BILL NUMBER: SB 1577 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 21, 2012
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 amend Sections 523, 525, and 526 of the Harbors and
Navigation Code, and to add Section 5.6 to Chapter 74 of the
Statutes of 1978, relating to public trust lands
resources .
LEGISLATIVE COUNSEL'S DIGEST
SB 1577, as amended, Committee on Natural Resources and Water.
Public trust lands: City of Newport Beach.
Resources: vessels: removal: public trust lands: City of Newport
Beach.
(1) Existing law authorizes any peace officer, as described, or
any lifeguard or marine safety officer employed by a county, city, or
district, while engaged in the performance of official duties, to
remove and, if necessary, store a vessel, as defined, removed from a
public waterway under specified circumstances. Existing law specifies
one of those circumstances is that the officer arrests a person
operating or in control of the vessel for an alleged offense and the
officer is, by other provisions of law, required to take, and does
take, the person arrested before a magistrate without unnecessary
delay. The public entity may recover the costs incurred in removing a
vessel under this provision through an action in the court.
This bill would specify that the removal and storage may be taken
as an immediate action and without notice. The bill would delete the
condition, under that specified circumstance, that the officer is
required to take, and takes, the person before a magistrate. The bill
would allow the costs incurred by a public entity also to be
recovered through the use of any available administrative remedy.
(2) Existing law makes it an infraction, with a minimum $1,000
fine, and maximum $3,000 fine, for a person to abandon a vessel upon
a public waterway or public or private property, as specified, and
provides that 80% of the moneys collected as fines be deposited in
the Abandoned Watercraft Abatement Fund. Upon appropriation by the
Legislature, moneys in the fund may be used for specified grants and
other purposes. Existing law prohibits, until January 1, 2014, the
state from assuming liability for any injuries or damages to a person
or entity, public or private, connected to or resulting from the
processing or disposal of a surrendered vessel.
This bill would additionally authorize the money to be expended by
the Department of Boating and Waterways for removal of abandoned
vessels and other navigational hazards. The bill would revise the
prohibition against assuming liability provision to also prohibit any
city, county, or special district or any designated agent or
employee thereof and to apply to any injuries or damages to a person
or entity, connected to or resulting from the nonremoval, removal,
processing, or disposal of abandoned property, wrecked or dismantled
vessels, the parts thereof, or any other partially submerged objects
that pose a hazard to navigation. The bill would similarly revise
these provisions as they apply to a surrendered vessel, until January
1, 2014.
(3) Existing law authorizes a public agency to sell or otherwise
dispose of wrecked property that is an unseaworthy derelict or hulk,
or abandoned property, removed from a navigable waterway, as
specified, subject to specified conditions, including that the
property has been appraised by disinterested persons as having an
estimated value of less than $2,000, and that not less than 72 hours
before the property was removed, a notice was attached. Existing law
requires the notice of removal to include specified information,
including the right of the registered or legal owner to request a
hearing, which is required to be conducted in a specified manner. The
proceeds of any sale are required to be deposited in the Abandoned
Watercraft Abatement Fund, for providing grants to local agencies.
This bill would delete all of the specified conditions necessary
for a public agency to sale or dispose of the wrecked or abandoned
property and would instead allow a public agency to take title to
abandoned property for the sole purpose of abatement, without
assuming any liability, and without satisfying any lien on the
property, and to cause the property to be sold, destroyed, or
otherwise disposed of in any manner it determines is expedient or
convenient. The public agency would be required to use reasonable
means to identify and locate the owner and any lienholder and to
provide notice, as specified. The bill would authorize the public
agency to recover specified costs in a court action or by any
available administrative remedy. The bill would also allow the public
agency, if the abandoned property is sold, to recover its costs from
the proceeds of the sale and to deposit any additional funds into
the Abandoned Watercraft Abatement Fund, which would be authorized to
be expended for removal and disposal actions and other purposes,
including, until January 1, 2014, with regard to surrendered vessels.
