HomeMy WebLinkAboutAGMT - California State Lands Commission- 111
CITY HALL
211 EIGHTH STREET
SEAL BEACH, CA 90740
(562) 431 -2527
www.sealbeachca.gov
September 30, 2016
Randy Collins
Public Land Management Specialist
Land Management Division
California State Lands Commission
100 Howe Avenue, Suite 100 -South
Sacramento, CA 95825 -8202
SUBJECT REQUEST TO RENEGOTIATE TERMS OF PROPOSED STATE LEASE PRC 3792.1 WITH
THE CALIFORNIA STATE LANDS COMMISSION
Dear Mr. Collins,
The Seal Beach City Council has conducted lengthy discussions with the public and staff
regarding the State Lease herein referenced as PRC 3792.1 State Lands Lease with the City of
Seal Beach (Lease) and after deliberation, the Council voted unanimously to direct staff to
consult with the State Lands Commission ( "SLC ") regarding several provisions. The City Council
specifically discussed Special Provision Nos. 3, 5, 6, 8 and 10 of the Lease, and the Lease
payment and term. Below are the concerns regarding each SLC- imposed special provision:
Special Provision No. 3
3. Special provisions relating to berm construction and beach nourishment.
c. Each year prior to berm construction, Lessee shall send a copy of the berm coastal
engineering plan to Lessor, and notify Lessor of the approximate dimensions of the berm,
the approximate volume of sand material for construction, and the location of the
sourced sand material
d. Within 15 days after construction of the berm, Lessee shall notify Lessor of the actual
dimensions of the berm and the actual volume of sand material used in the construction
ofthe berm.
e. Lessee shall notify Lessor within S business days of any repairs or additional
nourishments needed to maintain the berm following the initial construction and prior to
itsfinal deconstruction.
City of Seal Beach Request to Renegotiate of Proposed State Lease PRC 3792.1
Concern Regarding Special Provision No. 3
The Council expressed concerns regarding the requirement to notify the SLC prior to the City's
annual berm construction and any beach nourishment activities that necessitate the use of
sand material sourced from locations other than the West Beach. The City Council would
appreciate SLC's assurance that notifying the SLC of the City's annual berm construction would
not hinder or slow the process in the start of construction. There are multiple instances where
the City has needed to construct a berm within a relatively short amount of time due to a
forecasted storm event which includes a combination of high tides and high surf, and we need
to continue to be prepared for storm -surge and tsunami emergencies. In these cases, the
requirement to notify the Commission of actual dimensions and actual volume of sand to
construct a berm maybe be difficult to provide in time to be effective, and we would request
the ability to provide estimated figures and not actual. Further, in some situations there may
be a need for quick import of suitable sand from other locations. We need the ability to
function quickly in those situations, as we have done in the past with no known problems.
Special Provision No. 5
5. Lessee shall execute a reimbursement agreement with Lessor to pay for any and all
reasonable costs and expenditures paid or incurred by the Commission, its staff or both
for review and approval of any plan or related materials required herein, including but
not limited to any review or preparation of reports, documents or other actions as
required pursuant to the California Environmental Quality Act (CEQA), plan reviews,
and/or amendments. Payment by Lessee shall be in a form and manner which is
determined by Lessor's staffand is consistent with the requirement of Stale law.
Response to Special Provision No. 5
The City Council had some concerns with Special Provision No. 5. The City Council understands
reimbursing the Commission for reasonable costs and expenditures paid or incurred by the
Commission for review and approval of any plan or related materials pursuant to the California
Environmental Quality Act (CEQA), plan reviews, and /or amendments. However, this
requirement should not be in addition to an annual lease payment, if any, and should not be
due when a City project is done to benefit the public.
Special Provision No. 6
6. Lessee acknowledges and agrees:
a. The site may be ,subject to hazards front natural geophysical phenomena including, but
not limited to, waves, storm waves, tsunamis, earthquakes, erosion, !/loading, and sea -
level rise ( "climate change effects'). The risks posed to the site from these discrete
processes, and the combined, additive impacts of multiple processes are anticipated to
increase in severity over the term of the lease due to the localized effects of climate
change. Specifically, climate change effects could expose the public restrooms, public
beach, constructed berm, and pier infrastructure, including utility and sewer lines, to
stronger and prolonged flooding events, requiring maintenance and repair beyond what
is regularly needed. Adverse impacts from climate change effects on facilities within the
lease area, particularly the public restrooms and sewer lines, could result in degradation
of Public Trust resources and values, including seater quality, recreation, and public
City of Seal Beach Request to Renegotiate of Proposed State Lease PRC 3792.1
safety. Future conditions may necessitate additional adaptation measures to increase the
resiliency of the lease area to the impacts of sea -level rise and coastal climate change
processes, as well as continuing to evaluate the effectiveness of the berm in protecting
against these impacts.
Special Provision No. 8
8. Lessee shall provide Lessor with an annual summary report by the anniversary date of
each year, beginning June 22, 2017 or a date to be mutually agreed to by Lessee and
Lessor's staff The report shall include the information requested in Section 2, Paragraph
3 (c) above, along with copies of any local monitoring information required by Lessee or
other agencies or entities which relater to sea -level rise vulnerability, structural
integrity, and adaptation capacity of the Lease Premises and the facilities therein.
Information shall include, but is not limited to:
• Sea -level rise and flooding vulnerability and risk assessments,
• Updates or amendments to the Local Coastal Program,
• Annual flooding frequency and extent,
• Annual site photographs,
• Schedule and nature ofrepair and maintenance operations, and
• Coastal hazard remediation and removal.
Pertinent information may be sourced from the Lessee itself or any other research
conducted within the Lease Premises or adjacent land.
Response to Special Provision Nos. 6 and g
In connection with the potential for sea -level rise, the proposed Lease will assign 100% liability
to the City to implement adaptive measures to address adverse impacts resulting from climate
change and sea level rise to structures. With the on -going beach maintenance for flood
protection and beach erosion, the City expends a significant amount of general funds already.
With the potential sea -level rise and assignment of 100% liability to the City, these will impose
an unfunded and uncertain liability. The City Council would like to remove or clarify these
special provisions to make it clear that SLC also has an obligation to help protect its beach.
Special Provision No. 10
10. Any beach nourishment activities that necessitate sand material sourced from
locations other than the West Beach will require an amendment to this Lease. This
includes dredging from submerged lands offshore of the Lease Premises and shipment of
materials from locations outside the Lease Premises.
Response to Special Provision No. 10
The City Council strongly disagrees with this requirement. Recently, the City was provided an
opportunity to receive acceptable sand material from a location other than West Beach. As part
of a FEMA mandate to the County of Orange to dredge the Santa Ana River, the City of Seal
Beach was able to successfully obtain compatible beach quality sand to deal with the erosion
from Hurricane Marie. Hurricane Marie caused an estimated loss of between 10,000 — 20,000
cubic yards of sand from the beach by action of the waves pulling sand out into the Ocean. This
loss was completely within the Lease boundary. The requirement to amend the Lease prior to
City of Seal Beach Request to Renegotiate of Proposed State Lease PRC 3792.1
importing sand from another source would impose a lengthy and timely review and approval
process that requires the Commission approval and City Council approval. This amendment can
estimate over a year to completely process and therefore request this requirement be
removed. In the case of the previous replenishment project, the opportunity to obtain
replacement sand at little or no cost would have been lost and the City was given a very short
period of time to agree to take the sand. However, the City provided notice to SLC and the
Coastal Commission and completed a CEO,A process in the previous case, which worked well for
all parties. We are willing to continue those types of interaction with the State agencies in a
way that allows necessary projects to move forward with the lengthy process of actually
amending the Lease.
With regard to the timing of the new lease, the City wants to reemphasize that the City spent
over two years working with the State Lands Commission staff to provide City records relating
to all expenditures and revenue incurred on the Lease over a period of decades. The City
submitted numerous documents including but not limited to expenditure reports, contracts
with sub - leases and revenue statements to justify the substantial amount of expenditures the
City made to operate the tidelands lease area. The submitted financial documents demonstrate
clearly the significant amount of expenses the City incurs annually to maintain the beach and
surrounding area and improvements. The expenses include but are not limited to, annual
maintenance of the berm for flood protection, bi- annual back passing of the sand from the west
side beach to the east side, lifeguard and police costs, beach nourishment projects,
maintenance and equipment. The City's financial records provided to the State Lands
Commission demonstrate an annual loss that outweighs any revenue generated by the uses and
activities on State Land. The City Council strongly disagrees with the State lands Commission's
new requirement that the City to pay $59,594 per year in lease payments and, potentially,
increased amounts in future years' amendments to the proposed Lease. In addition to
absorbing the full cost of operating and maintaining the State's beach for it, SLC now seeks to
make the City pay for the "privilege." Operating and maintaining the beach would cost the State
a substantial amount of money annually if the City decides to stop funding those activities.
In conclusion, the City of Seal Beach City Council respectfully requests that the SLC reconsider
the City's proposed Lease to conclude an annual rent of zero dollars throughout its Term with
this proposed Lease and any future amendments to the proposed Lease. However, in the event
that the City secures subtenants or uses that create positive net income for the City, the City
would be agreeable to sharing that net revenue with the State. In addition, the City requests
that the SLC remove the above- referenced special provisions. Finally, the City requests that the
existing lease agreement be treated as remaining in effect on a month to month basis until the
long term lease can be concluded in a form acceptable to both parties and formally approved.
The City of Seal Beach looks forward to the opportunity to provide and maintain a wonderful
beach for use by the public.
4
City of Seal Beach Request to Renegotiate of Proposed State Lease PRC 3792.1
If you have any questions, I may be reach at (562) 431 -2527 x1300 or
iingramPsealbeachca.gov.
Respectfully,
ill R. Ingram
City Manager
0
City of Seal Beach
FILE REFERENCE FORM
DATE: 2V0Iv— of — Ig
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ORAN'GF. COUNTY, CALIF.
TID&UINDS LEASE
9:C5 0. AUG ,17 1967
1. !V cc. 1 !'VLE, Utmty Rrcoi&r Cirri 0. SE?T BEACH
IFRE
This lease, made and entered into this 22nd � !_ day
of June -- -' 1967, by and between the S'TA'TE OF CALIFORNIA, herein -
v after referred to as "State ", acting through the State Land's Commission and
*� pursuant to the authority contained in Division 6 of the Public Resources
Cade and the rules and rcZulations adopted thereunder, and the City of Seal
3 Beach „hereinafter referred mo as "Lessee ":
10I WITNES SETH:.
11I 1°;HERPAS, the City of Seal Beach bas heretofore entered into an
12 agreement with the State, acting by and through the State Lands Commission,
13 to fix the boundary between one City -owned uplands and certain State tide
K, and submerLed lands; and
15 WITgRFAS; the City- ties constructed and is maintaining at its own
16 expense various structures and facilities which lie in whole or in part upon
17 State lands; and
1E WHEREAS, the facilities and structures referred to he.reinbefore are
19i for the purpose of enhancing the public use of the tide and Vubmerged lands;
20 and
21 WHEREAS, % is the intent of the City to devotee all of the State- -
22 .owned land and some of the City -owned land ins furtherance of the public trust
23 for commerce, navigation, and fisheries, and for the benefit of all of the
21 people of the State;
25 NOUj TnEHEFORE, parties to this lease do hereby covenant and agree:
20 TERM:
27 1. All existing permits or leases between the City of Seal Reach
2u and the State for any lands or structures lying within the herein described
29 1°eased premises are textinated. State does hereby lease, demise and let unto
30I Lessee for a ,term of 49 years, beginniIig 'Tune 22, 1967) to
31 June 22, 2016,. - - ^— - —
. �ill1�,F.55 S-h'onrir terminated as hereinafter- p- rovided)
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those certain sovereign lands along the ocean front of the Pacific Ocean in
the City of Seal Beach, situate in the County of Orange, State.of California.
and more particularly described as follows:
Beginning at the southeast corner of Tract No. 1 in the City of Seal
Beach, County of Orange, State of California, said corner being the
intersection of the northeast line of Electric Avenue with the southern
line of Seal 'day as shown upon the map of said Tract No. 1, recorded
in Book 9 of Miscellaneous Neaps at Page 1,, Orange County Records;_ thence
.continuing westerly along the southern line of Seal Way as shown upon
- - said map to the western boundary of Tract'No. 1; thence northwesterly
from said point in a direct line 3,584.36 feet more or less to an inter='
section with the southwesterly prolongation of the centerline of Third
- Street in the City of Seal Beach as said street is shown upon the map,
of Tract No. 2, recorded in Book 9 of Miscellaneous Maps, records of -
said county, at a point located 255.5 feet southwesterly from the
southwest line of Ocean Blvd.; 'thence continung northwesterly along
a prolongation of the foregoing course 590.18 feet more or less to
the intersection with southwesterly prolongation. of the southeasterly
line of First Street (60 feet wide) as shown upon the map of Bay City,
recorded in Book 3 of Miscellaneous Maps at p_`e 19; thence north-
easterly along said line -of First Street to a point distant 273.93
feet southwesterly from the southwest line of Ocean Blvd.; thence
N- 58° 54' W-, 55.32 feet; N. 220 51' W.,.230 feet; thence N. 65° 00'
W., 120 feet; thence, S. 310 00' W., 2,150 fee ; thence S, 58° 43' E.,
to ".an intersection with the southwesterly.proT_ongation of the initial
course in the description of Parcel 2, as described in the Second
Amended Complaint in Condemnation, No. 3436 -RS Civil, United States
of America, Plaintiff, vs. 4,783 acres of lan8, more or less, in
Orange County, State of California, et al., f7lled .in the District
Court of the United States in and for the Sou" =era District of
California, Central Division; thence northeasterly along said south -
westerly prolongation, and continuing along s.id initial course to an
intersection with the southwesterly extension of the first course in
the herein described parcel; thence northeast =rly along said extension
and along said first course to the point of b= ginning.
j
Containing 238 acres, more or less.
