BILL NUMBER: SB 428	ENROLLED
	BILL TEXT

	PASSED THE SENATE  APRIL 16, 2009
	PASSED THE ASSEMBLY  JULY 9, 2009

INTRODUCED BY   Senator Kehoe
   (Coauthors: Assembly Members Fletcher and Saldana)

                        FEBRUARY 26, 2009

   An act to amend Section 1 of Chapter 937 of the Statutes of 1931,
relating to tide and submerged lands.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 428, Kehoe. Tide and submerged lands: San Diego.
   Existing law grants to the City of San Diego all of the right,
title, and interest of the state in and to a specified portion of the
tide and submerged lands bordering on and situated below the
ordinary high water mark of the Pacific Ocean, to be held by the City
of San Diego and its successors in trust for specified uses and
purposes pursuant to specified conditions, including that those tide
and submerged lands are required to be devoted exclusively to public
park, bathing pool for children, parkway, highway, playground, and
recreational purposes, and for other uses that may be incidental to,
or convenient for, the full enjoyment of those purposes.
   This bill would include in that list of uses and purposes a marine
mammal park for the enjoyment and educational benefit of children.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1 of Chapter 937 of the Statutes of 1931 is
amended to read:
  Section 1.  There is hereby granted to the City of San Diego,
County of San Diego, all the right, title, and interest of the State
of California, held by said state by virtue of its sovereignty, in
and to all that portion of the tide and submerged lands bordering
upon and situated below the ordinary high water mark of the Pacific
Ocean described as follows:
   Beginning at the intersection of the ordinary high water mark of
the Pacific Ocean with a line bearing S. 87* 40' W. from the monument
marking the intersection of Coast Boulevard South with Jenner Street
as said monument, said Coast Boulevard South, and said Jenner Street
are designated and shown on that certain map entitled "Seaside
subdivision number 1712" and filed June 23, 1920, in the office of
the county recorder of San Diego County, State of California; thence
N. 350', thence E. 300', thence S. 185' more or less to the ordinary
high water mark of the Pacific Ocean, thence in a general
southwesterly direction along the ordinary high water mark of the
Pacific Ocean to the point of beginning, all in the Pacific Ocean,
State of California, to be forever held by said City of San Diego and
its successors in trust for the uses and purposes and upon the
express conditions following, to wit:
   (a) That said lands shall be devoted exclusively to public park,
marine mammal park for the enjoyment and educational benefit of
children, bathing pool for children, parkway, highway, playground and
recreational purposes, and to such other uses as may be incident to,
or convenient for the full enjoyment of such purposes.
   (b) The absolute right to fish in the waters of the Pacific Ocean
over said tidelands or submerged lands, with the right of convenient
access to said waters over said lands for said purpose is hereby
reserved to the people of the State of California.
   (c) That there is excepted and reserved to the State of California
all deposits of minerals, including oil and gas, in said land, and
to the State of California, or persons authorized by the State of
California, the right to prospect for, mine, and remove such deposits
from said land.