterly line of Tract No. 919. The frontage on the Bay is 2,274.55 feet. The property also -fronts on State Highway 101A, TITLE REPORT 2. The Orange County Title Company reported in letter dated November 30th, 1948, as follows : "In conclusion we wish to say that from an exhaustive examination of the various records, the annexations and exclusions to the City and the various legislative grants, we are unable to report that the City is the Owner of all of -the 14.6 acres parcel, it being our opinion that the County of Orange owns a sub- stantial portion thereof abutting the State Highway ". - - - Tideland.-Gran•ts-by- the -State- •Legislature 3. To City of Newport Beach: Statutes -of 1919, page 1011, Chapter 494; Conveyed all that portion of the tidelands and submerged lands -•-- - bordering -,upon -and- under Newport. Bay „within the present boundaries (1919) of said City, and situated below the mean high tide line of the Pacific Ocean in said Bay which 'border upon and are in frost of -' - the uplands now"owned_by said""City' and such other uplands as it may hereafter acquire etc. 4. To County of Orange: Statutes 1919, page 1138, Chapter 526. This grant conveyed title to the County of Orange to all that portion of the tidelands and submerged lands bordering upon and under Newport Bay.'in the County of Orange, not heretofore granted, which are outside the City.of Newport Beach, etc. 5. To City of Newport Beach: • Statutes 1927, page 125, Chapter 70. This grant conveyed title to the City of Newport Beach; in and to all tidelands and submerged lands bordering upon, in, and under Newport Bay, situated below the line of mean high tide of the Pacific Ocean in Newport Bay, not heretofore granted to the said City or to the County of Orange. 6. The legislative grant of 1919 to the City (Statutes of 1919) page 1011 (Chapter 494) could in no way affect the property involved as the grant conveyed tidelands and submerged lands "within the present boundaries of .said City, "which border upon and are in front of upland "now owned by said City and such other upland as it may hereafter acquire". At that, date the City did not own any upland in vicinity and the uplands as may be hereafter acquired by the City were those within the corporate boun- daries as they existed in 1919, the date of said grant. {l) ►J City Bounda 7. The City of Newport Beach was incorporated in the year of 1906 as a municipal corporation of the sixth class. Ordinance No.l adopted Sept, llth, 1906, defined the boundary as "Commencing at the point of intersection of the East Boundary of the Rancho Los Bolsas with the North Bank of the Santa Ana River, in Orange County, California, the said point being between Stations sixty—seven (67) and Sixty— eight (68) of said boundary; thence Easterly and Southeasteriy,along- the North Bank of said River 3 1/2 miles, more or less, to a point 16 chains South 45 deg. West from the common corner to Sections 26, 27, 34 and 35, Township 6 South, Range 10 West, San Bernardino Base and Meridian, " etc. 8. The exact location of the North Bank of the Santa Ara River. has never been judicially determined in the vicinity of the 14.6 acre parcel. however, the Decree of the Superior Court, Case No. 23686, Recorded in Book 201, page 253 of Official Records of Orange County, established the Ordinary High Tide Line of the Pacific Ocean in Newport Bay and designated said line as the North Bank of the Santa Ana River between the Northeasterly -prolongation of the -Southeasterly line of Central Avenue and the Southerly line of the 80 foot State Highway in the vicinity of 57th Street. This Court decree together with 16 other decrees establishing the ordinary high tide lines in certain areas of -Newport Bay was. validated by the State Legislature (Statutes 1929, page 274 Chapter 142). The Newport Heights area between the Central Avenue and the Southwesterly prolongation of the centerline of Irvine Avenue was annexed to the City, February 16, 1917. 9. Minutes of City Council A search of the minutes of the City Council was made for the period of 1915 — 1925 with regard to the City boundary. Excerpts of the minutes are as follows : January 15, 1917 (page 172) "Letter from Lew H. Wallace was read calling attention to the matter of the drafting of a bill to be presented to the Legislature asking that they define the Channel of the Santa Ana River, Moved'by trustee G.P. Wilson, seconded by trustee Glenn Helms and carried that the same be referred to the City Attorney to draw up and present the bill": March 5, 1917 (page 136) "Passing demand sending Bishop to Sacramento, Moved by trustee H.A. Robinson, seconded by trustee J.C. McCain, and carried that a demand be allowed and a warrant drawn to cover in the sum of $150.00 to defray the expenses incurred by the City Attorney in connection with his trip to Sacramento in the incerest of the "Tideland Bill". (2) 10 "The natter of the exclusion of the Irvine property was dis- cussed at length and City Attorney Bishop thought the City should make their word good by excluding it. Mr. Wallace stated Mr. Irvine did not want the City to put a sewage. disposal plant,on the land, but City Attorney stated it could be done by condemnation. No definite action was taken at this time ". May 2, 1921 (page 425) "City Attorney Bishop gave a brief synopsis of the four harbor bills which he had been instrumental in getting through the legislature and which were now ready for the Governor's signature, and on motion of Trustee J.J. Schnitker, seconded by Trustee L.S. Wilkinson and carried, the report was accepted and the City Attorney highly complimented for the success of his efforts by the Board of Trustees on behalf of the Board and the citizens at large". The minutes of the City Council do not show the submission of the City Engineer's survey of the North Boundary line Westerly of Central Avenue. , The Statutes of the 1921 legislature do not include a bill defining the boundary nor a bill ex- cluding territory from the City. City Engineer Kressley did prepare a Map en- titled "Map of _the City of Newport -Beach., California, Showing New City Boundary Line, April 1921, P.E. Kressley, City Engineer". The Map shows the boundary West of the Central Avenue Bridge, as surveyed by the City Engineer, and what seems to be a proposed new city boundary commencing at point in the U.S. Bulkhead line, said point being the_most_Westerly corner -of the.14.6 acre parcel, .running thence Southeasterly, Easterly and Southeasterly along the Government Bulkhead lines to Station No. 106 in the harbor entrance. There is no evidence that the City Council ever adopted this Map or established -'the City -boundary as shown on said Map. 11. In the annexation of Newport Heights (1917) the point of beginning of the descrip- tion of the area annexed is the intersection of the Southwesterly prolongation of the center line of Irvine Avenue and "the present Northeasterly boundary line of the Citv of Newport Beach. which point of intersection is 1341 feet North 8" 58' East from the common corner of Sections 27 28 33 and 34". Apparently, at that date, to -wit, the year 1917, the North Bank of the Santa Ana River was located by a survey by City Engineer Kressley. Plotting this point of beginning it is found that the North Bank at that time to be'about 100 feet bayward of the Bulkhead line. This would indicate that the Westerly portion of the 14.6 acre parcel uas outside the corporate boundaries of the City as originally incorporated and in 1919 when the State Legislature conveyed tidelands and submerged lands lying outside the City boundary to the County of Orange. 12'. sS.H. Finley Survey 1889 Surveys of swamp and overflow lands in Newport Bay were made by S.H. Finley 'in 1889 for the Surveyor General. Field notes made by Finley show that he surveyed the North Bank of the'Santa Ana River. However, the Commissioner of the General, Land Office, Department of Interior in a letter "E" dated May 22, 1890 ordered (4) • the elimination from the plat all meander surveys and subdivisions North of the Santa Ana River, as well as all meander and subdivi- sion lines East, and worth of Newport Bay. The Land commission was of the opinion that no survey should have been made of lands lying North of the Santa Ana River, nor between the meander lines of the Ranchos Santiago de Santa Ana and San Joaquin and Newport Bay, as the Santa Ana River is the Southern Boundary of the Santiago de Santa Ana Rancho as patented, and the bay and ocean are called for as the Southwest boundary of the San Joaquin Rancho. 13. The U.S. Coast Geodetic Survey after long observation at San Diego found that in the state of nature befote the first jetty was built there, the average of all high tides was 5.0 feet above mean lower low tide. The Coast Survey also in 1875 found the tidal range at old Newport Landing in Newport Bay to be 8% less than at San Diego which makes the ordinary high tide level there in the state of nature 4.6 feet above mean lower low tide at the old Newport Landing near the existing State Highway Bridge across the Upper Bay, which was perpetuated by a bench mark on a boulder buried there in 1875. The elevation of the boulder is 9.46 feet above mean lower lbw tide. This bench mark was used by the U.S. Engineer in their 1912 Surveys and by the County in*1920 in -connection with harbor improvements of --- lower Newport Bay. • 14. It is my opinion that the Finley Survey of the North Bank of the River was never officially adopted nor have I found anything to show that the City or its officials ever used the Finley Survey as the City Boundary. I am of the further opinion that it was the intent of the City Council in designating the North Bank of the river as the City Boundary Line at the time of incorporation in 1906. to include all tidelands and submerged lands lying Southwesterly of the Ranchos Santiago de Santa Ana and San Joaquin. This opinion is based on the letter "E" of the Land Commissioner, which implied that the Miato Survey of the Ranchos as shown on the patented Map was a meander line and that any natural accreations Southwesterly of said meander line would accrue to the owners of the Ranchos. It is my opinion that the. intent of the original incorporation of the City was to include all lands not in private ownership, lying Northerly of the Santa Ana River .or Newport Bay, in Sections 27, 28, 29, 20 and 19, T6S, RIOW. 15. County Counsel Ogle contends that the Tinley Survey is an official Survey of the North Bank of the ri;,cr and it should be used in arriv- ing at the location of the City boundary as of 1919. If his can- , tention is correct, then the County would own the larger portion of the 14.6 acre Parcel which would include all of the State Highway frontage and the Westerly 840 feet of the waterfrontage, and the City would own a parcel containing about 6.297 acres with a waterfrontage of 1434 feet. 16. The Santa Ana River was considered to empty into a tidal inlet at a point opposite the present river outlet as far back as iS68, shown by (5) n �A Map of survey made by W.P. Renyond, in April, May and June 1868, pursuant to instructions of. Commission of Partition, 1st Judi- cial District, Case 1192 of District -Court, Abel Sterns et al and Coata at al. The Survey by Moore & Kellecher in January,1876 shown on a Map entitled "Map of Banning Tract being a portion of Rancho Santiago de Santa Ana" Recorded in Patent Book 1, pages 147, 148 and 149 Records of Los Angeles County and also Recorded in L.A. County Maps Book 3, pages 71, 72 and 73 Records of Orange County, shows the inlet starting and extending Southeasterly from S.S.A. No 119, which is at the present river outlet in Section 19. 17. . Minto Survey 1883 The Survey by William Minto in June 1883, shown on a Map entitled "Rancho Santiago de Santa Ana" Recorded in Patent Book 3, page 420, Records of Los Angeles County and Recorded in L.A. County Maps, Book 3, pages 101 to 104 incl., Records of Orange County, shows the mouth of the river in the same location as the previous surveys. 18. T M The legal description of the 1876 Survey placed S.S.A. 'No 119 on the left bank of the Santa Ana River from which point the descrip- ( • tibn meandered the inlet. 19. The legal description of the Mirm Survey (1883) and contained in the patent from the United States of America for Rancho Santiago de Santa Ana.- Recorded in Book 3, page 387 of Patents, Records of Los Angeles County, starting at S.S.A. No 117 reads as follows : Thence according to the true meridian the variation of the Magnetic needle being fourteen degrees and thirty minutes East, along the left bank of the River/ 118 'South fifty three degrees East, nine chains to a redwood post forty eight, by four by four inches marked S.S.A. Station 119. 119 Thence North eighty nine degrees and forty five minutes East, at Twenty seven chains and twenty links enters river at thirty-one chains and fifty links along right bank of river, at thirty-six chains and ninety two links leaves right bank of river, at thirty nine chains and seventy tqo links, left--bank--of river, at forty chains to a redwood post for eight by four by four inches, ,marked S.S.A. 120 Station.at foot 6f bluff, and bank of river or inlet with mound eighteen inches high, three and one half feet at base and pits twenty four by twenty four by 12 inches, to the ( West and South eight links distant, the bend in the bluff bears'North thirty one degrees and thirty minutes West about ten chains distant. (6) Thence meandering the inlet following the line of ordinar-* • high water mark; South twenty four degrees East ten chains to Station 121, etc. 20. It will be noted from the foregoing that Minto places the start of the inlet one-half mile East of S.S.A. 119 where prior surveys placed the start of the inlet. Minto used the same courses and distances as prior surveys and it is apparent from inspection of the lnaps showing the various surveys and the conditions of 1921 when City Engineer Kressley made a survey in this area that accreations had occurred south of the meander survey line between S.S.A. 119 and 120 which caused Tginto to, place the start of the inlet at S.S.A. 120. 21. U.S.C. & G.C. 1875 The Survey of 1875 by the U.S. Coast and Geodetic Survey shown on sheet No. 1256 entitled "Newport Bay or Santa Ana Lagoon and Approaches, Cal. 1875" shows the Santa Ana River from S.S.A. 120 of the Rancho Santiago de Santa Ana to a point opposite U.S. Bulkhead Station 130 which is 1800 feet Southeasterly of the 14.6 acre parcel. 22. The U.S. Coast & Geodetic Survey Chart of 1887 indicates the river in approximately the same location as the 1875 Survey. 23, The United States Corps of Engineers 1912 The United States Army Engineers made a hydrographic survey of Newport •• Bay in 1912 with a view to establishing harbor lines. An Act of Con- gress approved July 27, 1916, ordered the establishment of harbor lines. A map entitled "Newport Bay, California, Showing Harbor Lines" was approved January 18th, 1917, by the Assistant Secretary of War; This Map shows the tidal -area Northwesterly of Central Avenue as the Santa Ana River. 24. S.H. Finley's Survey - 1889 Finley's Survey of 1889 was a meander line and was never officially approved by the Federal Government, nor have I found any case where the City, County or -State has officially determined that his Survey fixed the location of the North bank of the Santa Ana River. I have found no case where his surveys of the North Bank of the Santa Ana River was even used in -legal descriptions of property. 25. Boundary of Land Grants The ocean is called for as the Southwesterly boundary of the Rancho San Joaquin as patented. It will be observed by reference to the patented map that Newport Bay is styled as an Inlet of the Ocean, and that it is meandered as a part of it. When the Spanish and Mexican grants were about to be confirmed by the United States Patents the question arose as to whether the Surveys therefor should follow extreme high water mark in compliance with the Spanish and 'Mexican Laws under which the grants were made; or whether they should follow the lower ordinary high water mark to agree with Surveys of the public �1 domain adjoining the grants. But to have limited the grants to the extreme high water mask, would have required extending the shore or tidelands up to the same line, thus making jogs is the shore line at its intersection with partition lines between grants and public domain! (7) for otherwise there would have been strips o- salt marsh or public domain between the grants and the publicly ocmad tidelands anc waters, • and that would have been in violation of the terms of the grants which were to be bounded by the ocean or bay. For the sake of simplicity and consistency the ordinary high water, instead of the extreme, was adopted for the boundary of grants, as well 'as of the public domain, and grantees got more under the U.S. Patents than had been given them by Spain and Mexico. Undoubtedly the U.S. Commissioner had the foregoing in mind when he ruled that there was no public domain between the Xinto meander survey line of the Ranchos and the bank of the river or inlet and that if there were any accreations they would accrue to the grants as patented. 26. The location of the bank of the river undoubtedly, due to floods and tidal action, shifted between 1889 and December 1920 when the County completed the present river -outlet in the Northwesterly part of Rancho Santiago de Santa Ana. The Finley survey wag uiade 17-years prior to the incorporation of the -- City of Newport Beach and 30 years prior to the State grant in 1919 to Orange County, covering all tidelands and submerged lands lying outside of the boundaries of the City. 27: - Decree --No;, 20436 CountNws: •Irvine- Co. Decreee No. 20436 set forth that the County was the Owner of certain tidelands and -submerged lands, by reason of the 1919 Grant from the • State. A portion of the desciipfim of County lands affecting the 14.6 acre parcel reads as follows "Station No.129, said Station 129 being identical with U.S. Bulkhead Station No. 130; thence North 61° 00' 00"'West along the Bulkhead line extending from U.S. Bulkhead'Station No. 130 to U.S. Bulkhead Station No. 129, 1800 feet to Station No. 130 of the line herein described : Thence leaving said Bulkhead line, North 29° 00' 00" East, 632.07 feet to Station No. 131, said Station No. 131 being in the Southerly line of the eighty (80) foot right of way of the Califor- nia State Highway at a point which bears South 10 36"30" West, 40.00 feet from Engineers Station 23 + 12.35 of the center line of said High- way, 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, 1923, and on file in the office of said California Highway Commission; "(This line bearing N. 29° 00' E. is the east line of the 14.6 acre parcel). "Thence Westerly, along said Southerly line of the eighty (80) foot right of•way of the California State Highway, to an intersection with the boundary line of the City of Newport Beach."', (this boundary line is the Northwesterly line of the 14.6 acre parcel)'. (8) J • following aloe— Said boundaj—i line of the City Of Newport Be to a poi- due South of Station ;o. 4 or the lisle herein described; etc." (Station No. 4 is L•Iest 554.40 feet of U.S. Bulkhead Station No. 101) . 28. It will be noted that the decree did not deLnitely fix the City Boun— dary in the vicinity of the 14.6 acre parcel but placed it somewhere South-,7esterly of the Southerly line of the State rhighway. The descriptions were prepared and checked by W.K. Hillyard, County Sur— veyor, who also made a topographic nap in 1925 of the tipper Bay area. - The Map, file No. C.S. 793.3 and C.S. 793.4 on file in the County Surveyors Office, shows the 4.4, 4.6 and 5.1 elevation contours and the Finley Survey of 1889. 