Bearings used in this description, have the sa`:e basis as those shown
unon.the heretofore mentioned map of Bay -City.
The initial course in the desc'ription'of said.Parcel 2, Action No.
.3436 -RJ Civil, is located as follows:
PARCEL 2
"That part of the hereinbefore mentioned Sect =one 7, 8, 9, 12, 13,
14, and 24 in th- Ranchos Los Alamitos - and La 3olsa Chica, bounded
and described as follows:
Commencing at a point. that is 30 feet distant from a monument
consisting of a copper plug set in concrele, said distance of
30 feet being measured in a southeasterly direction at right
angles to a line forming the center line ff an existing rock
Jetty joining a certain thoroughfare namef Seal Way in the .
City of Seal Beach,: California, said center line being a
straight line'Picteiicling from the hereftabc•ve mentioned
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monument, located near the southwesterly end of said jetty,
to another similarly constructed monument near the north-
easterly end of said jetty;.thence in a northeasterly direc-
tion along a straight line which is 30 feet southeasterly of
and parallel to the hereinabove described center line of said
existing jetty to its intersection with the extension south-
westerly of the southeasterly right -of -way line of the afore-
mentioned thoroughfare Seal Way, which is shown on Tract No. 1_
of Miscellaneous Pap Book 9, Page 1, in the Recorder's Office
of Orange County;..."
CONSIDERATION:
2. The primary consideration for the granting of this lease shall-
be the public benefit. The Lessee shall pay to the State any profit derived
from the operations hereinafter described pursuant to the provisions of
paragraph 8 hereof. -
ASSIGNMENT AND
SUBLETTING:
3. Lessee shall not assign this lease. Lessee shall furnish to
the State at the time of execution of .this lease -a list of all -of the leases,
franchises, permits, or other agreements with any third persons who are -
presently occupying any portion of the within describe-d-State lands Nothing
herein, however; sha11 prohibit Lessee from entering into leases, subleases,
.franchises or permits or other agreements with third persons for the use of
limited areas of the leased premises herein described for the purposes set
forth in paragraph 8 herein, provided that such persons meet the requirements
and qualifications for lessees set forth in Division 6 of the Public Resources
Code and Title.2 of the Administrative Code.
RESERVATION
OF THE STATE:
4., This lease is' subject to any existing lease, permit, easement,
right -of -way or license for other purposes and State reserves the right
hereafter to lease, convey, or otherwise - transfer or encumber such land or
any portion thereof for any or all purposes whatsoever not inconsistent or -
incompatible with the rights or privileges granted to Lessee, including
without limiting the generalities of the foregoing, oil and gas and minerals.
State expressly reserves the right to .grant aasements, crossings or rights -
of ww, in, upon, over and under the leased premises, for any purpose without
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6�s , 8345 � 379
compensation to Lessee. -
OPERATIONS, ALTERATIONS, AND
I14PROVr3`ENTS:
5. All activities shall be conducted in a good and workmanlike
manner. Lessee shall maintain and keep in good sound repair all structures,
facilities or, appurtenances upon the property. Lessee shall obtain any
necessary permit s"from any other public bodies having jurisdiction therein
and shall comply with all applicable lazes, rules and regulations. Any:
permanent structures erected upon the demised premises by Lessee shall, at_-_
the option of the State, become the property of the State of,California upon
termination- of.this.leaseor the State -:may, require Lessee to, remove all or
portion.of- said- . structures. The State may require additional bond or
other security to assure that appropriate protecti`re or remedial actions
will be taken to protect the'State. -
LIABIL1TY: ;
6. " Lessee agrees -to indemnify and hold harmless ,the State,. -its
officers, agents, and employees against any loss, damage, claim, demand or.'
action, caused by arising out of, or connected with the construction or
maintenance of structures upon, or the use by Lessee or its agents, sub-
lessees, permittees, or franchise holders,. of the leased premises, whether
such liability arises by reason of -the acts or omissions of.Lessee or its
agents or its contractors or. its sublessees, permittees or franchise holders=- - -
during - the -term hereof, or: sooner termination of this lease. At the option
of the State, Lessee shall procure and maintain liability insurance for the
benefit of•the State in an amount :satisfactory tor the ,State. The minimum-
coverages shall be:
Three Hundred Thousand Dollars ($300,000), for _ death or.bodily -,
injury or loss sustained by any one person'in any one occurrence; and
Five Hundred ib ousand Dollars ($500,000) for death or bodily
injury or loss - sustained "by- more _than one_Person_in_,an_y'one_
occurrence; and
Fifty Thousand Dollars, Q'50,000) for loss by damages - "or injury
to property in any one occurrence.
The State, shall be named -as.an insured.. .A certificate of, all- required.
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380.
insurance shall be furnished to the State at the time of execution of this.
lease. Continuation certificates shall be furnished at least 30 days prior
to the expiration of the then existing certificate. No such insurance shall
be cancelled without 30.days notice to the State. The policy shall either.
contain a provision providing for a broad form of contractual liability,
including leases and permits, or there shall be attached thereto an endorse-
ment providing for.such coverage. Upon request - the State shall be-entitled
to inspect the original policy of insurance or a.photo copy thereof. The .
procuring of such policy of insurance shall not be construed to be a limita-
tion upon the Lessee's liability or as a full.performance on its part of
the indemnification provisions of this paragraph, Lessee's obligations being,
notwithstanding said policy of insurance, for the full and total amount of
any damage, injury or loss caused by the negligence or other acts creating
liability for injury or damage connected with Lessee's or its sublessees',
permittees', or franchise holders' use of the premises. Ttie amount of
insurance as set forth herein may be increased at the option of the State,
,upon 30 days notice to Lessee.
POLLUTION:
7. Lessee shall obseive.and comply with all rules anc regulations
now promulgated by any agency or subdivision of the State o£,Cal!ifornia having
jurisdiction therein' and , such riles and regulations as may hereafter be
promulgated by any agency or subdivision of the State of California having ^
jurisdiction therein; and Lessee shall at all times take suitable precautions
to prevent pollution and contamination of Waters of the Pacific Ocean.
8. This lease shall be for the purposes and subject to the terms .
and conditions hereinafter set forth.'
8.1 The leased premises shall be used for beaches, marine
parks, marinas, small boat harbors, bulkheads, piers, marine transportation
facilities,.public utilities, earthfills, buildings, structures; recreational
facaities, landscaping, parking lots, streets and'roadways for public access
to the leased premises,, and related facilities for the benefit of the people
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acc ;824 s381
of the State, as opposed to a purely local benefit, and for the furtherance
of the public trust purposes of commerce, navigation and fisheries. '
$.2 Lessee shall. submit to the State Lands Division, on or.`,'
before September 30 of each year, a report of the utilization of the Teased
premises. Said report shall include;
(a) A description of the rises to which the leased premises have
been placed during the p`er•iod covered by the report
(b) A list of the owners and holders of subleases, permits
and franchises - granted by the Lessee, uh ch list shall
Specify as to each such owner or holder:
(i) The uses to which the premises have been placed by
the owner or holder;
.(ii) The uses to.Which the premises shall be placed or may
be placed by the owner or ho;
ider; ... pursiiant to the
terms contained in the sublease, permit. or franc.bise,, _
during the remaining period of the sublease, permit
or franchise--
(iii) The °consideration provided for in each sublease,
permit or franchise and the consideration actually
received by the Lessee for the sublease, permit or
franchise granted or issued; and "
(iv) An enumeration of the restrictions vhich the Lessee
has placed on the use of the premises and each area
thereof for the period covered by the report
(c) A statement as to the future plans of the Lessee for the use of
the leased premises, containing the following:
(i) Type of future development which is planned as to each
general area witbin the leased premises;--
(ii) Expected statewide bene�fit-to be derived from the
devel.opaent plan, including the financial benefit ==
and the navigational; commerical or recreational benefit; -- " --
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capital costs,,annual operating costs, and annual
revenues of the plan.
8.3 Lessee shall establish a separate trust fund or funds for
the deposit of all revenue received from the leased premises. Where facil-
ities are located. partially on_the. leased premises and partially on lands
owned by the City, the revenues and expenses attributable to said facility,
shall 'be apportioned between City municipal funds and -the aforementioned
trust fund or funds, based upon the percentage of the ,facility located on
the leased premises and the portion located on the lands owned.by the City.
A statement of financial conditions and operations., to conform to the
requirements of the State Lands Division, shall be submitted to the Executive
Officer of the State Lands Division. on.or.befora September -.30 of each year
for the preceding fiscal year.- P1l money, if any, remaining in said fund or
funds, after the ,deduction of authorized, expenses- incurred, at the end of
the term of this lease shall be transferred to the State; provided, however,
that Lessee stall be entitled to a_credit-for any municipal funds advanced
and expended for the purposes set forth in paragraph 8.4._ In the event
uplands are acquired with trust funds,:such lands shall become the property
of the State at the end of the term of this lease.
8.4 The Lessee may use revenues accruing from or out of the
use of the leased premises._£ or, any -or -all o£`_the following, purposes which
are matters of statewide, as distinguished from local, interest and benefit:
(a) The construction, reconstruction] improvement, _repair, opera
tion, maintenance,, promotion, and protection of works, lands,
acid facilities necessary for the devElopment of the leased
premises for the highest -and best -use ia.the public interest,
.including, but not limited:to, Commerce,.navigation, : fisheries,
marinas, small boat harbors," marine staRums marine "parks,
beaches, -streets,- roadways, earthfills,4ulkheads, 'piers,:__;
supporting stnrciures,- builds gs, recreational facilities,
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landscaping, and parking lots situated upon the leased
premises, or adjacent thereto and reasonably necessary
to provide access to, or development and use of the
leased.pi-emises;
(b) The promotion, by advertising and such other means as may
be reasonable and appropriate, of maximum use of the leased.
premises or to encourage private investment in development
of the leased h' remises for the
p highest and best use in the
statewide public interest;
(c) Any other uses or purposes of state, as distinguished from
purely local, interest and benefit, which are in fulfillment
of.those uses and purposes described in paragraph 8.1 hereof
and which are approved in advance by the State Lands Commis-
sion;
(d) The acquisition of property and the rendition of services
reasonably necessary to the carrying out of the foregoing `
,. uses and purposes;
provided that as to any expenditure of revenue for any single capital
improvement involving an amount in' excess of fifty thousand dollars
(50,000) in the aggregate, the Lessee shall file with the State Lards
Commission a detailed description of such capital improvement not less than
90 days prior to the time of any disbursement therefor or in connection
therewith, excepting preliminary planning. $uch description shall specify,
in addition, the particular public interest and benefit, the provision of
this lease authorizing the proposed expenditure and how the expenditure
complies with the Lessee's statement of future plans. The State Lands
Commission may, within 90 days after the time of such filing, determine and
notify Lessee that such capital improvement is not in the statewide interest
and benefit, or is not authorized by any of the provisions of.this lease,
or does not comply with the Lessee's future plans... In the event the State
Lands Commission so notifies the Lessee that the capital improvement is not
-8-
2
3
iI
7
II
9
10
1].
12
13j
Id
15
1G
rl
18
19
20,
.... 2i I
22
23
2A
25I
26
27
28
29
30
31,
J.
<33
authorized, the Lessee shall not disburse any revenue for or an connection. '
with such capital imnrovement,'unless and until the consent of the State -
Lands Commission is obtained or a judicial determination has been made.
Failure of the State Lands Commission to make such a notification.within the
90 -day period shall constitute approval by the State Lands Commission of the
proposed capital improvement. Any determination by the State Lands Commission
prior to the expiration of the aforesaid 90 -day period, declaring that 'the -
proposed capital improvement satisfies the criteria set forth herein,shall
operate as the termination of the aforesaid 90 -day period.
8.5 Lessee agrees that, in its,employment.practices arising
out of or connected-with its operations under this lease, it shall not
discriminate against any individual because of race, color, ancestry, .
national origin, or religion.
