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Home My WebLink AboutCC Res 1181 1962-06-18 r/ ' 1 I 2. 3 4. 15 8 7 8 9 10 11 12 13 I 14 115 18 17 18 19 20 21 22 23 24 215 I 28 27 28 29 30 31 32 , . C!TY OF SEAL B8ACH ORANGE COUNTY, CALIFORNIA RESOLUTION NO. 111L- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHOR- IZING THE MAYOR OF SAID CITY TO ENTER INTO AND EXECUTE ON BEHALF OF SAID CITY A CERTAIN AGREEMENT WITH THE SECURITY FIRST NATIONAL BANK, A NATIONAL BANKING ASSOCIATION. THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES RESOLVE AS FOLLOWS: WHEREAS, Secur:lty First National Bank, a National Banking Association, has previously conveyed to the City of Seal Beach certain parcels of real property; and WHEREAS, it is the desire of the City to erect for either City operation or lease to a private operator or pperators, small stjiltlds for the sale and/or rent of goods to the public using the park facilities, including beach areas, which proposed facilities would consist of souvenir shops, restaurant and quick food concessions; and WHEREAS, said Security First National ~ank, a National Banking ASS:c:ll-1on, has previously executed a certain Agreement, dated the I day of June, 1962, between the City of Seal Beach and sai a ; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES RESOLVE AS FOLLOWS: SECTION 1. That the City of Seal Beach enter into said Agreement, dated the' Til - day of June, 1962, previously executed by the Security First~nal Bank, a National Banking Associatio , a true and exact copy of which said Agreement, consisting of four typewritten pages, is.hereto attached, and marked "Exhibit A". SECTION 2. That the Mayor of the City of Seal Beach be. and he hereby is, authorized and directed to execute said Agreement on behalf of the City of Seal Beach. SECTION 3. That the said Agreement, hereto attached and marked "Exhibit A". be hereby accepted by the City Council of the City of Seal Beach. SECTION 4. That the City Clerk be ordered to record said Agreement in the Office of the County Recorder of the County of Orange, State of California. ADOPTED AND APPROVED THIS 'lJ , 1962. ATTES : ' ~ ...,.,.,..~ ./~I ..,,_.-._--......1 ... _ . ....."2,.'.. ~ ---- - '''-' . ty er .' 1.f0' - - .-:-.h..... . .........-. 81 'I .. ~ ~ COUNCILMEN VOTING AYE:;. .." -" -. ~ COUNCILMEN VOTING NO: ~~ of."1l ~ Ah - ~. /...", ~ :....~:. .. ,:.,:" ~~.",,~: ~ ,,""." -1- . , . ~ '. . ' , ... M ... . AGREEMENT I THIS AGREEMENT, entered into this -Li.- day of June, 1962, by and between SECURITY-FIRST NATIONAL BANK} iT -r. a national banking association, hereinafter referred to as BANK. and CITY OF SEAL BEACH, a municipal corporation of the State of California. hereinafter referred to as CITY. 1 I WITNESSETH: ----------- WHEREAS, Bank has previously conveyed to City certain parcels of real property. hereinafter described. by three separate Grant Deeds, recorded October 21, 1936, September 3, 1938. and October 9, 1939, respectively; and WHEREAS, the said Grant Deeds contain certain covenants, conditions. and restrictions limiting the use or uses to which said real property can be put and providing for reversion of title in the event of a breach therefor; and WHEREAS. it is the intent and desire of the parties hereto to enable City to erect or to arrange to erect for either city operation or lease to a private operator or operators. small stands for the sale and/or rent of goods to the public using the park facilities, including beach areas, which proposed facilities would consist of souvenir shops, restaurant and quick food concessions; and WHEREAS, the parties hereto concur and agree that the said covenants, conditions. and restrictions as contained in the said Grant Deeds are uncertain and ambiguous insofar as the aforesaid proposed uses are concerned; NOW. THEREFORE. in consideration of the mutual covenants herein contained. it is hereby stipulated and agreed by and between the parties hereto. as follows: -1- , , I I I Resolution Number '- 1. That nothing contained in the Grant Deeds aforesaid, and more particularly in the covenants, conditions, and restrictions set forth therein, directly or indirectly prevents or prohibits or attempts to prevent or prohibit the City of Seal Beach from erecting or arranging to erect for either City operation or lease to a private operator or operators, small stands for the sale and/or rental of goods to the public using park facilities, in- cluding beach areas, which facilities would consist of souvenir stands, restaurant and quick food concessions. 2. That any future action on the part of City to so erect such small stands for the purposes set forth above shall not constitute a violation of any covenants, conditions, or restrictions as set forth in said Grant Deeds and/or shall not give rise to reversion of title as provided for therein. 