29. The City Boundary as it existed in 1926 at the time of the Decree could nave been accurately -described by reference to the exclusion.of all of the 14.6 acre parcel together with other lands North of -Balboa Island, from the City. Minute order of the City Cou cii adopted December 15th, 1924 excluded lards lying Easterly cE the Southwesterly prolongation or the centerline of Irvine Avenue and Northerly of a line parallel with the bullhead line- and 350 feet.Norxherly of the Bulkhead line on Lido Isle, extending between.U.S. Stations Nos. 170 and 175. • 30. It is apparent that the court decided that the State Grant of 1919 to the County only conveyed tidelands and submerged land tying outside of the City Boundary as said boundary existed at the time of the grant,and The City boundary could not be judicially established in the action before the court as the City of Newport Beach was not a party to the suit between the County and the Irvine Company. 31. The decree also decided that the line describing the tidelands of said Newport Bay Northerly of the corporate limits of Newport Beach was,except where the same crosses the said Bay, the line of ordinary high tide of said bay, and is the boundary between the upland belonging to the defen— dant" (Irvine Company) and the Bay of Newport Beach where said upland was contiguous to said Bay. 32. My interpretation of the foregoing paragraph is that the ordinary high tide line was established to a point in the Bulkhead line about 245 feet Southeasterly of the 14.6 acre parcel; to legally establish it beyond this point the City of Newport Beach should have been a party to the suit. The wording of the description might indicate that the intent was to establish the ordinary high tide line to the Southerly line of the State 'righway or perhaps as far West as the City boundary at the Westerly line of the 14.6 acre parcel. County Surveyor Hillyard thinks it ends or. the Bulkhead line at the Southeasterly line of the parcel. Certainly it could not have; been established along the Southerly line of the State Highway as the Irvine Company gave the State a Grant Deed subject only to right of the company to { (9) install and maintain pipe lines, pole lines, etc., recorded in Deed • Book 506, page 334, Jan. 30th, 1924. The fee title to the right of way belonged to the State,therefore,in order to establish the lire along the Southerly line of the Highway the State should have been a party to the suit. 33. I stated to the City Council and the Board of Supervisors at the time •• the matter first came up of reaching a compromise settlement that there was a possibility that the City of Newport Beach could claim all of the 14.6 acre parcel from a legal standpoint. My statement was made on the basis that the :forth bank of the Santa Ana River was the ordinary high tide line of a Tidal Inlet extending Southeasterly from the present river outlet to the central part of Newport Bay and that the City boundary followed the river bank of ordinary high tide line in the year of 1919 . when the State conveyed tidelands and submerged lands lying outside the corporate limits of said City; to the County of Orange; therefor the County did not acquire any title by said grant from the State to any tidelands within the 14.6 acre parcel. 34. It is my. contention that the bank of a river in a tidal inlet or bay would be at least at elevation 4.6 (average of all high tides) and might possibly be placed at elevation 5.2 the average of all higher high tides. " City Engineer Kress ley's'Survey '(1921)'Westerly of Central Ave. seers to have followed the ordinary high tide line. - • 35. The City Officials in 1906, the year of incorporation, were probably careless in preparing the description of the Boundary Line. They were correct in describing the starting point,"(commencing at the point of intersection of The East Boundary of the Ranchos Los Bolsas with the North bank of the Santa Ana River, " ) because this point was on the North or left bank of the river as described by the Dfinto Survey'of 1883, at a point on the west side of the present river outlet. All: the present confusion was caused by using "thence Easterly and Southeasterly, along the North bank of said river 3 1/2 miles more or less, to a point 16 chains South, 45 degrees West from the common corner to Sections 26,. 27, 24 and 35, Township 6 South, Range 10 West ". I am satisfied that the officials intended to include all of the so called river and tidelands covered by the ebb and flow of the tides up to the boundary of the grants of the Ranchos Santiago de Santa Ana and San Joaquin, which is considered to ba the line of Ordinary High.Tide of the.Pacific Ocean in Newport Bay-: This uncertainly could have been avoided if the description had read along the North Bank of said river or inlet. ( 0: 36. It is generally considered that the bank of a river is the one created by normal flood flow and not.by the low river flow which occurs 8 months each year. I believe this has been established by the courts, It is well known that the course of the Santa Ana River over a period of years shifted between the Huntington Beach Mesa and the Costa Mesa Bluffs. (10) • Hinto's Survey of 1883 shows it paralleling the ocean west to the Huntington Beach Mesa and a stream entering from the North in the present location of the river channel. Finley's Survey of 1889 shows the river paralleling the ocean to the Huntington Beach Mesa. At one time the river discharged into the Ocean near Huntington Beach. Sand carried by the river during flood stages was moved down coast by the littoral drift along the ocean shore and formed a narrow sand barrier beach which gradually extended to the Southeast and by 1857 had reached what is now known as East Newport. The large flood of 1861 built the to "L" Street and by 1889 the year of the Finley Survey, the peninsula had reached the harbor entrance. This flood created a new Santa Ana River channel extending to the coast in the approximate location -of the present channel. 37. After the change in the river alignment of 1861 the annual floods spread over and filled the area between Huntington Beach and the Costa Masa Bluffs. The area shoreward of the peninsula known as Newport Bay and Santa Ana Lagoon -was gradually silted aftr the formation of the peninsula by the annual floods. This new land was surveyed by Finley in 1889 as Swamp and over-flo;,, land and later sold by the State as grazing and agriculture land. 38. Normal annual floods -continued to -spread over the area between cunting- " - ton Beach and the Costa Mesa Bluffs until 1920. Levees were constructed along the present channel. Floods in excess of 8,000 second feet generally breach the levees on East or Nest side and major floods would breach both levees prior to the construction of Prado Dam in 1938. 39. Rancho Grants Department of Interior July 8th, 1924 General Land Office Washington, D.0 1141610 "K" R.J.G. "The Claim of .the Rancho San Joaquin is founded on two Mexican Grants to Jose Sepulveda made respectively on April 15, 1837 and May 13, 1842, by Juan B. Alvarado, then Governor of the Department of California." The grant was confirmed to Sepulveda by the Board of Land Commi- ssioners appointed under the Act of March 3, 1851 (9 Stat.631)to 'ascertain and settle the private land claims in the State of Calif- ornia on April 25th, 1854, which decision was subsequently finally affirmed by the District Court for the Southern District of Calif- orri4-a , the appeal to the U.S. Supreme Court was vacated. The decree of the District Court is for: Eleven square leagues and no more within the following des crib ad 'boundaries, to ;vit: On the North by the Cerritos de ios Ranas; on the Northwest the Rancho de Santa Ana; on the Southwest the sea; on the Southeast the Canada de las Lagunas; on the East the place called 'El Toro'; on the Northeast the Hills. The decree further provides that if the quantity of land contained within the above boundaries be found to contain less than eleven square leagues "then confirmation is hereby made of such less quantity". According to the field notes of the Survey made by Hancock (• O in conformity with the decree of confirmation he began "at a oust in mound on the line of hi;h water mark of the Pacific Ocean" the location of which post he further describes with more particularity, "Thence according to the true meridian the variation of the maenetic needle being 13° 16' feet East meandering "It is apparent from the above resume that Hancock meandered the inlet known as Newport Say and the Paci— fic Ocean at the mark of high tide and the patent issuing to Sepulveda described the land according to Rencock's field notes The Land Commissioner's letter concludes as follows "Upon the issuance of the patent to Sepulveda the juri— sdiction of the United States over the land ceased and without commenting upon the authority of the United States to approve the Finley Survey, and approve the land built up by accreations and subject to the action of the tide to the State of California -as swamp land, it would appear from the above that the respective rights cf the State and the present owner of the Rancho San Joaquin to the land in question, must be determined by the actual condition of th land both at the tine paten` issued to Sepulveda and at very respectfully, Commissioner 40. Department of Interior July 30th, 1924 General Land Office Washington, D.C. 1141610 "K" RJG. "The lands you indicate lie between what was determined by Hancock to be the line of high water mark in 1858 and the line of high water mark as determined by Finley in 1890. You will observe that this land was not segregated'by Finley as a part of the public domain, but running of the line desi— gnating high water mark at the time and representation of the land on the map was merely informative and was not intended as a guide to further disposition of the land nor, as indica— ting swamp land passing -to the State under the Act of September 28, 1850. (9 Stat.-, 519). (12) Adjudication of the rights of the respective clai=anrs to he • land in controversy must be had in the local courts according to the Laws of the State of California " (signed George R. kickhan) Acting Commissioner 41. It is very apparent to me that the Land Commissioner recognized that the Rancho san Joaquin title extended to the ordinary high tide line of the inlet which Finley described by mistake as the North bank of the Santa Ana River aad there was no public domain between the Hancock meander survey or 1858 and the %]nto Survey of 1883, and the inlet. In other words, under the law the Rancho gained by natural accfeations and lost by natural erosion. All of the 14.6 acre parcel of land is a part or adjacent to the Rancho Saa Joaquin and the portion bayward of the ordinary high tide -line is tidelands and submerged lands in the inlet as designated in the original patent, and not a part of the old Santa Ana River Bed. 42. City Title to Ordinary high Tide Line and State 3iahwav The City can establish title to practically all or the. 1.4.6 acre parcel if they car. establish in court that the ordinary high tide lire is the bank of the river or inlet in the vicinity. Superior Court Decree No. 23686, established the ordinary high tide line of the Pacific Ocean • in Newport Bay Westerly of the Central Avenue Bridge and designated the "North Line" as the North Bank of the Santa =,na River. Decree No. 23687 established the line of ordinary high tide of the Pacific Ocean in Newport Bay along the U.S. Bulkhead line northwesterly of the 14.6 acre parcel. Both of these decrees were validated by the State Legislature in 1929. The court decree No. 20436(bunty of Orange vs. Irvine Company dated May 6, 1926, has never been validated by the State Legislature. The County had Assemblyman Earl Stanley introduce Assembly Bill No. 301 in the 1951 Session of the Legislature. The City should not allow the enactment of this Bill until title is established on the 14.6 acre parcel. 43. I have set forth herein my opinions on the rights of the City to the 14.6 acre parcel based on engineering data and a limited amount of law, without any legal advice, and the City should seek competent legal advice before engaging in any expensive law suit. In the event a law suit evolves from this question of ownership, considerable more engineering, as well as legal research, will be required and a law suit will be costly to both the City and County. It has been my experience that even if it takes a law suit to settle the question chances are that it will end up in a compromise. 44. Moral Rights of City to 14.6 Acre Parcel In addition to the legal side of the question of ownership it is my r opinion that from a moral standpoint the City is entitled to title (13) • to all or the 14.6 acre parcel. The basis of this reasoning is set forth in the following paragraphs. 45. Exclusion from Citv 1924 Mr. Irvine through City Attorney Clyde Bishop requested the City Council in 1921 to get the State Legislature to disincorporate the land taken in to the City sometimeago through an over -sight and the City Attorney had a bill introduced in the State Legi- slature; however, there is no record of the passage of the bill. 46. Ordinance No. 266, adopted by the City Council. November 3, 1924, called an election on exclusion of certain lands including the 14.6 acre parcel. 47. Minute motion adopted by City Council on December 15, 1924 ax- cluded lands from the City including the 14.6 Acre parcel. The new City boundary was placed 350 feet Southwesterly of the Bulkhead line extending Southeasterly of the prolongation of the centerline of Irvine Avenue. 48. Deed to City from County - 1927 Pursuant to the request of the City, the Board of Supervisors adopted a Resolution on December 21, 1926 - Vol. 21, page 58 1/2 minutes of Board, ordering the Chairman and Clerk to execute a deed to the City which described the lands excluded by the City on December 16, 1924, with the understanding that the deed would be placed in escrow and to be delivered to the City when the voters • of the City approved a City Bond Issue of $500,000 for the extension and repair of the West Jetty and the construction of the East Jetty. 49. The voters approved the City Bond Issue of $500,000 or. February 14, 1927. 50. The deed was executed by the County on March 29, 1927 and recorded the same day in Book 28, page 259 of Official Records. No Resolution of acceptance by the City Council, as required by law, was Recorded with the deed. The minutes of the Council do not show that they accepted the deed from the County at that time. 51. The City Council accepted the deed by Resolution No. 3853 or. January 22, 1951, and the deed was Re -recorded in Book 2133, page 374 of Official Records , January 23, 1951. The County Council contends that under the law the County may not give land to a Municipality. However, the City did spend $500,OOQ00 on Harbor improvements which was a benefit to the County as a whole, and it is apparent that the Supervisors intended to convey to the a City all lands owned by the County which were excluded from the City in 1924. 52. There is a question as to whether the deed has any legal bearing on the title to the 14.6 acre parcel. Regardless whether or not it does, it is my interpretation that all tidelands and submerged lands covered, (14) • by said dead were within the City boundary in i919, the yaar the State conveyed tidelands lying outside of the City boundary, to the County and that the State grant of 1927 conveyed said tide- lands and submarged 'Lands to the City. 53. Deed to City from .Irvine Company - 1923 The Irvine Company a, cured a Grant Deed, dated April 13, 1928, conveying all of the 14.6 acre parcel to the City. The deed was not Recorded until August 13, 1928, in Book 249, page 423, of Official Records. 54. Apparently the lrvlire Company was of the opinion that the decree of the Superior Court, Case ::o. 20436, County vs. I vine Conpaay, did not determine title to the 14.6 acre parcel and that they ownad fee title to the uplands in said parcel. 55. Deed t0 State for Hi?hwa'7 fromIrvine C7omo3ny - !924 The Irvine CO,iJany nave the State a Grant Deed for the original highway, 80 feet in width, which was Recorded in Book 506, page 334, of Deed, January 3, 1924. The Company reserved the right to install and mai. tair. pipe lines, pole lines, etc. 56. Daad to State for Hisnway from -City _-.1930 The City cave the State a Grant Deed Tor Widening the highway to a width of 100 feet. A 10 foot strip was deeded along the Northerly • side of the 14.6 acre parcel. Deed was Recorded January 3, 1930, t in Book 338, page 314, Official Records. 57. Deed no State for Hiph;•ray from Irvine Co. - 1931 The Irvine Company gave the State a Grant Deed for widening the highway to a width of 100 feet. A 10 foot strip along the Northerly side of the 80 foot right of way. Deed Recorded May 30, 1931, in Book 483, page 3, of Official Records. 58. Abandonment of portion of State Hi_hway - 1933 The State Highway Commission in connection with rea-ignment of the highway in the Westerly part of the 14.6 acre parcai, abandoned the portion of the original 80 foot highway, as conveyed by the Irvine Company in 1924, which lies Southerly of the present 100 foot right of way, extending about 700 feat Easterly of the i±esteriy line of said Parcel. The State has not reconveyed this strip of land which has a maximum width of about 45 feet. The Resolution of IMbandonment was Recorded May 13, 1933, in Book 608, page 441, of Official Records. 59. The portion of the abandoned right of way should be deeded to who ever owns the land between the present highway and the Bulkhead line. 60. Annexation of 14.6 Acre Parcel - 1930 The 14.6 Acre parcel was annexed to the City by minute resolution adopted June 2, 1930. (15) 61. Leases Made by the City - 14.6 Acre Parcel The City of Newport Beach has exercised control of the 14.6 acre • parcel ever since March 1927, and has granted permits and leases for use of said property. The property has been carried on the County Assessor's roll in the name of the City. The County has not in any manner claimed an interest of any nature in the property since 1927. The City at its expense, has constructed six piers and two large boat slips along the water front, installed sewers and water mains and erected five garage and storage buildings. 62. Leases made by the City are as follows : (1) May 5, 1930 - Resolution No. 610 granting permit to Hugh Evans & Co: to use about 300 feet of Highway frontage for Real Estate office in connection with Lido Isle Subdivision. This company erected an office and paved a parking area of about 25.,000 square feet. (2) May 1, 1937 - Boy Scouts of America - term 25 years - Expires April-30, 1962 -'Rental $1.00 per year. Westerly 128.5 feet measured along the Bulkhead line. (3) November 1, 1937 - Newport Harbor Union - High School District - term, 15 years - Expires October 31, 1952 - Rental $1.00 per year. Easterly 100 feet of th=_ Westerly 228.5 feet. The Nigh School never actually used the property. About 1939 the Sea Scouts of Orange County who are a branch of the Boy ( Scouts of America, fenced in the nigh School lease with their lease and have used the property since that time by permission of the City. (4) November-4, 1940 - Carl Schilling - Dock No. 1 - Rental $480.00 per year - Yacht "Invader". (assigned to Site Tours. Inc.Aug. 18, 1942.) (5) February 3, 1941 - Keith Spaulding - Yacht "Goodwill" - Dock No. 2 -'Term, 3 years -Rental, $780.00 per year - Cancelled 3-1-43. (6) March 24, 1941 - J.R. Owens - Yacht "Melodie" - Dock No. 3 - Term, 3 years - Rental $811.00 per year - (cancelled 3-15-42). (7) May 20, 1941 - Baron Long - Yacht "Norab" - Dock No. 4 - Term 3 years - Rental, $528.00 per year - (cancelled 3-1-42). (8) October 6, 1941 - John Ford - Yacht "Amer" - Boat Slip ;1 - Term - 3 years - Rental, $639.00 per year - (cancelled 3-1-42). (9) October 15,1941 - Baron Long - Garage space - Rental $10.00 per month - (cancelled 3-1-42). (10) October 20, 1941 - John Ford - Garage space - Rental $10.00 ( per month - (cancelled 3-1-42). (16) • - - C.-rage Space - Rentai. (il) ' r , ::OCa':'Jer l , lip! 1 i:eltG S']aut4�..�g S20.00 per month - (canceled•5-1-41). (l2) November 1, 1941 - W. L. Valcntine - lact alaGOr- ieYti 3 years - 3e..tal $660.00 per year. - ;oat slip `:2 - (cancelled 4-1-42). (13) Deceaber 1, 1941 - i*. L. Valentine - Garage space - Rental $10.00 per month - (cancelled 4-1-42) . (1Y) may 21 1942 - U. S. Navy - Dock "o. 1 and !and adjacent thereto - Rental $600.00 per year. Later includes in Item i'f20. (15) July 15, 1942 - Foster '.