ENTRY BY
STATE:
9. State, through its authorized agents, shall have the right
at all. reasonable times to go upon the leased premises for the purpose of.
inspecting the same, or for the purpose of maintaining or repairing said
premises, or for the purpose of placing upon the property any usual or
ordinary signs, or for fire or police purposes or to protect the premises
from any cause whatever, without any rebate of charges and without any
liability on the part of'the State for any loss of occupation or iluiet enjoy-
ment of the premises 'thereby occasioned. ,
RESTORATION OF
PROPERTY: 10. Lessee will on the last day of the lease term or any exten-
sion thereof, or sooner termination of this lease, peaceably and quietly
Leave, surrender and yield up to the State, all and singular, the leased
premises in good order, condition and.repair, reasonable use and wear thereof,..
and damage by act of God or the elements excepted. Lessee, at the option of
the State, will immediately upon termina.tion� at his own expense and risk,
salvage and remove all, structures erected by Lessee and restore the land as
nearly as possible to the condition existing at the..date of execution of this
lease, free. of debris, and shall repair and restore any damage to the
-9-
3245
1
improvements, if any, owned by the State resulting from either construction
2
or removal by Lessee or resulting from causes for which Lessee is liable under
3
this lease, and shall complete said removal and restoration within ninety (90)
r
days after termination of this lease. In the event that Lessee fails to com-
5
ply'with this covenant, State may make such removal or restoration and Lessee
6
agrees to pay all of.the costs involved therein.
7
FORCE MAJEUER:
$
I.I. It is understood that Lessee's obligations hereunder shall be
9
suspended during any period in which Lessee is prevented from complying
10
therewith by acts of Cod, riots, acts of Federal or State agencies, or any
1l
other cause beyond Lessee's reasonable control.
12
OUI'rCLAIM
RECORDING:
-3
12. Upon the termination of the rights hereby granted, Lessee shall-
execute and deliver to State, within thirty (30) days after service of
vritten demand thereof, a good and sufficient quitclaim deed to the rights
arising hereunder. Should Lessee fail or refuse to deliver to the State a
7.7
quitclaim deed as aforesaid, a written notice by the State reciting the fail-
3-8
,ure or refusal of Lessee to execute and deliver said quitclaim deed as herein
3.9
provided, terminating this lease, shall after ten (10) days from the date of
20
recordation of said notice, be conclusive evidence against Lessee and all
-- - 21
persons claiming under Lessee of the termination'of this lease.
24
NOTICES:
-
.-
23
13. All notices herein provided to be given shall be deemed to
2`1
have been fully given when made in writing and deposited in the United States
25
mail registered or certified and
, g• p gat age prepaid, addressed as follows:.
26
To the State:
State Lands Commission
27
Room 305,California State Building
217 West First Street
28
Los Angeles, California 90012
29
To t hell; essee:
'City of Seal Beach
30
'City 'Manager
City Hall
31
Seal Beach, California 9074.0
_10-
8045 ':: 386
a WAIVER OF
BREACH:
? 14. The waiver by the State of any breach of any term, covenant
or condition herein contained shall not be deemed to be a waiver of such
41 term, covenant or condition with respect to any subsequent breach of the
5 same or any ,other term, covenant or condition herein contained. The sub-
r, sequent acceptance of monies hereunder by the State shall not be deemed to
7 be a waiver of any preceding breach by Lessee of any term, covenant or coh-
8 dition of this lease, other than the failure of Lessee to'pay.the particular
9� monies—so-accepted, regardless of the State's knowledge of such preceding''
3_0j breach at the time of acceptance of such monies.
TERMINATION OR
MODIFICATION:
12 15. This agreement may be terminated only by the mutual consent
23 of the parties hereto. No act or omission by either the State or Lessee
lA� shall constitute a modification of this lease, it being understood by all
15 I parties that this lease may be changed or otherwise modified only by written
16• agreement of all parties.
3. r/ SUCCESSORS:
18' 16. The covenants and conditions herein contained shall, subject
19 to the provisions as to assignment,. apply to and bind the heirs, successors,
20I executors, administrators and assigns of "ell of the parties hereto; and all
21 of the parties hereto shall be jointly and severally liable hereunder.
221 TIME Or ESSENCE: - - - --
23 17. Time is of the essence of this lease.
24
25
25
27
23
-u-
a
1
2
3
n
5
6
7
II
9
10
11
12
13
i4
15
le
17
1II
19
20
21
22
23
24
25
26
27
22
29
30
3).
CATIONS:
e c 8345 387
18. The captions in the margins of this lease are for convenience
only and are not a part of this lease and do not in any way limit or amplify
the terms and provisions of this lease.
This agreement will
become binding on the State only when
duly executed by the Executive Officer
of the State Lands Commission of the
State of California.
IN WITv"ESS VIHEREOF, the
parties hereto have executed this agreement
as of the date hereafter affixed.
LESSEES
STATE OF CALIFORNIA S '.
acting by and thrnugh ,•,�;
CITY OF SEAS, BEACH
STATE LANDS CC1,24ISSION +: > 'v '.` %__ +'••' :_ .
�A / f,'= �.S�Yer'1
-
By �7`L` --C, •'S.��L C �: � ._
Address
J. HORTIG
Executive Q .e per
By
LEE RISNER City Manager
� y g
D e ofSignature
-
(�Date of Signature
I *City Seal shall be affixed,
and a certified copy of the
City Council resolution
authorizing execution shall
be attached.
,12-
7"
STA'L'E OF CALIFORNIA
ss:
2
COUITI OF ANGELES)
LOSS
3
On \%Z �,� /Q ; 1967, before me, the undersigned, a Notary
Public in and for/ -aid State, with principal office in C. l.,,o�,��' <� '
County, personall, appeared F. J. HORTIG, known to me to be the E.—cutive
Officer of the STATE LAPDS CUU4ISSION, STATE OF CALIFORNIA, the C mmission .
5
that executed the within instrument, _known to me to be the person who
executed the within Instrument on behalf of the Commission therein named,
Fi
and acknowledged.to me that such Commission executed the within Instrument
pursuant.to a resolution of its Commissioners.
IN WITNESS WE:EREOF, I have hereunto set my hand and affixed my official
S
seal on the day and year in this certificate first above written..
to
mm...
�OFFICIAL
SEAL
Notary.. PuUJ) in and. for the County
PAYHU1 STRATTON
.
LIFORNiA
NOTARY eUPAL
of Lon j les, State of California -
111 OFFICE
-An
Z2
LOS ANGELES nCOUNTY
. .. .• .. ......... .. ...: „., .,
t,1y C^mroissicil Expires Oct. 30, 1910
.
13
7•n
STATE OF CALIFORNIA)
ss:
15
COUNTY OF ORANGE
16
On I 1967, before me, the undersigned, a Notary
Public in an for the County of Orange, State of California, personally
17
appeared LE RISNER, known to me to be the City Manager of the CITY OF
SEAS, BEACH, and known to me to be the person who executed the within
1E
'Instrument on behalf of said City of Seal Beach, and acknot:ledged to me -._ - -_
-that said municipal corporation executed the within Instrument pursuant to
3.9
its Charter, Resolutions, Ordinances and applicable State law.
2�
IN WITNESS WHEREOF, I have hereunto- -set my hand and affixed my official
seal on the day and year in this certificate first above written.
21
-2`J
- ..
Notary Public in and for the County
FICI"'• "SEAL " " "' "' ' of Orange, State of California
OFFICIAL SEAL
25
LOLITA L. THOMAS t
� NorARY Pu6uc- CALIFORNIA `•.
LOLITA
'.
I
9FftICIPAL oI FIE IN L. THOMAS
:• ti1Y Commission lApril
26
ORANCE COUNTY .! Expires 12, 1969
Y
..s.,..... ,:.::.r .... ............ .. .. .......... ........
27.`
a
r n "o ,
�.
23�•
29I
30
- 31
RESOLUTION NO.
11
8845 339
GEE MIRE Copy
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH, CALIFORNIA, A CHARTER CITY, AU'THORIZ- _.._..- ,...__
ING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE
-CITY OF SEAL BEACH A LEASE WITH THE STATE OF =
CALIFORNIA FOR USE OF CERTAIN STATE -01 -TOED TIDE_
AND SUBMERGED LANDS WITII THE CI'TY'S CORPORATE
BOUNDARIES.
WHEREAS, the City of Seal Beach has, at its own expense, constructed
and uiaintai=ned facilities and- structures- which- lie in- W'Ifole, or in part,
on State lands which structures and facilities are for the purpose of
enhancing the public use of tide and submerged lands for_the benefit
of all the people of the State of California; and
WHEREAS, the primary consideration for. the granting -of a.l.ease is
the public interest; and
WIIEREAS, it is the intent of the .City to devote all of the leased
State lands in furtherance o.f the public trust for commerce, navigation
fisheries and for the public benefit of State citizens; and
WHEREAS, certain leases and permits granted by the State of,
California to the City of Seal Beach for facilities and structures which
protect state and city property will expire in the near future;.- -
NOW, THEREFORE. THE: CITY COUNCIL OF.'THE- "CITY OF -SEAL BEACH, CALIFORNIA,
a municipal,corporation_.and a,chorter_city,,doe-s hereby resolve as
folloiis :
Section 1. The City Manager is authorized to execute on behalf
of the City of Seal Beach a. lease by and between the Stat� of
California, acting through the State Lands Commission, and the Ci_fy
of Seal Beach for certain State -owned lands described g'ene'rally as
follows: '
Beginning at the southeast corner of Tract No. l in the City of- Seal Beac1
County of Orange, State of California; said corder being the intersection
of the northeast line of Electric Avenue with the-southern -line of
Seal Way as shown upon the.map of said Tract No. 1, recorded in-Book 9
of Miscellaneous Maps at Page 1,0range County Records; thence continuing
westerly along the southern line of Seal Way as shown upon said map
to the western boundary of Tract No. 1; thence northwesterly from said
point in a direct line 3,584.36 feet more or 1ess.to an intersection
with the southwestern, prolongation of the centerline of Third Street
in the City of Seal Beach as said street is shown upon the map of
Tract No. 2, recorded` in Book 9 of Miscellaneous Maps, records of said
county, at a point located 255.5 feet southwesterly from the south -'
west line of Ocean Blvd.:; thence continuing northwesterly along a
prolongation of the foregoing course 590.18 feet more or less to the
intersection with southwesterly prolongation of the southeasterly line
of First Street (60 feet wide) as shown upon the map of Bay City,..
recorded in Book 3 of Miscellaneous Maps at page 19; thence northeasterly
along said line of First Street to a point distant 273.93 feet south-
westerly from the southwest line of Ocean Blvd.; thence N. 580 54'W.,,
55.32 feet; N. 220 51'14.,230 feet; thence N. 650 00' W., 120 feet_;
thence S 310 00'W.,.2,150feet; thence.S. 580 43' E., to an intersection
with the southwesterly prolongation of the initial course in the des -
cripLion.of Parcel 2, as described in the Second Amended Complaint
in Condemnation, No. 3436,RJ Civil, United States of America,
Plaintiff, vs. 41783 acres of land, more or less, in Orange County,
State of California, et al, filed in the District Court of the United
States in and for the Southern District of California, "Central
Division; thence northeasterly along said southwesterly prolongation,
and continuing along said initial course to an intersection with the
southwesterly extension of the first course in the herein described
parcel; thence northeasterly along said extension and along said first
course to the point of beginning. - -" -
Containing 238 acres more or less..
Bearings used in-this description have the same basis as those shown
upon the heretofore mentioned map of Bay City.
The initial course in the
3436 -RJ Civil, is located
"That part of the he- reinb
and 24 in the Ranchos Los
described as follows:
description of said Parcel 2, Action No.
as follows:,
PARCEL 2
=_fore- mentioned Sections 7, 8, 9, 12, 13, 14,
Alamitos and La Bolsa Chica; bounded and
Commencing at a.point that is 30 feet distant from a monument - -- —•
consisting of a copper plug set in concrete, said distance of 30 .feet
being measured in a southeasterly direction at right angles tb a line
forming the center.li_ne of an existing rock jetty joini_ng.a certain
thoroughfare named Seal Way in the City of Seal Beach, California, .:
said center line being a straight line, extending from the hereinabove
mentioned monument, located near. -the southwesterly end of said jetty,
to another similarly constructed monument near the northeasterly end
of said jetty; thence in a northeasterly direction along a straight
line which is 30 feet southeasterly of and parallel to the herein -
above described center line of said existipg jetty to its intersection_
with the extension southwesterly of the southeasterly right -of -way .
line of the aforementioned thoroughfare Seal Way, which is shown -on
Tract No. 1 of Miscellaneous Map_Book 9, Page 1, in the Recorder's.-..
Office of Orange County:-... ".
w� .8245 :'s 391 .
PASSED, APPROVED, AND ADOPTED by the City Council of the City,of
Seal Beach at a meeting thereof held on the day of
1967.: —
t� ydr
ATTEST:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, F. W. Hiclanan, City Clerk and ex- officio clerk of, the City council
hereby certify that the foregoing resolutio:l was passed; approved,
and adopted by the-City Council of the City of Seal Beach at a meet-
ing thereof_ held on the day of 1967,
by the followin vote: _. _. -. __ .— .._ . ✓__ -_ -- - -._ -_ .. -
AYES: Councilmen
NOES: Councilmen
ABSENT: Councilmen_
City Clerk
i
e�c• 8334 5 39 1
PASSED, APPROVED, AND ADOPTED by the City Council of the City,of
Seal Beach at a meeting thereof held on the day of
`�,xr, , 1967 .
