HomeMy WebLinkAbout2368 - Permit to Deposit Dredged Materials- -A rte'
1 RESOLUTION NO.
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RESOLUTION TO PERMIT DEPOSITING OF DREDGE MATERIALS
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4 WHEREAS, the United States of America has this day applied
5 for a permit to deposit dredge materials on certain tide or
6 submerged lands, or other lands of the city of Newport Beach, in
7 connection with the improvement of Newport Harbor, by the United
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LAW OFFICES OF
ROLAND THOMPSON
liu SPU.GEON BLDG.
SANTA ANA CALIF.
States of America; and
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WHEREAS, it is necessary that dredge materials be
deposited seaward of the line of mean or ordinary high tide of
the Pacific Ocean, and to an elevation of twelve (12) to fourteen
(14) feet above mean lower low water, back to a point where the
fourteen foot elevation intersects with the upland, and in
accordance the plans of the City Engineer of the City of
Sewport Bea hich plans have been approved by the City Council
of the cit ewport Beach and are on file herein; and
WHEREAt, it appears to the City of Newport Beach that the
improvement aforesaid contemplated by the United States of America
will be to the advantage, benefit and best interests of said city
of Newport Beach, and that in order that said work of improvement
maq be properly carried on and completed in accordance with the
phut• of the United States of America, it is necessary that the
City of Newport Beach permit the dumping of dredge materials on
certain of its tide or submerged lands, and other lands of the City
of Newport Beach, as in said written permit set forth.
NOW, THEREFORE, BE IT RESOLVED: That said permit to
deposit or dump dredge materials by the United States of America,
in connection with the improvement of Newport Harbor as aforesaid,
by the United States of America, be and the same is hereby granted
to the said United States of America, its agents, servants,
employees °contractot�t and subcontractors performing the work of
improvement herein mentioned, upon the terms and conditions
specified in said written permit.
1. ORIGINAL DOCUMENT
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Qf1IGINAL DOCUMEN1
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1 BE IT FURTHER RESOLVED: That the Mayor and City Clerk
2 of the city of Newport Beach be, and they are hereby authorized,
3 directed and instructed to execute on behalf of the city of
4 Newport Beach, a written permit granting to the said United States
5 of America, its employees, servants, agents, contractors and sub. -
6 contractors, performing the work of improvement herein mentioned,
7 the right and privilege of dumping dredge materials, dredged from
g Newport Harbor by the United States of America, in the work of
9 improvement herein contemplated by said ted States of America,
10 on certain tide or submerged lands and r lands of the city of
11 Newport Beach, as in said written perms forth, at the
12 locations specified in said written perms
13 B -IT FURTHER RESOLVED: That sai itten permit be
14 deli United States of America, to its proper
15 outhori er with a certified copy is resolution,
16 b3f. the C-Itt f the city of Newport Be
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18 heraby.oertify t
19 kwas duly and regularly passe
20 the city of Newport Beach, at
21 the 4th day of Augst, 1941, by
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LAW OFFICES OF
RO LAN O,.: : -:
210 --
SANTA ANA
VW
b = d f Ing resolution
opted th Council qLi
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lar me:
follo
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PERMIT TO DEPOSIT DREDGE MATERIALS
on city owned lands
WHEREAS, the United States of America, by and through
its proper authorities, contemplates the doing of certain work of
improvement in Newport Harbor in the city of Newport Beach, Orange
County, California, said work in part consisting of the maintenance
dredging to restore project depths of 20 feet below mean lower
low water around the County wharf in the turning basin at the
northwest end of Newport Harbor; and
WHEREAS, the said United States of America will need
grounds near the work of improvement to deposit the dredge
materials; and
WHEREAS, the City of Newport Beach has agreed to furnish
certain lands to the United States of America, belonging to the
City of Newport Beach, on which said dredge materials may be
deposited; and
WHEREAS, it appears to the City Council of the city of
Newport Beach that the improvement aforesaid contemplated by the
United States of America, will be to the advantage, benefit and
best interests of the City of Newport Beach, and that in order
that said work of improvement may be properly carried on and
completed in accordance with the plans of the United States of
America, it is necessary that the City of Newport Beach permit
the dumping of dredge materials on certain of its tide lands or
submerged lands, and other lands hereinafter mentioned.
NOW, THEREFORE, in consideration of the application of
the United States of America for grounds to dump its dredge
materials on, and the direct benefits that the city of Newport
Beach will derive from the work of improvement herein mentioned,
permission and privilege is hereby given the United States of
America, its agents, servants, employees, contractors and
subcontractors, upon the conditions hereinafter specified, to
LAW OFFICES OF
OMPSD
210 SPU RG 1
210 SPUGE EON BLDG. ,
SANTA ANA CALIF.