• :•:laiser - Sign in corner of property - Rental $25.03 per year. (16) October 17, 1943 - Picr So. 6 - Tern., 3 years - Rental $75.50 Par year, (17) May l> 1944 - South Coast Co. - Docks F3 , i^4, and #5, and Garages r4 and 71- `5 - Rental $262.50 - (cancelled 1946). (18) November 6, 1944 - George Vanderbilt - Yacht "Pioneer" - Pier #2 with Sarage - Rental $7.100.00 per year - Tern, 3 years. 19 1945 - Sam-= Ana Arty yir Base - Aquatic Tra Rang Center. ( ) Jul) -> inclAde6 Loat Slips ill and ;;2> gara e �11�. and RUG feet of water frontage - Rental $225.00 per month - cancelled 2-27-47 (20) October 10, i945 - U. S. Ar.y - Supplemental agreement to item ',14 - Rental $625.00 par month (cancelled 194.6). (21) :Say i, 1947 - Aircraft Rescue Boat Mooring - Dock No. 4 - Rental $1200.00 per year (cancelled.1948). (22)• March 24, 1948 - :1ewport Bay Cor..pa]y - 14.6 acre parcel - Term 25 years - Rental minimum $25,000.00 per year. R. L. Patterson February 1951 n (17) • EXHIBIT -NO. 6 COUNTY OF ORANGE PROPERTY� OUIN IN VICINITY OF U. S. BULK-T-0 STATION'S NOS. 127 and 129 Y R. .L. PATIERSON' Civil Engineer -------- - — -- -7 , 61" A.W Al ... .... .... SL 06. -vf; ;o tz .... ... .. Op "I i'j j"" REMORANDhM COiNTY OF ORANGE PROPERTY Adjacent to Bulkhead Line Between Stations Nos. 127 and 128 1. Location The property lies between the State Highway and the:U. S. Bulkhead line . and extends 500 feet Easterly of the Northerly extension of former Central Avenue in the City of Newport Beach. The County of Orange received a grant deed from the La Habra Valley Land and Water Company which was Recorded October 17, 1923 in Book 495, page 45 of Deeds. This deed attempted to convey title to the Bulkhead Line. 2. Title Report A title report has not been secured. However, 2 am informed that the County secured a report several years ago which stated that the title was vested in the County subject to the rights of the City of Newport Beach to certain tide— lands and submerged lands. 3. The rights of the City are based on the fact that a portion of the property • is tidelands and submerged lands granted to the City by an Act of the State Legislature, (statutes 1927, page 125, chapter 70). The County does not have any claim to tidelands and submerged lands as the surrounding area was within the City boundary in 1919 when the County received. a State grant of tidelands and submerged lands lying outside the corporatellimits of the City. 4. Boundary between Tidelands and Uplands There is no confusion in the vicinity of the County property as to the exact location of the City boundary in 1919. The annexation of the Newport Heights area to the City on February 26, 1917 included all of the property in question. The important item is the establishment of the ordinary high tide line as it existed in a state of nature, undisturbed by man. No harbor improvements had been .made prior to 1920 in the Northerly and Westerly part of Newport Bay nor in the vicinity of the property. The County dredging project of 1920 included the dredging of the Turning Basin adjacent to the property and the.filting of the property to -its present elevation. 5. The County Counsel has made the statement that the City did not have title to any tidelands or submerged lands in this area by reason of the State Grant of . 1927 to the City because the lands claimed by the City are a part of the abandoned Santa Ana River channel and not tide lands under the law and, further, the State does not have the legal right to give away river beds. . 6. Santa Ana River The Santa Ana River emptied into Newport Bay until January 1st, 1921, when the present outlet was completed by the County of Orange as a part of the first harbor improvements made by the County. The construction of the Bitter Point Dam in the vicinity of 57th Street diverted the river to the new outlet, and prevented further silting of the harbor waters. 7. The question of where the Santa Ana River terminated and the limits of the inlet or Newport Bay is a question of law; however, from my preliminary inves- tigations, it is my interpretation that the lands claimed by the City are a part of the original inlet or Newport Bay, therefore are tidelands and submerged lands belonging to the City by virtue of said grant from the State in 1927. I base my conclusions on the following: (a) The description of the Minto Survey made in 1883 of the Rancho Santiago de Santa Ana as contained in the U. S. patent followed the ordinary high water mark of an inlet from Station S.S.A. No. 120 through the property claimed by the County; therefore, the deed to the County only included land above the ordinary high water mark. The fact that the description placed the start of the inlet about 1.4 miles Northwesterly of the County property in 1883 indicates that the mouth of the river was North- westerly of the property. As a matter of fact, the map accompanying the Minto Survey indicates the mouth of the Santa Ana River to be in the approximate location of the present river outlet to the ocean. (b) The Survey made by W. P. Renyond April.to June, 1868, placed the mouth of the Santa Ana River in the vicinity of the present river outlet to the ocean. (c) The Survey made by Moore and Kelleher in 1876, placed the start of the inlet at Station S.S.A. No. 119 which is on the Southeasterly'side of the present river outlet to the ocean. (d) Minto's Survey of 1883 used the same courses and distances as the former surveys; however, he placed the start of the inlet at Station S.S.A. 120 which is one-half mile east of the former surveys. Inspection of the various naps and the S. H. Finley survey of 1889 indicates.that accreations had occurred after the 1876 survey between S.S.A. Nos. 119 and 120 which probably caused Minto to place the start of the inlet further Eastward. (8) The S. H. Finley Survey of 1889 was an attempt to survey swamp and overflow land which he considered apart of the public domain. The U. S. Land Commissioner by letter, dated May 22, 1890, ordered the omission of the Finley Survey of all lands lying Northerly of Newport Bay and the portion of -2- (*o the bay or inlet designated by Finley as the Santa Ana River as said lands were not a part of the public domain but were accreations to the Rancho Grants. Therefore, it is my opinion that the'Finley Survey of his so-called North bank of the Santa Ana River does not carry very much weight. (f) The U. S. Coast Survey made a survey of Newport Bay in 1875 which extended westerly to what now is about 62nd Street. This survey is shown on a map entitled "Newport Bay or Santa Ana Lagoon and Approaches, Cal. 1875." This map indicates the river extending Southeasterly to a point opposite U. S. Bulkhead Station No. 130 which is in the central portion of Newport Harbor. The title of the map and the elevations would indicate that at that time, the entire area covered by the map was subject to the ebb and flow of the tide. (g) It is apparent from inspection of various maps made prior to 1912 that the Santa Ana River extended to a point opposite U. S. Bulkhead Station No. 130 in the central part�of Newport Bay, and undoubtedly, the average layman commonly called the tidal slough adjacent to the Bluffs, the "Santa Ana River." They did not refer to the tidal slough adjacent to the peninsula as a part of the river which was as much a part of the river as the slough to the North. The truth of the matter is that it was not important at that time whether the tidal slough was called a river or not; however, since then the legal determination of what is tidal waters has become important not only in Newport Bay but in other harbors throughout the State. (h) The Corps of Engineers,-U. S. Army, in charge of rivers and harbors for the Federal Government, made a survey of Newport Bay in 1912 with a view to establishing harbor lines. The harbor lines consisting of bulkhead lines and pierhead lines were established by the war Department in 1917, pursuant to an act of Congress in 1916. The harbor lines were placed on the Map of the 1912• Surveys which. is entitled "Newport Bay, California, showing Harbor Lines, U. S. Engineer's Office, Los Angeles, Cal. Accompanying Report of March 25, 1913," which was approved by the War Department on January 18, 1917. This map shows the Santa Ana River as being Westerly of the former Central Avenue Bridge which is on the Westerly side of the property in question. ' -3- • (i) The Federal Government's interest in Newport Lay, at that time, did not rest on ownership as all tidelands and submerged lands were owned by the State; but the Government was interested in knowing 'the limits of its jurisdiction there over matters pertaining to inter- state and foreign commerce which have been assigned to it in the Federal Constitution, and the scope which the Federal harbor lines may be shifted without legal need of compensation to private parties. For it is within the province of the Government from time to tine, as needs required, to appropriate or set apart any areas within the.original ordinary high tide line or for channels and anchoragesfor interstate or foreign commerce, and for wurks to improve and protect them, and for lighthouses, beacons, radios, etc. to guide navi- gation, and depots for plants necessary for such works, and, possibly, for Army and Navy works to protect commerce, and fot Immigration Station, Marine hospital, and Quaran- tine purposes, needed in connection with conmerce. But the Government acquires no title by such exercise of its jurisdiction, if unaccompanied by a grant from the State. (j) It is well to note that the State acquired tidelands and - submerged lands from the Government under the same trust and conditions as these lands were set apart for by the • Government, namely commerce, navigation and fishing. The U. S. Engineers in making their survey in 1912 took sufficient elevations to determine the ordinary high tide line; however, the line as not placed on the nap as the legal elevation of the ordinary high tide line had not been clearly established in California at that time. Only the low tide line and the high water mark were shown on the map. (k) The establishment of harbor lines by the Government, in effect, sets apart all lands within the Bulkhead lines as being required for navigation and commerce whether they be uplands or tidelands or submerged lands, and no one has any further right to make improvements or disturb the said lands without a Government Permit, and any such permits are subject to being revoked in the interest of commerce and navigation.. The Government has no right to take privately -owned uplands within the harbor lines without just compensation; however, it does have the light of improving tidelands and submerged lands within the harbor lines it establishes, in the interest of commerce and navigation, even though the ownership to such lands is vested in the State or other local govern- mental agency. -4- ,. (1) Therefore, it is my opinion that the Government in the establishment of harbor lines in 1917 recognized that the tidal waters of Newport Bay extended to a point Westerly of the property claimed by the County. In .,view of the fact that this was prior to the State grant to the County in 1919, it is my interpretation that all local interests were familiar with the harbor lines as established by the Government, and that the Bay extended " Westerly to the former Central Avenue Bridge, which was the Westerly limits included within the harbor lines. While the harbor lines were terminated at this paint, they were not connected across the -channel but left open for future extension to the West when required. (m) Superior Court Case No. 23686, Recorded in Book 201, page 253, of Official Records, established the ordinary high tide line of the Pacific Ocean in Newport Bay in the area Westerly of the former Central Avenue Bridge; said line along the Northerly side of the Bay was designated the "North Line" and the North Bank of the Santa Ana River. This decree line was validated by the State Legislature (Statutes 1929, page 274, chapter 142). (n) Superior Court Case No. 23687, City of Newport Beach vs La Iiabra Valley Land and Water Company et al, Recorded • September 19, 1928 in Book 199, page 273 of Official Records, established the ordinary high tide line as being on the Bulkhead line extending Southeasterly of the County property. The Court Decree was confirmed by the State Legislature, Statutes 1929, page 274, chapter 142. This Decree does not mention the Santa Ana River. (o) Newport Bay and Santa -Ana River were declared navigable by State Legislature in 1913. Statutes 1913, chapter 288, page 538, in effect June loth, i913. "Certain streams and waterways -declared navigable and are declared Public Ways. Newport.Bay, in the County of Orange, and all arms thereof, the sloughs .connecting therewith in which the tide ebbs and flows including the Santa Ana River where it empties into said Bay, up to a point cohere said Santa Ana River is intersected by the East boundary of Section 19, T6S, RlOW." (In the vicinity of Olive Street) —5-� . (p) Section 2349 of the Political Code was amended in 1933 Statutes 1933, chapter 2349, page 811, in effect August 21, 1933. "Declared Navigable: Newport Bay, in the County of Orange, and all arms thereof, including the sloughs connecting therewith, in which the tide ebbs and flows, including the former bed of the Santa Ana River from a point where said Santa Ana River emptied into said bay up to aline extending across the former bed of the Santa Ana River which line is the 'Northeasterly extension of the North- westerly Line of the 'Rialto'." (q) Statutes 104 of the Harbor and Navigation Code was amended in 1939. Statutes 1939, chapter 613, page 2034 "The following streams and waters are also navigable and are public ways: -Newport Bay in the County of Orange and all its arms and sloughs connecting with the Bay, in which the tide ebbs and flows, including the 'Rialto' and the 'Rivo Alto'." 8. It will be noted that the State Legislature has never determined where the Santa Ana River emptied into the bay but only established the Westerly limits of navigable waters or ebb and flow of the tides. The 1913 Act placed the Westerly limits of navigable waters on the section line near Olive Street. The 1933 Act placed the linit at the Northeasterly extension of the North- westerly.bank of the Rivo•Alto.. This description seems to be faulty, as I believe the intent was to extend the Southwesterly line of the Rivo Alto Northwest across the river. It will also be noted that the 1933 act refers to the former bed of the Santa Ana River which w6.uld have some legal bearing as to whether lands below the ordinary high tide line in this particular area *ere tide lands and submerged lands or a part of the river bed. 9. Mr. Ogle's contention that the State Grant of 1927 to the City did not include the river bed where the tides ebb and flow, is a legal question; however, I believe that Superior Court Cases No. 23686 and 23687 will show that the river emptied into the bay somewhere Westerly of the former Central Avenue bridge which was Westerly of the County property. 10. 1 have not attempted to look up law with regard to title to river beds: howaver, 1 did run across an Act of the LeSislature which gave the Director of Finance the right to dispose of abandoned river channels. An Act to Amand Section 675 of Political Coda relating to Department of Finance. Statutes of 1931, pages 850 and 851, chapter 326 (effective August 14th, 1931) "Director of Finance shall have cower :.................. to grant and convey by Deed or otherwise to abutting property owners all the right title and interest of the State of Cali- fornia in and to abandoned river channels." The City has never received a Deed from the State to any portion of the Santa. Ana River. 11. It will be noted that the Act of 1939 concerning navigable waters in Newport Bay included the Rialto and the Rivo Alto without any mention of the Santa Aida River. At that time, all of the land Westerly of tie Northwesterly terminus of the Rialto had been reclaimed by the depositing of dredaed materials as a result of the 1934 - 36 harbor nro-ect. This legislation was secured by property owners West of the Central Avenue t• Bridge who desired the West Newport channels be included in Newport uarbor so that governmental agencies could legally improve and maintain the channels. 12. An extensive research of the laws and court de cis ions 'pertaining' to' the limits of a river which discharges into a tidal inlet or bay should ba made. A legal opinion should be secured as to what is the bank of a river -n a tidal inlet where the tide ebbs and flows. is the bank the ordinary high tide line or is it a-ove or below the ordinary high tide line? From an engineerina viau_,oint, I contend c.at it wouid*be alonL! tale ordinary hiZh tide line, elevation 4.6 in Newport Bay. 13. If my contenticns that the original boundary of --.^.e City of Newport Beach, described as '$he Norta bank of the .Santa 5w a liver, followed the ordinary hig.: _`_de line and that the river amnried into the inlet or bay somewhere I-:estarly of the former Central Avenue Bridge, car. be substantiated by law, then the City does have title to certain tide lands and submerged lands within the property fronting on the U. S. Bulkhead line Easterly of the Easterly line of old Central Avenue, claimed by the County and, further, if these contentions are COYYCCt, t::e^. the Gl-cy has titlee t0 all Of the 14.6 acre parcel Southeasterly of Tract No. 919 by virtue of the 1927 grant from the State, the Grant Deads from the Irvine Company and the County of Orange. R. L. PATTERSON Fearuary 1951 -7- ,. ", . • EXHIBIT NO. 7- REPORT ON NEWPORT BAY, CALIFORNIA TO THE SECRETARY OF WAR - BY ,: `.: -:: ; p:.;r'•;: _: _ _; LYTLE BROWN ' - 1�1'' _t - V T}".raj:• Jfi 1(�a :.r:, -. - NWO GENERAL , . ,:;1• ^ „� ."n°. \}':r- -'•z_.:]'f�i .. -��,�,>v: f'-.i;C•;l.ti'p.Y•ry4.!i'f4, .I. ' NA</'~a:(.{e;1'1..'. •wJ(:rt :vi•. w•Ilr 1.r!` r•�I" u-/, 'V :' ( t. fi ":f' +'lL' '.�"', _ 2i-':,.;.'Q •.rlj '- ^.y.9sr., /ri - . x,�F' �'r%t,� 1': : 4�, :�. Ltl {/ � f . :1 :'.kc�^1'_ ' �ti"' •Y1,'• " i -I : _ .::1; ..1i•_�u� ..:'1ti .. • � CHIEF' OF 'ENGINEERS r.Jl��—...C.•••-`Y s -%>:n_?,•r J r, t ,. ..il r' .Y:� _ .Si lei - [Fi,'•v.5 i -Jµli ,*sr { • -.`.',: .;� ,C: .- .' •, ,}',^.. _., :".,.:. �, -- .\. ''i 1933->; _ "i:S'.:` :iG 3✓:Yin• �•[i' •`'a,.$ ,r��.,z.• Y" ;��•, ,�� s "~: ''e,�Y.a ... �..- :a:"ail.. •1, �..1 '�•'. a;t•r� e[ . i•T •'f -'.' •! - C.,^ et .,`A`' _S•L: '•1: .1.:�"^, LY.rS..s'_-':., li y, _ T .M }ice•` ..,, �1:?. , I,,S.pN �:y �. Lh �•1 r.•c', )• - F^{�r'A1,", ''rP •t;+;,a.a+.":,r•Nj`.'7;.+,_ v. kl:(" A, xt�--.',:� wl-.3'`.:5`4 Vl(11i a�f`,,;I ,.l �,^�, r..11_FihP, a•C�I-t "'_'�,vt�f 4�•.f,' l,.r - - .:1:::. - Yt °r h: - 'r�.If:i"_ -"� _ a:.. Iu�Vi �.P`.>ry,- ,.I t." tiJ'. J,- �. J:I r,..; ,.41J :1•':-.�[ l��.r•i .` I '':1 r ^-`.. •(,y. •i_i •-��✓1,-::::V .•tl fir ••ai ,. ••t 1 ). - Y-_- ,� r(•�� . .I - •rlti.YJ'Yt�" �'i'•'i5'•),,•k'nr»,i'�•': ��",'1, [. It It tI '(l. , �._-,r �i �,-`f'`.}'i' •t ..t ..i ._-" .-� ,n5:•ii�Rr�-�'Jwlf.3.u:a_�.:,..:M-\',:.I:.,.J . _ � . ..... r. ... ".. .. � av rt Y_.. - .. .I COPY • WAR DEPAIMIENT Office of the Chief of Engineers Washington _ Address,renly to Chief of Engineers, U.S. 'Army, - Washington, D.C. Refer to File No. 7245 (Newport B., Calif.) 22 Subject: Report on Newport Bay, Calif. TO: THE SECRETARY OF WAR. 1. I submit, for transmission to t Works on his request, a report on the improvement o preliminary examination and survey of this bay was harbor act approved September 22, 1922. The repor September 25, 1933. t 2. Newport Bay is a shallow coastal sound about 25 miles south- east of Los Angeles and Long Beach Harbors, and is separated from the ocean by a low sandy peninsula. No project for its improvement has been authorized by. Congress. Local interests have constructed jetties at the mouth of the bay and dredged interior channels. The entrance channel between the jetties is crooked and affords a controlling depth of about 17 feet. The inner channels have depths ranging up to 20 feet. The reported cost of the improvements made by local interests is $2,262,000. 