Lt
-
ATTEST: - — - -- -=
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, F. W. Hicknan, City Clerk and ex- officio clerk of the City Council,
hereby certify that the foregoing resolution was passed, approved,
and adopted by the City Council of the City of Seal Beach at a meet -
in thereof held on the (7L day of _'L � -� %t �C['_ 1967,
by the following vote:
AYES: Couricilnen �17a�.1 r �'L•, 41- c_C- 3 Z.LC.
NOES : Councilmen %(•? -I Le. _
ABSENT: Councilmen
City Clerk
TIDELANDS LEASE W. p. 684o
CITY OF LONG BEACH P.R.C. 38+7.9
1 %'RE: LANDS LOCATED IN SEAL BEACH, CALIFORNIA
3 This lease, made and entered into this — 3rd day of
4 January , 19_(2$_, by and between the STATE OF
5 CALIFORNIA, hereinafter referred to as "State ", acting through the
6 State Lands Commission and pursuant to the authority contained in
7 Division 6 of the Public Resources Code and the rules and regula-
8 tions adopted thereunder, and the CITY OF LONG BEACH, hereinafter
9 interchangeably referred to as "Lessee" and "the City ".
10
W I T N E S S E T H:
11
12 WHEREAS, the City of Long Beach, together with other
13 Parties have heretofore entered into an agreement with the State,
14 acting by and through the State Lands Commission, to fix the
15 boundary between the uplands of a portion of Rancho Los Alamitos
16 and certain State tide and submerged lands; and
17 WHEREAS, the City has constructed and is maintaining at
18 its own expense various structures and facilities which lie, in
19 whole or in part, upon State lands but which prior to said agree -
20 ment were claimed by the City to be located on City ,owned lands by
21 virtue of deeds held by said City; and
22 WHEREAS, the facilities and structures referred to here -
23 inbefore are for the purposerof enhancing the public use of the
24 tide and submerged lands; and
25 WHEREAS, it-is the intent of the City to devote all of
26 the hereinafter described property to the furtherance of the public
27 trust for commerce, navigation and fisheries, and for the benefit
28 of all of the people of the State;
29 NOW, THEREFORE, parties to this lease do hereby covenant
30 and agree:
31 TERM:
1.' State does hereby lease, demise and let unto Lessee
aE
1 for a term of 49 years, beginning March 8 1968 to
2 _March 8, 2017 (unless sooner terminated as hereinafter
3 provided) those certain sovereign lands along the ocean front of
4 the Pacific Ocean in the City of Seal Beach, situate in the County
5 of Orange, State of California, and more particularly described
6 as follows:
7 Beginning at the intersection of the northerly line of Lot A2
in the Rancho Los Alamitos as shown on Map No. 1 of a portion
8 of said Rancho filed in Decree of Partition in Superior Court
Case No. 13527 in the County of Los Angeles, California, a
9 co py of which was recorded January 290 1891 in book 700 pages
138 and 139 of Deeds in the county recorder's office of said
10 Los Angeles County, a copy of which was recorded March 12, 1891
in book 14 page 31 of Deeds in the office of the county recorder
11 of said Orange County with the boundary line between Stations
1 and 2 of Los Angeles and Orange Counties as surveyed by the
12 County Surveyor of said Los Angeles County and established by
the California Legislature in 1919 and as shown on Los Angeles
13 'County Surveyor's Map No. 8175, recorded in book 39 page 52 of
Miscellaneous Records in the office of the county recorder of
14 said Los Angeles County; thence along said northerly line of
Lot A2 easterly 150.00 feet • thence South .170 28' 11" West
15 700.00 feet; thence South 2�0 48' 57" West 3,450 feet; thence
North 610 11103" West 614 feet more or less to the said bound -
16 ary line between Los Angeles and Orange Counties; thence north-
easterly along said boundary line to the Point of Beginning.
19 EXCEPT therefrom all of the land within the metes and bounds
description shown as Parcel 18, Section 1, Chapter 1579,
18 California Statutes of 1961.
19 Said land contains 43 acres more or less.
20 Bearings contained in this description are based upon the California
Coordinate System Zone 7. Upon this System Course No. 50 of said
21 Rancho Los Alamitos has a value of North 376 52' 11.9" West.
28 CONSIDERATION:
23 2. The primary consideration for the granting of this
24 lease shall be the public benefit. The Lessee shall pay to the
25 State any profit derived from the operations hereinafter described
26 pursuant to the provisions of paragraph "18 hereof.
27 ASSIGNMENT AND .
SUBLETTING:
28 3. Lessee shall not assign this lease. Nothing here- ;
29 in, however, shall prohibit Lessee from entering into leases,
30 subleases, franchises or permits or other agreements with third
31 persons for the use of limited areas of the leased premises t
-2-
], herein described for the purposes set forth in paragraph 8
'2- herein, provided that such persons meet the requirements and
3 qualifications for lessees set forth in Division 6 of the Public
4 Resources Code and Title 2 of the Administrative Code.
5 RESERVATION
OF THE STATE:
6
4;' This lease is subject to any existing lease, permit,
7 easement, right -of -way or, license for other purposes and State
6 reserves the right hereafter to lease, convey, or otherwise
9 transfer or encumber such land or any portion thereof for any or
10 all purposes whatsoever not inconsistent or incompatible with the
11 rights or privileges granted to Lessee, including without limit
12 ing the generalities of the foregoing, oil and gas and minerals.
13 State expressly reserves the right to grant easements, crossings
14 or rights -of -way in, upon,. over and under the leased premises,
15 for any purpose, without compensation to Lessee.
16 OPERATIONS, ALTERATIONS AND
IMPROVEMENTS: ood and
fi•�► 5. .All activities shall be conducted in a g
18 workmanlike manner. Lessee shall maintain and keep in good
19 sound repair all structures, facilities or appurtenances upon
20 the property. Lessee shall obtain any necessary permits from any
21 other public bodies having jurisdiction therein and shall comply
22 with all applicable laws, rules and regulations. Any permanent
23 structures erected upon the demised premises by Lessee shall, at
24 the option of the State, become the property of the State of
25 California upon termination of this lease, or the State may re-
26 quire Lessee to remove all or a portion of said structures erectec
27 subsequent to execution of this lease. The State may require a
28 sufficient bond or other security to assure that appropriate pro -
29 tective or remedial actions will be taken to protect the State.
30 LIABILITY:
31 6. Lessee agrees to indemnify and hold harmless the
-3-
1 State, its officers, agents and employees against any loss,
2 damage, claim, demand or action caused by, arising out of or
3 connected with the construction or maintenance of structures
4 upon, or the use by Lessee or its agents, sublessees, permittees
5 or franchise holders, of the leased premises, whether such
6 liability arises by reason of the acts or omissions of Lessee
7 or its agents or its contractors or its sublessees, permittees
8 or franchise holders during the term hereof, or sooner termina-
9 tion of this lease. At the option of the State, Lessee shall
10 procure and maintain liability insurance for the benefit of the
11 State in an amount satisfactory, to the State. The minimum
12 coverages shall be:
13 Three Hundred or° lossdsustained (by0any0o,e for
persondeath
in or
bodily injury
14 any one occurrence; and
15 Five Hundred Thousand Dollars ($500,000) for death or
bodily injury or loss sustained by more than one person
16 in any one occurrence; and
17 Fifty Thousand Dollars ($50,000) for loss by damages
or injury to property in any one occurrence.
18
19 The State shall be named as an insured. A certificate of all
20 required insurance shall be furnished to the State 'at the time
21 of execution of this le'p,se. Continuation certificates shall be
Q2 furnished at least 30 days prior to the expiration of the then
23 existing certificate. No such insurance shall be cancelled
24 without 30 days' notice to the State. The policy shall either
25 contain a provision providing for a broad form of contractual
26 liability, including leases and permit's, or there shall be
27 attached thereto an endorsement providing for such coverage.
28 Upon request, the State shall be entitled to inspect the original
29 policy of insurance or a photocopy thereof. The procuring of such
30 policy of insurance shall not be-construed to be a limitation upon
31 the Lessee's liability or as a full performance on its part of the
-4-
1 indemnification provisions of this paragraph, Lessee's obligations
•.2 being, notwithstanding said policy of` insurance, for the full
3 and total amount of any damage, injury or loss causeu uy L.LLC
4 negligence or other, acts creating liability for injury or damage
5 connected with Lessee's or its sublessees', permittees', or fran-
6 chise holders' use of the premises. The amount of insurance as set
7 forth herein may be increased at the option of the State, upon 30
g days' notice to Lessee,to such sums as are reasonably required to
g meet changing conditions.
10 POLLUTION:
11 7. Lessee shall observe and comply with all rules and regu-
12 lations now promulgated by any agency or subdivision of the State
13 of California having jurisdiction therein and such rules and
14 regulations as may hereafter be promulgated by any agency or sub -
15 division of the State of California having jurisdiction therein;
16 and Lessee shall at all times take suitable precautions to prevent
iT pollution and contamination of waters of the Pacific Ocean.
18 8. This lease shall be for the purposes and subject to
19 the terms and conditions hereinafter set forth.
20 8.1 The leased premises shall be used for beaches,
21 marine parks, marinas, small boat harbors, bulkheads, piers,
22 marine transportation facilities, public utilities, earthfills,
23 buildings, structures, recreational facilities (including but
24 not limited to restaurants and shops), landscaping, parking lots,
25 streets and roadways for public access to the leased premises, and
26 related facilities for the benefit of .the people of the State, as
29 opposed to a purely 1o9al benefit, and for the furtherance of the
28 public trust purposes of commerce, navigation and fisheries.
29 842 Lessee shall submit to the State Lands Division,
30 on or before September 30 of'rach year, a report of the utiliza-
31 tion of the leased premises. Said report shall include:
-5-
1
(a)
A description
of the uses to which the leased premises
2
have
been placed during the period covered by the report
3
(b)
A list
of the owners and holders of subleases, permits
4
and
franchises granted by the Lessee, which list shall
5
specify
as to each such owner or holder:
6
(i)
The uses to which the premises have been
-',
7
placed by the owner or holder;
i
8
(ii)
The uses to which the premises shall be placed
9
or may be placed by the owner or holder, pursuant
10
to the terms contained in the sublease, permit
"
11
or franchise, during the remaining period of the
'
12
sublease, permit or franchise;
13
(111)
The consideration provided for in each sublease,
14
permit or franchise and the consideration actually
15
received by the Lessee for the sublease, permit
16
or franchise granted or issued; and
i§••rt =a Y ��
17
(iv)
An enumeration of the restrictions which the
18
Lessee has placed on the use of the premises
and each area thereof for the period covered
20
by the. report .
. "'
21
(c)
A statement as to the future plans of the Lessee for the
22
use
of the leased premises, containing the following:
'
23
(1)
Type of future development which is planned as
24
to each general area within the leased premises;
25
(11)
Expected statewide benefit to be derived from the
26
development plan, "including the financial benefit
27
and the navigational, commercial or recreational
28
benefit;
-�
29'
(iii)
The proposed method of financing the pli§n, estimat
30
capital costs, annual _perating costs, and annual
!
i
31
revenues of the plan.
0 1 a
1 8.3 Lessee shall establish a separate account in the
a Tideland Operating Fund (hereinafter called "Lease Account ") for 1.
3
the deposit of all revenue received from the leased premises.
,
4 Where facilities are located partially on the leased premises and
5 partially on lands otherwise owned by the City, the revenues and
6 expenses attributable to said facility shall be apportioned between
7 appropriate City accounts, based upon the percentage of the facil-
a ity located on the leased,premises and the portion located on the
9 lands otherwise owned by the City. A statement of financial
10 conditions and operations, to conform to the requirements of the
11 State Lands Division, shall be submitted to the Executive Officer
12 of the State Lands Division on or before September 30 of each year
13 for the preceding fiscal year. All money, if any, remaining in the
14 Lease Account, after the deduction of authorized expenses incurred;
15 at the end of the term of this lease shall be transferred to the
16 State; provided, however, that Lessee shall be entitled to a credit
17 for any funds advanced and expended for the purposes set
18 forth in paragraph 8.4. In the event uplands are acquired with
19 funds out of the Lease Account, such lands shall become the
20 property of the State at the end of the term of this lease.
