BILL NUMBER: SB 1577	INTRODUCED
	BILL TEXT


INTRODUCED BY   Committee on Natural Resources and Water (Senators
Pavley (Chair), Cannella, Evans, Fuller, Kehoe, La Malfa, Padilla,
Simitian, and Wolk)

                        MARCH 19, 2012

   An act to add Section 5.6 to Chapter 74 of the Statutes of 1978,
relating to public trust lands.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1577, as introduced, Committee on Natural Resources and Water.
Public trust lands: City of Newport Beach.
   Existing law grants to the City of Newport Beach all tide and
submerged lands, whether filled or unfilled, bordering upon and under
the Pacific Ocean or Newport Bay, as described, subject to specified
conditions.
   This bill would grant and convey in trust to the City of Newport
Beach in the County of Orange all the right, title, and interest of
the State of California, subject to the city's statutory trust,
acquired and held by the state pursuant to a specified agreement
approved by the State Lands Commission, as described.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 5.6 is added to Chapter 74 of the Statutes of
1978, to read:
  SEC. 5.6.  (a) There is hereby granted and conveyed in trust to the
City of Newport Beach in the County of Orange all the right, title,
and interest of the State of California, subject to the city's
statutory trust, acquired and held by the state pursuant to the
agreement that was approved as Calendar Item 73 of the September 1,
2011, State Lands Commission meeting, and which is further described
as follows:
   A PARCEL OF FILLED TIDE AND SUBMERGED LAND AND A PORTION OF SWAMP
AND OVERFLOWED LANDS LOCATION NUMBER 3089 PATENT TO JAMES McFADDEN ON
MAY 16, 1892, SITUATE IN THE CITY OF NEWPORT BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS DESCRIBED AS FOLLOWS:
   BEGINNING AT THE INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF
15TH STREET (100 FEET WIDE) AND THE UNITED STATES GOVERNMENT
BULKHEAD LINE BETWEEN STATION NUMBER 118 AND STATION NUMBER 119, AS
SHOWN ON THE MAP ENTITLED "HARBOR LINES --NEWPORT BAY, NEWPORT BEACH,
CALIFORNIA," DATED MARCH 20, 1936, FILE NUMBER 958, APPROVED BY THE
UNITED STATES SECRETARY OF WAR ON MAY 2, 1936, A COPY OF WHICH IS ON
FILE IN THE OFFICES OF THE COASTAL PROJECTS SECTION, ENGINEERING
DIVISION, UNITED STATES ARMY CORPS OF ENGINEERS, LOS ANGELES
DISTRICT; THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE SOUTH 10  40'
10" WEST 109.82 FEET TO A POINT WHICH IS 160.00 FEET NORTHERLY FROM
THE NORTHEASTERLY CORNER OF LOT 4, BLOCK 115 OF TRACT NO. 234 AS PER
MAP FILED IN BOOK 13, PAGES 36 AND 37 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF SAID COUNTY RECORDER; THENCE NORTH 79  20'30" WEST 146.30
FEET; THENCE SOUTH 10  39'30" WEST 140.00 FEET TO A LINE PARALLEL
WITH AND 20.00 FEET NORTH OF THE NORTHERLY LINE OF SAID BLOCK 115;
THENCE ALONG SAID PARALLEL LINE NORTH 79  20'30" WEST 165.12 FEET TO
THE NORTHEAST CORNER OF THE LAND DESCRIBED IN THE CITY OF NEWPORT
BEACH RESOLUTION NO. 4532, RESOLUTION ORDERING VACATION, RECORDED
AUGUST 20, 1956, IN BOOK 3618, PAGE 210 OFFICIAL RECORDS, IN THE
OFFICE OF SAID COUNTY RECORDER; THENCE ALONG THE EASTERLY LINE OF
SAID LAND DESCRIBED IN SAID DEED SOUTH 10  39'12" WEST 20.00 FEET TO
THE NORTHERLY LINE OF SAID BLOCK 115; THENCE ALONG SAID NORTHERLY
LINE SOUTH 79 20'30" EAST 20.00 FEET TO THE NORTHWEST CORNER OF LOT
10, BLOCK 115 OF SAID TRACT NO. 234; THENCE ALONG THE WESTERLY LINE
OF SAID LOT 10 SOUTH 10  39'12" WEST 99.79 FEET TO THE NORTHERLY
RIGHT OF WAY LINE OF BALBOA BOULEVARD (100 FEET WIDE); THENCE ALONG
SAID NORTHERLY RIGHT OF WAY LINE NORTH 79  19'20" WEST 128.80 FEET TO
THE CENTERLINE OF 16TH STREET (40 FEET WIDE, PORTION NOW ABANDONED);