3. The city of Newport and several smaller towns, are located inconsiderable, but the bay is largely Beach, with a population of about 2,200, on the bay. The present commerce is used by yachts and pleasure craft. 4. The improvement desired is the extension of the jetties; dredging of an -entrance channel 20 feet deep and 500 feet wide; enlarging the main inner channels and turning basins to 20 feet with increased widths; providing a yacht anchorage basin 15 feet deep; and dredging the remainder of the bay to a depth of 10 feet. The estimated cost of these improvements is $1,835,441, of which $633,000 is for jetty construction. 5. The district engineer reports that the plan of improvement desired by local interests is in general a suitable one for the development of the harbor as a recreational center. He doubts, however, whether the immediate extension of the jetties is necessary. He is of the opinion that the benefits '• (0 7245 (`dewporr B., Calif.) 22 -2- to be anticipated are entirely local in character, improvement be not undertaken by the United States expressed the view that.it warrants consideration by means of a loan and grant as therein provided. concurs in these views. Letter to Secretary of War. and recommends that the as a Federal project. He under the Public works program The division engineer 6. After due consideration of these reports, I recommend the improvement as proposed, provided local interests contribute one-half of the cost, and in the understanding that they will furnish also free of cost to the United States, all necessary sights of way and areas for the disposal of dredged material. The 'Latter requirement will not be a burden upon the locality since the material will be used in reclaiming low-lying land adjacent to the bay. The general benefits in the creation of a sheltered harbor for pleasure craft and in relieving the congestion in Los Angeles Harbor by affording a more suitable port for such craft warrants, in my opinion, the undertaking by the United States of the work on a fifty per -cent basis. I therefore report that the improvement of Newport Bay Harbor, Calif., is deemed advisable by the construction of entrance jetties, 900 feet apart, 2,860 feet and 1,620 .feet in length, respectively; and dredging an entrance channel 20 feet deep by 500 feet wide, main inner channels to 20-foot depth and suitable width, a yacht anchorage basin to 15-foot depth, and the remainder of the bay to a 10-foot depth, all at an estimated cost of $1,835,441 for new work; subject to the conditions that local interests shall contribute one-half the cost of the improvement, not to exceed $915,000, furnish, free of cost to the United States all necessary rights of way, and disposal areas for the dredged material. Lytle Brown, Major General, Chief of Engineers. .•S:-`rc�.+'cT .' �>•ti,$,`,:7 '-�5,`.e%.: � ., .rttYi?'rr +••n.1r•,1'; : •I•i' r•`s., . ;tiff;: s "' ' ._ Cls.. ; j'w��; ;. - _ • • ..• n4'� ' �'} • r J •_• [ �%SY.''• '1y4 J'^nG� �1 :Flln-.: r �x i:. :.gip-' J• ;J� -'si. p�.:".L EXHIBIT. 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'Y'-•�..6�_fi.S iiJ`."{Y ly; ..L' ..; v;iJ: tl'•:e 4"ix:..r` C.w`Pk•'J•r _d'.#iur: _,LbfSr;4x}tt '-` Tt� .(.':„ l ti. � L•'-/ �t:.i n _ 5;... f.-4;y .?�`::}, :4 dt "=ice'^�*i•"`3 .(»i'xcr:•tdY.'T{i•I iso-:}'•�.der"�fiars;.��3,t1:=:�a�,.ie:c':{..'Cjy'':Y}:a�•^�'z.,S.'v'r�lL4 ��•�'•; eicPys`..:y' :.��:''^XR'•",;,rlr•!�i"'r�.iy'°'c1�,_�:e..rr_.r .':i �y - '. _�� x _ tie. :4,Y 1 r. ...j• •5' 4?r=,?: :rV �_• tJ,y�,,tt y{2. .%n .':'. �.' ..,.� r{'11((rTT�'�'•'T�++j)� •}�'w.. - .<1..� (n}}',=_; :;i�,, y,Nrnt1 Yaj 'M1t� tS 1'�'' '"F�J, J'i:F.0 xV. w_r t-.-BET'NEEN,-45th STREET`iANA.^ 1�- � J13[1:ET` _r • F' _3b.��t..4,".... �7'.•, ,i3ru q5^ »'ti'; �b.�`�•.�t:•<�S'>¢a'r«�`:u.' env: ;p,. n i.? .ry `.�: `L`.:j •"•.�i'"'t5,'rA'M•r}J -t t`c"., �•; ?:: e-:xn:='+u'fN. �� `v.•.! '.f y,,l-,_ ,'t�,r.'w u, rrr 'x,:- p.'z"'< : i'a 1 • t` . y..-,.__..",:'T',.,t. ,�,..,;,,,.. �;i?<!'," ,••,:,T+_,L•=a'�"rat v"l. n� "'.�S'Si1�e.iz�?�e..•..�ni ni-z... a_" v-:. �r'i.;:';, _2.5 r r__.`.. a'- ri L YJ��4;1F•«<,1, ,.`f 'y,'y�1G=t"r{�:?Y �y"_r'�x •�r'�'j,'J�.1�'�i'Yr�<4.:°';5,.byt7.�:X:�,'^^l-Y..r;`. r'',n. �'!'�_ .'Y _,. �r tS���t�;'. S"�-b"++i` ua }•,;�r� o.:n'/5 iv v .tii pc + Y.."' Lk�'cr c. :o-r.::.A n�x,7• •,(; ,t, ••.� `k�•�,�.[r r.•'hi:.� > .YS,...•..f.> rM1 Y`ra.�n.:l"'4.,�r %•r. ?•}4`rc;»�''r ,('a: �?r,..r�`+f.e�'+h4'':. r .. .a rit.'ir. !`-�. S.L,� ix:t's: u�rio.. .1°.f••'ut�e.'�`rbSi?tbMiu'-,; 0 LIST OF t SUDDIVIS109S IN CITY OF NE"ejIPORT BEACH, OP,L;GE COtTLITY CALIFOPNIA ,. A. PRIOR TO JULY, i919 TITLE M."!. & PACE DATE LOCATION Map of 'Newport Beaca 3 - 8 6-10-1902 iiewport Pier to AOth St. Replaced by '•C-i 3 - 26 .iap of Newport Beach 3 - 26 2-16-1904 Jewport Pier to 40th St. 1st add. " 3 - 9 6-16-1902 Newport Pier to loth St. Replaced by 7.*i 3 - 27 1st Add. " 3 - 27 2-16-1904 Ne:nort Pier to 16ti1 St. 3rd Add. " " 3 - 31 6-27-1904 OceanFront from 38th to 48th St. t • " 6-27-1904 19th St. to 7th St. 2nd Add. 3 - 32 Replaced by 'M 4-27 and '-al 3-33 ,lap of past Newport 3 - 33 7-6-1904 9th St, to East of •Fernando St. L ep'laced Map of East ?lewport 3 - 37 8-3-1904 9th St, to Alvarado St. -1- � 4 •N TITLE :4.X. 6 PAGE DATE LOCATION Subdivision of Block "C" _%ewpo•rt Lay Tract 4 - 29 9-18-l', Alvarado St, to Point ', " if It 5 - 25 7-11-1908 Last of Fernando St,. Subdivision of Block "A" East Cewport 4 - 51 3-12-1906 Buena. -Vista St. to - Alvarado St. N. of [lay Ave. Bayside Tract 3 - 38 9-7-1904 Replaced by :-C•[ 4 - 11 and 101 4 - 78, Exc. Nth of Bay Ave. and between Pala and Washington Corona del Liar 3 - 41, 42 9-7-1904 Annexed to City in 1924 iesubdivi.sion of Corona del liar, South of Seaview Avenue 4 - 67 7-10-1906 Annexed to City in 1924 Balboa Tract 4 - 11 5-27-1905 Alley East of Coronado to "j" Street Subdivision of Portion of B1:c 9, Balboa Tract 8 - 37 7-22-1912 Washington to Main St. Ocean Front Section 4 - 12 6-8-1905 48th St. to 61st. St. Lake Tract 4 - 13 6-8-1905 26th St. to 36th St. North of Balboa Blvd, Newport Bay Tract 4 - 16 7-1-1905 Alvarado St. to Alley East of Coronado and Seaward of Bay Ave. Eastside Add. to Balboa Tract 4 - 20 7-25-1905 "B" St. to "L" St. Section "A" Newport Beach 4 - 21 7-28-1905 18th St. to 30th St. Worth of S.Pac.RR and Section "B" (See Tract No. 814 Also) -2- • —TIT Ls `I.'?. & PAGE DATE LOCATION 'lap of River Section 4 - 25 8-7-1905 36th St. to 61st St. and '.forth of P.E.P.R. Section "B" Niewport Beach 4 - 27 8-15-1905 19th to 9th Sv.• Sub. Bli:. 227, Section "A" 4 - 36 12-8-1905 26th to 30th St. Lancaster's Addition 5 - 14 11-23-1907 The Judson to 26th St. East of Newport Blvd. Balboa Bayside 4 - 78 11-30-1906 Bay Ave. to -Palm First Add. to Newport Zei hts 4 - 94 3-13-1907 Irvine Tdest Map of Canal Section 4 - 98 3-20-1907 B1k. 145 - 634 Bayfront Sec. Balboa Tract 6 - 15 10-15-1909 Washington to "L" St. I`• BALBOA ISLAND Two Subdivision 'Maps, Designated "NEI-'ORT ISLAND" were filed in i•?.P.. 4 - 34, November 10, 1905, and Revised by ll.B. 4- 42, 43. This proposed Subdivision was adjacent to the Southwesterly line of Balboa Island. BALBOA ISLAOID - Sec. 1 6 - 30 7-7-1910 I -lest of Collins BALBOA ISLAND - Sec. 2 6 - 31 7-7-1910 5 Blocks East of Collins BALBOA ISLAND - Sec. 3 7 - 15 5-8-1911 West of Onyx St. BALBOA ISLAND - Sec. 4 7 - 37 10-26-1911 2 Blks. East of Onyx St. BALBOA ISLAND - Sec. 5 8 - 9 5-9-1912 East of Grand Canal Tract No. 742 23 - 42 4-22-1926 P.esub. of Northerly portion of Sec. 5 Balboa Island -3- 7 TITLE M.M. & PAGE DATE LOCATIO.14 "S6ashore Colony Tract 7 - 25 7-20-1911 61st St, to Summit - ' El' Moro Tract 8 - 75 4-30-1913 Surnit to Ran& Line Tract :uo. 27 9 - 26 12-29-1914 Boulevard Addition to Newport Heights Tract No. 234 Tract No. 444 Tract No. 518 • Tract No. 756 Tract No. 772 Tract Yo. 710 Tract No. 302 Tract No. 814 Tract No. 815 Tract No. 907 Tract No. 919 B. AFTER JULY, 1919 13 - 36 & 37 3-4-1922 19 - 29 1-19-1924 17 - 33-36 6-30-1923 23 - 7 & 8 10-27-1925 23 - 5 & 6 10-24-1925 24 - 16 8-5-1926 24 - 7 7-20-1926 24-35-36 10-22-1926 26-43,44 1-5-1928 28-25-36 inc. 9-19-1928 29-31 & 34 4-26-1929 15th to 9th St. Ocean Front, Resub. Section "B" - loth St. to 17th St. North of Balboa Blvd. West of Santa rhea Ave. Ocean Front, West of Harbor Entrance "L" St, to Tract 518 on Bay Front Section 20 and 29 South of Santa River Channel North of Bay Ave. Vicinity of 7th St. Harbor Island West of Blk. 221 Sec. "A" Newport Bch.. S.E. of 32nd St. Lido Isle North of Bulkhead Line 129 - 130 I -Test of Irvine Ave. -4- • TITLE M.M. Ei FACE MfE LOCATION Tract No. 884 30-11 - 12 9-30-1929 8t1i to l9th St. on Bay Front Tract No. 948 30 - 6 t 7 8-13-1929 North of Tract 518 Tract No. 626 30 - 49 - 41 6-25-1930 15th to 10th St. along Bay Front Tract :io. 1090 M.,%I, 35 - 24 'Rest of 'Tract 948 "Tract No. 1006 33 - 29 10-25-1937 So. of Ocean Blvd. Corona del Mar Tract ,NI o. 1061 34 - 26 9-12-1940 East of 10th - South of Bay Ave. Tract :do. 1011 36 - 37 - 40 6-28-1946 N. of Canal Section (125 ft. Channel Reservation, OR.162-1 Hay 4, 1928, inc. Ptap) 4 Tract No. 3162 95-16-17-18 2-20-1957 Lido Sands • -5- LIST OF OFFICIAL AL4PS OF CITY OF NEIVPORT BEACH ALONG THE NEIVPORT-BALBOA PENINSMLA EAST OF 45TH STREET Map Resolution Orange County Official Maps No. No. Date Book Pages Date 46 12-1-1915 1 1 to 3 incl. 12-24-1915 (9th St. to Alvarado St.) 102 50 3-27-1916 1 4 to 9 incl. 4-22-1916 (Alvarado to "K" St.,) 107 87 12-17-1917 1 10 to 14 incl. 12-28-1917 (9th St. to 17th St.) 109 94 4-1-1918 2 1 to 23 incl. 4-4-1918 (17th St. to 45th St.) Qis c H-67-01 A ENGINEERING REPORT ON ORDINARY HIGH TIDE LINE CHANGES, ALONGYHE PACIFIC OCEAN SHORE LINE NEWPORT BEACH, CALIFORNIA TO CITY ATTORNEY .fIPR I L 19, 1961 Na, ,/ • R. L. PATTERSON, CONSULTING ENGINEER , NEWPORT BEACH, CALIFORNIA 'ENGINEERING OFFJCE OF R. L. PATTERSON NEWPORT BEACH, CALIFORNIA APRIL 1% 1961 MR. WALTER M. CHARAMZA CITY ATTORNEY NEWPORT BEACH, CALIFORNIA DEAR MR. CHARAMZA'e PURSUANT TO YOUR AUTHORIZATION, THERE IS HEREWITH SUBMITTED A REPORT ON MY INVESTIGATION OF THE LOCATION OF THE ORDINARY HIGH TIDE LINE OF THE PACIFIC OCEAN BETWEEN NEWPORT BAY ENTRANCE AND THE SANTA ANA RIVER OUTLET, WHICH IS ENTITLED 'ENGINEERING REPORT ON ORDINARY HIGH TIDE LINE CHANGES OF THE PACIFIC OCEAN SHORE LINE, NEWPORT BEACH] CALIFORNIA", APRIL 19, 1961, TOGETHER WITH EXHIBIT "An CONSISTING OF 23 MAPS. I SUBMITTED TO YOU IN 195% A PRELIMINARY REPORT OF MY INVESTIGATIONS WHICH SHOULD BE DISCARDED, AS IT HAS BEEN NECESSARY TD MAKE SEVERAL REVISIONS AND TO ENLARGE UPON THE INVESTIGATIONS. ` THE INFORMATION CONTAINED IN THE REPORT IS SUFFI— CIENT TO DETERMINE THE LOCATION OF THE ORDINARY HIGH TIDE LfNE ALONG THE SHORE LINE PRIOR TO CONSTRUCTION OF STRUCTURES AND DEPOSITING OF DREDGED MATERIAL ALONG THE .00EAN BEACH. STUDIES OF VARIOUS SURVEYS, SAND MOVEMENT AND LITTORAL DRIFT SHOW THAT THE BEACH BETWEEN NEWPORT BAY ENTRANCE AND NEWPORT PIER IS NOT A PROGRADING BEACH; -THAT IN A STATE OF NATURE, THE BEACH FROM 1889 TO 1912 WAS IN A STATE OF EQUILIBRIUM; THAT ALL THE ACCRETIONS THAT OCCURRED SINCE 1889 WERE ART.1— FIC4AL ACCRETIONS CAUSED BY MAN MADE STRUCTURES AND THE DE— POSITING OF DREDGED MATERIAL ON THE BEACH - THE HISTORICAL -.AND ENGINEERING DATA,, CONTAINED -IN THE REPORT, SHOULD BE HELPFUL TO THE ENGINEERING DEPARTMENT IN FUTURE PROTECTION AND DEVELOPMENT OF THE PUBLIC BEACH - RESPECTFULLY SUBMITTED, R. L. PA ERSON '� RLP/JF . E 0 u TABLE OF CONTENTS LETTER OF TRANSMITTAL INTRODUCTION SCOPE NEWPORT BAY ORDINARY HIGH TIDE LINE SURVEY MAY 1889 ORDINARY HIGH,TIDE LINE SURVEY OCTOBER 1904 PATENTS TO SWAMP AND OVERFLOW LANDS SUBDIVISIONS ALONG OCEAN FRONT SURVEYS BY CORPS OF ENGINEERS U.S.,ARMY JULY 1912 AND 1924 BEACH EROSION STUDY 1937-1940 SURVEYS BY LEEDS & BARNARD 1916-1922 SURVEYS BY CITY OF NEWPORT BEACH 1929-1932 HISTORY OF BEACH STRUCTURES (A) WEST JETTY AT NEWPORT HARBOR ENTRANCE (B) EAST JETTY AT NEWPORT HARBOR ENTRANCE (C) BALBOA OCEAN•PIER (D) NEWPORT OCEAN PIER (E) 36TH STREET PIER (F) 36TH STREET GROIN (G) SANTA ANA RIVER OUTLET (H) BOARDWALK ALONG OCEAN FRONT (I) IMPROVEMENTS ON OCEAN BEACH WAR DEPARTMENT PERMITS DREDGED MATERIAL DEPOSITED ON OCEAN BEACH ORDINARY HIGH TIDE LINE PRIOR TO CONSTRUCTION OF WEST JETTY AND DEPOSITING OF DREDGED MATERIAL ON BEACH SHORELINE CHANGES SANp MOVEMENT (�1SUMMARY PAGE 1 2 3 5 8 9 t1 17 18 20 20 21 22 22 23 2!4} 24 24 2 26 27 28 31 35 4o 48 r n MAPS EXHIBIT "A" ATTACHED) No. DATE TITLE 1 1875 SEC. X. U.S. COAST SURVEY, TOPOGRAPHY IN VICINITY OF NEWPORT BAY, CALIF. 'REGISTER No. 1392 2 1875 SECTION OF U.S. COAST & GEODETIC SURVEY. REGISTER NO. 1256,.NEWPORT BAY OR SANTA ANA LAGOON AND APPROACHES, CAL- 3 1878 SECTION OF U.S. COAST & GEODETIC SURVEY. HYDROGRAPHIC SHEET.No. 1418, SECTION X, PAC- IFIC COAST FROM SAN PEDRO BAY TO NEWPORT BAY 4 1887 BAR AT ENTRANCE TO NE-WPORT LAGOON. CONDITION IN MARCH 1887. SURVEY OF NEWPORT HARBOR, CALIF. FEBRUARY 15, 1888. REPORT BY U.S: DISTRICT ENGINEER.' 5 1889 MAP OF FRACTIONAL TOWNSHIP NO. 6 SOUTH, RANGE No. 10 WEST, SAN BERNADINO MERIDIAN, SURVEY BY S. H. FINLEY, DEPUTY U.S. SURVEYOR. (FIELD NOTES INCLUDED IN FILE) 6 1go4 MAP SHOWING FRACTIONAL SECTIONS 1 & 2 T, 7 S. - R. - 10 W. PER PATENT BOOK 1 PAGE 242, RECORDS OF ORANGE COUNTY, CALIF. BY PATTERSON & BOYLE, SURVEY NOTES OF 19o4 SURVEY•ARE IN C.E. FILE 24-3062) 7 1go4 EAST NEWPORT TRACE.^REC• AUG. 3, 1904) M.M. BK. 3, PG. 37 8 1g04 MAP OF BAYS•IDE• REC. SEPT. 7, 1904 M.M. BK. 3, PG. 38 9 1905 BALBOA TRACT. REC. MAY 27, 1905) M.M.BK. 4, PG. 11 10 1905 'NEWPORT BAY TRACT. REC. JULY 7, 1905 M.M. BK. 4, PG. 16 11 1905 EASTSIDE ADDITION TO BALBOA TRACT, REC. JULY 25, 1905, M.M. BK. 4, PG. 20 12 1923 TRACT No. 518. REC. MAY �1923, M.M. BK. 17, PGS. 33-36 13 1912 NEWPORT BAY, CALIFORNI,A,•SURVEY OF 1912, U.S. ENGINEER; Los ANGELES, CALIF. 14 1917 NEWPORT BAY, CAL. SHOWING HARBOR LINES, U.S.ENGINEER, Los ANGELES, CAL. APPROVED BY WAR DEPARTMENT FEB. 18, 1917 CITY ENGINEER FILE No. 53-8o3 53-8o3 156-3o61 1 o4-754 24-3o62 _ (PATTERSON & BOYLE) K-8 156-539 156-539 CITY ENGINEER No. DATE TITLE FILE No. 15 1.918, PLAN NO- 300•-.-R•6AN SHOWING -LOCATION OF CHANNEL TO BE DREDGED- PAUL E. KRES$LY, CITY ENGINEER- 108-33 16 1921 MAP OF CITY OF•NEWPORT BEACH, PAUL E. KRESSLY C.E. (COUNTY SURVEYOR - FILE 9-8111) _ 17 1920 ORANGE COUNTY HARBOR, NEWPORT BAY, CALIF - MAIN CHANNE4.,.TO ACCOMPANY APPLICATION TO ' SEC. OF WAR, MARCH 12, 1920 87-96o 18 1921 SECTION OF MAP OF-NEWPORT BAY, APPROVED BY WAR DEPARTMENTS FEB- 18, 1917, SHOWING LOCATIONS OF DREDGE DISCHARGE PIPES ON BEACH, 1920-22, BY R. L. PATTERSON, RESIDENT (R- L. PATTERSON) ENGINEER 26-690 19 1921 MAP SHOWING ROCK JETTY, ENTRANCE TO NEWPORT BAY, CALIF. LEEDS & BARNARD, CONSULTING ENGINEERS. 1-958 20 1924 ENTRANCE CHANNEL, �NEWPORT BAY, CALIF - SURVEY OF 1924. U.S. ENGINEER OFFICE, • Los ANGELES, CALIF- 13-768 21 1959 SHORE LINE CHANGES OF THE PACIFIC OCEAN, BETWEEN ENTRANCE TO NEWPORT BAY AND -THE SANTA ANA RIVER OUTLET. CONSISTING OF (R.L.P.) THREE SHEETS. R. L.- PATTERSON, CONS. ENGR- 24-664 22 196o ORDINARY HIGH TIDE LINE CHANGES OF THE PACIFIC OCEAN, BETWEEN HARBOR ENTRANCE AND ALVARADO STREET, NEWPORT BEACH, CALIF, - CONSISTING OF TWO SHEETS. R. L. PATTERSON, (R.L.P.), CONS. ENGR- 26-688 23 1959 PROFILES OF OCEAN SHORE BETWEEN HARBOR ENTRANCE AND NEWPORT PIER- CONSISTING OF SHEETS 2 &. 3 OF FIVE SHERTS.• R. L. PATTERSON, (R. L.. P. CONS. ENGR- 26-689 TABLES 1 DREDGE MATERIAL FROM NEWPORT BAY DEPOSITED bN OCEAN SHORELINE, NEWPORT HARBOR ENTRANCE TO SANTA ANA RIVER OUTLET 29 2 STUDY OF BEACH QUANTITIES SUBSEQUENT TO `'. DEPOSITING OF DREDGED MATERIALS- 1934-1959 44 (A) e 111 r 0 U • PHOTOGRAPHS No. DATE TITLE SOURCE 1 1910 LOOKING,UPCOAST FROM MAIN STREET BALBOA. VIEW SHOWING THE BEACH PRIOR TO DEPOSITING OF DREDGED MATERIAL- '•' P. J. WILSON 2 1910 LOOKING UPCOAST FROM 250 FEET S.E. OF "C" STREET - VIEW SHORING BALBOA'PIER, BUILT IN 1905, THE BOARDWALK AND GELTL£- SLOPE OF BEACH PRIOR TO DE- POSITING OF.DREOGED MATERIAL- P. J. WILSON 3 1912 LOOKING UPCOAST FROM "Al' STREET, BALBOA. SHOWING BALBOA PIER, BUILT IN 1905, THE BOARDWALK AND GENTLE SLOPE OF THE BEACH PRIOR TO -DEPOSITING OF DREDGED MATERIAL. ° P. J. WILSON 4 1912 LOOKING DOWNCOAST FROM BALBOA PIER. SHOWING NARROW BEACH WITH GENTLE SLOPE.PRIOR TO DEPOSITING OF DREDGED MATERIAL- P- J- WILSON 5 .1912 LOOKING UPCOAST 100 FEET S.E.; OF "D" STREET' BALBOA. SHOWING DAMAGE FROM STORM.. P. J. WILSON., 6 1912 LOOKING DOWNCOAST FROM "E" STREET, BALBOA. SHOWING DAMAGE FROM STORM- P- J. W'ILSON 7 1912 LOOKING UPCOAST FROM 200 FEET S.E. OF "D" STREET, BALBOA. SHOWING DAMAGE FROM STORM- P- J. WILSON 8 1919 LOOKING DOWNCOAST FROM BALBOA PIER. SHOWS NEW ' BOARDWALK, COMP-LETED JUNE 19,18, WEST JETTY COMPLETED APRIL, 1918; AND DREDGED MATERIAL DEPOSITED ON BEACH IN 1919- 9 10 11 12 AIR AIR PHOTOS 9 TO 14 TAKEN BY SPENCE AIR PHOTOS- 1923 NEWPORT HARBOR ENTRANCE LOOKING;UPCOAST, MAY 27- VI•EW SHOWING BEACH,FILL UPCOAST FROM WEST JETTY, MADE'IN 1919 - 1922,.AND FILL OF LOWLAND IN CENTER OF PICTURE 1923 BALBQA PIER, LOOKING DDWNCOAST, MAY 27. VIEW SHOWING WIDE BEACH AFTER DEPOSITING DREDGED MATERIALS DURING 1919 - 1923 PERIOD. ' 1923 LOOKING DOWNCOAST .FRCM'"8TH." STREET, MAY 27. ' VIEW SHOWING BEACH FILL S-E, OF "8TH" STRE'ET- SPENCE No. D-2 D-13 D-3 1922 NEWPORT PIER, LOOKING D0dNCOASV VIEw'SHOWING FILL ALONG SOUTH SIDE OF'BAY BETWEEN 19TH STREET AND 8TH STREET. FILL MADE IN 1918 - 1919 PERIOD. E-2895 IV r No. DATE TITLE SOURCE. 13 1928 NEWPORT "HARBOR ENTRANCE, LOOKING UPCOAST, APRIL 12. VIEW SHOWING EAST JETTY COMPLETED APRIL, 1928, • REVETMENT OF SHORE LINE AND EROSION OF UPCOAST BEACH TO "I"' STREET- E-1987 14 1936 NEWPORT HARBOR ENTRANCE, LOOKING UPCOAST, DECEMBER ~ 11• VIEV OF COAST LI,NE,ONE YEAR AFTER COMPLETION OF 1935 - 36 HARBOR PROJECT,•WHEN 7,500,000 CUBIC YARDS OF DREDGED MATERIALS WERE DEPOSITED ALONG THE , OCEAN••SEACH BETWEEN THE HARBOR ENTRANCE AND THE SANTA ANA RIVER OUTLET. .! E-7390 • PAGE 52 LIST OF LONG TIME RESIDENTS PAGE 53 lu INTRODUCTORY 1. THE CONSTRUCTION OF THE WEST JETTY AT THE ENTRANCE TO NEWPORT BAY,IN 1917-18 AND THE DEPOSITING OF ABOUT % 731,00o CUBIC YARDS OF, IDREDGED MATERIALS ALONG THE SHORE LIME OF THE PAC I F,I C !OCEAN BETWEEN THE HARBOR ENTRANCE AND THE SANTA ANA RIVER OUTLET DURING A 27 YEAR PERIOD FROM 19►9 TO 1946 IN CONNECTION WITH THE OREDG- ING AND IMPROVDMENT•OF NEWPORT HARBOR TOGETHER WITH THE DIVERSION OF THE SANTA 'ANA RIVER FROM NEWPORT BAY IN 1920 AT ITS PRESENT OCEAN OUTLET, HAVE CREATED A WIDE ARTIFICIAL SANDY OCEAN BEACH VARYING FROM 100 FEET TO,500 FEET, IN WIDTH, WHICH HAS REMAINED RELATIVELY STABLE EXCEPT -FOR SEASONAL CHANGES BETWEEN THE NEWPORT PIER AND THE SANTA ANA RIVER OUTLET. 2. THE C mYl OF NEWPORT BEACH ACQUIRED TITLE TO ALL TIDE LANDS, SUBMERGED LANDS AND FILLED LANDS BORDERING UPON, IN AND UNDER •THE PACIFIC OCEANg SITUATED BELOW MEAN HIGH TIDE LINE OF THIE PAClF'IC OCEAN, EXTENDING FROM THE 1929 CITY BOUNDARY LINE AT BUCK GULLY ABOUT 3800 FEET DOWW COAST -.OF THE ENTRANCE TO NEWPORT-BAY, TO THE NORTHWESTERLY CITY COUNDARY ON THE SOUTHEASTERLY LINE OF SUMMIT STREET NEAR THE SANTA ANA RIVER, A DISTANCE OF ABOUT 5.93 MILES, BY LEGISLATIVE GRANTS FROM THE STATE OF CALIFORNIA: CHAPTER 494g PAGES 1011 AND 16120 APPROVED BY THE GOVERNOR MAY 25, 1919 AND t CHAPTER 813g PAGES 1704 AND 1705,, APPROVED BY THE GOVERNOR JUNE 15, 1929, SUBJECT TO CERTAIN TRUSTS -AND CONDITIONS. 3. THE UPLAND PROPERTY, ORIGINALLY ACQUIRED BY INDIVIDUALS FROM i THE STATE,UNDER SWAMQ AND OVERFLOW LAND PATENTS, BETWEEN "E❑ STREET AND THE WESTERLY CITY LIMITS WAS SUBDIVIDED INTO SEVERAL TRACTS i n • DURING THE 1902-1911 PERIOD,, WITH LOTS FRONTING ON A STREET NOW KNOWN AS OCEAN FRONT. THE NARROW STRIP OF LAND LYING BETWEEN OCEAN FRONT AND THE 1889 SURVEY OF THE BOUNDARY -'LINE (ORDINARY HIGH TIDE LINE'OF THE PACIFIC OCEAN) WAS DIVIDED INTO BLOCKS. MANY OLD TIME RESIDENTS HAVE STATED THAT THE LOTS FRONTING ON OCEAN FRONTS ON THE LANDWARD SIDE,, WERE ORIGINALLY SOLD AS OCEAN VIEW LOTS AND THE STRIP OF LAND OCEANWARD OF OCEAN FRONT WOULD BE FOR PUBLIC BEACH PURPOSES. 