21 8.4 The Lessee may use revenues accruing from or out
22 of the use of the leased premises for any or all of the following
23 purposes which,are matters of statewide, as distinguished from
24 local, interest and benefit:
25 (a) The construction, reconstruction, improvement, repair,
26 operation, maintenance, promotion, and protection of
27 works, lands and facilities necessary for the develop
28 ment of the leased premises for the highest-and best
29
use in the public interest, including, but not limited
30 'to, commerce, navigation, fisheries, marinas, small
31
boat harbors, marine stadiums, marine parks, beaches, ;
-7-
20 provided that as to any expenditure of revenue from the Lease
21 Account for any single capital improvement involving an amount in
22 excess of fifty thousand dollars ($50,000) in the aggregate, the
23 Lessee shall file with the State Lands Commission a detailed
24 description of such capital improvement not less than'90 days
25 prior to the time of any disbursement therefor or in connection
26 therewith, excepting preliminary planning. Such description shall
27 specify, in additions the particular public interest and benefit,
28 the provision of this lease authorizing the proposed expenditure
29 and how the expenditure complies with the Lessee's statement of
30 future plans. The State bands Commission may, within 90 days after
31 the time of such filing, determine and, notify Lessee that such
1
streets, roadways, earthfills, bulkheads, piers,
2
supporting structures, buildings, recreational facil-
3
ities, landscaping, and parking lots situated upon the
4
leased premises, or adjacent thereto and reasonably
5
necessary to provide access to, or development and use
6
of the leased premises;
7
(b)
The promotion, by advertising and such other means as
8
may be reasonable and.appropriate, of maximum use of
9
the leased premises or to encourage private investment
10
in development of the leased premises for the-highest
11
and best use in the statewide public interest;
12
(c)
Any other uses or purposes of state, as distinguished
13
from purely local, interest and benefit, which are in
14
fulfillment of those uses and purposes described in
15
paragraph 8.1 hereof.--oz'. which are approved in advance
16
by the State Lands Commission;
17
(d)
The acquisition of property and the rendition of
18
services reasonably necessary to the carrying out
19
of the foregoing uses and purposes;
20 provided that as to any expenditure of revenue from the Lease
21 Account for any single capital improvement involving an amount in
22 excess of fifty thousand dollars ($50,000) in the aggregate, the
23 Lessee shall file with the State Lands Commission a detailed
24 description of such capital improvement not less than'90 days
25 prior to the time of any disbursement therefor or in connection
26 therewith, excepting preliminary planning. Such description shall
27 specify, in additions the particular public interest and benefit,
28 the provision of this lease authorizing the proposed expenditure
29 and how the expenditure complies with the Lessee's statement of
30 future plans. The State bands Commission may, within 90 days after
31 the time of such filing, determine and, notify Lessee that such
1 capital improvement is not in the statewide interest and benefit,
2 or is not authorized by any of the provisions of this lease, or
3 does not comply with the Lessee's future plans. In the event the
4 State Lands Commission so notifies the Lessee that the capital
5 improvement is not authorized, the Lessee shall not disburse any
6 revenue for or in connection with such capital improvement, unless
7, and until the consent of the State Lands Commission is obtained or
8 a judicial determination has been made. Failure of the State -
9 Lands Commission to make such a notification within the 90 -day
10 period shall constitute approval by the State Lands Commission of
11 the proposed capital improvement. Any determination by the State
12 Lands Commission prior to the expiration of the aforesaid 90 -day
13 period, declaring that the proposed capital improvement satisfies
14 the criteria set forth herein, shall operate as the termination of
15 the aforesaid 90 -day period.
16 8.5 Lessee agrees that, in its employment practices
17 arising out of or connected with its operations under this lease,
18 -it shall not discriminate against 'any individual because of race,
119 color, ancestry, national origin, or religion.
20 ENTRY BY
STATE:
21 9. State, through its authorized agents, shall have the
22 right at all reasonable times to go upon the leased premises for
23 the purpose of inspecting the same, or for the purpose of maintain
24 ing or repairing said premises, or for the purpose of placing upon
25 the property any usual or ordinary signs, or for fire or.police
26 purposes,or to protect the premises from any cause whatever, with -
27 out any rebate of charges and without any liability on the part
28 of the State for any loss of occupation or quiet enjoyment of the
29 premises thereby occasioned.
30 RESTORATION OF
PROPERTY:
31 10. Lessee will on the last day of the lease term or any,
1 extension thereof, or sooner termination of this lease, peaceably
2 and quietly leave, surrender and yield up to the State, all and
3 singular, the leased premises in good order, condition and repair,
4 reasonable use and wear thereof, and damage by act of God or the
5 elements excepted. Lessee, at the option of the State, will
6 immediately upon termination, at his own expense and risk, salvage
7 and remove all structures erected by Lessee and restore the land
8 as nearly as possible to the condition existing at the date of
9 execution of this lease, free of debris, and shall repair and
10 restore any damage to the improvements, if any,-owned by the State
11 resulting from either construction or removal by Lessee or result-
12 ing from causee for which Lessee is liable under this lease, and
13 shall complete said removal and restoration within ninety (90)
14 days after termination of this lease. In the event that Lessee
15 fails to comply with this covenant, State may make such removal
16 or restoration and'Lessee agrees to pay all of the costs involved
17 therein.
18 FORCE MAJEUER:
19 11. It is understood that Lessee's obligations here -
20 under shall be suspended during any period in which Lessee is
21 prevented from complying therewith by acts of God, riots, acts
22 of Federal or State agencies, or any other cause beyond Lessee's
23 reasonable control.
24 QUITCLAIM
RECORDING:
25 12. Upon the termination of the rights hereby granted,
26 Lessee shall execute and deliver to State, within thirty (30)
27 days after service of written demand thereof, a good and sufficien
28 quitclaim deed to the rights arising hereunder. Should Lessee
29 fail or refuse to deliver to the State a quitclaim deed as afore-
30 said, a written notice by the State reciting the failure or
31 refusal of Lessee to execute and deliver said quitclaim deed as
-10-
1 'herein provides' terminating this lease, sh 11 after ten (10) days
0 tic be conclusive
.� 2 from the date of recordation of said notice,
J
; 3 evidence against Lessee and all persons claiming under Lessee of
4 the termination of this lease.
5 NOTICES:
6 13. All notices herein provided to be given shall be
7 deemed to have been fully given when made in writing and deposited
8 in the United States mail, registered or certified and postage
9 prepaid, addressed as follows:
10 To the State:
State Lands Commission
11 Room 305, California State Building
21T;West First Street
12 Los Angeles, California 90012
13 To the Lessee:
City of Long Beach
14 City Manager
City Hall .
15 Long Beach, California 90802.
16 WAIVER OF
BREACH:
17 14. The waiver by the State of any breach of any term,
18 covenant or condition herein contained shall not be deemed to be
19' a waiver of such term, covenant or condition with respect to any
20 subsequent breach of the same or any other term, covenant or
21 condition herein contained. The subsequent acceptance of monies
22 hereunder by the State shall not be deemed to be'a waiver of any
23 preceding breach by Lessee of any term, covenant or condition of
24 this lease, other than the failure of Lessee to pay the particular
25 monies so accepted, regardless of the State's knowledge of such
26 preceding breach at the time of acceptance of such monies.
27 -TERMINATION OR
MODIFICATION:
28 15. This agreement may'be•,termihated only by the mutual
29 consent of the parties hereto. No act or omission by either the
30 State or Lessee shall constitute a modification of this lease, it
31 being understood by all parties that this lease may be changed or
-11-
t
• M
1 otherwise modified only by written agreement of all parties.
2 SUCCESSORS:
3 16. The covenants and conditions herein contained shall,
4 subject to the provisions as to assignment, apply to and bind the
5 heirs, successors, executors, administrators and assigns of all of
6 the parties hereto; and all'of the parties hereto shall be jointly
7 and severally liable hereunder.
8 TIME OF ESSENCE:
g 17. Time is of the essence of this lease.
10 CAPTIONS:
11 18; The captions in the margins of this lease are for
12 convenience only and are not a part of this lease and do not in
13 any way limit or amplify the terms and provisions of this lease.
14 , This agreement will become binding on the State only
15 when duly executed by the Executive Officer of the State Lands
16 Commission of the State of California.
17 IN WITNESS WHEREOF, the parties hereto have executed
18 this agreement as of the date hereafter affixed.
19 LESSEE* STATE OF CALIFORNIA
acting by and through
20 CITY OF LONG BEACH STATE LANDS COMMISSION
21 City Hall By
22 Long Beach, California 90802 ORT
Address �ecutive icer
23
24 P
J R. MAN ELL, City Ma ager Dat o ignature
25
28
29
30
31
*City Seal shall be affixed and a
certified copy of the City Council
resolution authorizing execution
shall be attached.
-12-
B001C C35 jy rage u«
1 STATE OF CALIFORNIA
sa: -
2 COUNTY OF LOS ANGELES'
3 Onr%t„�"t,��`_ 19a before me, the undersigned, in
a Notary in and for said State, with principal F.fJicHOFtTIG,
4 �� Gt�•.� , ,1�. County, personally app
5 kno to me to.je the Executive Officer of the STATE LANDS
COMMISSION, STATE OF CALIFORNIA, the Commission that executed the
6 within Instrument, known to me to be the person who executed the
within Instrument on behalf of the Commission therein named, and
7 acknowlejdged t that asuch
resolutionaofnitaeConunissionerswithin
Instrument pursuant
8 , IN WITNESS WHEREOF, I have hereunto set my hand and affixed
9 my official seal'on the day and year in this certificate first
above written.
10 �--�
11
0FFI1 —IA'
Notary is in an for he County
s ���• NOTARY PUB' IC • CAI.1: t..RNIA r J
l2 PRINCIPAL OFFICE IN of Los A6geles, State of California
►•' LOS ANGELES COUNTY
13 , Ny Coohnission ExrTres Oct 30,1910 �....
14
15 STATE OF CALIFORNIA
ss:
16 COUNTY OF S ANGELES
17 On , Iq ��� , before me, the undersigned
a Nota lie i nd or the County of Los Angeles, State of
18 Califo a, , person ly appeared JOHN R. MANSELL, known to me to
be the City Manager of the, CITY OF LONG BEACH, and known to me to
19 be the person who executed the within Instrument on behalf of said
City of Long Beach, and acknowledged to me that said municipal its
20 charter,. Resolutions tOrdinancesland applicable State olaw.
Charter, ,
21
IN WITNESea1WIU;R�hOF,day and year inothis certificate first on 22 my official
above written.
23
24
25
26 APPROVED AS -fu NORM
27 ....... -�`' ............ .
�9...
..L11:OI' kD PU1, AIM Sry��Attorney
29 OEP 'TY CITY ATTORNEY
30
31
-13-
s Angeles,
Califo rni
RE
MARGARET I MpO �
I NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN 1
LOS ANGELES COUNTY
MY COMMISSION EXPIRES JANUARY 10, 1971
r
i
ATE OF CALIFORNIA
ST ss
CNTy OF LOS ANGELES
CO �
CITY OF LONG BEACH
•
Book 8539 page 622
Clerk of the City °f
MOORS, City olution
19 �RGARET L. that the attached Res
do hereby certify duly enacted
Long $each, resolution, 1967
is a true copy °f said
No. C -20088 the City of Long
Beach on November 28 �
the City Council °f
to law, and that the
by osted, according DELANDS LEASE' CITY OF
and thereafter duly P
attached thereto entitled TI CALIFO��' is a
CIa,
lease f °� NDS LOCATED IN SEAL BEA 20088
. ZA
esolut,oa No. C-
LONG BF,ACH,� attached to R
° of said ease form said resolution and said
aid 1
true c Py thereof on
time of its enactment' as s originals
at the ear from the of Long $each.
respectively appear the City
lease fO� f the City Clerk of
file in the office o
1968.
Dated
.i
1-
l
RESOLUTION NO. C -20088
2
3
A RESOLUTION AUTHORIZING EXECUTION OF
4
SEAL BEACH BOUNDARY AGREEMENT NO. 2, AUTHORIZING
5
EXECUTION OF LEASE BY THE STATE OF CALIFORNIA
6
TO THE CITY OF LONG BEACH OF CERTAIN FILLED,
7
TIDE AND SUBMERGED LANDS ADJACENT TO THE EAST
8
JETTY AND ENTRANCE CHANNEL OF ALAMITOS.BAY,
.9
LOCATED.IN THE CITY OF SEAL BEACH, AUTHORIZING
10
EXECUTION OF A CONVEYANCE OF RIGHT -OF -WAY
11
ALONG THE SAN GABRIEL RIVER FLOOD CONTROL
12
CHANNEL TO THE LOS ANGELES COUNTY FLOOD
13
CONTROL DISTRICT AND AUTHORIZING ACCEPTANCE
: 0
S S
14
OF A DEED FROM THE EAST NAPLES LAND COMPANY
0
Z is
15
TO THE CITY OF LONG BEACH, OF A PARCEL OF
♦JtCo
IL
0o W
�<
1WJuc
16
LAND SOUTH OF MARINA DRIVE.
17.
�K``J
i}
18
The City Council of the City of Long Beach resolves
u �
19
as follows:
20
Section 1. The City Manager is hereby authorized
21
to execute a boundary agreement in substantial compliance with
22
the form herewith submitted and-approved, entitled SEAL BEACH
23
BOUNDARY AGREEMENT NO. 2, whereby the westerly most portion
24
within the City of Seal Beach of the seaward boundary line
25
delineating lands derived in title"afrom the Rancho Los Alamitos
26
is agreed, defined and established for all time.
27
Sec. 2. The City Manager is hereby authorized to
28
execute a'lease from the State of California to the City of
29
Long Beach in substantial compliance with the form herewith
30
submitted and approved, entitled TIDELANDS LEASE, CITY OF LONG
31
BEACH, RE: LANDS LOCATED IN SEAL BEACH, CALIFORNIA, which
32
lease has a term of 49 years and relates to that property withii
1-
2
1
the entrance channel to Alamitos Bay and adjacent to the east
•2
jetty of said entrance channel as lies-within the City of Seal
3
Beach.