Existing
(4) 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 523 of the Harbors
and Navigation Code is amended to read:
523. (a) Any peace officer, as described in Section 663, or any
lifeguard or marine safety officer employed by a county, city, or
special district while engaged in the performance of
official duties, may take immediate action, wit hout
notice, to remove a vessel , and, if necessary,
store a vessel removed , from a public waterway under any
of the following circumstances:
(1) When the vessel is left unattended and is moored, docked,
beached, or made fast to land in a position that obstructs the normal
movement of traffic or in a condition that creates a hazard to other
vessels using the waterway, to public safety, or to the property of
another.
(2) When the vessel is found upon a waterway and a report has
previously been made that the vessel has been stolen or a complaint
has been filed and a warrant thereon issued charging that the vessel
has been embezzled.
(3) When the person or persons in charge of the vessel are by
reason of physical injuries or illness incapacitated to an extent as
to be unable to provide for its custody or removal.
(4) When an officer arrests any person operating or in control of
the vessel for an alleged offense , and the officer is, by
any provision of this code or other statute, required or permitted to
take, and does take, the person arrested before a magistrate without
unnecessary delay .
(5) When the vessel interferes with, or otherwise poses a danger
to, navigation or to the public health, safety, or welfare.
(6) When the vessel poses a threat to adjacent wetlands, levies,
sensitive habitat, any protected wildlife species, or water quality.
(7) When a vessel is found or operated upon a waterway with a
registration expiration date in excess of one year before the date on
which it is found or operated on the waterway.
(b) Costs incurred by a public entity pursuant to removal of
vessels under subdivision (a) may be recovered through appropriate
action in the courts of this state or by the use of any
available administrative remedy .
SEC. 2. Section 525 of the Harbors and
Navigation Code , as amended by Section 1 of Chapter 416
of the Statutes of 2009, is amended to read:
525. (a) Except for the urgent and immediate concern for the
safety of those aboard a vessel, a person shall not abandon a vessel
upon a public waterway or public or private property without the
express or implied consent of the owner or person in lawful
possession or control of the property.
(b) The abandonment of a vessel in a manner as provided in
subdivision (a) is prima facie evidence that the last registered
owner of record, not having notified the appropriate registration or
documenting agency of any relinquishment of title or interest
therein, is responsible for the abandonment and is thereby liable for
the cost of the removal and disposition of the vessel.
(c) A violation of this section is an infraction and shall be
punished by a fine of not less than one thousand dollars ($1,000),
nor more than three thousand dollars ($3,000). In addition, the court
may order the defendant to pay to the agency that removes and
disposes of the vessel the actual costs incurred by the agency for
that removal and disposition.
(d) Fines imposed and collected pursuant to this section shall be
allocated as follows:
(1) (A) Eighty percent of the moneys shall be deposited in the
Abandoned Watercraft Abatement Fund, which is hereby created as a
special fund. Moneys in the fund shall be used exclusively, upon
appropriation by the Legislature, by the department for the
removal of abandoned vessels and other navigational hazards, and
for grants to be awarded by the department to local agencies
for the abatement, removal, storage, and disposal as public nuisances
of any abandoned property as described in Section 522 or for the
disposal of surrendered vessels as defined in Section 526.1, wrecked
or dismantled vessels, or parts thereof, or any other partially
submerged objects that pose a substantial hazard to navigation, from
navigable waterways or adjacent public property, or private property
with the landowner's consent. These grants shall not be utilized for
abatement, removal, storage, or disposal of commercial vessels.
(B) In evaluating a grant request submitted by a local agency
pursuant to subparagraph (A), the department shall place great weight
on the following two factors:
(i) The existence of an active local enforcement program to
control and prevent the abandonment of watercraft within the local
agency's jurisdiction.
(ii) The existence of a submerged navigational hazard abatement
plan at the local level that provides for the control or abatement of
water hazards, including, but not limited to, abandoned watercraft,
wrecked watercraft, hazardous floating debris, submerged vessels and
objects, and abandoned piers and pilings.