4.' A PROGRAM OF ACQUIRING THE UPLAND OCEANWARD OF OCEAN FRONT FOR PUBLIC BEACH PURPOSES WA5 STARTED BY THE CITY IN 1915. ABOUT 2.13 MILES WAS ACQUIRED,PRIOR TO THE STATE GRANT OF 1919- SUBSEQUENT TO 1919 THE CITY ADOPTED A POLICY OF ACQUIRING THE REMAINDER OF THE FRONTAGE EITHER BY DONATION OR THE PAYMENT OF A NOMINAL AMOUNT OF *5.00 PER FRONT FOOT AND NOW HAS ACQUIRED 95.8 PERCENT OF THE 5.93 MILES OF OCEAN FRONTAGE LEAVING ABOUT 1350 FEET,, CONSISTING OF SCATTERED PARCELS OWNED BY INDIVIDUALS.. LYING BETWEEN ALVARADO STREET AND THE WESTERLY LINE OF TRACT N0. 518 NEAR "F" STREET. 5. OWNERS OF PROPERTY REPRESENTING 135.30 FEET WESTERLY OF MAIN I STREET AND 125.85 FEET EASTERLY OF "F" STREET HAVE FILED SEPARATE ACTIONS AGAINST THE CITY OF NEWPORT BEACH CLAIMING OWNERSHIP SEAWARD OF THE PATENT LINES WHICH INCLUDES ARTIFICIALLY FILLED TIDE LANDS AND SUBMERGED LANDS OWNED BY THE CITY. OWNERS OF THE REMAINING OCEAN FRONTAGE ARE PROBABLY AWAITING THE OUTCOME OF THESE TWO ACTIONS. SCOPE 6. THE SCOPE OF THIS,INVESTIGATION IS TO DETERMINE THE LOCATION 2. fT "10 I OA0 • N01 E 3TAR 6 3HT 3 ONA -63A38 5RAN3 OVA a3TAN I 380HW TART "l1HAHD 39SN1 c TART UH TO HOIHW 8 3HT OFTHE ORDINARY HIGH TIDE LINE (MEAN HIGH TIDE LINE) OF THE PACIFIC OCEAN AS IT EXISTED IN A STATE OF NATURE PRIOR TO CONSTRUCT- IONOF OFF -SHORE STRUCTURES AND THE ARTIFICIAL FILLING WITH BEACH RATERIALS ALONG THE SHORE LINE OF THE PACIFIC OCEAN EXTENDING FROM THEENTRANCE TO NEWPORT BAY TO THE EXISTING SANTA ANA RIVER OUTLET, ANDETERMINING WHETHER THIS SECTION OF THE BEACH IS A PROGRADING BEACH. THIS REQUIRED RESEARCH AND STUDY OF VARIOUS SURVEYS,, CHARTS,, MAPS,, RECORDS AND REPORTS PERTAINING TO SHORE LINE CHANGES ADSAND MOVEMENT ALONG THIS SECTION OF THE COAST LINE. NEWPORT BAY 7' LOWER NEWPORT BAY HAD TTS ORIGIN IN THE NATURAL ACCRETION OF MATERIAL CARRIED DOWNSTREAM BY THE SANTA ANA RIVER. THE RIVER WHOSE WATERS,, RATHER THAN STEM THE BREAKERS AND THE NORMAL DOWN COAST LITTORAL DRIFT., TURNED PARALLEL THERETO, MAKING AND PRO- LONGING A SAND PENINSULA. ACCORDING TO A BOOK PUBLISHED IN 1931 DYH.L.SHERMAN ENTITLED "HISTORY OF NEWPORT BEACH",, (1) THE SANTA ANA RIVER DISCHARGED INTO ALAMITOS BAY PRIOR TO I825. IN THATYEAR UNUSUALLY HEAVY FLOODS CAUSED THE RIVER TO ADOPT A NEW CHANNEL IMMEDIATELY SOUTHEAST OF THE H7UNTINGT0N BEACH MESA. BY INSPECTION OF U<S. COAST AND GEODETIC SURVEY CHARTS IT IS SEEN THAT DEEP WATER CONTOURS ARE RELATIVELY CLOSE TO SHORE EASTWARD OFHUNTINGTON BEACH, AND FAR OUT IN FRONT OF THE LOW LANDS -WESTWARD WHICH INDICATES MANY YEARS PRIOR TO 1850 WHEN FLOODS WERE GREAT THESANTA ANA RE.VER MUST HAVE DEPOSITED ITS DEBRIS TO THE WESTWARD NEAR ANAHEIN BAY OR ALANITOS BAY. 8. DEBRIS CARRIED BY THE RIVER WHEN PER-IODICALLY SWOLLEN FROM WINTER RAINS GRADUALLY EXTENDED A PENINSULA DOWN COAST REACHING A 8' G U POINT IN 1857 OPPOSITE THE NORTH ARM OF THE BAY, NOW KNOWN AS UPPER BAY, WHICH IS SHOWN BY OLD CHARTS AND IN DESCRIPTION OF PATENT TO RANCHO SAN JUAQUIN ISSUED IN 1857 WHICH STARTS AT A POINT ON THE NORTH SIDE OF AN INLET ABOUT ONE MILE FROM THE PACIFIC OCEAN. AT THAT TIME OLD MAPS DESIGNATED THE UPPER BAY AREA AS SAN JUAQUIN INLET, OR SAN JUAQUIN LAGOON. 9, THE GREATEST FLOOD KNOWN TO DATE OCCURRED IN 1861, AND THE PENINSULA WAS EXTENDED EASTWARD TO "L„ STREET ABOUT.2000 UP COAST OF THE PRESENT ENTRANCE TO NEWPORT BAY, AS SHOWN ON MAP N0. 1, ENTITLED "SECTION W U.S. COAST SURVEY, TOPOGRAPHY IR THE VICINITY OF NEWPORT BAY, CALIFORNIA," 1875, REGISTER N0. 1392, MAP N0. 2, A PORTION OF U.S. COAST CHART "NEWPORT BAY OR SANTA ANA LAGOON AND APPROACHES, CAL" REGISTER NO. 1256 WHICH SHOWS HYDROGRAPHY, AND MAP N0. 3, A PORTION OF "X° U.S. COAST AND GEODETIC SURVEY HYDRO - GRAPHIC SHEET NO. 1418 "SECTION 'X' PACIFIC COAST FROM SAN PEDRO BAY TO NEWPORT BAY, 1878u. CERTIFIED COPIES OF MAPS 2 AND 3 ARE ON FILE,IN THE OFFICE OF THE CITY ENGINEER. 10. A REPORT ENTITLED "SURVEY OF NEWPORT HARBOR'CALIFORNIAif BY U.S. ENGINEERS OFFICE, SAN FRANCISCO, CALIF., FEBRUARY 15, 1888,n I STATED, "IN 1884 THE ENTRANCE CHANNEL WAS CLOSE TO THE ROCKS WITH DEPTHS FROM 9 TO 11 FEET AT HIGH WATEP" , WHICH REFERS TO THE ROCKY HEADLAND AT THE BASE OF THE PRESENT EAST JETTY. MAP N0. 4 ENTITLED "BAR AND ENTRANCES TO NEWPORT LAGOON, CONDITION IN 1887" IS A PORTION OF THE MAP OR SURVEY CONTAINED IN SAID SURVEY REPORT OF 1888. THE EASTWARD SHIFTING OF THE ENTRANCE -WAS PROBABLY DUE TO THE MAJOR FLOOD OF 1884. ,. a 4. A x1 3M 19 St 108 IAZ 10H Ili X3 10 FIT • �' 0.0 ORDINARY HIGH TIDE LINE - 1889 11, S. H. FINLEY) DEPUTY U.S. SURVEYOR IN THE SPRING OF 1889 MADE AUURVEY OF THE SWAMP AND OVERFLOW LANDS UNFIT FOR CULTIVATION IN FRACTIONAL TOWNSHIP 6 SOUTH) RANGE 10 WEST) OF SAN BERNAD'INO MERIDIAN) AS SHOWN ON MAP N0. 5. CERTIFIED COPIES OF THE MAP AND FIELD NOTES ARE IN MAP FILE 24-3062 OF CITY ENGINEER. I2. THIS SURVEY INCLUDED ALL THE LANDS LYING OCEANWARD OF THE BOUNDARY LINE 'OF THE RANCHO SAN JOAQUIN AND RANCHO SANTIAGO DE SANTA ANA AND THE SOUTH BANK OF THE SANTA ANA RIVER AND EXTENDING NORTHWESTERLY -FROM THE ENTRANCE TO NEWPORT BAY TO THE. EASTERLY �. LINE OF THE RANCHO Los BOLSOS PATENT ON THE WESTERLY SIDE OF THE EXISTING SANTA ANA RIVER OUTLET.' :TnE MAP SHOWS AN AGGREGATE AREA OF1)034.84 ACRES OF SWAMP AND OVERFLOW•LANDS) UNFIT FOR CUL- 1 TIVAT ION. 13, THE FOLLOWING EXCERPTS PERTINENT TO THE OCEAN FRONT ARE COPIED FROM THE FIELD NOTES: (PAGES 1;,2 AND 3) "COMMENCED SURVEY ON THE 22ND OF APRIL 1-889 WITH A GURLEY'S ENGJ-NEERS TRANSIT IN GOOD ADJUSTMENT. FROM THE COR. OF TWPSo 6'AND 7 9 AND 10 W. IT BEING A 3° X 6° PINE POST iFz 'FT. ABOVE THE GROUND MARKED T. 6 S.S. 31 ON N.W. FACES WTT.H 6 NOTCHES ON EACH EDGE AND PITS 24" X 181° ON EACH LINE N.S.E. AND W. OF POST 6 FT. DIST.••AND MOUND ABOUT POST 2z FT. HIGH AND 5 FT. BASE. W. ON-S. BOUNDARY OF SEC. 36. VA-W 30°E. • TO' BLUFF OF RAVINE IIO FT. DEEP. TO W. BLUFF OF SAME., 38,50 TO CENTER OF RAVINE 115 FT. DEEP. 4O-00 TO TOP OF BLUFF AND FIND NO STAKE NOR PITS AS DESCRISED IN FIELD NOTES OF TWP. LINE. 4gTO WATER ON E. SIDE OF ENTRANCE TO NEWPORT SAY - DO TO W. SIDE OF SAME TO A POINT OF SANDY ACCRETIONS SINCE SURVEY OF TWP.•LINE. SET CHARRED STAKE 12 'INS. IN GROUND FOR MEANDER COR. TO FRAC. SECS. AND 36; DUG A PIT 3 FT. SQ.) 1 FT. DEEP) 8 LKS. W. OF COR. AND RAISED MOUND OF EARTH 2 FT. HIGH 5- • %2 FT. BASE OVER IT. IN PIT DROVE A STAKE 2 X 3 INS., 2 FT. LONG, 12 INS. IN GROUND MARKED M.C. ON, E. SIDE WITH T.7AS.1 ON S. AND R. 10 W. S 36 ON N. FACES; MEASURED THE DIST. OF 14.50 CHS. ACROSS BAY BY, LAYING OFF A BASE 3 CHS. LONG FROM THIS M.C.S. AND TRIANGING TO THE LEFT'TO POINT E. OF BAY GIVES AN ANGLE OF 780 182' WHOSE TANGENT FOR RADIUS OF 3.00 CHS. 13 14.50 CHS. THE DIST. r ACROSS BAY. 80.00.SET A POST 4 FT. LONG, 4 INS. SQ., WITH CHARRED STAKE 24 INS. IN GROUND -FOR COR. TO SECS. 1, 2, 35 AND •36, MARKED T. 6, & S. 36 ON A.E R. 10 W. S 1 ON SE. T. 7,-S.,,S. 1 ON S.W. AND R. 10 W.$.35 ON N.W. FACES WITH 1 NOTCH ON E. AND 5 ON W. EDGES; DUG PITS 18 X 18 X 82 INS. IN EACH SEC. 52 FT. DIST. AND RAISED A MOUND'OF SAND 2 FT. HIGH, 42 FT. BASE AROUND POST. LAND ON E. SIDE OF BAY FIRST CLASS DRY MESA, ON W. SIDE PURE SAND ABSOLUTELY WORTHLESS FOR CULTIVATION AND SUBJECT TO PARTIAL OVERFLOW AT EXTREME HIGH,TIDE. .(THIS CORNER IS AT BALBOA BLVD. AND. WES'6,L'If"E OF TRACT N0. 1090 R.L.P.) W. ON S. BOUNDARY OF SEC- VA- VA. IFOtE. \`` 34.97 TO ORDINARY HIGH TIDE LINE. OF PACIFIC OCEAN, SET CHARRED STAKE 12 INS. fN'THE GROUND FOR �IEANDER COR. TO FRAC. SECS. 2 AND 351 DUG A PIT 36 IrYs. SQ,, 1 FT. DEEP, 8 LKS. E. OF COR. AND RAISED MOUND OF EARTH 2 FT. HIGH AND 4 FT. BAk OVER IT. 1N'PIT DROVE A STAKE 2 X 3 INS---2 FT. LONG, 12 INS. IN THE GROUND'MARKED M C ON W. SIDE WITH T 7 S S 2 ON SAND R 10 W S 35 ON.N. FACE. (THIS POINT IS -25.24 FEET WEST OF 'E° ST. - - - R, L. P.) SOIL, PURE SAND. ., WORTHLESS FOR CULTIVATION, ° APR. 22ND 1889. (PAGES 27, 28 AND 29): . FIELD NOTES OF MEANDER LINES IN THE SEGREGATION SURVEY of T. 6 S., R. 10 W., S.B.M. COMMENDING AT THE MEANER COR. 34,97 CHS. W. OF THE COR. TO SECS. 1, 2, 35 AND 36 TPs. 6 AND 7 S. FOR STA. No. 1 OF MEANDER LINES. THENCE ALONG . ORDINARY HIGH'TIDE LINE OF THE PACIFIT OCEAN IN SEC. 35. CHS. VAR. 1 V301E. 1 N., 662°W. 27.30 TO STA. 2 THENCE 2 N. 6903',W. 21•.62 To STA. 3 & M.C. 61.42 CHS. S. OF N. W. COR. OF SEo. 35 r^� SOIL SANDY AND UNFIT _ FOR CULTIVATION. � GV 6. u • THENCE IN SEC- 34. VA- 14°30' E. 3 N- 74°21' W. 20.77 TO STA. 4 THENCE N. 79° W. 20.34 TO STA-. 5 If N- 72°551' W. 20.933. TO STA. 6 " N. 76°40' W. 20.54 TO STA- 7 & M<c- 1.24 cHs. S. OF 1/4 COR. BET- SEC- 33'& 34 SOIL SANDY, UNFIT FOR CULTIVATION- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - THENCE IN SEC- 33 CHS. VA- 14031,'E. N. 820 W. 20.80 TO STA. 8 THENCE 9 NO 33008g W- 10072 TO STA. 9 It N 5 " " W- EDGE P-C-S-Sa CO S- WHARF. THENCE 23.67 If to 10 N- 38042' W. 15-59 TO STA- 11 AND M.C. 18.4o CHS- W. OF 1/4 COR- BET. .SECS- 28 AND 33- SOIL PURE SAND UNFIT -FOR CULTIVATION. . - - - - - - - - - - - - - - - - - - - - - - - - - - - CHS. THENCE IN SEC. 28. VA. 14030' E. 11 N- 38045' W- 34.50 TO STA- 12 AND M-c. 13-10 S- OF 1/4,SEC. COR. BET- SECS.. 28 & 29 SOIL PURE SAND, UNFIT FOR CULTIVATION- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - _ THENCE IN SEC. - VA. 14030' E. 12 N. 4u°7' W. 18.26 TO STA. R. THENCE 133 N- 510-3/40 W. 9.23 TO STA- 11F ,' 11+ N- 560,4o' W. 23.?5 TO STA. 15 15 N. 580371 W- 1 - 7 TO,STA•- 16 " 16 N. 56022' W. 20.84 TO STA- 17 & M-c- 73.14 W.. OF THE N.E. COR. OF SEC. 29, SOIL SANDY UNFIT FOR CULTIVATION- ` APRIL 27, 1889. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - THENCE IN SEC- 20 W. 14030'. E. 17 N- 55020' W. 8.34 To M.C. 4.74 cHs. N. OF THE S.S. COR- OF SEC- 20 SOIL SANDY- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - THENCE IN SEC. 19 CHS. VA- 14030' E. N. 55°20', W- 11.66 TO STA.- 18 THENCE 18 N. 50013' W- 5-79 To STA., 19 & STA. No 67 OF Ro. LAS BOLSAS- (THIS POINT IS ON THE WEST SIDE OF SANTA ANA RIVER - R.L.P.) PAGE 4n THE LAND SUBDIVIDED AND SEGREGATED BY ME AS SHOWN IN THE 'FOREGOI,NG PAGES -OF FILED NOTES CONSISTS OF LEVEL SWAMP LAND? •\C•%'' SALT MARSH AND SANDY LAND BOUNDED,ON THE NORTHERLY AND EAST- 7- r ERLY SIDES BY A STEEP BLUFF ALMOST-40 FT- HIGH, WHICH'MARKS THE LINE OF THE ROS. SAN JOAQUIN AND SANT:IAGO DE SANTA ANA AND ON THE S- WESTERLY SIDE BY THE PACIFIC OCEAN., IT I$ SUBJECT'TO TIDAL OVERFLOW EXCEPT A STRIP OF SAND ALONG THE SHORE OF. -THE OCEAN VARYING FROM TWO TO TEN CHS- IN WIDTH, BEING NARROWEST IN SEC. 29 AND WIDEST IN SEC-•33- '-THIs STRIP IS OF PURE SAND WITHOUT VE,GETAT•ION•AND IS CONSTANTLY UNDERGOING CHANGES :THROUGH THE ACTION OF WINDS AND WATER- TO'MY PERT-ONAL KNOWLEDGE ALL THAT PORTION IN SEC- 36 AND A GREAT PORTION OF SEC- 35 HAS BEEN FORMED WITHIN THE LAST ,ELEVEN YEARS. THE WAVES BREAK ACROSS THE SAND DUNES IN,MANY PLACES AT ANNUAL HIGH TIDES- IN MY OPINION THIS SAND IS ACCRETIONS TO THE 'SALT MARSH AND IN THE SURVEY I HAVE TREATED ' IT AS MUCH- S. H. FINLEY U..S. DEP. SURVEYOR CONTRACT DATED FEB- 7TH, 1.859. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 14. THE FIELD NOTES SHOW THAT THE SURVEY OF THE ORDINARY HIGH TIDE.LINE WAS MADE,IN THE BALBOA AREA ON APRIL 29TH •• . ORDINARY HIGH TIDE LINE - 1904 • 15. ESTABLISHMENT OF FRACTIONAL SECTIONS IN T- 7 S- - R. 10 W. ON THE PENINSULA AND THE ORDINARY HIGH TIDE LINE OF THE PACIFIC OCEAN ALONG THE OCEAN FRONT EASTERLY OF "E" STREET WAS MADE IN JUNE 1904 BY S. H. FINLEY,-DEPUTY U-S. SURVEYOR.- A CERTIFIED COPY OF THE FIELD NOTES OF THE SURVEY IS IN MAP.FILE 24-3062 OF THE CITY ENGINEER. 16. S. H. FINLEY FOUND IT NECESSARY IN 1904 TO REESTABLISH THE CORNER TO SECTIONS 35 AND 36 T. 6 S.R. 10 W. AND SECTIONS 1 AND 2 OF T- 7 S. R. 10 W. AND THE MEANDER CORNER 34.97 CHAINS WEST THEREFROM AT THE LINE OF ORDINARY HIGH TIDE OF THE PACIFIC OCEAN, SET BY HIM IN HIS SURVEY OF 1889. IN ORDER TO DO THIS HE FOUND THE CORNER TO SECTIONS 26, 27, 34 r AND 35 AND OLD MEANDER CORNER 44.31 CHAINS SOUTH THEREOF AND RESET THE MEANDER CORNER ON THE SHORELINE OF THE PACIFIC Qr % �``- 8. r u • • OCEAN AT LINE OF ORDINARY HIGH TIDE 61.42 CHAINS SOUTH OF SAID SECTION CORNER, WHICH CORRESPONDED WITH THE MEASUREMENT OF 1889. THENCE HE RETRACED THE LINE OF ORDINARY HIGH TIDE USING THE,SAME COURSES AND DISTANCES OF THE 1889 SURVEY TO THE MEANDER CORNER 34o97 CHAINS WEST OF THE SOUTHWEST CORNER OF SECTION 35. IT IS APPARENT FROM THE TWO SURVEYS MADE BY FINLEY THERE WAS NO SUBSTANTIAL CHANGE IN THE LOCATION OF THE ORDINARY HIGH TIDE LINE IN THE 15 YEAR PERIOD BETWEEN 1889 AND 1go4. 17. A PATENT WAS IDDUED TO JOSEPH FERGUSON FOR SWAMP AND OVERFLOW LANDS, LOCATION NO. 3552, RECORDED DECEMBER 19, 1g06 IN BOOK 1, PAGES 242 AND 24.3 OF PATENTS, RECORDS OF ORANGE COUNTY, CALIFORNIA. MAP No. 6 "FRACTIONAL SECTIONS 1 AND 2 T. 7 So — R. 10 W. SHOWS THE PATENT LINES," PATENTS TO SWAMP AND OVERFLOWd LANDS 18. IT MAY BE OF INTEREST TO. KNOW HOW AND WHEN TITLE WAS OBTAINED FROM THE STATE OF CALIFORNIA TO VARIOUS AREAS WITHIN THE CITY OF NEWPORT BEACH. THE ENTIRE AREA WITH THE EXCEPTION OF 6 ACRES OF TIDELAND IN THE CENTER OF THE PENINSULA BETWEEN "L" STREET AND CHANNEL ROAD, WAS GRANTED PURSUANT TO AN ACT OF CONGRESS, APPROVED SEPTEMBER 28, 1850, ENTITLED, "AN ACT TO ENABLE THE STATE OF ARKNASAS AND OTHER STATES TO RECLAIM SWAMP LAND WITHIN THEIR LIMITS," AND ACTS OF THE LEG4'SLATURE OF THE STATE OF CALIFORNIA PROVIDING FOR THE SALE AND CONVEYANCE OF SAID LANDS BY STATUTES ENACTED FROM TIME TO TIME. THE DATES OF THE GRANTS -ARE AS FOLLOWS: I n 0 • THAT PORTION OF THE CITY KNOWN AS "NEWPORT BEACH" WEST OF 9TH STREET WAS GRANT,Ed TO JAMES McFADDEN UNDER SWAMP AND OVERFLOW PATENT MAY 16, 18g2. THAT PORTION KNOWN AS "EAST NEWPORT AND BAY ISLAND" EXTENDING EASTERLY OF gTH STREET,,WAS GRANTED TO ED ABBOTT UNDER SWAMP AND OVERFLOW PATENT OCTOBER 12, 1892. THAT PORTION OF THE CITY KNOWN AS "BALBOA ISLAND" AND THE EASTERLY PORTION OF HARBOR ISLAND,, AND FOUR ISLANDS IN THE UPPER BAY, WAS GRANTED' TO ROBERT MCFADDEN.UNDER SWAMP AND OVERFLOW PATENT AUGUST 1897. THAT PORTION OF THE CITY KNOWN AS "LIDO ISLAND", THE WESTERLY PORTION OF HARBOR ISLAND AND THE LAND BETWEEN THE PATENT GRANTED TO JAMES McFADDEN IN THE NEWPORT BEACH AREA IN 100g2 AND THE SANTA ANA RIVER, GRANTED TO JAMES McFADDEN UNDER SWAMP AMD OVERFLOW PATENT OCTOBER 162 1897. ALL THAT PORTION KNOWN AS THE "PENINSULA`, EXCEPT 6 ACRES IN THE CENTER OF THE PENINSULA SOUTH OF BALBOA-BLVD., AND BETWEEN "L" AND 1°M" STREET, GRANTED TO JOSEPH FERGUSON UNDER SWAMP AND OVERFLOW PATENT, DECEMBER 5, lgo6. 19. TITLE TO THE 6 ACRES NOTED ABOVE WAS GRANTED TO GEORGE, HAGER AS TIDELANDS AND CLAIM NO. 24% FIRST ON SEPTEMBER 265 1906 AND AGAIN AFTER COURT ACTION TO DETERMINE BOUNDARIES ON MAY 26, 1921. a9. THE BASIC TITLE TO THE PROPERTY OF BALBOA INN INC., IN THE BALBOA TRACT, IS FROM THE PATENT TO E. J. ABBOTT, DATED OCTOBER 12, 1892. n 21. THE BASIC TITLE TO THE HARRIMAN PROPERTY, EAST OF "Fn 10. 0 STREET, IN SECTION 2, TOWNSHIP 7, SOUTH RANGE 10 WEST IS • FROM THE PATENT TO JOSEPH FERGUSONy DATED DECEMBER 5, 1906. SUBDIVISIONS ALONG OCEAN FRONT 22. MAP OF "EAST NEWPORT TRACT" WAS RECORDED AUGUST 3, 1904 • IN BOOK 3, PAGE 37, OF MISCELLANEOUS MAPS, MAP NO. 7. THIS TRACT EXTENDS WESTERLY -FROM THE "NEWPORT BAY TRACT" TO 9TH STREET. THE SOUTHERLY BOUNDARY IS THE ORDINARY HIGH TIDE LINE AS SURVEYED BY S. H. FINLEY IN, 1889, WHICH IS ABOUT '55 FEET SEAWARD OF THE SOUTHERLY LINE OF SURF AVENGE, 50 FEET IN WIDTH AT ALVARADO STREET, AND 10 FCET SEAWARD AT 9TH STREET. 23. "MAP OF BAYSIDE TRACT," RECORDED SEPTEMBER 7, 1904 IN BOOK 3, PAGE 38, OF MISCELLANEOUS MAPS, MAP N0. 8, WAS THE FIRST SUBDIVISION IN THE VVCINITY OF THE BALBOA PIER. IT EXTENDED ALONG THE OCEAN FRONT FROM THE FIRST ALLEY WEST OF ADAMS STREET TO "A" STREET. THE MEANDER LINE SURVEY BY S. H. FINLEY IN MAY 1889, IS SHOWN AS THE SOUTHERLY BOUNDARY LINE ON THE MAP AND DESIGNATED ORDINARY HIGH TIDE LINE OF THE PACIFIC OCEAN. THE AREA BETWEEN SURF 'AVENUE, 50 FEET IN WIDTH, AND THE ORDINARY HIGH TIDE LINE IS DESIGNATED BLOCK "P% THE STREET ENDS ARE NOT EXTENDED BEYOND SURF AVENUE. 24. "BALBOA TRACT" BEING A RE -SUBDIVISION OF MOST OF THE "BAYSIDE TRACT" AND ADDITIONAL PROPERTY TO THE EAST THEREOF, WAS RECORDED MAY 27, 1905 IN BOOK 4., PAGE 11, OF MISCELL- ANEOUS MAPS, MAP N0. 9. THE TRACT EXTENDS ALONG THE'OCEAN FRONT FROM THE FIRST ALLEY WEST OF ADAMS STREET TO "B° STREET. THE ORDINARY HIGH TIDE LINE SURVEY BY S. H. FINLEY IN MAY OF 1889 IS SHOWN AS THE 'SOUTHERLY BOUNDARY OF SAID TRACT. I HOWEVER, IT IS NOT SO DESIGNATED. A WAVEY LINE IS SHOWN 11. ADJACENT TO IT ON THE OCEAN SIDE WITH THE WORD "PACIFIC OCEAN." • THESE LINES ARE SEAWARD OF THE 1889 LINE AS FOLLOWS. 20 FEET AT THE WEST LINE., 13 FEET AT PALM STREET., 8 FEET AT WASHINGTOMy 5 FEET AT MAIN STREET AND G-FEET AT "A" STREET. - 25. IN THIS TRACT THE STREET LAYOUT IS DIFFERENT FROM THE BAYSIDE TRACT AND SURF AVENUE (NOW NAMED "OCEAN FRONT") IS - ONLY 30 FEET IN WIDTH. ALL STREETS EXTEND TO THE PACIFIC OCEAN. THE AREAS BETWEEN SURF AVENUE AND THE ORDINARY HIGH TIDE LINE ARE DESIGNATED BY LETTERED BLOCKS. 26. "MAP OF NEWPORT BAY TRACT" WAS RECORDED JULY 1., 1905., IN BOOK 4., PAGE 16., OF MISCELLANEOUS MAPS., MAP. No. 10. THIS TRACT EXTENDS WESTERLY FROM "BALBOA TRACT" TO ALVARADO STREET. THE SOUTHERLY BOUNDARY IS THE ORDINARY HIGH TIDE • LINE AS SURVEY BY S. ii. FINLEY IN 1889. WAVEY LINES WITH THE WORD "OCEAN' ARE SHOWN ADJACENT THERETO ON THE SEAWARD SIDE. THE ORDINARY HIGH TIDE LINE IS SHOWN ABOUT 14 FEET SEAWARD OF THE SOUTHERLY LINE OF SURF AVENUE., 50 FEET IN WIDTH. 27. MAP OF THE "EAST SIDE ADDITION TO THE BALBOA TRACT: RECORD JULY 259 1905 IN BOOK 4., PAGE 20y OF MISCELLANEOUS MAPS., MAP N0. 11, FRONTS OA THE PACIFIC OCEAN BETWEEN "B" STREET AND A POINT ABOUT 140 FEET SOUTHEASTERLY OF "E" STREET AND EXTENDS EASTERLY THEREFROM TO "0 STREET., NORTH OF BALBOA BOULEVARD. THE ORDINARY HIGH TIDE LINE SURVEY BY S.H. FINLEY OF 1889 IS SHOWN ON THIS MAP WITH THE WORD PACIFIC.00EAN ADJACENT THERETO AND SEAWARD THEREOF. IT WILL •r� BE NOTED THAT A WAVING LINE IS SHOWN SHOREWARD OF THE 1889 +URVEY LINE; THE DISTANCE SHOREWARD BEING 14 FEET AT 12. ET, 54 FEE-r T33Tk tom, 54 FEET AT "D° STREET, AND 70 FEET IN THE VICINITY OF =�TI,T. TH a HT 43323317'REET. THIS WAVEY LINE APPARENTLY WAS SHOWN TO INDICATE K I ON NEATER Jw. 93T6 HD tM GH WATER NARK OR TOP OF THE FORESHORE SLOPE OF THE BEACH AS K ISTED 1N 0 �1 HI 03TSW STED IN 1905. A SUBDIVIS�E:IVIO8U8A A SUBDIVISION OF THE LAND IN SECTION I, T.7 S. R. 10 W. a WEST OF T sr-mT 10 T83W WEST OF TRACT 518 HAS NEVER BEEN PLACED ON RECORD. -ROPERTY NA4�AHYTOS0=0PERTY HAS BEEN TRANSFERRED TO VARIOUS INDIVIDUALS BY B AND BOUND-eGHUO80HA AND BOUNDS DESCRIPTIONS. THE SOOTHE' 3HTU023HT -THE SOUTHERLY LINE OF THE FIRST 135.00 FEET WEST OF "F" ET WAS ESTAE's SAT83 GAO WAS ESTABLISHED AT 202.86 SOUTHERLY OF THE SOUTHERLY OF BALBOA B - 8 A08JA8 3. Jl- BALBOA BOULEVARD BY CASE No. 46423 OF THE SUPERIOR COURT 2ANG£ CoumT"'F YTH000 3010MOGE COUNTY, CALIFORNIA. "TRACT NO • eOH TJART"TRACT No. 518" BEING A SUBDIVISION OF PORTIONS OF F IONAL SECT O 40 IT030 JAN®BHAL SECTIONS I AND 2, T. 7 S. R. 10 W. WAS RECORDED 10 IN Boo*i008H1 Fs®23 IN BOOK 17, PAGES 33 TO 36 INCLUSIVE, MISCELLANEOUS MAP NO. 12.e..81 .00 gA1Jii'AAP No. 12. . THIS TRACT EXTENDS ALONG THE OCEAN FRONT A POINT 84 Fi RTH109 POINT 84 FEET WEST OF "Gn STREET TO THE ENTRANCE TO ART BAY. YA8 — BAY. THE SOUTHW IE31WHTUDZ 3H'-"E SOUTHWESTERLY BOUNDARY OF TRACT N0. 518 IS SEAWARD IE ORDINARY MWAYAAHIORO 43RD3NARY HIGH TIDE LINE AS SURVEYED IN 1904 AND AS LINE EXISTS '63N 3T81X33I® INE EXISTED IN 1912 AND 1916 PRIOR TO THE CONSTRUCTION IE WEST JET-rV YTT34 T83M EST JETTY AND THE DEPOS IT I NG OF DREDGED HATER I ALS IE OCEAN BEACC:- -48 HA39O "dMCEAN BEACH BETWEEN 1919 AND 1922. THE RECORD MAP I THE ORDINAFZ'SIAH10A03F=�4E ORDINARY HIGH TIDE LINE IN 1923 AS BEING 85!- SEAWARD OF 'r 'T 90 09AWA.;16NIARD OF THE SOUTHWESTERLY BOUNDARY OF SAID TRACT t PLACES IT A. -A TI 630A—ACES IT AT A NAX'INUN DISTANCE OF ABOUT 335-' FEET IWAOOF THE 30TIO 05= D OF THE 1904 LINE IN'THE VICINITY OF "H" STREET. i 13. • .0 VARIOUS INDIVIDUALS HAVE OCCUPIED AND PAID TAXES ON THE LAND ALONG THE OCEAN FRONT IN THE TRACTS, WHICH IS ARTIFICIAL FILLED TIDE LANDS FOR A PERIOD OF ABOUT 35 YEARS AND NO DOUBT THEY HAVE ESTABLISHED VALID TITLE THERETO. 