4
Sec. 3. The City Manager is hereby authorized to
5
execute a conveyance in substantial compliance with the form
6
herewith submitted and approved, entitled CONVEYANCE BY CITY
7
OF LONG BEACH TO LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF
8
RIGHT -OF -WAY FOR FLOOD CONTROL PURPOSES IN SAN GABRIEL RIVER
9
FLOOD CONTROL CHANNEL, for the purpose of confirming and
10
'securing the Los Angeles County Flood Control District in
11
its right to operate and maintain the San Gabriel River Flood
12
Control Channel for flood control purposes.
13
Sec. 4. The City Attorney, acting pursuant to the
So
14
general authority of the October 29, 1957 order of this City
o
Zs i
15
Council, is specifically authorized to execute a certificate
<oo
O S
16
of acceptance to such deed as is drawn in substantial com-
e � J
o a $�W
WW
17
pliance with the form herewith submitted, entitled QUITCLAIM
JF
zF
18
DEED, and is executed by the East Naples Land Company and
u J
19
delivered to the City of Long Beach, regarding the parcel of
20
land described therein lying south of Marina Drive, partly in
21'
Los Angeles County and partly in Orange County,,and thereupon
22
to cause said quitclaim to be recorded.
23
Sec. 5. The City Clerk shall certify to the-passage
24
of this resolution by the City Council of the City of Long
25
Beach and cause the same to be posted in three (3) conspicuous
26
places in the City of Long Beach and it shall thereupon take
27
effect.
28
I hereby certify that the foregoing resolution was
29
adopted, by the City Council of the City of Long Beach at its
30
meeting of November 28, 1967, by the following vote:
31
Ayes: Councilmen; Bo, pFq?S,CLARK,s rT� LlyU,
•
32
S"RAHAM,CC B , ,KE T R-
2
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19
20
21
22
23
24
25
26
27
28
29
30
31
32
3
BASIN
'No. I
D�
I
1
CEPTED FROM LEASE
EA - PORTION OF PARCEL IS,
CTION I CHAP I579, \
ATS. 1961
BASIN \
i
i
wl
H
v
•
PEDRO
/L
1_
►ICPT14F_NN LINE LOT A 1
RANCHO LOS ALAIAITOS 4 -ter- --
('i s iOO /138 -139, L.ALO.
SEAL
L
OCEAN
Lill", F-il
n,
BEACH
AVENUE
;761 x w. 614 11.2
PLOT SHOWING TIDE AND SUBMERGED
1 LANDS WITHIN THE CITY OF SEAL BEACH
I LEASED TO THE CITY OF LONG BEACH
A
1
1
,
N9
O
f'
S
Lu
Z
U
w
<
_
Q
Z
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A
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m
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BA
N OTE
BEARINGS SHOWN HEREON ARE BASED
UPON THE CALIFORNIA COCROINATE SYST,
ZONE 7. UPON THIS SYSTEM COURSE No.°_
OF RANCHO LOS ALAMITOS HAS A VALUE
OF N. 37.52'11 .9' W.
;761 x w. 614 11.2
PLOT SHOWING TIDE AND SUBMERGED
1 LANDS WITHIN THE CITY OF SEAL BEACH
I LEASED TO THE CITY OF LONG BEACH
A
I for a term of 49 years, beginning march 8, 1968 to
2 March 8, 2017 (unless sooner terminated as hereinafter
3 provided) those certain sovereign lands along the ocean front of
4 the Pacific Ocean in the City of Seal Beach, situate in the County
5 of Orange, State or California, and more particularly described
6 as follows:
7 Beginning at the intersection of the northerly line of Lot A2
in the Rancho Los Alamitos as shown on Map No. 1 of a portion
8 of said Rancho filed in Decree of Partition in Superior Court
Case No. 13527 in the-County of Los Angeles, California, a
g co py of which was recorded January 29, 1891 in book 700 pages
138 and 139 of Deeds in the county recorder's office of said
10 Los Angeles County, a copy of which was recorded March 12, 1891
in book 114 page 31 of Deeds in the office of the county recorder
11 of said Orange County with the boundary line between Stations
1 and 2 of Los Angeles and Orange Counties as surveyed by the
12 County Surveyor of said Los Angeles County and established by
the California Legislature in 1919 and as shown on Los Angeles
13 County Surveyor's Map No. 8175, recorded in book 39 page 52 of
Miscellaneous Records in the office of the county recorder of,
14 said Los Angeles County; thence along said northerly line of
Lot A2 easterly 150.00 feet; thence South 170 28' 11" West
15 700.00 feet; thence South 280 48' 57" West 3,450 feet; thence
North 610 11103" West 6114 feet more or less to the said bound -
16 ary line between Los Angeles and Orange Counties; thence north-
easterly along said boundary line to the Point of Beginning.
17 EXCEPT therefrom all of the land within the metes and bounds
description shown as Parcel 180 Section 1, Chapter 1579,
18 California Statutes of 1961.
19 Said land contains 43 acres more or less.
20 Bearings contained in this description are based upon the California
Coordinate System Zone 7. Upon this System Course No. 50 of said
21 Rancho Los Alamitos has a value of North 37� 52' 11.9" West.
22 CONSIDERATION:
23 2. The primary consideration for the granting of this
24 lease shall be the public benefit. The Lessee shall pay to the
25 State any profit derived from the operations hereinafter described
26 pursuant to the provisions of paragraph'-8 hereof.
27 ASSIGNMENT AND
SUBLETTING:
28 3. Lessee shall not assign this lease. Nothing here-
29 in, however, shall prohibit Lessee from entering into leases,
30 subleases, franchises or permits or other agreements with third
31 persons for the use of limited areas of the leased premises
-2-
e
Book 8539 Page 608
5669 1
Recorded at the request of:
State of California
N. Gregory ,Taylor,
Deputy Attorney General
217 West First St. (Rm. 750)
Los Angeles, Calif.-90012
NO TAX DUE
Recorded at Request Of
State of California
In Official Records Of
Orange County, Calif.
9:05 AM MAR 11 1968
J. WYLIE CARLYLE,
County Recorder
•RE
I C4
TIDELANDS LEASE W.O. 6840
CITY OF LONG BEACH P.R.C. 3847.9
REs LANDS LOCATED IN SEAL ERACH, CALIFORNIA
[Lease dated 3 January 19680 by and between
STATE OF CALIFORNIA, acting through the State
Lands Commission (STATE - Lessor) and CITY OF
LONG BEACH (THE CITY - Lessee))
w
f
1
t
i
h
1
n
3
5
C
7
a
9
1.0
11
12
13
;fit.
75
16
�.7
18
19
20
21
22
23
24
25
26
27
28
29
30
31
LOUNPARY AGREEMENT
w.o. 6566
B.L.A. 90
THIS BOUNDARY AGItE IAENT, made and entered Into by and between
STATE OF CALIFORNIA, acting by and through the STATE LANDS COMMISSION (as
Party of the First Part, hereinafter referred to as "the State "), the
CITY OF SEAL BEACH, a municipal corporation (as Party of the Second Part,
hereinafter referred to as "the City "), and DEPARTMENT Or, WATER AND P014ER
OF THE CITY OF LOS ANGELES, on behalf of the CITY OF LOS ANGELES, a
municipal corporation (hereinafter referred to as' "Department of water
and Power ").
'GIITNESSETH:-
WHEREAS, -the State by virtue of its sovereignty is the owner of
tide and submerged lands along the ocean front of the City of Seal Beach,
California;
17HEREAS, the City and Department of Water,and Power are the
owners of the uplands abutting the aforementioned ocean front; 1
1411EREAS, the line of ordinary high tide of the Pacific Ocean is
the seaward boundary of the lands owned by the'City and Department of
Water and Power, and is the landward boundary of the lands of the State;
WHEREAS, the line of mean high tide of the Pacific Ocean, as
I
the same may have existed in its last natural state, has been affected
and controlled by artificial'processes, and•Ithere is substantial doubt
and uncertainty as to the last natural location thereof and, consequently,
the true boundary between the lands of the State, and the City and
Department of Plater and Power is uncertain and in doubt;
WHEREAS, the State Lands Commission, pursuant to Section 6357
of the Public Resources Code:
"...may establish the ordinary highwater mark—of
tide and submerged lands of this State, by agreement,
arbitration, or action to quiet title, whenever it
-1-
' n
1
2
3
4
J
6
7
9
10
11
12
13
14.
15,
1G
17
18
19
20
21
22
23
24
25
26
27
23
29
30
3Z
is deemed expedient or necessary: ";
WHEREAS, the State, the City and Department of Water and Power
consider it expedient and necessary, and in the best interests of the State,
the City, Department of Water and Power and the public, to determine,
describe and fix permanently the boundary between the lands belonging to
the respective parties hereto, and forever set at rest anY and all questions
relating to the location of the hereinafter described boundary;
NOW, THEREFORE, in order to locate,•describe and 'permanently
establish the true and correct boundary between the lands of the State,
and the City and Department of Water and power, it is agreed as follows
that:
1. Said boundary line is and shall, be located and established as
follows:
Beginning at the southeast corner of Tract No. 1 in the City of
Seal Beach, County of Orange, State of California, said corner
being the intersection of the northeast line of Electric Avenue
with the southern line of Seal Way.as shown upon the map of said
Tract No. 1, recorded in Book 9 of Miscellaneous Maps at Page l,•
Orange County Records; thence continuing westerly along the
southern line of Seal Way as shown upon said map to the'w stern
boundary of Tract No. 1; thence northwesterly from said point
i
in a direct line 3,58+.36 feet more or less to an intersection
with the southwesterly prolongation of the centerline of Third'
Street in the City of Seal Beach as said street is shown ,upon
the map of Tract No. 2, recorded in Book 9 of Miscellaneous
Maps, records of said county, at a point located 255.5 feet
southwesterly from the southwest line of Ocean Blvd., thence
continuing northwesterly along a prolongation of the foregoing
course 590.18 feet more or less to the intersection with
Uouthwesterly prolongation of the southeasterly line of First
Street (60 feet wide) as shown upon the map of Bay City,
-2-
r
.I .
4
5
e
7
E
9
10
11
12
13
14
15
16
17
18
19I
20
21
22
23
I
24
25
26
27
28
29
30
31
recorded in Book 3 of Miscellaneous Maps at page 19; thence
northeasterly along said line of First Street to a point distant
273.93 feet southwesterly from the southwest line of Ocean Blvd.;
thence N. 580 54' W., '55.32 feet; thence N. 22° 51' W., 366.64
feet; thence N. 24° 31' E.,*78.78 feet more or less to a point
on the southwest line of Ocean Blvd.; as shown upon said map of
Bay City, distant 362.19 feet measured along said line of Ocean
B1Yd., from the intersection with the southwesterly prolongation i
of the southeasterly line of First Street.
Bearings used in this description have the same basis as'
those shown upon the above- mentioned map of Bay City.
The above - described line is shown on the attached map
incorporated herein by'reference.
2. It is the intent -of the parties hereto that the afore-
.
described boundary line shall be permanent and fixed and not subject to
Ichange'by reason -of erosion or accretion.
3. This agreement shall be effective - when-- signed7by all the
parties hereto and shall be binding upon and inure to the benefit of the
successors and assigns of the parties hereto.
4. It is expressly understood by all parties hereto that the
provisions set forth in this agreement have been determined for Ipurposes "
I
of compromising and settling the boundary of the land§ of theparties
hereto. The boundary line shall not constitute any admission, nor is
it to be construed as any expression on-the part of any party executing
-3-
IN
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3111
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this agreement, except as between the parties hereto.
IN WITNESS WHEREOF, each party hereto has caused this agreement
to be executed.
STATE OF CALIFORNIA
acting by and through
STATE LANDS CCMMISSION
X1967 By f
Date Sig ure 10 HOR;Zf
Executive fi cer
STATE OF CAL FORNIA )
ss:
COUNTY OF ;�
On C)/J. a,G' /V , 1967, •before me-,'the u ersigned, a Notary Public
in and for g. id te, with principal office in lL --r�l �.l� --ii County,
personally./ ed F. J. HORTIG, known to me to e.the Exe• tive Officer of
the STATE LANDS COMMISSION, STATE OF CALIFORNIA, the Commission that executed
the within Instrument, known to me to be the person who executed the within
Instrument on behalf of th-e-Commission therein named, and acknowledged to me
that sucbeCommission executed the within Instrument pursuant to a resolution
Of its Commissioners.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official.
seal on the day and year in this certificate first above written.
n ..............................
" mm�nmm�Mn... ................................ ..n...........m.... "m.......... r
OFFICIAL SEAL
o MYRTLE S1•RATTON UB_IC- CALIFORNIA I C 17 o Low A r�L OFFICE_ IN N tary ub �_ in and for the County
" LES COUNTY -
. ........................._.,..,.........,....,.,,.,..,..,..,. ,....,......,.,,..,......,...., „.,,,...,. .......: of -� _ CLa�"" , State
My Commission Expires Oct. 30, 1970 of California
IN APPROVAL WHEREOF, I.
RONALD REAGAN
Governor of the State of
California have set my hand and _
caused the Seal of the State of '
California to be hereunto affixed
pursuant to Section 6107 of the `
Public Resources Code of the State
of California. Given under my hand
at the Ci�y of Sacram to, this,
the AO t L day of F
in the year of our Lo d on thousand
nine hundred and si- _ seven.
