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RESOLUTION NO. 10041
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH PLACING A TRUST RESTRICTION
UPON THE CITY OWNED PARCEL ADJACENT TO IRVINE
AVENUE AND MONTE VISTA AVENUE, CONSISTENT WITH
CHAPTER 74 OF STATUTES 1978
WHEREAS, the City of Newport Beach is the trustee of the
Newport Beach Tidelands Trust, hereinafter "the Trust," created
by Chapter 74 of Statutes of 1978; and
WHEREAS, the City of Newport Beach owns a certain parcel of
real property overlooking Upper Newport Bay, the legal
description of which is attached hereto, marked Exhibit "A" and
incorporated herein by this reference, hereinafter "West Bay
parcel "; and
WHEREAS, the City of Newport Beach desires to place the West
Bay parcel into the Trust in conformance with Chapter 74 of
Statutes 1978; and
WHEREAS, the State Legislature in Chapter 74 of Statutes
1978, hereinafter "the Act ", found and determined that the
residential portions of Beacon Bay, defined in the Act as Parcels
A, B and C, excluding the streets and beaches, being a relatively
small portion of the granted tide and submerged lands were no
longer required or needed for the promotion of the Trust, with
the exception of producing income for the benefit of the Trust;
and
WHEREAS, the lots designated in the Act as Parcels A, B and
C are filled and reclaimed, are no longer submerged or below the
mean high tide line and are no longer needed or required for
purposes of navigation, commerce and fisheries and are to be
• freed of the public Trust for navigation, commerce and fisheries,
• consistent with the Act; and
WHEREAS, when Parcels A, B and C are freed from the Trust
for navigation, commerce and fisheries, they shall continue to be
held by the City of Newport Beach, subject to the other terms and
provisions of the Act and other laws applicable to the tide and
submerged lands included in the Grant to the City of Newport
Beach; and
WHEREAS, to free said Parcels A, B and C from the Trust, the
City of Newport Beach is required to transfer other property to
the Trust; and
WHEREAS, the City of Newport Beach desires to transfer the
West Bay parcel to the Trust; and
WHEREAS, the transfer of the West Bay parcel to the Trust
must be approved by the State Lands Commission, upon a
determination that the transfer is appropriate, taking into
consideration the size of the area affected by the termination,
the Trust purposes that can be accomplished by the transfer, and
the value of the real property transferred to the Trust; and
WHEREAS, the approval of the State Lands Commission will be
reflected on a document recorded transferring the property to the
Trust; and
WHEREAS, it has been determined by the City Council of the
City of Newport Beach that the size of the West Bay parcel,
approximately six (6) acres compares favorably with the size of
the parcels to be released from the public Trust, approximately
four (4) acres; and
WHEREAS, the State Lands Commission has also indicated its
determination that the transfer of the West Bay parcel to the
Trust is appropriate; and
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WHEREAS, the City Council of the City of Newport Beach
desires to transfer the West Bay parcel to the Trust, consistent
with The Act, and to provide that the Trust provisions of the Act
shall be imposed upon the West Bay parcel,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Newport Beach that the transfer of Municipal property to
City of Newport Beach Tidelands Trust, a copy of which document
is attached hereto, marked Exhibit "B" and incorporated herein by
this reference, be and it is hereby approved.
BE IT FURTHER RESOLVED that the Mayor and City Clerk are
hereby authorized and directed to cause said transfer of
Municipal property to be executed and recorded in the Office of
the Orange County Recorder. Said execution and recordation,
however, shall not be accomplished unless and until such time as
the State Lands Commission shall have approved the transfer of
Municipal Property to the City of Newport Beach Tideland Trust,
and indicated their approval thereof by executing said document.
ADOPTED this 11th day of May , 1981.