32. THE SUBDIVIDERS STARTED CONSTRUCTING A BULKHEAD AND BOARDWALK ALONG THE 20 FOOT STRIP ON THE'SOUTHWESTERLY SIDE OF THE TRACT WHICH WAS NOT COMPLETED AS IT WAS COMPLETELY DESTROYED BY THE WAVE ACTION OF THE OCEAN- 33. THE OWNERS OF TRACT 518 GRANTED TO THE CITY OF NEWPORT BEACH THE 1.5 FOOT STRIPS, `LOTS F,, G. H, I AND J) BY DEED RECORDED SEPTEMBER 26, 1924S, IN BOOK 54O, PAGE 300 OF DEEDS- 34. MAP OF "SECTION B - NEWPORT BEACH" WAS RECORDED AUGUST 18, 1905 IN BOOK 4, PAGE 27, OF MISCELLANEOUS MAPS. THE TRACT EXTENDED FROM 9TH STREET WESTERLY TO 19TH STREET. THE TRACT MAP WAS PREPARED BY S- H. FINLEY. THE SOUTHERLY BOUNDARY LINE WAS SHOWN BY WAVEY LINES WITH THE WORD "PACIFIC OCEAN" - THIS LINE SCALES SOUTHERLY OF THE SOUTHERLY LINE OF OCEAN AVENUE, NOW OCEAN FRONY, AS FOLLOWS: 86 FEET AT 9TH STREET, 50 FEET AT IOTH AND 12TH STREET, 45 FEET,AT 13TH STREET, 65 FEET AT 44TH STREET, 50 FEET AT 16TH STREET, 40 FEET AT 17TH STREET, 48 FEET AT 18TH STREET AND 48 FEET AT 19TH STREET. 35. MAP OF 'TRACT NO. 234" BEING A RE -SUBDIVISION OF A POR- TION OF "SECTION B,° NEWPORT BEACH, WAS RECORDED MARCH 4.1 1922. THE TRACT EXTENDED FROM 9TH STREET TO 15TH STREET. THE SOUTHERLY BOUNDARY LINE IS SHOWN BY WAVEY LINES WITH THE WORD "PACIFIC OCEAN-" THIS LINE SCALES SOUTHERLY'FROM i 14. THE SOUTHERLY LINE OF OCEAN AVENUE, NOW OCEAN FRONT) AS • FOLLOWS: ^ 55 FEET AT 9TH STREET, 50 FEET AT 11TH STREET, 50 FEET AT 12TH STREET, 60 FEET AT 13TW STREET, 60 FEET AT I�FTH STREET AND 60 FEET AT 15TH STREET. 36. MAP OF "FIRST ADDITION TO NEWPORT BEACH TRACT" WAS RECORDED�FEBRUARY IE,. 1,9A, IN BOOK 3, PAGE 27 OF MISCELLAN- EOUS MAPS. THIS TRACT EXTENDED FROM 16TH STREET TO THE NEWPORT PIER. THE TRACTWAS RE -SUBDIVIDED BY MAPS OF "SECTION B" AND "SECTION A" OF NEWPORT BEACH, WITH THE EXCEPTION OF THE FIRST TIER OF LOTS FACING THE OCEAN 'FRONT BETWEEN 19TH STREET AND THE PIER. THE SOUTHERLY BOUNDARY LINE IS SHOWN ON THE MAP BY WAVEY LINES 60 FEET SEAWARD OF OCEAN AVENUE NOW OCEAN FRONT), 40 FEET IN WIDTH, WITH THE WORD "PACIFIC • OCEAN" THEREON. THE SURVEY WAS MADE IN JUNE 1902 BY S. H. FINELY- 37- MAP OF "NEWPORT BEACH TRACT" WAS RECORDED FEBRUARY 16, 1904 IN BOOK 3, PAGE 260 OF MISCELLANEOUS MAPS. THE TRACT EXTENDED FROM THE NEWPORT PIER TO 40TH STREET. THE SOUTH- WESTERLY BOUNDARY LINE OF THE TRACT IS SHOWN ON THE MAP BY A WAVEY LINE 85 FEET SEAWARD OF OCEAN AVENUE NOW OCEAN FRONT), 45 FEET IN WIDTH, WITH THE WORD "PACIFIC OCEAN" SEAWARD THEREOF. THE SURVEY FOR THE MAP WAS MADE IN 1902 BY S. H. FINLEY. -0. MAP OF "THIRD ADDITION TO NEWPORT BEACH" WAS RECORDED' JUNE 27, 1904 IN BOOK 3, PAGE 31, OF MISCELLANEOUS MAPS. ;. THE TRACT EXTENDED FROM 38TH STREET, NORTHWESTERLY TO 48TH 15- . STREET. THE SOUTHWESTERLY BOUNDARY LINE OF THE TRACT IS • SHOWN ON THE MAP BY A WAVEY LINE AND SCALES SEAWARD OF OCEAN AVENUE NOW OCEAN FRONT)., 45 FEET IN WIDTH., AS FOLLOWS, 85 FEET AT 38TH STREET., $O FEET AT 42ND STREET., 78 FEET AT 44TH STREET, $O FEET AT 46TH STREET AND 70 FEET AT 48TH STREET. THE WORD "PACIFIC OCEAN" IS SHOWN SEAWARD THEREOF. THE SURVEY FOR THE MAP WAS MADE IN 19J`4l BY S. H. FINLEY. 39• MAP OF "OCEAN FRONT TRACT" WAS RECORDED JUNE 8, 1905., IN BOOK 4., PAGE 12, OF MISCELLANEOUS MAPS. THE TRACT EXTENDS FROM 48TH STREET, NORTHWESTERLY TO 61ST STREET. THE SOUTHWESTERLY BOUNDARY LINE OF THE TRACT IS SHOWN ON THE MAP BY A WAVEY LINE AND SCALES SEAWARD OF OCEAN FRONT., 45 • FEET WIDE AS FOLLOWS: 28 FEET AT 48TH STREET., 40 FEET AT 51ST STREET, 40 FEET AT 50TH STREET, 44 FEET AT 56TH STREET., AND 50 FEET AT 61ST STREET. THE WORD "PACIFIC OCEAN" IS SHOWN SEAWARD WHEREOF. THE SURVEY FOR THE MAP WAS MADE IN 1905 BY S. H. FINLEY. CFO. MAP OF "SEASHORE COLONY TRACT" WAS RECORDED JULY, 1911 IN BOOK 7., PAGE 25y OF MISCELLANEOUS MAPS. THE TRACT EXTENDED FROM 61ST STREET NORTHWESTERLY TO SUMMIT STREET. THE SOUTHWESTERLY BOUNDARY LINE OF THE TRACT IS SHOWN ON THE MAP BY A WAVEY LINE AND SCALES SEAWARD OF OCEANFRONT AS FOLLOWS, 72 FEET AT 61ST STREET., 85 FEET AT WALNUT STREET, 85 } FEET At ORANGE STREET, 75 FEET AT HIGHLAND STREET AND i 16. 78 FEET AT SUMMIT STREET. THE WORD "PACIFIC OCEAN" IS SHOWN SEAWARD THEREOF. THE SURVEY FOR THE MAP WAS MADE IN 1911 BY S. H. FINLEY. SURVEYS BY CORPS OF ENGINEERS, U. S. ARMY 1912 AND 1924 41. A SURVEY OF NEWPORT BAY WAS MADE IN AUGUST, SEPTEMBER AND OCTOBER OF 1912 SY•THE•LOS ANGELES DISTRICT ENGINEER OF CORPS OF ENGINEERS, U.S.A. WITH A VIEW TO THE ESTABLISHMENT OF HARBOR - LINES IN NEWPORT BAY. THE RESULTS OF THE FIELD SURVEYS ARE SHOWN ON "MAP" ENTITLED "NEWPORT BAY, CAL. SURVEY OF 1912% MAP NO. 13. THE 1912 MAP SHOWS SOUNDINGS IN THE BAY AND OFFSHORE FROM THE BALBOA PIER TO A ARCH ROCK ABOUT 5600 FEET DOWN - COAST OF THE ENTRANCE TO NEWPORT BAY. THE HIGH WATER MARK " AND MEAN LOWER LOW WATER LINE ARE SHOWN ALONG THE OCEAN • FRONT UPCOAST TO THE EXISTING OUTLET OF THE SANTA ANA RIVER. 42. THE ARMY ENGINEERS ESTABLISHED A RECTANGULAR SYSTEM OF COORDINATES BY TRIANGULATION, THE CHOSEN MERIDIAN BEING THAT THROUGH STATION ORIGIN WHICH IS ND. I ON PROMONTORY POINT. THIS COORDINATE SYSTEM WAS TIED TO CERTAIN TRIANGULATION STATIONS'OF THE U.S. COAST AND GEODETIC SURVEYS AND CERTAIN BLOCK CORNERS IN THE CITY STREET PATTERN. THIS COORDINATE SYSTEM HAS BEEN USED EXTENSIVELY BY THE CITY ENGINEERS AND PRIVATE ENGINEERS IN MAPPING THE CITY, LOCATING HARBOR LINES AND OTHER SURVEYS. 43. THE DISTRICT ENGINEER INA REPORT DATED MARCH 25TH, 1913 RECOMMENDED AGAINST THE ESTABLISHMENT OF HARBOR LINES. A MAP ENTITLED "NEWPORT BAY, CALIF. SHOWING HARBOR'LINES" 17. • MAP NO. 142 IN INCLUDED IN THE REPORT. THIS MAP WAS BASED ON THE 1912 SURVEY' HOWEVER., IT DOES NOT SHOW THE OFFSHORE SOUNDINGS. CONGRESS AUTHORIZED THE ESTABLISHMENT OF THE HARBOR LINES AS SHOWN ON SAID MAPS WHICH WAS APPROVED BY THE WAR DEPARTMENT FEBRUARY 18, 1917. 44. THE DISTRICT ENGINEER IN A REPORT DATED MAY 13., 1924 INCLUDED A MAP ENTITLED "ENTRANCE TO NEWPORT BAY., CALIFORN1Aa SURVEY OF 1924, MAP NO. 15. THIS MAP SHOWS OFFSHORE SOUND— INGS BETWEEN THE BALBOA PIER AND ARCH ROCK ABOUT 5600 FEET DOWNCOAST OF THE ENTRANCE TO THE BAY. THESE SOUNDINGS WERE TAKEN AFTER THE CONSTRUCTION OF THE WEST JETTY IN 1917 AND THE DEPOSITING OF DREDGED MATERIALS ALONG THE OCEAN FRONT UPCOAST FROM THE WEST JETTY., IN 1919-22 PERIOD. BEACH EROSION STUDY., 1937m4o 45. THE COUNTY OF ORANGE AND THE U.S. REACH EROSION BOARD ENTERED INTO AN AGREEMENT ON JUNE 28TH., 1937, FOR THE PURPOSE OF -AN INVESTIGATION TO DETERMINE THE EFFECTS OF EROSION ON THE SANTA ANA AND SAN GABRIEL RIVERS AND THE NECESSITY OR ADVIS— ABILITY OF BEACH PROTECTIVE STRUCTURES TO MAINTAIN THE PRESENT SHORELINE. THE COST OF THE STUDY WAS SHARED EQUALLY BETWEEN THE FEDERAL GOVERNMENT AND LOCAL INTERESTS. 1., AS CITY ENGINEER., REPRESENTED THE CITY AND COUNTY AND ALL THE WORK BY LOCAL INTERESTS WAS UNDER MY SUPERVISION. THE FINAL REPORT WAS MADE BY THE U.S. BEACH EROSION BOARD., JANUARY IOTH., 1940., WAS TRANSMITTED BY THE SECRETARY OF WAR TO CONGRESS AND THE REPORT WAS PRINTED "AS DOCUMENT NO. 637, 76TH CONGRESS — 3RD SESSION. (2) COPIES A^J V 9 ' 18. N OF THE PUBLISHED REPORT WERE FILED WITH COUNTY CLERK.AND THE CITY CLERK. 46. THE DISTRICT ENGINEER OF U.S.A., Los ANGELES, CALIFORNIA, MADE A SURVEY OF THE SHORELINE AND OFFSHORE HYDROGRAPHY OF THE PACIFIC OCEAN FROM THE ENTRANCE TO NEWPORT HARBOR TO THE SANTA ANA RIVER OUTLET IN OCTOBER 1934, PRIOR TO THE DEPOSITING -OF DREDGED MATERIAL ALONG THE OCEAN BEACH IN 1935 BETWEEN THE WEST JETTY AT THE'HARBOR ENTRANCE AND 46TH STREET, AND IN NOVEMBER 1935 REPEATED THE SURVEY AFTER THE DEPOSITING OF ABOUT 7,500,000 CUBIC YARDS OF MATERIAL DREDGED FROM NEWPORT BAY. THE CITY OF NEWPORT BEACH REPEATED THE SURVEY IN APRIL 1936, AND NOVEMBER 1936. A SIMILAR SURVEY WAS MADE BY COUNTY OF ORANGE IN JULY 1937 AND MARCH 1939. A COPY OF THE PROFILES • OF THESE SURVEYS ARE ON FILE 1N MY OFFICE (3). A MAP OF THE OCEAN SHORE, SHOWING THE BASE LINE, LOCATION OF PROFILES AND i STRUCTURES ALONG THE SHORELINE WAS PREPARED UNDER MY SUPER- VISION IN CONNECTION WITH THE COOPERATIVE BEACH STUDY (4). 47. THE DISTRICT ENGINEERS PREPARED A MAP CONSISTING OF 9 SHEETS, ENTITLED "COOPERATIVE BEACH EROSION STUDY, ORANGE COUNTU, CALIFORNIA, SHORELINE AND OFFSHORE CHANGES, FROM ALAMITOS BAY TO ABALONE POINT," CONSISTING OF 9 SHEETS, DATED SEPTEMBER 17TH, 1938 (5). SHEETS 7 AND 8 SHOWS SHORELINE AND OFFSHORE CHANGES BETWEEN 1875 - 1912 - 1926 e 1934 AND 1937 EXTENDING FROM THE HARBOR ENTRANCE TO NEWPORT PIER. HOWEVER, ONLY THE MEAN LOW WATER LINES ARE SHOWN FOR 1875 AND 1912. 118. THE PROFILES OF OCEAN SHORE BETWEEN THE HARBOR ENTRANCE AND THE SANTA ANA RIVER WERE REPEATED IN OCTOBER 1958 BY THE DISTRICT ENGINEER. 19. SURVEYS BY LEEDS AND BARNARD 1916-22 49. LEEDS AND BARNARD, COMSTULTING ENGINEERS FOR THE COUNT OF ORANGE MADE SURVEYS IN 1916 OF THE SHORELINE IN THE VICINITY r OF THE ENTRANCE TO NEWPORT BAY PRIOR TO THE CONSTRUCTION OF THE WEST JETTY, HOWEVER, THE SURVEY EXTENDED ONLY 2,000 FEET UPCOAST, AND IS500 DOWNCOAST FROM THE EXISTING JETTIES THEY AL&O MADE SURVEYS A N 1920 IN THE VICINITY OF THE SANTA ANA RIVER OUTLIET PRIOR TO ITS CONSTRUCTION IN 1920 AND REPEATED THE SURVEY IN 1922p AS SHOWN ON EXHIBIT I OF ENCLOSURE 6 OF THE COOPERATIVE BEACH EROSION STUDY, ORANGE COUNTY, CALIFORNIA- WAS IN CHARGE OF SURVEYS FOR LEEDS AND BARNARD FROM 1920 TO 1922 INCLUSIVE. SURVEYS BY CITY OF NEWPORT BEACH d 1929-32 _ • 50. THE CITY OF NEWPORT BEACH MADE SURVEYS OF THE SHORELINE FROM THE WEST JETTY TO THE BALBOA PIER IN 1929 PRIOR TO'THE DEPOSITING OF ABOUT 6000000 CUBIC YARDS OF DREDGED MATERIAL FROM THE ENTRANCE CHANNEL ON THE BEACH WEST OF THE WEST JETTY IN 1930. (7) THIs SURVEY WAS REPEATED IN 19302 1931 AND 1932. 51. THE CITY ENGINEER MADE A SURVEY OF THE ORDINARY HIGH TIDE LINE IN NOVEMBER 1957. THE SURVEY EXTENDED 1,000 FEET UPCOAST AND DOWNCOAST OF THE BALBOA PIER. THE 1957 LINE IS IN PRACTICALLY THE SAME LOCATION AS THE 1939 SURVEY. 52. J. A. WOOLEY, CIVIL ENGINEER MADE A SURVEY IN APRIL OF 1939 OF THE ORDINARY HIGH TIDE LINE BETWEEN THE SEAWARD PROLONGATION OF THE CENTER LINES OF MAIN STREET, AND PALM STREET. (8) THIS SURVEY SHOWS THE ORDINARY HIGH TIDE LINE ,• SEAWARD OF THE SOUTHERLY LINE OF OCEAN FRONT 229 FEET AT 20. 14AIN STREET, 218 FEET AT WASHINGTON STREET AND 218 FEET AT PALM STREET. THIS LINE COINCIDES WITH THE CITY SURVEY, OF MAY 1929: (7) MADE PRIOR TO DEPOSITING OF MATERIAL ON THE BEACH IN 1930. THE LINE OF ORDINARY HIGH TIDE LINE MOVED SEAWARD ABOUT 70 FEET BY 1934 AS A RESULT OF THE MATERIAL DEPOSITED ON THE BEACH IN 1930. HISTORY OF BEACH STRUCTURES (A) WEST JETTY AT ENTRANCE TO NEWPORT HARBORS 53. THE ORIGINAL WEST JETTY WAS CONSTRUCTED BY THE CITY OF NEWPORT BEACH. WORK COMMENCED SEPTEMBER BOTH, 1917 AND THE JETTY WAS COMPLETED IN APRIL OF 1918- THE JETTY EXTENDED 1700 FEET SEAWARD OF U- S. BULKHEAD STATION 107, AND TERMIN- ATED 10 DEPTH OF WATER OF 15 FEET BELOW MEAN LOWER LOW WATER. . 54. AN EXTENSION OF 200 FEET TO THE WEST JETTY WAS MADE IN 1921 BY THE COUNTY OF ORANGE. THE EXTENSION TERMINATED IN A 22 FOOT DEPTH OF WATER. AT THE SAME TIME THE CITY OF NEWPORT BEACH REPAIRED THE ORIGINAL STRUCTURE AND EXTENDED THE JETTY 130 FEET LANDWARD, MAKING A TOTAL LENGTH OF 2,050 FEET. 55. THE CITY OF NEWPORT BEACH COMPLETED REPAIRS TO THE WEST JETTY IN FEBRUARY 1928 AND CONSTRUCTED STONE REVETMENT ALONG THE UPCOAST .SHORELINE FOR A DISTANCE OF 1700 FEET TO "L" STREET. THE JETTY WAS STRENGTHENED BY INCREASING THE SECTION AND HEIGHT. 56. THE ORANGE COUNTY HARBOR DISTRICT IN COOPERATION WITH FEDERAL GOVERNMENT STRENGTHENED THE EXISTING STRUCTURE AND COMPLETED A 780 FOOT SEAWARD EXTENSION IN 19+34- THE JETTY ��• TERMINATED IN A 50 FOOT DEPTH OF WATER. THIS EXTENSION / 21. 0 RESULTED IN TOTAL LENGTH OF 2,830 FEET FOR THE VILEST JETTY- (s) EAST JETTY AT THE ENTRANCE TO NEWPORT HARBOR: 57. THE ORIGINAL EAST JETTY AT THE ENTRANCE WAS COMPLETED BY THE CITY OF NEWPORT BEACH IN MAY OF 1928. THE CONCRETE SHEET PILE BOX TYPE JETTY EXTENDED SEAWARD 720 FEET TO A 12 FOOT DEPTH OF WATER. 58 THE ©RANGE COUNTY HARBOR DISTRICT IN COOPERATION WITH THE FEDERAL GOVERNMENT COMPLETED A 950 FOOT SEAWARD EXTENSION IN 1934. THE JETTY TERMINATED IN A 25 FOOT DEPTH OF WATER. THIS EXTENSION RESULTED IN A TOTAL LENGTH OF 1y970 FEET FOR THE EAST JETTY. (C) BALBOA OCEAN PIER: 59. THE FIRST BALBOA OCEAN PIER AT MAIN STREET WAS CONSTRUCTED . IN 1907 BY THE SUBDIVIDER OF THE BALBOA TRACT. (1) THE WOODEN PIER WITH 3 PILE BENTS ON 16 FOOT CENTER, EXTENDED 600 FEET SEAWARD FROM THE FOUR FOOT BOARDWALK ON THE NORTHEASTERLY SIDE OF OCEAN FRONT, FORMERLY SURF AVENQE, TO A DEPTH OF 15 FEET OF WATER. CO. THE CITY OF NEWPORT BEACH REPLACED THE ORIGINAL PIER IN 1922. (It). THE NEW WOODEN PIER WITH 4 PILE BENTS ON 20 FOOT CENTERS EXTENDED 800 FEET SEAWARD FROM THE 12 FOOT BOARDWALK ON THE NORTHEASTERLY SIDE OF OCEAN FRONTS TO A DEPTH OF 20 FEET OF WATER. THE DEPOSITING OF DREDGED MATERIAL•ON THE i OCEAN BEACH BETWEEN 1919 AND 1922-RESULTED IN WIDENING THE BEACH SEAWARD TO A POINT ABOUT 220 FEET FROM THE SOUTHEASTERLY LINE OF OCEAN FRONT AND LEAVING ABOUT A 12 FOOT DEPTH OF S'• WATER AT THE OUTER END OF THE OLD PIER WHICH MADE THE NEW PIER NECESSARY. R'e*'�" 22. 61. A SEVERE OCEAN STORM IN SEPTEMBER 19399 SEVERALY DAMAGED THE PIER; AND THE DEPOSITING OF DREDGED MATERIAL ON THE OCEAN BEACH DURING THE„1934-35 HARBOR PROJECT EXTENDED THE BEACH SEAWARD ABOUT 380 FEET FROM THE 1922 BEACH LINE LEAVING ABOUT 10 FEET OF WATER AT THE OUTER END., MADE IT NECESSARY TO REPLACE THE PIER. THE CITY OF NEWPORT BEACH COMPLETED IN JUNE 1940, THE CONSTRUCTION OF THE EXISTING TIMBER PIER WITH 11 PILE BENTS ON 20 FOOT CENTERS. THE PIER BEGINS AT A POINT 227 FEET SEAWARD OF THE'SOUTHWESTERN LINE OF OCEAN FRONT AND EXTENDS 920 SEAWARD TO A WATER DEPTH OF 30 FEET- (D) NEWPORT OCEAN PIER'E C2. THE ORIGINAL NEWPORT OCEAN PIER WAS CONSTRUCTED IN 185� BY JAMES McFADDEN AS A COMMERCIAL PIER TO CARRY THE SANTA • ANA o NEWPORT RAILROAD TO ITS OUTER END. A SEVERE OCEAN STORM ON FEBRUARY 22., 1892., ALMOST COMPLETELY WRECKED THE STRUCTURE (1). THE PIER WAS REBUILT WITHIN TWO MONTHS. THE CITY OF NEWPORT BEACO PURCHASED THE PIER IN 1921 FROM THE SOUTHERN PACIFIC RAILROAD COMPANY. THE TIMBER PIER WITH 9 PILE BENTSy 14 FOOT ON CENTERS EXTENDED SEA14ARD 1100 FEET FROM THE SOUTHWESTERLY LINE OF OCEAN FRONT TO A WATER DEPTH r OF 45 FEET AT THE HEAD OF'A DEEP SUBMARINE CANYON FROM THE SOUTH. A SEVERE OCEAN STORM IN SEPTEMBER 1939 SEVERELY DAMAGED THE OLD PIER AND THE CITY OF NEWPORT BEACH COMPLETED IN JU+N.E 1940y THE CONSTRUCTION OF THE EXISTING TIMBER PIER WITH 4 PILE BENTS ON 20 FOOT CENTERS. THE PIER EXTENDS SEAWARD 1.,032 FEET FROM A POINT 60 FEET SOUTHWEST OF THE •� SOUTHWESTERLY LINE OF OCEAN FRONT TO A WATER DEPTH OF 30 / 94r\ 23. FEET AT THE HEAD OF THE SUBMARINE CANYON- (E) 36TH STREET PIER: 63. A TIMBER PIER WAS CONSTRUCTED AT 36TH STREET IN 1907 BY THE ORANGE COUNTY IMPROVEMENT ASSOCIATION. THE PIER EXTENDED ABOUT 300 FEET SEAWARD OF THE BOARDWALK. THE WRITER RECALLS SEEING THE REMAINS OF THIS PIER IN 1922 AND IT WAS NOT USABLE AT THAT TIME. (F) 36TH ,STREET GROIN: 64. THE CITY OF NEWPORT BEACH CONSTRUCTED A GROIN AT 36TH STREET IN 1930p WHERE SEVERE BEACH EROSION HAD OCCURRED ENDANGERING THE BOARDWALK AND RESIDENCES. THE GROIN WAS OF STEEL SHEET PILE CONSTRUCTION AND EXTENDED SEAWARD 140 FEET FROM THE NORTHEASTERLY LINE OF OCEAN FRONT TO A 3 FOOT DEPTH OF WATER. (G) SANTA ANA RIVER OUTLET: 65. THE SANTA ANA RIVER OUTLET WAS CONSTRUCTED BY THE COUNTY OF ORANGE IN 1920- PRIOR TO 1920 THE SANTA ANA RIVER DIS- CHARGED INTO NEWPORT BAY. THE RIVER WAS DIVERTED FROM THE BAY BY THE CONSTRUCTION OF THE BITTER POINT DAM CONSISTING OF EARTH EMBANKMENT? ACROSS THE RIVER CHANNEL AT 57TH STREETp WHICH WAS CONSTRUCTED BY THE COUNTY IN 1920. THE NEW RIVER OUTLET WAS OPENED UP ON JAMUARY 1ST, 1921. 66. THE NEW OUTLET CONSISTED OF TWO STONE JETTIES SPACED 500 FEET APART. THE WEST JETTY EXTENDED 940 FEET SEAWARD FROM THE CENTERLINE OF THE PACIFIC ELECTRIC RAILROAD SRIDGEp TO A 12 FOOT DEPTH OF WATER. THE EAST JETTY EXTENDED 600 � FEET SEAWARD FROM THE CENTERLINE OF THE RAILROAD BRIDGE TO A 3 FOOT DEPTH OF WATER. r..,Q 24. 67. IN 1959, THE RIVER OUTLET WAS RECONSTRUCTED BY THE ORANGE COUNTY FLOOD CONTROL DISTRICT., WITH SEPARATE OUTLETS FOR DRAINAGE CHANNELS ON THE EAST AND WEST SIDE OF'THE RIVER OUTLET- (H) BOARDWALKS ALONG OCEAN FRONT:" M 68. THE ORIGINAL BOARDWALKS ALONG THE OCEAN FRONT WERE CONSTRUCTED BY THE S6661VIDERS SHORTLY AFTER THE VARIOUS TRACT MAPS WERE RECORDED.' OCEAN FRONT] FORMERLY CALLED SURF AVENUE, AND OCEAN AVENUE., VARIED FROM 30 TO 50 FEET - IN WIDTH. THE BOARDWALKS WERE PLACED ALONG THE NORTHEASTERLY LINE OR UPLAND SIDE OF THE STREET. OCEAN FRONT HAS NEVER BEEN IMPROVED AS A STREET EXCEPT IN NEWPORT BETWEEN MCFADDEN r PLACE AND'A POINT 88 FEET-NORTHWESTERLY,oF 23RD STREETp AND BETWEEN 19TH STREET'AND 15 STREETIWHERE A 12 FOOT STRIP OF ASPHALT PAVEMENT 'WAS INSTALLED IN PLACE OF A BOARDWALK, WHICH WAS REPLACED BY A 12 FOOT BOARDWALA IN 1916. 69. THE SUBb IVIDERS OF TRACT N0. 518, LYING BETWEEN'"G11 STREET AND THE HARBOR ENTRANCED ATTEMPTED IN 1921E TO CONSTRUCT A BOARDWALK ALONG THEIR OCEAN FRONT PROPERTY LINE WHICH WAS COMPLETELY DESTROYED DUE TO EROSION OF THE BEACH. 70. THE ORIGINAL BOARDWALK FOUR FEET 1-N WIDTH --CONSTRUCTED BY THE SUBDIVIDERS ALONG OCEAN FRONT NORTHWESTERLY FROM A POINT ABOUT 200 FEET SOUTHEASTERLY OF "E" STREET TO-15TH STREET.. CONSISTED OF FOUR 2" X 12" PLANKINGy LAID LONGITUDINALLY, AND SUPPORTED BY WOOD PILES ON 4 FOOT CENTERS WITH 2" PLANKING EXTENDING 4 FEET YELOW THE DECK. THE BOARDWALK IS SHOWN • ON PHOTOS 4s- 2g 3� 45 AND 6. THQ DECK OF THE WALKWAY WAS AT ELEVATION 12.00 FEET ABOVE MEAN LOWER LOW WATER. Q,P.q 25. 71. THE CITY OF NEWPORT BEACH., BY FORMING ASSESSMENT DISTRICTS, i REPLACED THE ORIGINAL BOARDWALK AS FOLLOWS: "En STREET TO ALVARADO STREET., 1918, ALVARADO STREET TO 9TH STREET,., 1917., 9TH STREET TO 19TH STREET., 1922., AND 23RD STREET TO 36TH_STREET., 1917 (1) THE BOARDWALK WAS I2 FEET WIDE, WITH 2 PILE BENTS ON 10 FOOT CENTERS. THE DECK ELEVATION WAS ASOPT 13 FEET ABOVE MEAN LOWER LOW WATER. 72. THE CITY OF NEWPORT BEACH., IN 1936, UNDER A W.P.A. PRO— JECT REPLACED THE 12 FOOT BOARDWALK BETWEEN "En STREET AND 30TH STREET WITH A CONCRETE WALK 12 FEET IN WIDTH EXCEPT BETWEEN "Bv STREET AND THE ALLEY NORTHWESTERLY OF ADAMS STREET WHERE THE WALK IS 20 FEET -WIDE. THE ELEVATION OF THE WALK IN GENERAL IS 13 FEET ABOVE MEAN LOWER LOW WATER. AT THE SAME TIME 5 FOOT CONCRETE WALKWAYS WERE CONSTRUCTED AT VARIOUS STREET ENDS] ZXTEHDING SEAWARD FROM THE OCEAN FRONT WALKWAY TO THE NEW SHORELINE CREATED BY THE DEPOSITING OF DREDGED MATERIAL IN 1934-35• (1) IMPROVEMENTS ON OCEAN B EACH: 73. THE CITY OF NEWPORT BEACH CONSTRUCTED, IN 1941, THE ORIGINAL BALBOA PARKING LOT, NORTHWEST OF THE BALBOA PIER. THE PARKING LOT., 433 FEET WIDE ALONG OCEAN FRONT EXTENDED 200 FEET SEAWARD OF THE CONCRETE WALKWAY. THE CITY, IN 1946, EXTENDED THE PARKING LOT AND ADAMS STREET AND ADDED 50 FEET SEAWARD, AND IN 1953 EX- TENDED IT 200 FEET SEAWARD., MAKING THE PARKING LOT 618 BY 450 FEET. 74. THE PARK AND PARKING LOT BETWEEN THE BALBOA PIER AND "A" STREET, 261E FEET WIDE, AND EXTENDING 283' SEAWARD OF THE OCEAN FRONT WALK, WAS -CONSTRUCTED BY. THE CITY IN 1952. 75. THE "Art STREET. -PARKING LOT EXTENDING 250 FEET SEAWARD alfr? 26. OF THE OCEAN FRONT WALK WAS CONSTRUCTED BY THE CITY IN 1952. THE PUBLIC PLAYGROUND AREA BETWEEN THE BALBOA PIER AND "A: STREET WAS CONSTRUCTED IN 1953< 76. THE NEWPORT PARKING LOT BETWEEN THE NEWPORT PIER AND A POINT 88 FEET NORTHWESTERLY OF 23RD STREET, A DISTANCE OF 828 FEET AND EXTENDING 62 FEET SEAWARD OF OCEAN FRONT, WAS CONSTRUCTED BY THE CITY IN 1953. WAR DEPARTMENT PERMITS 77. COPIES OF WAR DEPARTMENT PERMITS FOR OFFSHORE STRUCTURES, CHANNEL DREDGING AND DEPOSITING OF DREDGED MATERIAL ON THE' OCEAN SHORE, 1905 TO 1931 PERIOD, ARE IN FILE L-3072 OF CITY ENGINEER, AND ARE LISTED AS FOLLOWS: APPLICANT DATE 1905 36TH STREET PIER ORANGE CO.IMPR.ASSN. JULY 20, BALBOA PIER NEWPORT BAY INV.CO< SEPT. 20, 1905 CHANNEL DREDGING CITY OF NEWPORT BEACH DEC. 21, 1918 WEST JETTY It It 11 FEB. 11, 1917 SANTA ANA RIVER OUTLET ORANGE CO.HAR.COMM. DEC. 13, 1918 CHANNEL DREDGING CfTY OF NEWPORT BEACH FEB. 45 1918 DEPOSITING DREDGED MAT- ERIAL ON OCEAN BEACH MAR. 21, 1919 CHANNEL DREDGING ORANGE CO.HAR.COMM. MAR. 28, 1920 WEST'JETTY EXTENSION 11 it it MAR. 28, 1920 WEST JETTY REPAIR & EAST JETTY CITY OF NEWPORT BEACH APR. 19, 1927 ENTRANCE DREDGING MASTER FEB. 15, '1928 DEPOSIT W.OF WEST JETTY J.A.BEEK,HARBOR ENTRANCE DREDGING, DEPOSIT W.OF WEST JETTY 'CITY OF NEWPORT BEACH OCT. 154 1929 i 27. 