HomeMy WebLinkAbout831 - Newport Harbor Improvementss
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ROLANO THOMPSON
ATTORNEY AT LAW
BANTA ANA. CALIF.
RESOLUTION N0. q � 1
WHEREAS, the United States, by and through its proper
ties, purposes to dredge and make certain improvements in
ewport Harbor, in Orange County, California; and
WHEREAS, the said United States, by and through its
proper authorities, has requested of and from the Orange County
Harbor District, certain sites at the root or base of the East
Jetty in the city of Newport Beach, Orange County, California,
and also a site at the root or base of the West Jetty in the city
of Newport Beach, Orange County, California, for the use of the
United States in controlling access to said jetties and each of
them, and for the further purpose of construction and maintenanoe,
and any and all other purposes which the United States may desire
to use said sites for; and
WHEREAS, the said United States, by and through its
proper authorities, has also requested of and from the City of
(Newport Beach, all the right, title and interest of the City of
(Newport Beach in and to said East and West Jetties in the city of
Newport Beach, together with the improvements thereon; and
WHEREAS, the said United States, by and through its pr
authorities, has also requested of and from the city of Newport
Beach, an easement or right of way for the purpose of constructing
a temporary railroad between the terminus of the Pacific Electric
Railway Company and the west Jetty, and it is proposed that said
easement or right of way shall run over and along the following
public streets in the city of Newport Beach, to —wit; East
Central Avenue and Channel Road; and
WHEREAS, the said United States, by and through its
proper authorities, has also requested of and from the city of
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ROLAHD THOMPRON
ATTORNBY AT uW
BANTA ANA. CALIF.
11 Newport Beach, for the use of the contractor or contractors who
shall be awarded the contract or contracts for the contemplated
improvement of Newport Harbor, certain locations at the following
II places, torwit; On city water frontage Westerly of 15th Street
in the city of Newport Beach, and City water frontage between
U. S. Station 129 and U. S. Station 130, of the United States
Bulkhead line. Said license to use said locations to be in the
form of a written permission to use said locations, or either of
them, for the life of the work of improvement herein contemplated;
and
WHEREAS, the said United States, by and through its
proper authorities, has also requested of and from the city of
Newport Beach, permission to use certain public streets of the
city of Newport Beach, for the purpose of transporting, trucking
and hauling rock, machinery and other materials from the Pacific
Electric Station in the city of Newport Beach, to the East Jetty
in the said city of Newport Beach, said permission to be granted
the contractor or contractors who shall finally be awarded the
contract or contracts; and
WHEREAS, the said United States, by and through its
proper authorities, has also requested of said city of Newport
Beach, that the said United States or the contractor or contract —I
ors performing the work for them in the improvement of Newport
Harbor, be granted full and complete permission to deposit,
dredge materials over and along the water front of the Pacific
Ocean in the city of Newport Beach, and that said city of
Newport Beach save harmless from all liability, the said United
States and /or the contractor or contractors performing the work
for them, from all liability of every nature, description or kind
arising out of or by reason of the depositing of said dredge
materials aforesaid, at said places aforesaid; and
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ROLAND THOMPSON
ATTORNEY AT LAW
BANTA ANA, "LIP. .
, ,K
f
WHEREAS, the said United States, by and through its
proper authorities, has also requested of and from the Orange
County Harbor District, rights of way over, along and across
public streets and public lands in the city of Newport Beach,
for the purpose of the proposed development and improvement of
Newport Harbor, in the city of Newport Beach, Orange County,
California; and
WHEREAS, the city of Newport Beach, by and through its
city Council, believes that it is for the benefit and best
interests of the city of Newport Beach that the requests
as heretofore enumerated, be granted upon such conditions,
restrictions and reservations as the law may provide; and
WHEREAS, R. L. Patterson, City Engineer of the city of
Newport Beach, has this day presented to the City Council of
the City of Newport Beach, certain maps or plats showing the
locations of the various sites desired by the United States,
which maps or plate have been approved by the City of Newport
Beach, by and through its city Council, and ordered filed.
NOW, THEREFORE, BE IT RESOLVED: That the City of
Newport Beach, by and through its City Council, grant by
warranty deed to the United States, that certain site at the
base or root of the West Jetty in the city of Newport Beach,
which said site Or location is shown and delineated upon plat
or map J-1-A, on file with the City Clerk of the city of
Newport Beach, and which said map is by reference thereto made
a part of this resolution for all purposes. Said warranty
deed and grant to be made in accordance with and pursuant to
Act 5232 -c, General Laws of the State of California.
BE IT FURTHER RESOLVED: That the City of Newport
Beach, by and through its City Council, grant by warranty deed
to the United States, that certain site at the base or root of
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ROLAND THOMPSON
ATTORNEY AT LAW
BANTA ANA, CALIF.
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the East Jetty in the city of Newport Beach, which said site or
location is shown and delineated upon plat or map J• -Z—A, on file
with the City Clerk of the city of Newport Beach, and which said
map is by reference thereto made a part of this resolution for
all purposes. Said warranty deed and grant to be made in
accordance with and pursuant to Act 5232c, General Laws of the
State of California.