ATTEST:
City Clerk
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5/11/81
HEST BAY PARE: SITE
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UK 13905130 1438
All that portion of Blocks 4, 5 and 51, Irvine's Subdivision, in the City
of Newport Beach, County of Orange, State of California, as per rap filed in
Book 1, Page 88, Miscellaneous Maps, records of said County, described as
follows
Beginning at the southwesterly terminus of that certain course in
the southeasterly right -of -way line of Irvine Avenue shOwn as North
40 38'10" East 333.39 feet on Sheet 5 of County Surveyor's i;ap 1 -72
on file in the office of the County SUrveyor.of said Cocrty; thence
along sand right-of-way line North 40 38'10" East 303.39.feet; thence
South 49 22'09" East 160.00 feet to the beginning of a tangent
curve concave .to. the north and having a.radius of 260.08 feet; thence
easterly along said curve through a central angle of 64 14'30" a o
distance of 291.52 feet; thence nontangent to said curve South 19 22'51"
(Jest 349.97 feet; thence South 10 37'09" East 31.97 ket to
that certain course having a. bearing and length.of South 53 22'27"
West 422.40 feet in the northerly boundary of that certain parcel
of land described in deed to the State of California recorded in
Book 11382, Page 1876 gf Official Records of said County; thencS along
said boundary South 53 2.4'17" West'338.26 feet; thence, North 36 35'43"
West 95.87 .feet to a point on a nontangent 17F.00 foot radius cure that
is concave to the northeast, a radial. to said point bears South 1 18'21"
East; thence northw8sterly along said last mentioned curve, through a
central angle of 72011'59 ", a distance of 220.52 feet to the beginning
of a reverse curve concave to the southwest and having a radius of 175.00
feet; thence northw8sterly along said last mentioned curve, through a
central angle of 44 45'00 ", a distance of, 136.68 feet; thence North
63 51'22" West 23.07 feet to a point in the southeasterly right -of -way
line of said Irvine Avenue; said point being in a 725.00 foot rdius curve
concave to the southeast, a.radial to said point bears North 63 51'22"
West;' thence northeasterly along said last mentioned curve, through a
central angle of 14 29'32 ",.a distance of 183.38 feet to the point of
beginning.
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RECORDING REQUESTED BY
THE CITY OF NEWPORT BEACH
AND WHEN RECORDED RETURN TO
THE CITY OF NEWPORT BEACH
TRANSFER OF MUNICIPAL PROPERTY TO
CITY OF NEWPORT BEACH TIDELANDS TRUST
WHEREAS,. the City of Newport Beach Tidelands Trust,
Chapter. 74 of the Statutes of 1978,.hereinafter "the trust ",
empowered the City to add teal property to the trust as part of a
procedure for releasing a.relatively. small portion of the granted
tidelands from the common law public trust; and .
WHEREAS,.by this statute, the_City is-authorized to
make such trust acquisitions of :real property by transferring
City -owned property held in a Municipal capacity to the trust;
and
WHEREAS, the City holds.in.its..Municipal capacity a
certain parcel of,real property overlooking Upper .Newport Bay,
hereinafter "Subject Property," which it desires to so transfer
to the Trust,; and
WHEREAS, the granting statute requires that the parcel
to be transferred be appropriate in terms of its size, value and
utility to the Trust; and.
WHEREAS, a study and investigation has been undertaken
of the size of the area affected by the termination of the common
law public Trust in comparison to the size of the parcel to be
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transferred to the Trust, the value of the parcel to be
transferred, and the Trust purposes that can be accomplished by
such a transfer; and
WHEREAS, it has been determined. that the size of the
Subject Parcel, approximately six (6) acres,. compares favorably
with the size of the parcel to be released from the public Trust,
approximately four (4) acres; -that the value requirement is met;
and that the Subject Parcel, in its present condition, would
further the purposes of the Trust: by.serving as a site for
passive recreation, an ecological unit for scientific study, as
open space, by enhancing the adjacent Department of Fish and Game
Wildlife Preserve, and by providing a -. .panoramic vista of Upper
Newport.Bay.for public enjoyment;.and
WHEREAS, future development of the.Subject Parcel will
be.in conformance with the terms of the Trust; and
WHEREAS,; on May, 11, 1981 . the City
Council of the City of Newport Beach approved this transfer of
Municipal property to the.Tidelands Trust, and the State Lands
Commission took the action required by Chapter 74, Statutes of
1978 with, respect to the transfer of the Subject Property to the
Trust on
NOW, THEREFORE,
THE CITY, in its Municipal capacity, does hereby, by
virtue of Chapter 74 of the Statutes of 1978, transfer, convey
and quitclaim to itself in its capacity as Trustee of the
Tidelands Trust, that certain parcel of real property situated in
the City of Newport Beach, County of Orange, State of California,
as more particularly described in "Description of Subject Parcel"
attached hereto and by this reference incorporated herein.
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IN WITNESS WHEREOF, the Grantor has caused these
presents to be executed this __ day of 1981.
APPROVED BY
STATE OF CALIFORNIA
STATE LANDS COMMISSION
BY
TITLE
DATE
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