0 e • 9 GROYNES IN ENTRANCE CHANNEL & W.OF WEST JETTY, AND DRED.ING TO BE DEPOS- ITED WEST OF.W.JETTY DREDGING CHANNELS WEST NEWPORT DREDGING ENTRANCE CHANNEL AND DEPOSIT MATERIAL W.OF W.JETTY' GROINS AT 36TH, 38TH & 40TH STS. DREDGING CHANNEL IN FRONT OF NEWPORT HARBOR YACHT'CLUB AND DEPOSITING MATERIAL ON OCEAN BEACH BETWEEN 7TH & 8TH STS. APPLICANT M CITY OF NEWPORT BEACH IT It IT It If B If If DATE MAY 95 1929 FEB. 44P '1930 FEB. 11, 1930 OCT. 81 1930 JUNE 81 1931 DREDGED MATERIAL DEPOSITED ON OCEAN BEACH 78. THE DEVELOPMENT OF THE LOWER NEWPORT BAY BY PUBLIC AND PRIVATE AGENCIES, BETWEEN1905 AND 1958, HAS REQUIRED THE DREDGING OF ABOUT 16,000,OOD CUBIC YARDS OF MATERIAL FROM S THE BAY. ABOUT 9.,731,000 CUBIC YARDS OR 61 PERCENT OF THE DREDGED MATERIAL WAS DEPOSITED ALONG THE 5.1 MILES OF OCEAN SHORELINE BETWEEN THE WEST JETTY.AT THE ENTRANCE AND THE EAST JETTY AT THE SANTA.ANA RIVER OUTLET, WHICHADDED ABOUT 210'ACRES TO THE PUBLIC OCEAN 8EACH'. ABOUT 59915900© CUBIC YARDS OF MATERIAL WAS USED TO RECLAIM ABOUT 735 ACRES OF SWAMP LAND AND TIDELANDS SURROUNDING THE IMPROVED HAfiBOR AND ADJACENT CHANNELS. ABOUT 364,000 CUBIC YARDS OF MATERIAL DREDGED BY A U.S. HOPPER DREDGE FROM THE ENTRANCE CHANNEL IN 1904-35 WAS DEPOSITED OFFSHORE IN DEEP WATER. THE DREDGED MATERIAL DEPOSITED ALONG THE OCEAN BEACH FROM 1918 TO 1958 IS GIVEN IN TABLE NO. i. RAP _ , 28. . TABLE NO. 1 DREDGED MATERIAL FROM NEWPORT BAY - DEPOSITED ON OCEAN SHORELINE HARBOR ENTRANCE TO SAKTA ANA RIVER OUTLET 1919 - 1958 IN CUBIC�YARDS 1• WEST JETTY TO NEWPORT PIER CUBIC YARDS CUBIC YARDS (A) 191-9 - 1926 PERIOD 1919 - -CITY OF NEWPORT .BEACH CITY CHANNEL;SO- SIDE OF BAY ' AND ENTRANCE CHANNEL- ON BEACH WEST OF W- JETTY- 170,000 1920 - 22, COUNTY OF ORANGE COUNTY CHANNEL AND ENTRANCE1 ON BEACH - ALVARADO ST. TO W- JETTY- 934,300 •• 1923-- CITY'OF NEWPORT BEACH_ FROM BALBOATURN'ING BASIN - ON BEACH : «B" STREET 65,000 TOTAL 1919 - 1926 1,24)300 (B) 1926 - 34 PERIOD 1928 - CITY OF NEWPORT BEACH MAINTENANCE IN ENTRANCE CHANNEL - ON BEACH WEST OF W- JETTY 4o.000 1999 - CITY OF NEWPORT BEACH MAINTENANCE IN ENTRANCE CHANNEL,. ON BEACH WEST OF W- JETTY 21�000 1930 - CITY OF NEWPORT BEACH DREDGING ENTRANCk CHANNEL. ON BEACH WEST OF W- JETTY 530,000 I 19,1 - CITY OF NEWPORT BEACH , DREDGING VICINITY'YN AND OTH STS. ON BEACH AT OTH ST. 28,0o0 1932 - COUNTY,OF ORANGE MAINTENANCE ENTRANCE CHANNEL. ON BEACH WEST 07-W- JETTY 84, oo TOTAL 1926 - 34 753,500 TOTAL 1919 - 34 PERIOD 1,975,800 iL CAP 29. e CUBIC YARDS • FWD. (C) 934-35 PERIOD M U.S. GOVERNMENT AND ORANGE COUNTY HARBOR DISTRICT. DREDGING IN LOWER BAY. ON BEACH W. JETTY TO BALBOA PIER 21630,000 ON BEACH, BALBOA-PIER TO NEWPORT PIER 2,970,000 TOTAL 1934-35 TOTAL 1919-35 WEST JETTY TO NEWPORT PIER 2. NEWPORT PIER TO EAST JETTY AT SANTA ANA RIVER (A) 1921 - 1'939 PERIOD 1921 - ORANGE COUNTY OPENING OF CHANNEL TO OCEAN FOR SANTA ANA-RIVER OUTLET 80,OOo 1930 - CITY OF NEWPORT BEACH DREDGING W. NEWPORT CHANNELS, ON BEACH AT 36TH ST. 50,,000 1'934-35 U.S. Gov"T AND ORANGE COUNTY HARBOR DISTRICT DREDGING IN LOWER BAY. NEWPORT PIER TO 46TH STREET. 1,900z000 SUBTOTAL TO 1935 2,030,00p 19_-38 --CITY OF NEWPORT BEACH rDREDGING.RHINE ON BEACH.AT 23RD ST. 13,000 CUBIC YARDS 1,975,800 5,600,00 7,575,800 1939 - C'ITY OF NEWPORT BEACH FLOOD DAMAGE WEST NEWPORT y ON BEACH AT 42ND ST. 14'400 TOTAL 1930 - 39 NEWPORT PIER TO RIVER 2,057,400- (B) 1939 58 PERIOD 1942 - SOUTH COAST BOAT CO. DREDGING IN FRONT OF BOAT YARD l' ON BEACH AT 23RD ST. 30,500 1946 - BALBOA COVES SUBDIVIDER DREDGING CHANNELS, ON BEACH AT 38TH ST. 67,3oO 97.800 TOTAL 1921-58 NEWPORY PIER TO SANTA ANA RIVER 2055,200 1�41"pl 30. 0 • SUMMARY 1919 - 1958 1. HARBOR ENTRANCE TO NEWPORT PIER 7,575,800 CUBIC YARDS 2. NEWPORT PIER TO EAST JETTY AT SANTA ANA RIVER OUTLET 2,15 ,200 CUBIC YARDS TOTAL 1919 TO 1958 9,731,000 CUBIC YARDS ORDINARY HIGH TIDE LINE PRIOR TO CONSTRUCTION OF WEST JETTY AND DEPOSITING OF DREDGED MATERIALS ON OCEAN BEACH 79. A SEARCH OF ALL KNOWN RECORDS INDICATES THAT A SURVEY OF THE ORDINARY HIGH TIDE LINE ALONG THE OCEAN BEACH BETWEEN THE ENTRANCE TO NEWPORT BAY AND THE NEWPORT PIER WAS NOT MADE IMMEDIATELY PRIOR TO THE CONSTRUCTION OF THE ORIGINAL WEST JETTY IN 1917-18, AND THE DEPOSITING OF DREDGED MATERIAL ON THE OCEAN BEACH BETWEEN THE WEST • JETTY AND 8TH STREET IN THE SPRING'OF 1919. APPARENTLY LOCAL INTERESTS DID NOT MAKE A SURVEY AS THEY CONSIDERED THE ORDINARY HIGH TIDE LINE MORE OR LESS CONFORMED TO THE SURVEYS OF THE ORDIN- ARY HIGH•TIDE LINE OF 1889 AND 19O$ BY S. H. FINLEY, U.S. DEPUTY SURVEYOR, MAPS NOS. 5 AND 6, (PARS- 11 TO 17); THE SURVEY of 1912 BY THE U.S. DISTRICT ENGINEER, MAP No. 13, AND TRACT.MAPS ALONG THE OCEAN SHORE, MAPS NOS. 7, 8, 9, 10 AND 11. ALSO MAPS NOS. 14, 15, 16 AND 17 AND PHOTOGRAPHS 1 TO 7 INCLUSIVE, SHOW THE SHORE LINE APPROXIMATELY THE SAME AS THE 1889 AND 1912 SURVEYS- 8D. FURTHER EVIDENCE OF THE PROXIMITY OF THE SHORE LINE TO THE BOARDWALK ALONG OCEAN FRONT, FORMERLY SURF AVENUE, CAN BE SHOWN BY STATEMENTS OF LONG TIME RESIDENTS AND ARTICLES IN THE NEWPORT NEWS PRESS. .1 CAN RECALL GOING SWIMMING AT THE,BALBOA PIER IN �,• 191q WHEN THE BEACH WAS VERY NARROW AND HAD A VERY FLAT SLOPE AS SHOWN BY PHOTOGRAPHS 1 AND 2- OF COURSE, AT THAT TIME AND Q';'p 31. ' 1 l' AGE '1 WAS ONLY INTERESTED IN SWIMMING. A LIST OF LONG TIME !� RESIDENTS WHO COULD RECALL THE NARROW BEACH AND THE SEA BREAKING i OVER THE PENINSULA DURING THE PREVALENCE OF OCEAN STORMS AS � rc �INDICATED BY PHOTOGRAPHS 5, 6 AND 7 IS INCLUDED IN THE REPORT. 4 81. ARTICLES APPEARING IN THE NEWPORT NEWS —PRESS AS EARLIY AS SEPTEMBER, 1911 ,INDICATE THE OCEAN WAVES CAUSED DAMAGE ALONG THE 1 OCEAN FRONT BOARDWALK AND ENDANGERED PROPERTY IN THE BALBOA AND I i NEWPORT SECTIONS. ARTICLES ON STORM DAMAGE AND BEACH PROTECTION APPEAR IN THE FOLLOWING ISSUES' SEPT. 2 AND OCT. 7, 1911p JAM. 135 1913; JAM-, 30p FEB. 6 AND 132 MARCH 6 AND 279 APRIL 10p MAY 1$ 8 AND 22p JUNE 121AND 19p JULY 10, AUG. 7 AND 9p AND SEPT. 11p 1915; JAN. 22 AND 29p MARCH 41 MAY 20 AND AUG. 15p 1916; SEPT. 13p 1918. THREE ARICLES OF P;1RTICULAR NOTE ARE AS FOLLOWS: (JAN. 30p FEB. 13 AND MAY Sp 1915) ^LEEDS AND BARNARDp CONSULTING ENGINEERSp WERE EMPLOYED BY THE CITY TO MAKE A REPORT ON BEACH PROTECTION OF PROPERTY e - I;,li ALONG THE NEWPORT BALBOA OCEAN FRONT. REPORT OF ENGINEERS } SUGGESTED A SERIES OF GROINS AND BULKHEADS FOR SHORE pR0- . TECTION. , (AUG. 25p 1916) ' MEETING OF CITY TRUSTEES: SEVERAL PROTESTS ON BALBOA BULKHEAD ,., PLAN. THERE WAS NO 1MMEDIAT$ -NECESSITY FOR SAME, THAT THE �r CONSTRUCTION OF THE WEST &VTY'MAY RENDER A BULKHEAD UN= NECESSARY. r V 90CT. 27,'-1927) 1, CLEAR CUT STATEMENT i$SURED BY CITY ENGINEER KRESSLEY: HE - CALLS ATTENTION TO STORMS OF SPRING 1916 WHEN THE ENTIRE ,a BEACH FRONTAGE FROM WEST CITY LIMITS TO HARBOR ENTRANCE WAS i '4 32. WASHED OUT AND PARTICULARLY IN THE NEWPORT-BALBOA SECTION WHERE THE BEACH FRONT WAS ERODED TO AND UNDER THE BUILDINGS ALONG THE OCEAN FRONT. IN FACT., WHEN THE BOARDWALK WAS CONSTRUCTED IN 1917, THE BEACH LEVEL AT THAT TIME WAS FROM 7 TO 8 FEET BELOW THE TOP OF THE BULKHEAD. HE STATED FURTHER THAT IN 1923 THE BEACH WAS WIDENED 200 TO 250 FEET WITH DREDGED MATERIALS. 82. MAP N0. 13 SHOWING THE 1912 SURVEY DOES NOT INDICATE THE OR- DINARY HIGH TIDE LINE ALONG THE OCEAN SHORE LINE BUT DOES SHOW THE HIGH WATER MARK AS INDICATED BY A HEAVY FULL LINE AND THE MEAN LOWER LOW WATER BY A DOTTED LINE. THE MAP SHOWS HYDROGRAPHY OFFSHORE BETWEEN THE ENTRANCE TO THE BAY AND THE BALBOA PIER. THE ORDINARY HIGH TIDE LINE TAKEN AT 4.60 ABOVE MEAN LOWER LOW WATER WAS DE- TERMINED BY INTERPOLATION BETWEEN THE LINES OF MEAN LOWER LOW WATER . AND THE HIGH WATER MARK. 83- ORDINARY HIGH TIDE OR MEAN HIGH TIDE IS THE AVERAGE OF ALL HIGH TIDES AND IS AT ELEVATION 4.6 FEET., WHICH WAS DETERMINED BY THE U. S- COAST AND GEODETIC SURVEY FROM ONE YEAR AUTOMATIC TIDE GAUGE RECORDS ON THE OCEAN PIER AT MAIN STREET, BALBOA., DURING A 12 MONTHS PERIOD.FROM JUNE 1931 TO MAY 19321 t1EDUCED TO MEAN VALUES BY COMPARISON WITH SIMULTANEOUS OBSERVATIONS AT SAN FRAN- CISCO., CALIFORNIA WHERE THE DATUM PLANE HAD BEEN ESTABLISHED FROM } OBSERVATIONS OF TIDES OVER A LONG PERIOD OF TIME. THE U-,S. COAST AND GEODETIC SURVEY FURNISHED THE EQUIPMENT FOR THE OCEAN PIER AT MAIN STREET AS WELL AS FOR OTHER LOCATIONS IN NEWPORT BAY, WHICH WERE INSTALLED AND MAINTAINED BY THE CITY UNDER MY SUPERVISION. p THE U. S. COAST AND GEODETIC SURVEY ESTABLISHED AN ELEVATION �' OF 7.13 FEET ABOVE MEAN LOWER LOW WATER ON A STANDARD U.S.C. R4 P 33- 0 • AND G. S. BRONZE DISC, MARKED NO- i, SET IN CONCRETE IN THE CURB ALONG THE BAY FRONT 7 FEET WESTERLY OF WESTERLY CURB OF WASHLNGTON STREET. D. S. COAST AND GEODETIC.. DATUM 0.0 EQUALS ELEVATION 99.11 ON CITY OF NEWPORT BEACH DATUM PLANE. 84. PHOTOGRAPHS NOS. 1, 2, 3 AND 4 TAKEN IN 1910 AND 1912 SHOW A GENTLE SLOPING BEACH COMPARED TO THE STEEP SLOPES FOLLOWING THE DEPOSITING OF DREDGED MATERIAL FROM THE BAY. THE STEEPER SLOPES WERE DUE TO SAND FROM THE 8'.9YI•IBE30GNMUAUCROAB$EBCMHANAWHEI;DROO I MAL,.'. BEACH SAND. IN ORDER TO DETERMINE THE BEACH SLOPES OF 1912, SEVEN PROFILES OF THE BEACH MADE BY THE U.S. DISTRICT ENGINEER IN OCTOBER 1934 (3), WEST OF 14TH STREET, WHERE DREDGED MATERIAL HAD NOT BEEN DEPOSITED ON THE BEACH, WERE SELECTED AS A GUIDE. THE AVERAGE SLOPE OF THESE PROFILES BETWEEN MEAN LOWER LOW WATER AND MEAN HIGH TIDE WAS I VERTICAL ON 30 HORIZONTAL AND ABOVE MEAN HIGH TIDE THE SLOPE WAS ABOUT I ON 10 DEPENDING UPON THE ELEVATION OF CREST OF THE BERM r OF THE FORESHORE. LEEDS AND BARNARD SURVEY OF 1916 (11), INDICATES A SLOPE OF I ON 32 BETWEEN MEAN LOWER LOW WATER AND ELEVATION OF 6.00 FEET AT A POINT ABOUT 1800 FEET UPCOAST OF THE WEST JETTY. 85- PROFILES OF THE OCEAN SHORE LINE IN THE VICINITY OF THE HUNTINGTON BEACH'PIER MADE BY ORANGE COUNTY IN JULY 1937 (3), SHOW BEACH SLOPES OF ABOUT I ON 50 BETWEEN MEAN LOWER LOW WATER AND MEAN HIGH TIDE ..AND ABOUT I ON 20 ABOVE MEAN HIGH TIDE- IN THE SUNSET BEACH AREA THE SLOPES WERE I ON 40 AND I ON II. 86. .IN VIEW OF THE FOREGOING STUDIES OF BEACH SLOPES, IT IS BE- LIEVED THAT A CONSERVATIVE DETERMINATION OF THE LOCATION OF THE MEAN H,IGH TIDE LINE IN 1912 OF MAIN STREET, BALSOA, WOULD BE _ �iAS FFOLLOWS: 3�• ' MEAN LOWER LOW WATER LINE TO MEAN HIGH TIDE LINE, 138 FEET • BASED ON A SLOPE OF I FOOT VERTICAL ON 30 FEET HORIZONTAL; MEAN HIGH TIDE LINE TO' HIGH WATER MARK, A DISTANCE OF 70 FEET. BASED ON A SLOPE OF I ON II. SHORE LINE CHANGES 87-. THE LOCATION OF THE ORDINARY HIGH TIDE LINES, INCLUDING THE 1912 LINE' COMPILED FROM VARIOUS SURVEYS, MAPS AND CHARTS ARE SHOWN ON MAPS ENTITLED "SHORE LINE CHANGES OF THE PACIFIC OCEAN BETWEEN ENTRANCE TO NEWPORT BAY AND THE SANTA ANA RIVER" MAP NO. 21 AND "ORDINARY HIGH TIDE LINE CHANGES OF THE PACIFIC OCEAN' BETWEEN'ENTRANCE TO NEWPORT BAY AND ALVARADO STREET." MAP N0. 22. MAP No. 21 WAS PREPARED TO STUDY THE SHORE LINE CHANGES OVER A PERIOD OF TIME AND MAP NO. 22 WAS PREPARED -TO . SHOW THE SECTION OF THE SHORELINE WHERE UPLAND OWNERS ARE CLAIMING TITLE TO FILLED TIDE LANDS. PROFILES OF THE OCEAN SHORE ARE SHOWN ON DRAWING "PROFILES OF OCEAN SHORE, BETWEEN NEWPORT HARBOR ENTRANCE AND NEWPORT PIER" (SHEETS 2 AND 3, MAP No. 23. 88. THE SHORELINE EXTENDS IN A WESTERLY DIRECTION FROM THE ENTRANCE TO NEWPORT BAY TO NEWPORT PIER, THENCE IN A'NORTHWESTERLY DIRECTION TO THE SANTA ANA RIVER, FORMING AN OBTUSE ANGLE AT NEWPORT PIER, 1N THE VICINITY OF THE HEAD OF A SUBMARINE CANYON. 89. THE BAR AT THE ENTRANCE TO THE SAY AS SHOWN IN THE 1875 AND 1878 SURVEYS,"WAS ERODED AWAY SOME TIME AFTER THE ENTRANCE MOVED TO ITS PRESENT LOCATION, AS SHOWN BY THE 1912 SURVEY. THIS MOVEMENT OF THE BAR EASTERLY ABOUT 2,000 FEET CAUSED A '.. STRAIGHTENING AND RECESSION OF THE SHORE.LINE UPCOAST FROM R,c,P 35. THE FORMER ENTRANCE TO THE VICINITY OF 12TH STREET AS SHOWN • ON MAP NO. 21. THE SURVEY OF THE ORDINARY HIGH TIDE LINE IN 1889 AND 19o4, AND 1912, ALL PRIOR TO CONSTRUCTION OF THE WEST JETTY, ARE THE BEST EVIDENCE AS TO THE LOCATION OF THE ORDINARY HIGH TIDE LINE PRIOR TO DEPOSITING OF DREDGED MATERIALS ALONG THE OCEAN BEACH SINCE 1919. 90. A COMPARLSON OF THE 1904 SURVEY AND THE 1912 BETWEEN THE ENTRANCE AND »I„ STREET ABOUT 2100 FEET UP COAST SHOWS THAT THE ORDINARY HIGH TIDE LINE ADVANCED SEAWARD 380 FEET AT THE WEST JETTY AND THE LINES COINCIDE AT 'T' STREET. THE 191E SURVEY IS ABOUT THE SAME AS 1912 AT THE JETTY*AND 55 FEET SHORE- WARD AT POINT 600 FEET UP COAST, AND COINCIDES WITH THE 1912 LINE AT °L" STREET. THE ENTRANCE CHANNEL PRIOR TO CONSTRUCTION • OF THE WEST JETTY WAS SUBJECT TO CONSTANT AND, AT TIMES, RAPID CHANGES: THESE CHANGES DEPENDING UPON THE DIRECTION OF THE PREVAILING WINDS AND WAVES. DURING THE FALL AND WINTER MONTHS THE CHANNEL WAS CLOSE TO THE ROCKS ON THE EASTERLY SIDE, AND IN THE SUMMER MONTHS WAS NEAR THE SAND SPIT ON THE WEST SIDE, (12),,WHICH.RESULTED IN CHANGES,OF THE ADJACENT SHORE LINE. 91. BETWEEN "I° STREET AND "E" STREET THE 1904 AND 1912 LINES ARE ABOUT THE,SAME COINCIDING AT BOTH ENDS, WITH THE 1912 LINE ABOUT 7 FEET SEAWARD AT IT. STREET. BETWEEN "E" STREET AND SUMMIT STREET THE 1912 LINE WAS TO THE SEAWARD OF THE 1889 LINE AS FOLLOWS: 36. 4 STREET FEET • t SET 1 0 "D n 17 i1`. 1T 29 ,;811 36 MAIN 4o WASHINGTON 43 PALM 48 ADAMS 46 CORONADO 37 ALVARADO 35 9TH 30 13TH 35 17TH 10 • NEWPORT PIER 10© 29TH 150 36TH 4o 44TH 10 60TH 80 SUMMIT 80 92. THE ORIGINAL BOUNDARY LINES OF THE SUBDIVISIONS BETWEEN t1E.° STREET AND 9TH STREET FOLLOWED THE 1889 LINE. THE sus - DIVISIONS BETWEEN 9TH STREET AND THE SANTA ANA RIVER, PLACED OF s RECORD BETWEEN -1902 AND 1911, SHOW THE SEAWARD BOUNDARY LINES . WHICH ARE VERY CLOSE TO THE 1912 LINE. 1T IS APPARENT FROM THE FOREGOING COMPARISONS THAT THE NEWPORT PIER, CONSTRUCTED IN 1888, INTERRUPTED THE ALONG SHORE MOVEMENT OF SAND RESULTING IN ARTIFICIAL ACCRETION OF THE $EACH_OF ABOUT 100 FEET AT THE PIER. K LK1 37- THE ACCRETIONS EXTEND UP COAST BEYOND THE 36TH STREET PIER • CONSTRUCTED IN 1907., FOR ABOUT 5600 FEET AND EXTENDED DOWNCOAST AB OUT 1000 FEET FROM THE PIER- UPCOAST FROM 44TH STREET MOVEMENT SEAWARD AS MUCH AS 80 FEET IS INDICATED- THE BALBOA PIER., CONSTRUCTED IN 1905., TO SOME EXTENT CAUSED SLIGHT ACCRETIONS IN THE IMMEDIATE VICINITY,, ALTHOUGH THE PIER CONSISTED OF 3 WOOD PILE .BENTS SPACED 20 FEET APART- 93. A COMPARISON OF THE 1912 AND 1924 SURVEYS,, MADE AFTER THE COMPLETION OF THE WEST JETTY IN 1918, AND DEPOSITING OF ABOUT I., 242.,300 CUBIC YARDS OF DREDGED MATERIAL ON THE BEACH DURING THE 1919-1923 PERIOD,, SHOWS AN ADVANCE SEAWARD OF 225 FEET IN THE SHORE LINE BETWEEN THE ENTRANCE TO THE BAY AND THE BALBOA PIER- THE 1926 SURVEY SHOWS RECESSION OF THE SHORE LINE AFTER • 1924 OF 110 FEET AT 600 FEET UPCOAST OF THE WEST JETTY,, AND 5 FEET .AT °G. STREET AND 32 FEET AT THE BALBOA PIER- 94- ABOUT 753y5OO CUBIC YARDS OF DREDGED,MATERIAL WAS DEPOSITED ALONG THE OCEAN BEACH BETWEEN THE WEST JETTY AND THE NEWPORT PIER DURING THE 1926-34 PERIOD- THE SURVEYS SHOW THE FOLLOWING AVERAGE ADVANCE SEAWARD OF THE SHORE LINE. WEST JETTY TO "0 STREET,, 30 FEET,, "Ln STREET TO C©RONADO STREET.,,80 FEET; CORONADO STREET TO NEWPORT PIER., 140 FEET; A RECESSION OF THE SHORE LINE OF 50 TO 155 FEET OCCURRED BETWEEN 30TH STREET AND 50TH STREET, THE MAXIMUM BEING BETWEEN 38TH AND 40TH STREETS - THE SHORE LINE ADVANCED SEAWARD FROM 51ST STREET TO CYPRESS STREET., BEING 160 FEET AT THAT LOCATION,, WHICH WAS THE WESTERLY LIMIT OF THE 1926 SURVEY- THE, 1934 SURVEY WAS MADE IN OCTOBER FOLLOWING THE 'SEVERE OCEAN STORM IN AUGUST AND SEPTEMBER WHICH CAUSED CONSIDERABLE EROSION OF THE BEACH AND DAMAGE TO DWELLINGS Qi 3&- WEST OF 36TH STREET) SAND WAS MOVED UP COAST WESTERLY OF•51ST • STREET. 95. THE DREDGING RECORDS OF THE BAY IN 1934®35 SHOW THAT 5,600,000 CUBIC YARDS OF MATERIAL WERE DEPOSITED ALONG THE SHORE LINE BETWEEN THE WEST JETTY AND THE NEWPORT PIER. ,THE CHANGE IN THE SHORE LINE IN THIS AREA BETWEEN• 1934 AND 19399 WAS AN ADVANCE OF ABOUT 300 FEET. THELAVERAGE NET CHANGE OF THE SHORE LINE BETWEEN 1912 AND 1939 WAS ABOUT 540 FEET. THE SHORE LINE ADVANCED 560 FEET AT "Gn STREET; 540 FEET AT THE BALBOA PIER, 575 FEET 'AT CORONADO STREET; 540 TO 700 FEET EASTERLY OF "C" STREET; 600 TO 500 FEET, WESTERLY OF CORONADO STREET TO NEWPORT PIER. THE SURVEY OF 1958 SHOWS THE SHORE LINE SUBSTANTIALLY THE SAME AS THE 1939 SURVEY. 96. BETWEEN THE NEWPORT PIER AND THE SANTA ANA RIVER OUTLET • ABOUT 130,000 CUBIC YARDS OF DREDGED MATERIAL WAS DEPOSITED ALONG THE SHORE LINE, BETWEEN 1921 AND 1934; 1,900,000 CUBIC YARDS IN 1954-35; 27,400 IN 1938-39; 107,800 CUBIC YARDS IN 1942-46, MAKING A TOTAL OF 2055,200 CUBIC YARDS OF MATERIAL DEPOSITED IN TMIS AREA. CHANGES IN THE SHORE LINE BETWEEN 1934 AND 1939 WAS AN ADVANCE AS FOLLOWS: 20 FEET AT NEWPORT PIER; 140 FEET AT 36TH STREET; 228 FEET AT 45TH STREET; 90 FEET AT 60TH'STREET; 0 FEET AT THE SANTA ANA RIVER. THE AVERAGE MET CHANGE OF THE SHORE LINE BETWEEN 1912 AND 1939 WAS AN ADVANCE OF ABOUT 100 FEETy BETWEEN THE NEWPORT PIER AND 36TH STREET; 165 FEET BETWEEN 36TH AND CEDAR AVENUE; 300 FEET IN THE VICINITY OF THE SANTA ANA RIVER.- THE SURVEY OF 1958 SHOWS THE SHORE LINE ,•,� TO BE SUBSTANTIALLY THE SAME AS THE' 1939 LINE UP COAST OF NEWRORT PIER, EXCEPT BETWEEN•30TH Q� .39 STREET AND 54TH STREET WHERE THERE IS A SHOREWARD MOVEMENT., • WITH MAXIMUM CHANGE OF 90 FEET OCCURRING AT 36TH STREET. SAND MOVEMENT 97. THE FIVE PHENOMENA AFFECTING SHORE LINES ARE WIND., WAVE., TIDE., TIDAL CURRENT AND NEW SAND SUPPLY., THE DETRITUS., WHICH .. IS CARRIED BY STREAMS IN FLOOD FLOW.,.CONSTITUTES THE MAIN SOURCE OF SUPPLY OF SANDS TO THE OCEAN BEACH AND A SMALL AMOUNT -THAT r WOULD OCCUR FROM SLOW EROSION OF BLUFFS AND ABRASION OF ROCKS. LONGSHORE SAND DRIFT IS GENERALLY CONCEDED TO BE.CAUSED PRINCIPALLY BY TWO PROCESSES., BOTH OF WHICH RESULT FROM WAVE ACTION. ONE PROCESS., TERMED "DIFFUSION.," IS THE STIRRING INTO TEMPORARY SUSPENSION,OF BOTtOM SEDIMENTS BY WAVE ACTION. THE OTHER PROCESS., TERMED "ADVECTION °., IS THE LATERAL TRANSPORTATION OF THE SEDIMENTS • BY ADVECTION CURRENT SYSTEM SET UP BY WAVES., TIDES., OR WINDS. MOST IMPORTANT OF THE ADVECTION CURRENTS IS THE LITTORAL CURRENT PREVALENT IN THE BREAKER ZONE WHEN THE WAVES APPROACH SHORE OBLIQUELY. THE VELOCITY OF THIS CURRENT APPEARS TO INCREASE WITH THE ANGLE BETWEEN DIRECTION OF WAVE TRAVEL AND THE NORMAL TO SHORE. 98. THE LITTORAL DRIFT ALONG THE CALIFORNIA COAST., IS PREDOMINATELY DOWN-COASTy BELNG AT A•GREATER RATE NORTHWARD OF POINT FIRMINg WITH A REDUCED RATE OF DOWNCOAST DRIFT TO THE SOUTHEAST$ OWING TO A MARKED UPCOAST DRIFT DURING THE FALL AND WINTER MONTHS IN SOME SECTIONS OF ORANGE AND SAN DIEGO COUNTIES. 99. THE SANTA ANA RIVER IS THE PRINCIPAL SOURCE OF SAND -SUPPLY TO THE NEWPORT BEACH AREA. THE' RIVER IS BOO MILES LONG,, AND .0 DRAINS 2$502 SQUARE MILES OF TERRITORY. THIS FIGURE INCLUDES 764 MILES IN THE SAN JACINTO BASIN CONTROLLED BY LAKE ELSINORE., 9'C 9 4o. WHICH OVERFLOWS INTO TEMESCAL WASH AND DRAINS INTO THE SANTA ANA • RIVER ONLY IN TIMES OF MAJOR FLOOD OR AFTER A SERIES OF FLOOD YEARS. THE LAST SUCH OVERFLOW OCCURRED IN 1916d DURING THE PERIOD 1771-1938, FLOODS OCCURRED OF GREATER OR LESS INTENSITY, WHICH INDICATES AN AVERAGE EXPECTANCY OF FLOODS OF ONE IN FIVE YEARS. THE FLOOD OF 1861-62 IS CONSIDERED TO BE THE GREATEST FLOOD OF THE PERIODa OTHER MAJOR FLOODS OCCURRED IN 04, 1916, AND 1938. THE FLOW OF THE SANTA ANA RIVER REACHED A MAXIMUM DISCHARGE OF 45,000 CUBIC FEET PER SECOND IN THE FLOOD OF 1916, AS COMPARED WITH 100,000 C.F.S IN 1938- THE AVERAGE EXPECTANCY OF MAJOR FLOODS IS ABOUT ONE IN 30 YEARS. 100. THE FLOODS OF 1916 BREACHED THE BARRIER BEACH ABOUT 1.25 MILES UPCOAST FROM THE PRESENT SANTA ANA RIVER OUTLET, CONSTRUCTED IN 1920. THE BARRIER BEACH WAS BREACHED AGAIN AT THE SAME LOCATION • DURING THE 1927 FLOOD. THE AMOUNT OF MATERIAL PASSING THROUGH THIS BREAK WAS VERY SMALL AS THE FLOODS FLOWED OVER SO MUCH FLAT LAND BETWEEN THE HUNTINGTON BEACH MESA COSTA MESA BLUFFS, ABOUT 2.5 MILES APART. 