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PERMIT TO DEPOSIT DREDGE MATERIALS
on city owned lands
WHEREAS, the United States of America, by and through
its proper authorities, contemplates the doing of certain work of
improvement in Newport Harbor in the city of Newport Beach, Orange
County, California, said work in part consisting of the maintenance
dredging to restore project depths of 20 feet below mean lower
low water around the County wharf in the turning basin at the
northwest end of Newport Harbor; and
WHEREAS, the said United States of America will need
grounds near the work of improvement to deposit the dredge
materials; and
WHEREAS, the City of Newport Beach has agreed to furnish
certain lands to the United States of America, belonging to the
City of Newport Beach, on which said dredge materials may be
deposited; and
WHEREAS, it appears to the City Council of the city of
Newport Beach that the improvement aforesaid contemplated by the
United States of America, will be to the advantage, benefit and
best interests of the City of Newport Beach, and that in order
that said work of improvement may be properly carried on and
completed in accordance with the plans of the United States of
America, it is necessary that the City of Newport Beach permit
the dumping of dredge materials on certain of its tide lands or
submerged lands, and other lands hereinafter mentioned.
NOW, THEREFORE, in consideration of the application of
the United States of America for grounds to dump its dredge
materials on, and the direct benefits that the city of Newport
Beach will derive from the work of improvement herein mentioned,
permission and privilege is hereby given the United States of
America, its agents, servants, employees, contractors and
subcontractors, upon the conditions hereinafter specified, to
LAW OFFICES OF
OMPSD
210 SPU RG 1
210 SPUGE EON BLDG. ,
SANTA ANA CALIF.
V.
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3211 employees, contractors and subcontractors free and harmless from all
LAW OFFICES OF
ROLAND THOMPSON 3
210 SPUNGEON BLDG.
SANTA ANA CALIF.
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In consideration of the United States of America, through
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its agents, servants, employees, contractors or subcontractors,
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doing the work of improvement herein mentioned, and the benefits
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that the city of Newport Beach will derive from said work of
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improvement, the said city of Newport Beach specifically agrees
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with the said United States of America, its agents, servants,
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employees, contractors and subcontractors aforesaid, that the said
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City of Newport Beach is lawfully seized in fee simple of all tide
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lands and submerged lands of the Pacific Ocean in the City of
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Newport Beach, County of Orange, State of California, as well as
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certain uplands abutting thereon; that it has the legal right to
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grant permission do said United States of America, its servants,
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agents, employees, contractors and subcontractors, doing the work
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of improvement, to dump all dredge materials along its said water
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front aforesaid. That said tide lands are free from encumbrances
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and the said United States of America, its servants, employees,
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agents, contractors and subcontractors shall quietly enjoy the
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same without lawful disturbance, and that said City of Newport
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Beach will forever warrant and defend the title to said tide or
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submerged lands, and other lands as aforesaid, on which dredge
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materials may be deposited as aforesaid, against every person
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lawfully claiming or to claim the same, and further agrees and
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warrants to hold the said United States of America, its servants,
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employees, agents, contractors and subcontractors, free and harmless
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from all injunctions and litigations which might in the future arise
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by virtue of the said United States of America, its servants,
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employees, agents, contractors and subcontractors using said tide
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or submerged lands, and other lands as aforesaid, for the purpose of
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dumping dredge materials thereon, and said City of Newport Beach
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further agrees and covenants, in consideration of the premises
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1 aforesaid, to save the United States of America, its servants, agents
3211 employees, contractors and subcontractors free and harmless from all
LAW OFFICES OF
ROLAND THOMPSON 3
210 SPUNGEON BLDG.
SANTA ANA CALIF.
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LAW OFFICES OF
ROLANO THOMPSON
210 SPURGEON BLDG.
SANTA ANA CALIF.
liability of whatsoever nature, description or kind, arising
out of or in any way occasioned by the dumping of dredge materials
on said tide or submerged lands and other lands aforesaid, in the
City of Newport Beach, Orange County, California.
It is further understood and agreed that upon the
acceptance by the United States of America, of this permit, in
writing, that the same shall be in full force and effect and be
binding legal obligations of the city of Newport Beach.
IN WITNESS WHEREOF, the City of Newport Beach has
caused its corporate name to be signed and its corporate seal
to be affixed by its Mayor and City Clerk thereunto duly
authorized by resolution of its City Council dated the 4th day
of August, 1941.
CITY OF NWIPORT BEACH,
By Mayor
By City Clerk
The within and foregoing permit is hereby accepted
this day of August, 1941.
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