Attest:
Governor a—of State
-4-
{�� ' °„�.•�rs� -• f i cif it.�� Ll_.if��- �- �«�,w....a
Secretary of State
`7c )uty Secretary of Statp
W. o. 6566
B.L.A. 90
1
2
3
4
5
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10
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is
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201
21,
22
23
24
25
26
27
28
29
30
3111
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this agreement, except as between the parties hereto.
IN WITNESS WHEREOF, each party hereto has caused this agreement
to be executed.
STATE OF CALIFORNIA
acting by and through
STATE LANDS CCMMISSION
X1967 By f
Date Sig ure 10 HOR;Zf
Executive fi cer
STATE OF CAL FORNIA )
ss:
COUNTY OF ;�
On C)/J. a,G' /V , 1967, •before me-,'the u ersigned, a Notary Public
in and for g. id te, with principal office in lL --r�l �.l� --ii County,
personally./ ed F. J. HORTIG, known to me to e.the Exe• tive Officer of
the STATE LANDS COMMISSION, STATE OF CALIFORNIA, the Commission that executed
the within Instrument, known to me to be the person who executed the within
Instrument on behalf of th-e-Commission therein named, and acknowledged to me
that sucbeCommission executed the within Instrument pursuant to a resolution
Of its Commissioners.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official.
seal on the day and year in this certificate first above written.
n ..............................
" mm�nmm�Mn... ................................ ..n...........m.... "m.......... r
OFFICIAL SEAL
o MYRTLE S1•RATTON UB_IC- CALIFORNIA I C 17 o Low A r�L OFFICE_ IN N tary ub �_ in and for the County
" LES COUNTY -
. ........................._.,..,.........,....,.,,.,..,..,..,. ,....,......,.,,..,......,...., „.,,,...,. .......: of -� _ CLa�"" , State
My Commission Expires Oct. 30, 1970 of California
IN APPROVAL WHEREOF, I.
RONALD REAGAN
Governor of the State of
California have set my hand and _
caused the Seal of the State of '
California to be hereunto affixed
pursuant to Section 6107 of the `
Public Resources Code of the State
of California. Given under my hand
at the Ci�y of Sacram to, this,
the AO t L day of F
in the year of our Lo d on thousand
nine hundred and si- _ seven.
Attest:
Governor a—of State
-4-
{�� ' °„�.•�rs� -• f i cif it.�� Ll_.if��- �- �«�,w....a
Secretary of State
`7c )uty Secretary of Statp
W. o. 6566
B.L.A. 90
11
12
1J
14
15
16
17
a>;
19
20
21
22
23
24
25
25
27
28
29
30
31
CITY OF SEAL BEACH, a municipal corporation
by
Date of Signature I LEE'RISNER, City Manager
STATE OF CALIFORNIA )
) ssi
COUNTY OF ORANGE 1
On \` }Z -� �, J, 1967, before me, the undersigned, a Notary Public in
and for the County of Orange, State of California, personally appeared
LEE RISNER, known to me to be the City Manager of the City of Seal Beach; and
known to rle to be the person who executed the within Instrument on behalf of
said City of Seal Beach, and acknowledged to me that said municipal corpora-
tion executed the within Instrument pursuant to its Charter, Resolutions,
Ordinances and applicable State law.
IN WITNESS F/HEREOF, I have hereunto set my hand and affixed my official
seal on the day and year in this certificate first above written.
,..........`...o, ,,,,,,,,,,,,,,,,,,,,,,, ..... .. ..,
OFFICIAL SEAL.,,,,.
LOLITA L. TH01VIAS
�.
W
NOTARY PUBLIC - CAL11-ORNIA
PRINCIPAL GFFIL E- iPJ-_.
. .......................................................
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CITY OF SEAL BEACH, a municipal corporation
by
Date of Signature I LEE'RISNER, City Manager
STATE OF CALIFORNIA )
) ssi
COUNTY OF ORANGE 1
On \` }Z -� �, J, 1967, before me, the undersigned, a Notary Public in
and for the County of Orange, State of California, personally appeared
LEE RISNER, known to me to be the City Manager of the City of Seal Beach; and
known to rle to be the person who executed the within Instrument on behalf of
said City of Seal Beach, and acknowledged to me that said municipal corpora-
tion executed the within Instrument pursuant to its Charter, Resolutions,
Ordinances and applicable State law.
IN WITNESS F/HEREOF, I have hereunto set my hand and affixed my official
seal on the day and year in this certificate first above written.
,..........`...o, ,,,,,,,,,,,,,,,,,,,,,,, ..... .. ..,
OFFICIAL SEAL.,,,,.
LOLITA L. TH01VIAS
�.
NOTARY PUBLIC - CAL11-ORNIA
PRINCIPAL GFFIL E- iPJ-_.
. .......................................................
ORANGE COUNTY
..............................'
JUL 11 1967 , 1967
Date of Signature
JUL 11 1967 , 1967
Date of Signature
Notary Public in and for the County
of Orange, State of California
LOLITA L. THOMAS
My Commission Expires April 12, 1969
DEPARTMENT OF WATER AND , POWER OF THE CITj�
OF LOS ANGELES, on behalf of the CITY OFD+
LOS ANGELES, a municipal corporation.
By: City of Los Angeles Board of Water
and Power Commissioners
Attes
siden
STATE OF CALIFORNIA
) ss: °+
COUNTY OF LOS ANGELES ) ,
On /i , 1967, before me, the undersigned, a Notary Public in
and for �`!I@ ;yA oil Angeles, State of California, personally appeared
M.
known to me to be the President and Secretary of
the City of os Ange a hard of Water and Power Commissioners and known t ame
to be the persons who executed the within Instrument on behalf of said Cit fl�_ o z
Los Angeles, 'and acknowledged to me that said municipal corporation execut LLJx z N
the within Isistrumen., pursuant to its Charter and applicable State law. z U_ W �
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my offici
seal on the day and year in this certificate first above written.
anocy
r*PRIV ka iv
EQSGR PubliC in and f the County
of Los Angeles, State of California
ID ;pjlj rills Al'.' 1Cy
ALICE R. MAUTHE -
My commission expires Apr. 15, 1971
w. o. 6566
B.L.A. 90
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I
MINUTE ITEM 6/22/67
42. BOUNDARY LINE AGREEMENT ALONG SHORE OF PACIFIC OCEAN tiJITH THE CITY OF SEAL
BEACH AND THE DEPARTMEPIT OF WATER AND POWER OF T11E- CITY OF LOS -ANGELES IN THE
• CITY OF SEAL BEACH, ORANGE COUNTY •- W.O. 6566, B.L.A. 90.
After consideration of Calendar Item 43 attached, and upon motion duly made
• and carried; the following resolution was adopted:
THE EXECUTIVE OFFICER IS AUTHORIZED TO EXECUTE A BOUNDARY LIME AGREEMENT
BETWEEN THE CITY OF SEAL BEACH AMID THE DEPARTMENT OF WATER AND POWER OF THE
,CITY OF LOS ANGELES AND THE STATE OF CALIFORNIA, COPY OF WHICIi IS ATTACHED
AS EXHIBIT "B" AND HEREBY MADE A PART HEREOF, FIXING THE BOUNDARY OF THE
STATE TIDE AND SUBMERGED LANDS ALONG THE PACIFIC OCEAN AND SEAL BEACH, ORANGE
COUNTY.
• Attachment -
Calendar Item 43 (7 pages)
,i
A
71
S
34
u
674
9
A '71-
S 34
CALENDAR ITEM 6/67
43.
AUTHORIZATION FOR THE EXECUTIVE OFFICER TO EXECUTE A BOUNDARY LINE AGREEMENT
ALONG THE SHORE OF THE PACIFIC OCEAN WITH THE CITY OF SEAL BEACIi AND THE
DEPARTMENT OF WATER AND POWER OF THE CITY OF LOS ANGELES IN THE CITY OF SEAL
BEACH, ORANGE COUNTY-- W.O. 6566.
The City of Seal Beach has requested a determination cf the boundary with the
State along the Pacific Ocean in the City of Seal Beach, and the Department
of Water and Power of the-City of Los Angeles has concurred.
The major portion of this area was surveyed by the State Lands Division, and
was approved by the State Lands Commission on November 10, 10,60; the remaining
portion is defined by a bulkhead line.
The aforesaid lines are a compromise of the respective claims in order to
avoid complex and costly litigation and to expedite the leasing of State -owned
land.
The Office of the Attorney General has reviewed and approved -this boundary`'-.
line agreement.
IT IS RECOMMENDED THAT THE COMMISSION AUTHORIZE THE EXECUTIVE OFFICER TO
EXECUTE A BOUNDARY LINE AGREEMENT BETWEEN THE CITY-OF SEAL BEACH AND THE
DEPARTMENT OF WATER AND POWER OF THE CITY OF LOS ANGELES AND THE STATE OF
CALIFORNIA, COPY OF WHICH IS ATTACHED AS EXHIBIT "B" AND HERRBY MADE A PART
HEREOF, FIXING THE BOUNDARY OF THE STATE TIDE AND SUBMERGED LANDS ALONG THE,
PACIFIC OCEAN AND SEAL, BEACH, ORANGE COUNTY. - - - -- - -- - -- - - - -
-- -
Attachment: Exhibit "A"
.1
675
•
EXHIBIT "B"
BOUNDARY AGREEMENT
W.O. 6566
TIiIS BOUNDARY AGREEMENT, made and entered into by and between STATE
OF CALIFORNIA, acting by and through the STATE LANDS COMMISSION (as Party of
the First Part, hereinafter referred to as "the State "), the CITY OF.SEAL..
BEACH, a municipal corporation (as Party of the Second Part,'hereinafter
referred to,as "the City "), and DEPARTMENT OF 14ATER AND POWER OF THE CITY.OF
LOS ANGELES, on behalf of the CITY OF LOS ANGELES, a municipal corporation
(hereinafter referred to as "Department of Water and Power ").'
WIT NESSETH:
WHEREAS, the State--by -- virtue of its sovereignty is the owner of
tide and submerged lands along the ocean front of-"the City of Seal Beach,
California;
WHEREAS, the City and Department of Water and -Power are the owners
of the uplands abutting the aforementioned ocean front;,
WHEREAS, the line of ordinary high tide of the Pacific Ocean is
'the seaward boundary of the lands owned by the City and Department of Water
and Power, and is the landward boundary of the lands of the State;
- - - -- WHEREAS, the line of mean high tide of the Pacific Ocean, as the
same may have existed in its last natural state, has been affected and con-
'• -
trolled by artificial processes, and there is substantial doubt and uncertainty
as to the last natural location thereof and, consequently, the true boundary
between the lands of the State, and the City and Department of Water and
Power is uncertain and in doubt;
WHEREAS, the State Lands Commission, pursuant to Section 6357 of
the Public Resources Code: ,
-2- 676
EXHTBTT "B" (CONTD. )
"...may establish the ordinary highwater mark. %.of tide and
submerged lands of.this State, by agreement, arbitration, or
action to quiet title, whenever it is deemed expedient or
necessary. ";
W REAS, the State, the City and Department of Water and Power cdn-
sider it expedient and necessary, and in the best interests of the State, the
City-). _Department of Water and Power ari d_the public, to determine, describe and
fix permanently the boundary between the lands belonging to the respective
parties hereto, and forever set at rest any and all questions relating to the
location of the hereinafter described boundary;
NOW, THEREFORE., in o-rk4 r to locate, describe and permanently establish
the true and correct boundary between the lands of -the State, and the City and
Department of Water and*Power, it is agreed as follows that:'
1. Said boundary -line is and shall be located- and - established asp
follows:
Beginning at the southeast corner of Tract No. 1 in the City of Seal
_. Beach, County of Orange, State of California, said corner be'ng the
intersection of the northeast line of•Electric Avenue with the southern
line of Seal Way as shown upon the map of said Tract No.l, recorded in
Book 9 of Miscellaneous Maps at Page 1, Orange County Records; thence
continuing westerly along the southern line of Seal Way as Bhown upon -
said map to the western boundary of Tract No. 1; thence northwesterly
from said point in a direct line 3,584.36 feet more or less to an inter-
section with the southwesterly prolongation of the centerline of Third
Street in the City of Seal Beach as said street is shown upon the map
of Tract No. 21 recorded in Book 9 of Miscellaneous Maps, records of
_3-
677
i
EXHIBIT "B" (CONTD.)
said county, at a point located 255.5 feet southwesterly from the
southwest line of Ocean Blvd.; thence continuing northwesterly along a
prolongation of the foregoing course 590.18 feet more or less to the
intersection with southwesterly prolongation of the southeasterly line
of First Street (60 feet wide) as shown upon the map of Bay City, recorded
in Book 3 of Miscellaneous Maps at page 19; thence northeasterly along
said line of First Street to a point distant 273.93 feet southwesterly-
from the southwest line of Ocean Blvd.; thence N. 580 54' W., 55.32
feet; thence N. 22° 51' W-, 366.64 feet; thence N. 240 31' E., 78.78
feet more or less to a point on the southwest line of Ocean Blvd.; as
shown upon said map of Bay•City, distant 362.19 feet measured along
said line-of Ocean Blvd., from the intersection with the southwesterly
prolongation of the southeasterly line of First Street.