101. THE SAN SUPPLY FURNISHED TO THE OCEAN BEACH BY THE SANTA ANA RIVER DURING FLOODS HAS PRACTICALLY BEEN ELIMINATED BY THE CONSTRUCTION OF FLOOD CONTROL DAMS, STORAGE RESERVOIRS AND SOIL CONSERVATION DURING THE PAST 30 YEARS. CONSTRUCTION OF OFFSHORE STRUCTURES -SUCH AS THE Los ANGELESmLONG BEACH BREAKWATER AND ANAHEIM BAY JETTIES HAVE CUT OFF ANY POSSIBILITY OF SAND SUPPLY FROM THE Los ANGELES AND SAN GABRIEL RIVERS, REACHING ORANGE COUNTY BEACHES. AS A RESULT, TODAY THE ONLY PRACTICAL MEANS OF PREVENTION OF A RECESSION OF THE SHORE LINE IS BY ARTIFICIAL •REP�L*ENISHMENT OF THE BEACHES THRU IMPORTATION OF BEACH MATERIALS 4 I OR BY-PASSING MATERIAL WHERE ACCUMULATED BY OFFSHORE STRUCTURES; . BY MEANS OF A SAND PUMPING PLANT. 102. D. E. HUGHES; LONG TIME PRINCIPAL ENGINEER WITH THE U.S- DISTRICT ENGINEER, AND IN CHARGE OF THE SURVEYS OF NEWPORT HARBOR IN 1912 AND 19249 MADE THE FOLLOWING COMMENTS IN A MEMORANDUM - DATED FEBRUARY 3, 1924- "SHOREWARD OF THE LINE OF BREAKERS WHICH ARE ABLE TO STIR UP SAND, THERE IS ON ANY SANDY SHORE SOME MOVEMENT OF MATERIALS ALONG THE BEACH, FIRST ONE WAY THEN THE OTHER; BUT AT NEWPORT BAY THERE IS NOT; AS MANY CLAIM, A MARKED PREPOPDERANCE EASTWARD; FOR OTHERWISE THERE WOULD BE EITHER A 'TRAVEL EASTWARD WITHOUT END; OR ELSE A GREAT ACCUMULATION OF SAND AT THE END OF TRAVEL. EXAMINATIONS MADE BY ME IN 1912, AND'AGAIN LAST WEEK, OF THE ROCK COVERED SHORE BETWEEN "POND POINT", STATION 23 AND "ARCH ROCKY" STATION 26, FAILED TO FIND • EVIDENCE THAT MUCH IF ANY SAND HAD EVER TRAVERSED THAT STRETCH OF SHORE. THERE IS A LITTLE SAND HERE AND THERE LODGED IN POCKETS9 BUT NO MORE THAN WOULD BE EXPECTED FROM SLOW EROSION OF THE BLUFF AND ABRASION OF THE ROCKS IN THAT VICINITY. IN 1875 THE ROCKY BEACH PRACTICALLY FREE FROM SAND EXTENDED WESTWARD TO STATION 19"y (AT BASE OF EAST JETTY). ----"NO SAND HAS PASSED FROM THE WEST THROUGH THE OUTER PART OF THE JETTY NOR AROUND ITS OUTER END AS SOME PARTIES HAVE ASSUMED; FOR THE DEPTHS ARE GREATER,ON THE WEST SIDE OF THE JETTY THAN ON THE EAST. NEITHER HAS THERE BEEN AN ADVANCE OF THE BAR EASTWARD BEYOND THE END OF THE JETTY., THOUGH THE SHOAL HAS BEEN EXTENDED TO A POINT ABREAST OF IT, AND THE BAR CHANNEL HAS ITS LEAST DEPTH THERE. THE SOUTH END OF THE SHOAL IS FOUND TO BE VERY STEEP; LIKE THE i •SLOPES OF COARSE SAND DREDGI'NGS DEPOSITED BEYOND 'LOW WATER MARK." �Z,v 42. i • • 103. THE OBSERVATIONS OF MR. HUGHES ARE VERIFIED BY MY OWN OBSERVATIONS AND SURVEYS SINCE 1920 AND BY COMPARISON OF MAPS NOS: 2., 3, 4,.13 AND 20. YEXCEPT FOR THE SMALL BEACH EAST OF THE NEWPORT ENTRANCE THERE ARE ONLY SMALL CRESCENT BEACHES IN THE EMBAYMENTS ALONG THE RUGGED SHORE OF THE CORONA DEL MAR SECTION EASTWARD TO ABALONE POINT. THE SHORE LINE AT THE EAST JETTY ADVANCED ABOUT'750 FEET FROM 1875 TO 1939" 1N THE REMAINDER OF THE'SECTION., COMPARISON OF THE 1885 AND 1934 SURVEYS SHOWS A SLIGHT EROSION OF THE HEADLANDS AND SLIGHT ACCRETIONS ON THE INTERVENING SHORES (2). 104. THE CONSTRUCTION OF THE WEST JETTY HAS RESULTED., IN GENERAL., IN STABILIZATION OF THE SHORE LINE TO THE WEST., AND RETENTION OF DREDGED MATERIAL PLACED THERE. PRIOR TO '1934, THE DREDGED MATERIAL PLACED ON THE BEACH IMMEDIATELY UPCOAST OF THE JETTY, WAS DISTRIBUTED UPCOAST BEYOND THE BALBOA PIER BY ACTION OF THE WAVES., AND CONSIDERABLE EROSION OCCURRED ADJACENT TO THE JETTY., BECAUSE OF THE DIVERGENCE BETWEEN THE AXIS OF THE JETTY (S.150001 E.) AND THE NORMAL DIRECTION OF THE WAVE TRAVEL, BEING GENERALLY FROM SOUTH SOUTHWEST. 105. THE REPORT OF THE 1937-4o (2), STUDY OF BEACH EROSION IN ORANGE COUNTY BETWEEN THE SAN GABRIEL RIVER AND ABALONE POINT., 4.25 MILES EASTERLY OF THE ENTRANCE TO NEWPORT BAY, FdPND THAT THE LITTORAL DRIFT VARIES ACCORDING TO LOCAL CONDITIONS, AND THAT THERE IS NO PREDOMINATE DRIFT THROUGHOUT THE AREA; IN THE$AN GABRIEL RIVER m ANAHEIM BAY AREA THE •DRIFT WAS DOWN COAST.. IN THE HUNTINGTON BEACH AREA, SEAWARD ADVANCE OF THE SHORE LINE AND THE C AND 12 FOOT DEPTH CURVES SINCE THE EARLIEST SURVEYS REPRESENTS THE ACCUMULATION OF A CONSIDERABLE QUANTITY QV 43 1. • OF BEACH MATERIAL. THE�BROAD ZONE OF PROTECTION FROM THE REMOTELY PROPAGATED SOUTHWEST SLAVE ACTION AFFORDED THIS AREA BY OFFSHORE ISLAND$ COMPARED TO THE UNLIMITED EXPOSURES FROM THE SOUTHEAST$ INDICATES THAT A MAJOR PORTION OF SUPPLY MAYBE UPCOAST LITTORAL DRIFT$ FED- PRIMARILY BY THE PERIODICALLY REPLENISHED FLOOD DEBRIS DELTA AT THE MOUTH OF THE SANTA ANA RIVER. 1©6. SUMMARIZING THE EVIDENCE OF SAND MOVEMENT IN THE VICINITY OF NEWPORT AS INDICATED BY SURVEYS MADE IN 1935 AND 1939SUBSE- QUENT TO THE DEPOSIT OF DREDGED MATERIAL., IT WAS FOUND THAT THE LITTORAL DRIFT BETWEEN NEWPORT PIER AND THE SANTA ANA RIVER OUTLET IS SUBJECT TO REVERSAL IN DIRECTION$ THAT THE RATE OF TRAVEL IN EITHER DIRECTION PAST NEWPORT PIER WAS SMALL; AMD THE SHORE LINE BETWEEN NEWPORT PIER AND NEWPORT BAY ENTRANCE WAS STABLE (2J. 107. A STUDY OF BEACH QUANTITIES$ SUBSEQUENT TO THE DEPOSITING OF DREDGED MATERIALS ON THE BEACH BETWEEN NEWPORT BAY ENTRANCE AND NEWPORT PIER, A DISTANCE OF '�.82 MILES, AND BETWEEN NEWPORT PIER AND THE SANTA ANA RIVER OUTLET., A DISTANCE OF 2.33 MILES$ COMPILED FROM VARIOUS SURVEYS MADE BETWEEN 1934 AND 19)8 ARE SHOWN IN TABLE 2. THE SURVEY OF 1934$ MADE PRIOR TO THE DEPOSIT OF DREDGED MATERIAL ON THE BEACH$ WAS USED AS A BASE FOR DE- TERMINING THE VOLUMETRIC CHANGES IN PROFILES TAKEN AT INTERVALS OF ABOUT 1$000 FEET. THE QUANTITY OF MATERIAL DEPOSITED ON THE BEACH IS SHOWN IN TABLE 1. n�n 44. TABLE 2 STUDY OF BEACH QUANTITIES SUBSEQUENT TO DEPOSITING OF DREDGED MATERIALS 1934 -- 1958 COMPUTED FROM VARIOUS SURVEYS HARBOR ENTRANCE TO NEWPORT PIER TO TOTALS NEWPORT PIER MILES) SANTA ANA R'IvER (2-326 MILES (5.148 MILES) YEAR CUBIC YDS. CUBIC YDS., CUBIC Yos: OCT. 1934 00 00 00 Nov. 1935 5,607,400 1890.900 4215,000) 7g10?,300 -42 -(705100) 5,100) Nov.. 1936 5P379300 1 6759900 +(417.,500) 7 2132200 +0}132500) 45q.4,o00) JULY 1937 5 533g9300 2 o93,400 7 626,700 'o) +�t3Zi,100) -t 30,500) -�107, • MARCH 1939 5 671,400 +1 08161o) 2 o62,goo -6009650) 7 7g4.1300 �1 2,940) OCT- 1958 '5079DOOI0 1,762.25o 79552,260 DREDGED MAT- ERIAL DEPOS- ITED SINCE 1934 5,600,000 2,0250200 7,6259700 GAIN.24 YEAR PERIOD 1900'110 Loss 2620950 Loss 720940 ANNUAL ANNUAL ANNUAL GAIN -- 79917 CU.YDS. Loss -- 10,956 Loss 30039 * 108. THE U.S. COAST AND GEODETIC SURVEY OF 1926 (Io), TERMINATED AT 40TH STREET- I'N THE SECTION EASTWARD OF NEWPORT PIER, BETWEEN APRIL 1926 AND OCTOBER 19340 A PERIOD OF 8.56 YEARS, THERE WAS AN ANNUAL LOSS OF 7,321 CUBIC YARDS. APPARENTLY THIS LOSS IS DUE TO 44(A) 0 9 THE BREACHING OF THE WEST J€TTY AT THE SHORE END IN 1925 WHICH RESULTED IN THE MOVEMENT OF AN UNDETERMINED AMOUNT OF SAND EASTWARD INTO THE ENTRANCE CHANNEL PRIOR TO THE REPAIR OF THE JETTY IN 1927 109. IN THE SECTION EASTWARD OF NEWPORT PIER AGAIN OF 614,000 CUBIC YARDS IS INDICATED BETWEEN NOVEMBER 1935 AND MARCH 193% A PERIOD OF 3 YEARS AND 4 MONTHS., OR ANNUAL GAIN OF 19$279 CUBIC YARDS. WESTWARD OF NEWPORT, FOR THE SAME PERIOD, THERE WAS A GAIN OF 17P-,000 CUBIC YARDS, OR ANNUAL GAIN OF 51,652 CUBIC YARDS. BETWEEN MARCH 1939 AND OCTOBER 1958, A PERIOD OF 19 YEARS AND 7 MONTHS; EASTWARD OF NEWPORT PIER THERE WAS A GAIN OF 118,610 CUBIC YARDS OR AN ANNUAL GAIN OF 5.,968 CUBIC YARDS; WESTWARD OF NEWPORT PIER; FOR THE SAME PERIOD THERE WAS A LOSS OF 300,650 CUBIC YARDS OR AN ANNUAL LOSS OF 15,127 CUBIC YARDS. BETWEEN OCTOBER 1934, PRIOR TO DEPOSITING OF DREDGED MATERIAL ON THE BEACH, AND OCTOBER 1958, A 24 YEAR PERIOD; EASTWARD OF NEWPORT-PIER THERE WAS A GAIN OF 190,010 CUBIC YARDS., OR AN ANNUAL GAIN OF 7,917 CUBIC YARDS; WESTWARD OF NEWPORT PIER THERE WAS A LOSS OF 262,950 CUBIC YARDSg OR AM ANNUAL LOSS OF Bo,956 r CUBIC YARDS. 110. A MAJOR FLOOD OCCURRED IN 19389 HOWEVER, A LOSS OF 30,500 CUBIC YARDS OCCURRED BETWEEN JULY 1937 AND MARCH. 1939 IN THE NEWPORT PIER - SANTA ANA RIVER SECTION. AT THE SAME TIME EAST- WARD OF NEWPORT P.IERl.THERE: WASIA GAIN�OF 1338y400CCUB110-YARD51 - THIS WOULD INDICATE, THAT A CONSIDERABLE AMOUNT OF THE DEBRIS DELIVERED BY THE RIVER DURING THE FLOOD, MOVED SEAWARD ONTO THE DELTA AT THE RIVER OUTLET AND UPCOAST. THE SEWARD CONVEXITY 45. 9 OF THE DELTA MOVED UPCOAST ABOUT 800 FEET BETWEEN THE 1937 AND • ,1939 SURVEY (2 AND 3). 111. THE LOSS FOR THE 1939-58 PERIOD, WESTWARD OF NEWPORT PIER' AFTER DEDUCTING THE GAIN EASTWARD OF THE PIER$' WAS 182,o4o CUBIC YARDS. THIS LOSS IS ATTRIBUTED TO THE UNUSUALLY SEVERE ,. SOUTHERN OCEAN STORM OF SEPTEMBER 1939, WHICH MOVED A CONSIDER- ABLE AMOUNT OF.MATERIAL UPCOAST BEYOND THE RIVER OUTLET. THE 1958 SURVEY SHOWS THAT LO$S OF MATERIAL WAS BETWEEN 30TH AND 55TH STREET. THE 1958 SURVEY INDICATES THAT THERE IS A FILLING IN OF THE HEAD OF THE SUBMARINE CANYON AT THE NEWPORT PIER. FURTHER SURVEYS AND STUDIES ARE NOW BEING MADE BY THE DISTRICT ENGINEER TO VERIFY THE AMOUNT AND EXTENT OF THE MATERIAL BEING,DEPOSITED IN THIS AREA. • 112. A GAIN OF 118,61o'CUBIC YARDS FOR THE 1939-58 PERIOD, EASTWARD OF THE NEWPORT PIER, IS MOSTLY IN THE AREA BETWEEN "E" STREET AMD 7TH STREETS. THE OFFSHORE SLOPES BEYOND THE 10' DEPTH HAVE FLATTENED OUT COMPARED TO THE SLOPES OF 1935 AND THE TOE OF THE SLOPES HAVE MOVED SEAWARD TO BEYOND THE 35 DEPTH CONTOUR. THERE IS NOT•AHY INDICATIONS OF SAND MOVEMENT AROUND THE WEST JETTY AT NEWPORT HARBOR ENTRANCE. MAINTENANCE DREDGING IN THE ENTRANCE CHANNEL HAS NOT BEEN NECESSARY SINCE IT WAS QREDGED IN 1935. SURVEYS, BY U.S. ENGINEERS IN 1957, OF THE ENTRANCE CHANNEL SHOWS NO APPRECIABLE CHANGE IN THE DEPTHS DREDGED. A SMALL FILLING OCCURRED ALONG THE EASTERLY SLOPE OF THE CHANNEL OPPOSITE THE SEAWARD END OF THE CONCRETE SHEET -PILE SECTION, WHICH AMOUNTED TO ABOUT 25,000 CUBIC YARDS. THIS '�. MATERIAL MOVED FROM THE BERM BETWEEN THE,CHAMNEL AND EAST JETTY. ' 46. 113. SUMMARIZING THE 'EVIDENCE OF SAND MOVEMENT DURING THE 1934-58 • PERIOD, IN THE 2.33 MILE SECTION BETWEEN NEWPORT PIER AND'THE SANTA ANA RIVER OUTLETS, AS INDICATED BY THE, SURVEYS SUBSEQUENT 1 TO THE DEPOSIT OF'DREDGED.MATERIAL ON THE BEACH., 17 IS FOUND THAT THE LITTORAL DRIFT IS SUBJECT TO REVERSAL'IN 61RECTION, AND THERE' w WAS AN ANNUAL LOSS OF 10.,956 CUBIC YARDS. IN THE 2.82 MILE SECTION BETWEEN NEWPORT PIER AND NEWPORT BAY ENTRANCE, IT IS FOUND THAT THE SHORELINE WAS MORE OR LESS STABLE AND THERE WAS AN ANNUAL GAIN OF 7,917 CUBIC YARDS WHICH REPP.ESENTS'TRE ANNUAL LITTORAL DRIFT DOWN COAST PAST THE NEWPORT PIER. THE 1958.SURVEY INDICATES THAT SAND IS BEING DEPOSITED IN THE SUBMARINE CANYON AT NEWPORT PIER, HOWEVER, THE EXTENT OF FILLING IS NOWIUNDER STUDY BY THE D. S..DISTRICT ENGINEER. THERE ARE SOME INDICATIONS OF OFFSHORE MOVEMENT OF SAND BEYOND THE 40'FOOT DEPTH CONTOUR, . WEST OF THE WEST JETTY AT THE HARBOR ENTRANCE, WHICH IS ALSO UNDER STUDY BY THE B.S. ENGINEER, HOWEVER, THERE IS NOT ANY MOVCMENT-OF SAND EASTERLY PAST THE END OF THE WEST JETTY. 114. THE ESTIMATED DOWN COAST LITTORAL DRIFT'OF 7,917 CUBIC. YARDS ANNUALLY PAST THE NEWPORT PIER, IS SMALL WHEN COMPARED WITH ANNUAL DOWN COAST LITTORAL DRIFT /N CUBIC YARDS, REPORTED BY THE CORPS OF ENGINEERS., D. S. ARMY., AS FOLLOWS: SANTA BARBARA 280.,000; PORT HUENEME 500,000 TO 8003000; SANTA MONICA 270.,000; EL SEGUNDO 162,0009 ANAHEIM SAY 150,000i AND CAMP PENDLETON HARBOR 100.,000. 47. SUMMARY 115, THE FIRST SURVEY OF —THE ORDINARY HIGH TIDE LIME OF THE PACIFIC OCEAN ALONG THE OCEAN FRONT, SUBSEQUENT TO THE FORMATION OF NEWPORT BAY AND AFTER THE BAY ENTRANCE HAD MOVED DOWN COAST HOUR I& TO THE CORONA DEL MAR BLUFFS, APPROXIMATELY ITS PRUERTLOCATIONy WAS MADE IN MAY 1889 BY S. He FINLEY, DEPUTY SURVEYOR, (MAP NO. 5). TH-is 'SURVEY EXTENDED FROM NEAR "E" STREET TO THE EASTERLY L I ME OF RANCHO LAS BOLSAS ON THE WESTERLY SIDE OF THE SANTA ANA RIVER OUTLET, CONSTRUCTED IN 19m, IN OCTOBER 1904•, S. H. FINELY SURVEYED THE ORDINARY HIGHTIDE LINE BETWEEN "E" STREET AND NEWPORT BAY ENTRANCE, (MAPNO,C)). THE SEAWARD BOUNDARIES OF THE SUBDIVISIONS, •••• RECORDED IN 1904 AND 1905, (MAPS NOS. 7s 81 % 10 AND Il), - • LYIRGBETWEEN "E" STREET AND 9TH STREET, FOLLOWED THE 1889 SVRVEYIWHICH INDICATES THE SHORE LIME WAS STABLE DURING A 15 YEAR PERIOD. 116. THE DISTRICT ENGINEER, CORPS OF ENGINEERS, U.S.A. MADE A SURVEY OP NEWPORT BAY IN JULY, AUGUST AND SEPTEMBER OF' 1912, (MAP N0, 13), WH 1 CH INCLUDED THE LOCATION OF THE` H I GH WATER MARK AND MEAN .LOWER LOW WATER L IHE BETWEEN ARCH ROCK ABOUT 5600 FEETOOM COAST OF NEWPORT BAY ENTRANCE: AND THE LOCATION OF THEEIISTING SANTA ANA RIVER OUTLET; AND OFF56DORE SOUNDINGS BETVEERBALBOA PTER, CONSTRUCTED IN 1905, AND ARCH ROCK'. THIS SURVEY VAS MADE PRIOR TO THE CONSTRUCTION OF WEST JETTY ATTHE SAYENTRANCE IN`1917-18 AND THE INITIAL DEPOSJTING OF DREDGED MATERIAL ALONG THE OCEAN BEACH BETWEEN .HTH STREET AND THE WEST •(J,EET�EYT IN THE SPRING OF 1919. THE LOCATION OF THE 1912�ORDIMARY q Y"1 Q 1, i . HIGH TIDE LINE OR MEAN HIGH TIDE LINE$ TAKEN AT ELEVATION 4.60 FEET., BEING THE MEAN OF ALL HIGH TIDES, WAS DETERMINED AFTER A STUDY OF PROFILES OF BEACH SLOPES IN AREAS WHICH HAD NOT BEEN ALTERED BY THE DEPOSITING OF COARSE DREDGED MATERIAL ON THE BEACH AND BY PHOTOGRAPHS NOS 1, 2, 3 AND 4, TAKEN IN 1910 AND 117. THE MEAN HIGH TIDE LINES OF 188% 1904 AND 19'12, TOGETHER WITH THE LINES AS DETERMINED BY VARIOUS SURVEYS SUBSEQUENT TO CONSTRUCTION THE WEST JETTY AT THE ENTRANCE TO NEWPORT BAY IN 1917-1918; DIVERSION OF THE SANTA ANA RIVER. FROM NEWPORT BAY BY THE CONSTRUCTION 1920$ OF BITTER POINT DAM., NEAR 57TH STREET AND THE EXISTING SANTA ANA RIVER OUTLET$- AND THE DEPOSITING OF ABOUT 917312000 CUBIC YARDS OF DREDGED MATERIAL ON THE OCEAN BEACH BETWEEN THE WEST JETTY AT THE ENTRANCE TO NEWPORT BAY AND THE SANTA ANA RIVER OUTLET, DURING THE 1919,646 PERIOD; ARE SHOWN ON MAPS NOS. 21 AND 22. 10. THE LOCATION OF THE MEAN HIGH -TIDE LINE ALONG THE,*OCEAN SHORELINE_AT ANY PARTICULAR POINT IS SUBJECT TO DAILY AND SEASONAL CHANGES DUE TO TIDES$ WAVE DIRECTION AND HEIGHT$ WIND DIRECTION$ REVERSAL OF -LITTORAL CURRENT AND OCEAN STORMS. UNLESS THE CONDITIONS THAT PREVAILED AT THE TIME OF THE SURVEY ARE KNDWN.,. THE COMPARISON OF ANY TWO SURVEYS AT A PARTICULAR LOCATION CAN ONLY BE AN APPROXIMATION. 119. COMPARISON OF THE ORDINARY HIGH TIDE LINE OF 1904 WITH THE 1912 LINE SHOWS THAT., BETWEEN "I" STREET .AND "E" STREET THE 19011 AND 1912 LINES ARE ABOUT THE SAME., COINCIDING AT BOTH ENDS WITH THE 1912 LINE, BEING ABOUT 7 FEET•SEAWARD AT "F" STREET. COMPARISON OF THE 1889 AND 1912 LINES, BETWEEN "E" STREET AND • NEWPORT PIER SHOWS THE 1912 LINE TO BE SEAWARD OF THE 1889 LINE AS FOLLOWS: STREET FEET STREET FECT "E" D ADAMS 46 'VD" 17 CORONADO 37 It Cf 29 ALVARADO 35 11 Btt 36 9TH 30 MAIN 4o 13TH 35 WASHINGTON 43 17TH 10 PALM 48 NEWPORT PIER 100 120. IT IS APPARENT FROM THE FOREGOING COMPARISONS, THAT THE NEWPORT PIER, CONSTRUCTED IN 1888, INTERRUPTED THE ALONG SHORE MOVEMENT OF SAND RESULTING IN ACCRETIONS AT THAT POINT AND • THE BALBOA PIER CONSTRUCTED IN 1905, CAUSED SLIGHT ACCRETIONS, IN THE IMMEDIATE VICINITY THERETO. 121. STUDIES OF SHORELINE FHANGES AS SHOWN BY SURVEYS OVER A PERIOD;OF YEARS AND VOLUMETRIC CHANGES OF BEACH MATERIAL COMPUTED BETWEEN THE TOP OF THE BEACH SLOPE AND 30 FOOT DEPTH CONTOURy,iN THE SECTOR BETWEEN NEWPORT HARBOR ENTRANCE AND NEWPORT PIER A DISTANCE OF 2.82 MILES, SHOW THIS BEACH IS NOT A NATURALLY PROGRADING BEACH, AND THAT THE ACCRETIONS ACCRUING SINCE 1889 WERE THE RESULT OF CONSTRUCTION OF STRUCTURES ALONG THE BEACH AND THE DEPOSITING OF DREDGED MATERIAL ON THE BEACH SINCE THE SPRING."OF 191% AND WERE THEREFORE ARTIFICIAL ACCRETIONS. 122. IT IS MY OPINION, THAT THE ORDINARY HIGH TIDE LINES AS SURVEYED IN 1889 BETWEEN "Ea STREET AND ALVARADO STREET AND d TO TRACT Noe 518 : SURVEYED IN 1904 SOUTHEASTERLY OF "E° STREE V IS THE SEAWARD 50 BOUNDARY OF UPLAND OWNERSHIP- IF THE CITY, IN ORDER TO AVOID EXPENSIVE LITIGATION, DESIRES TO EFFECT A COMPROMISE THEN IT MIGHT BE ADVISABLE TO SETTLE ON A LINE -SEAWARD OF THE 1889 LINE BUT NOT SUBSTANTIALLY BEYOND THE1 912 LINE- 123- THE OCEAN BEACH SEAWARD OF "OCEAN FRONT" HAS BEEN MAIN- - TAINED FOR PUBLIC BEACH PURPOSES BY THE CITY OF NEWPORT BEACH FOR .MANY YEARS- DURING THE PERIOD OF 1928-1946, WHILE I WAS CITY ENGINEER 'AND STREET SUPERINTENDENT, THE STREET DEPARTMENT AND I.wE SAVING DEPARTMENT MAINTAINED AND OPERATED THE ENTIRE OCEAN BEACH WITHIN THE CITY.1-im ITS- THIS WORK HAD BEEN CARRIED ON FOR MANY YEARS PRIOR TO 1928. MANY LONG TIME RESIDENTS HAVE STATED THAT.j.OTS FRONTING ON 'OCEAN FRONT", ON THE LANDWARD SIDE, WERE ORIGINALLY SOLD AS OCEAN VIEW LOTS AND THE STRIP OF LAND SEAWARD • OF "OCEAN FRONT" WOULD BE FOR PUBLIC BEACH PURPOSES- WHILE THE FEE TITLE TO THE AREA BETWEEN"OCEAN FRONT" AND THE ORDINARY HIGH TIDE LINE IS VESTED IN INDIV j DUAL -OWNERSHIP, SOME CLAIM THE TITLE IS SUBJECT TO THE RIGHT OF USE BY THE GENERAL PUBLIC FOR BEACH PURPOSES. R V\9, 0 0 51- a R E F E R E N v E S No. DATE F"1 LE (1) 1931 HISTORY OF NEWPORT BEACH, M. L. SHERMAN R. L. PATTERSON 6-21 (2) 1940 REPORT BY U.S. BEACH EROSION BOARD ORANGE COUNTY, CALIFORNIA. DOCUMENT No. 637, 76TH CONGRESS, 3RD -SESSION R. L. PATTERSON 11 -13 (3) 1940 PROFILES OF OCEAN SHORE., NEWPORT HARBOR TO SAN GABRIEL RIVER OUTLET, COOPERATIVE BEACH SURVEY, ORANGE COUNTY, CALIF., R. L. PATTERSON ENCL. 3, EXHIBIT "A" R. L. PATTERSON 21-10 (4) 1940 MAP OF OCEAN SHORE, NEWPORT HARBOR EN- TRANCE TO SAN GABRIEL RIVER OUTLET. COOP- ERATIVE BEACH SURVEY, ORANGE COUNTY, CALIF. R.L. PATTERSON, ENCL. 1 R. L. PATTERSON 21-9 (5) 1940 SHORELINE AND OFFSHORE CHANGES., ALAMITOS BAY TO ABALONE POI,NT,•COOPERATIVE BEACH SURVEY, ORANGE COUTNY, CALIF. CORPS OF • ENGINEERS U.S. ARMY, ENCL. 2 R. L. PATTERSON 21-10 (6) 1912 - ENTRANCE TO�NEW.PORT HARBOR, CALIF. 32 - CHANGES IN COAST LINE. R.L. PATTERSON CITY ENGR. 94-59 (7) 1929 - SURVEYS OF SHORELINC, NEWPORT (HARBOR, 32 CALIF. ENTRANCE TO BALBOA PIER, t92% 1930, 1931 AND 1932 CITY ENGR. 8-390 (8•) SURVEY OF MEAN HIGH TIDE LINE, MAIN '1929 STREET TO PALM STREET, NEWPORT BEACH, CALIF. APRIL 1, 1949,-J.A. WOOLLEY, CIVIL ENGINEER O,, CITY ENGR. 77-802 . (9) 1905 WAR DEPARTMENT PERMITS' CITY ENGR. L-3072 (10) 1926 U.S. COAST AND GEODETIC-HYDROGRAPHIC CHART, APPROACHES TO NEWPORT BAY, REGISTER No. 4545 CITY ENGR. 156-3060 (11) 1916- ENTRANCE TO ORANGE COUNTY HARBOR NEWPORT 22 BAY., CALIF. SHW ING CHANGES IN COAST LINE, LEEDS &. BARNARD,'CONSULTING ENGINEERS CITY ENGR. 62-967 (12) 1888 SURVEY OF NEWPORT HARBOR, CALIFORNIA p� DOCUMENT No. 215, 50TH CONGRESS, 1ST SESSION R. L. PATTERSON 52. LIST OF LONG TIME RESIDENTS • PERCY J. WILSON, 919 EAST BALBOA BLVD. ORIOLE 3-7988 LIVED IN BALBOA PRIOR TO 1920. HAS PICTURE OF OCEAN FRONT TAKEN IN 1910 AND 1912 INCLUD)rD IN THE REPORT. GEORGE MORALESy COSTA MESA, CALIF. RESIDENT OF NEWPORT BEACH SINCE 1892. WITH CITY WATER DEPARTMENT 1910-1949. HE APPEARS IN ONE OF THE WILSON PICTURE. AL DIXON, 514 RIVERSIDE DRIVE LIBERTY 8-1325 RESIDENT OF NEWPORT BEACH SINCE 1896, FISHERMAN AND FORMER CITY EMPLOYEE. APPEARS IN 6N6 OF THE WILSON PICTURES- ' JOE H. DIXDN, 530 RIVERSIDE AVENUE LIBERTY 8-1228 RESIDENT OF NEWPORT BEACH SINCE 1896. FISHERMAN. NORMAN WILSON, 2441 CRESTVIEW DRIVE LIBERTY 8-9655 LONG TIME RESIDENT OF BALBOA- HIS WIFE IDA BURNS WILSON, LIVED AT THE CORNER OF OCEAN FRONT AND WASHINGTON STREET AT THE PRESENT LOCATION OF THE RENDEZVOUS DANCE HALL. THE BURNS HOME IS SHOWN IN PHOTO,No. 1. ORS. CHAR. L. HILL 1500 MIRAMAR DRIVE ORIOLE 3-m 83 THE HILL FAMILY LIVED ON THE OCEAN FRONT IN 1912 AND HAVE TOLD ' OF THE OCEAN WAVES WASHING ACROSS THE PENINSULA. THEIR HOME WAS . NEAR "D" STREET- CHARLES WAY, RETIRED 1515 E. BALBOA BLVD. ORIOLE 3-9292 LONG TIME RESIDENT. OPERATED GROCERY STORE IN BALBOA. CITY COUNCILMAN 1912-1914. LOUTS BRIGGS, REALTOR 714 BALBOA BLVD. ORIOLE 3-8110 RESIDENT OF BALBOA S-INCE 1920. VISITOR TO THE BEACH FOR MANY YEARS PRIOR TO 1920. FAMILIAR WITH CONDITIONS PRIOR TO 1920. E. B. WHITSONCITY ELECTRICIAN 434 SANTA ANA AVENUE LIBERTY 8-3610 RESIDENT SINCE 1921, FORMERLY FROM SANTi ANA- FORMER CITY COUNCILMAN J. A. GANT, RETIRED 1111 WEST BAY AVENUE ORIOLE 3-2158 RESIDENT OF'BALBOA SINCE 1920 CITY TREASURER AND AUDITOR 1928 - 1952 MRS. IDA DEAKINS 306 ALVARADO STREET ORIOLE 3-3073 RESIDENT OF BALBOA SINCE 1912. WALTER J. LEWIS 2490 PRINCE ALBERT, RIVERM DE, CALIF. OCEAN FRONT PROPERTY OWNER VICINITY OF 8TH STREET FOR MANY YEARS. T. WESTER"JAY 333 N. NEWPORT BLVD. LIBERTY 8-1'188 RESIDENT SINCE 1914. , 53-