3. That the real property affected by this Agreement is situated in the City of Seal Beach, County of Orange, State of California, and is more particularly described as follows: Parcel I. Beginning at the intersection of the Southerly prolongation of the center line of Main Street as shown on a Map of Bay City, recorded in Book 3, Page 19 of Miscellaneous Maps, records of Orange County, California, with the Southerly line of Ocean Avenue as shown on said Map, and running thence South 5So 43' East along said Southerly line of Ocean Avenue 60 feet; thence South 3lo 17' West to an intersection with the line of ordinary high tide of the Pacific Ocean; thence Westerly along said line of ordinary high tide to an intersection with a line l20 feet North-westerly from and parallel with the second course herein, measured at right angles thereto, being the course running South 310 17' West, and thence North 310 17' East to the Southerly line of said Ocean Avenue; thence South 5So 43' East along said Southerly line of Ocean Avenue 60 feet to the point of beginning; being a strip of land 120 feet in width measured 60 feet at right angles from each side of the Southerly prolongation of the center line of Main Street as shown on the Map of Bay City recorded in Book 3, Page 19 of Miscellaneous Maps, records of Orange County, California, bounded on the North by the Southerly line of said Ocean Avenue, and bounded on the South by the ordinary high tide of the Pacific Ocean. Parcel II. Lot 1 in Block "A" of Tract No. 1009, as per map recorded in Book 33, Page 16 of Miscellaneous Maps, Records of said County. EXCEPTING from said Lot that portion thereof, described as follows: -2- . . I I I . , . Resolution Number ~ . ... Beginning at a point in the Northwesterly line of said Lot 1 in Block "A", said point being distant South 310 17' from the Northwesterly corner of the aforesaid Lot 1 in Block "A"; thence South 580 43' East 20 feet; thence South 310 17' West 15 feet; thence North 580 43' West 20 feet to the Northwesterly line of said Lot 1 in Block "A"; thence North 310 17' East 15 feet to the point of beginning. EXCEPTING any portion of said land lying below the line of ordinary high tide of the Pacific Ocean; EXCEPTING ALSO any portion of said land formed by accretion by the Pacific Ocean which was not formed by the deposit of alluvion from natural causes and by imperceptible degree. Parcel III. Lot 1 in Block "c" of Tract No. 1009, as per map recorded in Book 33, Page 16 of Misoe11aneous Maps, Records of said County. EXCEPTING any portion of the land herein conveyed lying below the line of ordinary high tide of the Pacific Ocean; EXCEPTING ALSO any portion of the land herein conveyed formed by accretion by the Pacific Ocean which was not formed by the deposit of alluvion from natural causes and by inperceptib1e degrees. Parcel IV. Beginning at the intersection of the North- westerly line of 14th St. with the South-westerly line of Seal Way, as shown on the Map of "Tract No.2, Seal Beach Tract", recorded in Book 9, Page 3 of Miscellaneous Maps, records of Orange County, California, said p,oint of beginning being the most Easterly corner of Block "X' of said Tract No.2, Seal Beach Tract, and running thence Northwesterly along the North- easterly line of said Block "K", being the South-westerly line of said Seal WaY; to the most Northerly corner of said Block "K", being a point in the South-easterly line of Block "L", as shown on said Map' thence continuing Nort~wester1y through and across said Block "L", along the North-westerly extension of said North- easterly line of said Block "K" to the most Easter1r corner of Block ''M'', as shown on said Map of Tract No.2, Sea Beach Tract, being a point in the North-westerly line of said Block "L"; thence continuing North-westerly along the North-easterly line of said Block "M", being the South-westerly line of said Seal Way, to the most Northerly corner of said Block "M", being a point in the North- westerly line of 2nd St., as shown on said Map of Tract No.2, Seal Beach Tract; thence continuing North-westerly along the North- westerly extension of said North-easterlr, line of said Block "M" through and across a portion of Block "B' of "Bay City", as shown on a Map recorded in Book 3, page 19 of Miscellaneous Maps, records of Orange County, California, to an inte_.ection with the South- westerly extension of the South-eaflter1y iUne of First St., as shown on said Map of Bay City; th&nce South-westerly along the said South-westerly extension of said South-easterly line of said First St, to the line of ordinary high tide of the Pacific Ocean; thence South-easterly along said line of ordinary high tide of the Pacific Ocean to an intersection with the South-westerly extension of the North-westerly line of Block "D" of "Tract No.1", as shown on a Map recorded in Book 9, page 1 of Miscellaneous Maps, records of Orange County, California; thence North-easterly along said South-westerly extension of said North-westerly line of said Block "D" of said Tract No. 1 to the most Westerly corner of Seal Way as shown on said Map of said Tract No.1; thence North 450 28' 47" West 146.39 feet across Block "014" of said Tract No.2 -3- . . I I I . . . ~' ~:... ,. . .... . .... . Resolution Number . , ' Seal Beach Tract, to the point of intersection of the North- westerly line of said Block "014" with the South-easterly extendon of the North-easterly line of said Block "K" of said Tract No.2, Seal Beach Tract; thence North-westerly along said extended line 25 feet to the point of beginning. IN WITNESS WHEREOF, the parties hereto have signed this Agreement thiS..14:- day of June, 1962. SECURITY FIRST NATIONAL BANK.... .i,.O..-AMJ!!idl3, a National Banking Associat on, 'P.:~~ By: 8)1= CITY OF SEAL BEACH, a Municipal Corpor on / .- ' , r, .. . , By: ,... . . ~ . -4-