Bearings used in this description have the same basis as those
shown upon the above - mentioned map of Bay City.
The above - described line is shown on the attached map incorporated
herein by reference.
2. It is the intent of the parties hereto that the aforedescribed
boundary line shall -be permanent and fixed and not subject to change by reason - - --
of erosion or. accretion.
3. This agreement shall be effective when signed by all the parties
hereto and shall be binddng upon and inure to the benefit of the successors
and assigns of the parties hereto.
4. ,It is expressly understood by all parties hereto that the pro-
visions set forth in this agreement have been determined for purposes of
compromising and settling the boundary of the lands of the parties hereto.
4 678
n
• EXHIBIT "B" (CONrD. ) .
The boundary line shall not constitute any admission, nor is it to be construed
as any expression on the part of any party executing this agreement, except as
betty• en the parties hereto.
IN WITNESS WHEREOF) each party hereto.has caused this agreement to
be executed.
• STATE OF CALIFORNIA
- - -- - - - - -__
_---_-__acting by and through -- --
STATE LANDS COMMISSION
1967 By
Date of Signature F. J. HORTIG
Executive Officer
STATE OF CALIFORNIA
COUNTY OF )
On , 1967, before me, the undersigned, a Notary Public
in and for said State, with principal office in County,
personally appeared F. J. HORTIG, known to me to be -the Executive Officer of
the STATE LANDS COMMISSION, STATE OF CALIFORNIA, the Commission that executed
the within Instrument, known to me to be the.person who executed the within
Instrument on behalf of the Commission therein named, and acknowledged to me
that such Commission executed the within Instrument pursuant to a resolution
of -its Commissioners.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal-on the day and year in this certificate first above written.
Notary Public in and for the County
of Los •Angeles, . State of California
-5-
679
. i.
.-
EXHIBIT "B" (CONTD.)
IN APPROVAL WHEREOF, I,
4 '
RONALD REAGAN
• Governor of the State of
California have set my hand and
caused the Seal of the State of
California to be hereunto affixed
pursuant to Section 6107 of the
Public Resources Code of the State
of California. Given under my hand r '
at the City of Sacramento, this,
the day of
• in the year of our. Lord one thousand
nine hundred and sixty - seven.
Attest-,
Governor of State Secretary of State
CITY OF SEAL BEACH, a municipal
corporation
1967 By '
Date of Signature LEE RISNER, City Manager-
STATE OF CALIFORNIA)
ss:
COUNTY OF ORANGE )
On , 19672 before me, the undersigned, a Notary Public
in and for the County of Orange, State of California, personally. appeared
LEE RISNER, known to me to be the City Manager of the City of Seal Beach, and
known to me to be the person who executed the *ithin instrument on behalf of
said City of Seal Beach, and acknowledged to me that said municipal corporation
executed the within instrument pursuant to its Charter, Resolutions, Ordinances
and applicable State law.
IN WITNESS'WHEREOF, I have hereunto set my hand and affixed my official
seal on the day and year in this certificate first above written.
Notary Public in and for the Counf.y
of Orange, State of California
68o
- - - -- - - -- ------ - - - - --
r
EXHIBIT "B" (COM.M. )
DEPARTMETU OF WATER AND POWER OF THE
CITY OF LOS ANGELES, on behalf of the
CITY OF LOS ANGELES, a municipal corporation.
By: City of Los Angeles Board of
Water and Power Commissioners
1967
Date of Signature President'
Attested by:
1967
Date of Signature Secretary of Said Board
STATE OF CALIFORNIA ) ---~
) ss:
COUNTY OF LOS ANGELES)
On , 196'j, before me, the undersigned, a Notary
Public in and for the County of Los Angeles, State of California, personally
appeared known to me -to be the President and
Secretary of tie City of Los Ange es Board of Water and Power Commissioners -
and known to me to be the persons who executed the within instrument on behalf
of said City of Los Angeles, and acknowledged to me that said municipal
corporation executed the within instrument pursuant to its Charter and appli-
cable State law.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal on the day and year in this certificate first -above written.
Notary PubVLc in and for the County
of Los Angeles, State of California
-7- 681
�sc SS r r -, ,p7 77 _L8
BE IT t-licat, the ofZawe on bahvilf Of the
fl �_.., m- ........ �.«.- ..M..,.....v..�_....... -.."sue
Sta'Ue T.c7?i dS k C% iE;i?]_:3sion a�' ?f'.j. r+.'.ha City of Seal D ;. ch '%ti) i:i x
a Portion 6f the of the nar Y• �. 1 q � 1
Beach Steam Plan. �:_ � €� � e.3 ShON-Ya _]tl rt:=:p c2tt, :: t: had ,o the
proposed .-., agt.c_e-.�ii.nb3i» nv +F> in tasa hak1t:I:a o:s Z:ha SacS:et_ ?Y.'1T of
this 1uCtairdy by and i!7Z�:i7
ill sa rl La�tre. a:`s? ' t bp F,�B'l.G� i is !1� .C�'-�+� i %i: C:aplc-_d and''
= purr —ved ; ai.-O that t1 he clg rao ci3:: be "' `'
6'd3lf of tiles s: ?v7e�.C`t.?ti3::irr :s.z.d Thle, C11.1- y 0 Xa TC? €i t'%stC1�
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of this a'iCJi:rd be and C.a23y ,��G }'L��.^ p3�' ii!Lse�'ii'�3,ro�?C� to
_'a:r clite
for �rld �2:�f o De-p a ! evad
�1r�.", � ,7�zP �.� irA, is {:£Xa:� 't 23 w? d is �'a A-z 1. era a 'u. .id
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�ai`.'d. Pciv" ::5' ri3a►::i�. 9 ��:t,Q:?���:� of The '-'it i o:.' ! os t }' ",!... - .e. ., s
�>.. %= `s°:.: :s" c:4 3. tau
meeting hale! JUL 11 1967
n
GERTMEiD COPY
" ".
RESOLUTION NO._L rCr
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH, CALIFORNIA, A CHARTER CITY,
AUTHORIZING THE - CITY MANAGER TO EXECUTE ON BEHALF
OF THE CITY A BOUNDARY LINE AGREEMENT WITH THE
STATE OF CALIFORNIA.
WHEREAS, the line of mean high water of the Pacific Ocean, as it
last existed—in a natural state, has been affected by articificial means,
and there may be uncertainty as to said line of mean high water; and
WHEREAS, it is desirable to determine and fix the'line of mean high
water and thereby define the boundary line of such interests in property
that the State of California and the City of Seal Beach may have adja-
cent to the Pacific Ocean; and _
WHEREAS, the City of Seal Beach and the State of California
cooperated in determining such boundary line in 1950, and the City
Council finds that it is in the best interests of the citizens and tax-
payers of the City of Seal Beach to fix permanently said boundary by
an agreement pursuant to law;
,NOW, THEREFORE, THE CITY COUNCIL OF THE CITY -OF SEAL BEACH, CALIFORNIA,
a municipal corporation and a charter city, does hereby resolve as
follows: -
Section 1. The City Manager is authorized to execute on behalf
of-the City of Seal Beach, a boundary agreement by and between the
State of California, acting by and through the State Lands Coininission,
the Department of Water and Power, on behalf of the City of Los Angeles,
and the City of Seal Beach, a municipal corporation and charter city,
definjng and fixing the boundary and line of ordinary high water mark
generally as follows;
Beginning at the southeast corner of Tract No. 1 in the City of
Seal Beach, County of Orange, State of California, said corner being - "-
the intersection of the northeast line of Electric Avenue with the.
southern line of Seal Way as shown upon tlje map of said Tract No. 1,
recorded in-Book 9 of Miscellaneous Maps at Page 1, Orange County
Records; thence continuing westerly along the southern line of Seal_ Way
as shown upon said map to the western boundary of Tract No.l; thence
northwesterly from said point in a direct line 3,584.36 feet more or
less to an intersection with the southwesterly prolongation of the
centerline of Third Street in the City of Seal Beach as said street is
shown upon the.map of Tract No. 2, recorded in Book 9 of Miscellaneous_
Maps, records of said county, at a point located 255.5 feet south-
westerly from the southwest line of Ocean Blvd.; thence continuing
northwesterly along a prolongation of the foregoing course 590.18 feet
more or less to the intersection with southwesterly'prolongation • of
the southeasterly line,of First Street (60 feet Evide) as shown upon
the map of Bay City, recorded in Book 3•of Miscellaneous Maps at Page
19; thence northeasterly along said line of First Street to a point
distant 273.93 feet southwesterly from the southwest line of Ocean
7
Blvd.; thence N.. 580 54' W., 55.32 feet; thence N.. 220 51' W.,
366.64 feet; thence N. 240 31' E., 78.78 feet more or less to a point
on the-southwest line of Ocean Blvd.; as sho,.=n upon said map of
Bay City, distant 362.19 feet measured along said-line of Ocean Blvd.,-'
from the intersection with the southwesterly prolongation of the
southeasterly line of First Street.
Bearings used in this description have the same basis as those shown
upon the above mentioned map of Bay City.
PASSED, APPROVED, AND ADOPTED by the City Council -of the - Cit -of.
Seal Beach at a meeting thereof held on the , r//c day of
1967. - - -
- - - - - -- - - - -- - : - - Mayo
ATTEST:
.. -�F, +1a r- it ^ ?:.r - ...ri -n ^.,'T °R;?4'.�rr�. .G;.�- .- Ka ^r:.r; a �:+-^y.c. ..vr�a -e•
- .. _ . - -. .- -, R+•.cT... -... �:r.�;y.i.,..- ...r "';e..�.: °a'a.�,r'•, i-wY: _C^c- ,r:�^'-': ""- ;•':4T-6•;rati. a.rSY _
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
- - -- -- -- - - - -- -- - - - - - -- - - - -- - - - -- - - - - -- - - -- - -
CITY OF SEAL BEACH ) =
I, F. W. Hickman, City Clerk and.ex- officio clerk of the City Council,.
hereby certify that the foregoing resolution was passed, approved, and -
adopted by the City Council of the City of Seal Beach at:•a meeting - - --
• thereof held on the 5th day of June, 1967, by the following vote:' _
AYES: Councilmen Hamilton, Dre•is, Gummere Ili
NOES: Councilmen None
ABSENT: Councilmen Anderson, Gemmill =
City Clerk
I
._.7 - -- - - -• - -- - - .... — I -
i
COPY
• RESOLUTION NO. /55• • ?
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
-- -- SEAL BEACH,, CALIFORNIA, A CHARTER CITY, AUrHORIZ-
ING A1`4D DIRECTING THE RECORDATION OF AN AGREEMENT
BETWEEN THE CITY OF SEAL BEACH AND THE STATE OF
CALIFORNIA DETERMINING AND FIXING BOUNDARY LINES.
WHEREAS, the City of Seal Beach, by Resolutibn Number-1555,
adopted on June 5, 1967, authorized the execution of a boundary line
agreement between the City of- Seal Beach and the State of California
— ^" determining and fixing the boundary and line of ordinary izigh.wate'r
mark;
- " - -- NOW, THEREFORE, be it resolved by the City Council -of the City of
Seal Beach as follows:
Section I. The City Clerk of the City of Seal Beach'is hereby
authorized and directed to- record with the County Recorder of Orange
County the BOUNDARY AGREEMENT dated J'sly 14, 1967, and authorized by
Resolution Number 1555.
PASSED, APPROVED, AND ADOPTED BY THE CITY''COUNCIL OF THE CITY OF
SEAL BEACH at a meeting the_ reof held on the 7th d_a_y_o_f_ Au&st, 1967,
by the following vote:
-
AYES: Councilmen
l��'
i
NOES: Councilmen `" C4 f
ABSENT:. Councilmen ice- ' {
- ayor -
ATTEST:
City Clerk
I-.,
i
i
CG c324,D 'F7.Ct 392
RESOLUTION NO,.. /f ~�'.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH, CALIFORNIA A C[iARTER CITY, AUTHORIZ-
ING AND DIRECTING THE RECORDATION OF A LEASE
BETWEEN - THE 'CITE' OF SEAT, BEACH _ARID THE STATE OF
CALIFORNIA FOR USE OF CERTAIN STATE -OWNED TIDE
AND SUBMERGED LANDS,
WIiEREAS, the City of Seal Beach, by Resolution Number 1556,,
- - -- adopted on June 5, 1967, authorized the execution of a lease between
the City of Seal Beach and the State of California for use of certain
state -owned tide and submerged lands within the City's corporate
boundaries.:
NOW, THEREFORE, be it resolved by
of Seal Beach as follows: '
Section 1. The City Clerk of the
authorized and 'directed t-o.record with
County the TIDELAII.DS LEASE dared July
Resolution Plumber 1556.
the Gi.ty Council of the City
City of Seal Beach is hereby
the County Recorder of Orange
10, 1957, and authorized by
PASSED, APPROVED, AND ADOPTED by the City Council of the City of .
Seal Beach at a meeting thereof held on the 7th day of August, 1967,
by the following vote: _ --
AYES.: Councllmeil �'- if 1, r �. _.:_r •i t t�'.�.' ' %i� -z..�� 1� /�i �_�_F
F
NOES: Councilmen
ABSENT: Cou6cilmei:
ATTEST: /
Ci--y Clerk
t