THENCE ALONG SAID CENTERLINE NORTH 10  38'49" EAST 70.87 FEET;
THENCE NORTH 79  15'11" WEST 236.74 FEET; THENCE NORTH 10  44'49"
EAST 199.43 FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 168.54 FEET, A RADIAL BEARING TO
SAID CURVE BEARS NORTH 15  20'21" EAST; THENCE SOUTHWESTERLY 143.27
FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48  42'13" TO THE
BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS
OF 373.41 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 33  21'52"
WEST; THENCE SOUTHWESTERLY 79.01 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 12  07'24" TO THE BEGINNING OF A COMPOUND CURVE
CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 239.54 FEET, A RADIAL
BEARING TO SAID POINT BEARS NORTH 45  29'16" WEST; THENCE
SOUTHWESTERLY 94.65 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
22  38'22" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY
HAVING A RADIUS OF 113.22 FEET, A RADIAL BEARING TO SAID CURVE BEARS
NORTH 68  07'38" WEST; THENCE SOUTHWESTERLY 22.09 FEET ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 11  10'47"; THENCE SOUTH 10  41'35"
WEST 54.92 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF BALBOA
BOULEVARD; THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE NORTH 79  22'
58" WEST 225.76 FEET; THENCE NORTH 10  37'02" EAST 219.64 FEET TO THE
BEGINNING OF A NONTANGENT CURVE CONCAVE NORTHEASTERLY HAVING A
RADIUS OF 52.74 FEET, A RADIAL BEARING TO SAID CURVE BEARS SOUTH 15
22'54" WEST; THENCE NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY 93.91
FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 102  01'22" TO A
POINT OF CUSP WITH A NONTANGENT CURVE CONCAVE NORTHEASTERLY HAVING A
RADIUS OF 72.54 FEET, A RADIAL BEARING TO SAID CURVE BEARS SOUTH 00
47'02" EAST; THENCE NORTHWESTERLY 42.46 FEET ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 33  31'53" TO THE BEGINNING OF A REVERSE CURVE
CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 72.01 FEET, A RADIAL BEARING
THROUGH SAID POINT BEARS NORTH 32  44'52" EAST; THENCE SOUTHWESTERLY
54.01 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 42  58'25" TO
THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY HAVING A
RADIUS OF 81.24 FEET, A RADIAL BEARING THROUGH SAID POINT BEARS SOUTH
10  13'33" EAST; THENCE SOUTHWESTERLY 38.37 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 27  03'38" TO THE SOUTHEASTERLY RIGHT OF
WAY LINE OF 18TH STREET (40 FEET WIDE); THENCE ALONG SAID
SOUTHEASTERLY RIGHT OF WAY LINE NORTH 10  36'36" EAST 82.47 FEET TO
SAID U.S. BULKHEAD LINE; THENCE ALONG SAID BULKHEAD LINE SOUTH 79  22'
11" EAST 1280.68 FEET TO THE POINT OF BEGINNING CONTAINING 6.958
ACRES, MORE OR LESS.
   (b) There is hereby granted, conveyed, and confirmed in trust to
the City of Newport Beach in the County of Orange all the right,
title, and interest of the State of California, subject to the city's
statutory trust, those lands quieted in the City of Newport Beach,
as trustee, and located waterward of the ordinary high tide line
between 18th and 19th Streets, as permanently fixed in SCC #40434,
filed April 17, 1942, Orange County Recorder's Book 1145, page 172.
   (c) The lease of the lands described in subdivision (a), from the
State Lands Commission to the city shall terminate on January 1,
2013.
   (d) The city shall hold, operate, and manage, in trust for the
benefit of the statewide public, the public trust lands described in
subdivisions (a) and (b) in accordance with the common law public
trust doctrine and the terms, trusts, and conditions set forth in
Chapter 78 of the Statutes of 1978, as amended by Chapter 728 of the
Statutes of 1994, Chapter 317 of the Statutes of 1997, Chapter 745 of
the Statutes of 2001, and Chapter 361 of the Statutes of 2004.