HomeMy WebLinkAbout5348 - Uplands & Tidelands Boundary LineWWC :mec
12/21/60
RESOLUTION NO. fL
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AUTHORIZING THE CITY ATTORNEY TO
• EXECUTE A STIPULATION FOR JUDGMENT ESTABLISHING
THE BOUNDARY LINE BETWEEN UPLANDS AND TIDELANDS
ALONG A PORTION OF BLOCK D IN BALBOA TRACT
WHEREAS, Balboa Inn, Inc., a California corporation,
filed an action against the City of Newport Beach, being Superior
Court No. 70235, in which the plaintiff sought to establish the
boundary line, between uplands and tidelands bordering upon the
southeasterly 135 feet of Block D in Balboa Tract in the City of
Newport Beach, County of Orange, State of California, as per map
recorded in Book 4, page 11, of Miscellaneous Maps, in the office
of the County Recorder of said County; and
WHEREAS, the City of Newport Beach answered and filed a
cross - complaint to quiet title to land believed to be tidelands owned
by the City under State grant; and
WHEREAS, since that time Claire Allen has been substituted
as plaintiff for Balboa Inn, Inc.; and
WHEREAS, plaintiff has indicated a willingness to settle
said lawsuit by stipulating that the boundary line between said
portion of Block D and tidelands granted to the City is located
parallel to and southwesterly of the southerly line of Ocean Front
a distance of 55 feet and authorizing entry of a judgment decreeing
that plaintiff is the owner of Lots 12, 13, 14, 15 and 16 in Block
10 of,0aid Balboa Tract and that portion of Block D of said Balboa
Tract within the following boundary:
Commencing at the northeasterly corner of said Block
D; thence-southwesterly along the prolongation of the
southeasterly line of said Block D a distance of fifty -five
• (55) feet to a point; thence generally west northwest
along a line parallel to and distant fifty-five (55) feet
from the most northerly line of said Block D a,distance of
one-hundred thirty -five (135) feet, more or less, to a
point where said line intersects with the southwesterly
prolongation of the northwesterly line of Lot 12 in'Block
10 of said Balboa Tract; thence northeasterly along the
southwesterly prolongation of the northwesterly line of
Lot 12 in Block 10 of said Balboa Tract to a point where
said southwesterly prolongation of-the northwesterly line
of Lot 12 in Block 10 of said Balboa Tract intersects
with the northernmost line of said'Block D of said Balboa
Tract; thence southeasterly along said northernmost line
of said-Block D a distance of one - hundred thirty -five (135)
feet, more or less, to the point of beginning;
and
WHEREAS, upon review of the facts in this case and the
information available with respect to the establishment of said
boundary, it appears to be fair and equitable and in the interests
of the City of Newport Beach to authorize the execution of said
stipulation by the City;
NOW, THEREFORE, BE IT RESOLVED that the City Attorney be
and is hereby authorized and directed to execute said stipulation
on behalf of the City of Newport Beach.
BE IT FURTHER RESOLVED that the City Attorney be and is
hereby authorized and directed to proceed with said litigation to
judgment based upon said stipulation.'
ADOPTED this 77th day ®f December,
ATTEST:
IA`^ City Clerk
0
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF NEWPORT BEACH)
I, MARGERY SCHROUDER, City Clerk of the City of Newport
Beach, California, do hereby certify that according to the records
of the City of Newport Beach filed and maintained in my office,
the foregoing Resolution Noy 5348 was duly and
regularly adopted, passed, and approved by the City Council of
the City of Newport Beach, California, at a regular meeting of
said City Council held at the regular meeting place thereof, on
the 27th day of December, 19 .60 by the following
vote, to wit:
AYES, COUNCILMEN• Atkinson, Cook, Stoddard, Hart,
NOES, COUNCILMEN:
ABSENT, COUNCILMEN:
Dated this - 28th
Lorenz, Somers
None
Kingsley
day of December 19 60
,
City Clerk aid Ex Otticlo Clerk of the
City Council, Cit of Newport Beach,
State of California.