BE IT FURTHER RESOLVED: That the City of Newport
Beach, by and through its City Council, grant to the United
States, all the right, title and interest of the city of Newport
Beach, in and to the sites occupied by the East and West
Jetties in the city of Newport Beach, together with all and
singular the improvements thereon. Said sites are located and
delineated upon maps or plats J -5 and Ja6, on file with the
City Clerk of the city of Newport Beach, which said maps are by
reference thereto made a part of'this resolution for all purposes.
Said grant to b6-made pursuant to and in accordance with Act
5232c of the General Laws of the State of California,
BE IT FURTHER RESOLVED: That a right of way or easement
be granted to the United States, for the purpose of constructing
a temporary railroad between the terminus of the Pacific Electric
Railway Company and the West Jetty in the city of Newport Beach,
with the right and license of an easement or right of way over
and along the public streets of the city of Newport Beach, to —wit,
East Central Avenue and Channel Road, Said easement or right of
way is shown and delineated upon Map J-4, on file with the City
Clerk of the city of Newport Beach, which said map is by
reference thereto made a part of this resolution for all purposes.
Said easement and /or right of way to be in form approved by the
proper governmental authorities and by the city of Newport Beach.
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ROLANO THOMPSON
ATTORNEY AT LAW
SANTA ANA. CALIF.
BE IT FURTHER RESOLVED: That the City of Newport Beach,
by and through its City Council, grant permission to the con -
tractor or contractors who shall be awarded the contract or
contracts for the contmplated dredging and improving of Newport
Harbor, to use certain locations at the following places, to -wit,
on city water frontage wewterly of 15th Street in the city of
Newport Beach, and city water frontage between U. S. Station 129
and U. S. Station 130 of the United States Bulkhead line. These
sites shall be in accordance with the desire of the contractor
or contractors performing the work of improvement aforesaid,
and shall be in form to be determined upon by the City Council
of the City of Newport Beach, at the date or dates upon which
said requests shall be made.
BE IT FURTHER RESOLVED: That permission be granted
to the contractor or contractors performing the contemplated
improvement, to haul, truck and transport, over the public
streets of the city of Newport Beach, rock, machinery and all
other materials from the Pacific Electric Station in the city
of Newport Beach to the East Jetty in the city of Newport Beach.
Said permission to be in form approved by the contractor or
contractors performing said work of improvement, and by the
City of Newport Beach, by and through its proper authorities:
BE IT FURTHER RESOLVED: That permission and license
be granted by the city of Newport Beach to the United States
and /or the contractor or contractors performing the work of
improvement of Newport Harbor, to deposit dredge materials
over and along the water front of the Pacific Ocean in the
city of Newport Beach; and
BE IT FURTHER RESOLVED: That by proper instrument
in writing, the city of Newport Beach save harmless from all
liability, said United States and /or the contractor or con-
tractors performing the work of improvement herein mentioned,
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RO"NO THOMPSON
ATTORNtY AT LAW
BANTA ANA. CALIF.
I
and arising out of the deposit of said dredge materials aforesaid.
Said lioense or permission as well as the guaranty by the oity
of Newport Beaoh, shall be in form to be approved by the oity
lof Newport Beaoh and the United States,
BE IT FURTHER RESOLVED: That the City of Newport
jBeaoh, by and through its oity oounoil, furnish all neoessary
rights of way over and along, and aoross its publio streets
and publio lands in the oity of Newport Beaoh, for pipe lines,
said looations to be determined by the United States Distriot
Engineer and /or the oontraotor or oontraotors performing the
work oontemplated, and to be in form to be approved by the oity
of Newport Beaoh, by and through its oity Counoil, and by the
United States,
BE IT FURTHER RESOLVED: That the City Attorney of the
City of Newport Beaoh be, and he is hereby authorized, instruoted
and direoted to prepare all the neoessary papers and prooeedings
neoessary or oonvenient for the purpose of granting and giving
to the United.States and /or the oontractor or oontraotors
performing the work for it, the various sites, looations,
lioenses and permissions herein mentioned, and to further
000perate with the proper authorities of the United States, to
the end and purpose that all of said matters and things herein
oontemplated shall be fully and oompletely oarried out to the
satisfaotion of the United States, and /or the oontraotor or
oontraotors performing the work of improvement and development
of Newport Harbor.
BE IT FURTHER RESOLVED: That pending the oompletion
of the neoessary papers and prooeedings, that the United States
and /or the oontraotor or oontraotors performing the work for the
United States be, and they are hereby granted immediate permissi
Possession and use of all the sites and looations in this
resolution mentioned.
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BE IT FURTHER RESOLVED: That the City Engineer of the
City of Newport Beach be, and he is hereby authorized, instructed
and directed to send certified copies of this resolution to
the United States District Engineer, Los Angeles, California.
I hereby certify that the above and foregoing resolution
was duly and regularly passed and adopted by the City Council of
the City of Newport Beach at a special meeting thereof held on
the 27th day of June, 1934, by the following vote, to -wit:
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ROUND THOMPSON
ATTORNST AT LAW
SANTA ANA. CALIF.
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NOES, COUNCILMEN:_
ABSENT, COUNCILMEN:
y Clerk