(C) A grant awarded by the department pursuant to subparagraph (A)
shall be matched by a 10-percent contribution from the local agency
receiving the grant.
(D) As a condition of receiving grant funding pursuant to this
paragraph, a local agency shall report to the department data, as
deemed appropriate by the department, regarding abandoned and
surrendered vessels removed or anticipated for removal pursuant to
this article.
(2) Twenty percent shall be allocated as set forth in Section
1463.001 of the Penal Code.
(e) The state and any city, county, or special district or
any designated agent or employee thereof, shall not assume
liability for any injuries or damages to a person or entity, public
or private, connected to or resulting from the processing or
disposal any of the following:
(1) The nonremoval, removal,
processing, or disposal of abandoned property, wrecked or dismantled
vessels, the parts thereof, or any other partially submerged object
that poses a hazard to navigation.
(2) The nonremoval, removal,
processing, or disposal of a surrendered vessel, as
defined in Section 526.1.
(f) The department may adopt rules and regulations for the purpose
of administering this section.
(g) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 3. Section 525 of the Harbors and
Navigation Code , as added by Section 2 of Chapter 416 of
the Statutes of 2009, is amended to read:
525. (a) Except for the urgent and immediate concern for the
safety of those aboard a vessel, a person shall not abandon a vessel
upon a public waterway or public or private property without the
express or implied consent of the owner or person in lawful
possession or control of the property.
(b) The abandonment of a vessel in a manner as provided in
subdivision (a) is prima facie evidence that the last registered
owner of record, not having notified the appropriate registration or
documenting agency of any relinquishment of title or interest
therein, is responsible for the abandonment and is thereby liable for
the cost of the removal and disposition of the vessel.
(c) A violation of this section is an infraction and shall be
punished by a fine of not less than five hundred dollars ($500), nor
more than three thousand dollars ($3,000). In addition, the court may
order the defendant to pay to the agency that removes and disposes
of the vessel the actual costs incurred by the agency for that
removal and disposition.
(d) Fines imposed and collected pursuant to this section shall be
allocated as follows:
(1) (A) Eighty percent of the moneys shall be deposited in the
Abandoned Watercraft Abatement Fund, which is hereby created as a
special fund. Moneys in the fund shall be used exclusively, upon
appropriation by the Legislature, by the department for removal
of abandoned vessels and other navigational hazards, and for
grants to be awarded by the department to local agencies for the
abatement, removal, storage, and disposal as public nuisances of any
abandoned, wrecked, or dismantled vessels, or parts thereof, or any
other partially submerged objects that pose a substantial hazard to
navigation, from navigable waterways or adjacent public property, or
private property with the landowner's consent. These grants shall not
be utilized for abatement, removal, storage, or disposal of
commercial vessels.
(B) In evaluating a grant request submitted by a local agency
pursuant to subparagraph (A), the department shall place great weight
on the following two factors:
(i) The existence of an active local enforcement program to
control and prevent the abandonment of watercraft within the local
agency's jurisdiction.
(ii) The existence of a submerged navigational hazard abatement
plan at the local level that provides for the control or abatement of
water hazards, including, but not limited to, abandoned watercraft,
wrecked watercraft, hazardous floating debris, submerged vessels and
objects, and abandoned piers and pilings.
(C) A grant awarded by the department pursuant to subparagraph (A)
shall be matched by a 10-percent contribution from the local agency
receiving the grant.
(2) Twenty percent shall be allocated as set forth in Section
1463.001 of the Penal Code.
(e) The state and any city, county, or special district, or any
designated agent or employee thereof, shall not assume liability for
any injuries or damages to a person or entity, public or private,
connected to or resulting from the nonremoval, removal, processing,
or disposal of abandoned property, wrecked or dismantled vessels, the
parts thereof, or any other partially submerged object that poses a
hazard to navigation.
(e)
(f) This section shall become operative on January 1,
2014.
SEC. 4. Section 526 of the Harbors and
Navigation Code , as amended by Section 3 of Chapter 416
of the Statutes of 2009, is amended to read:
526. (a) Notwithstanding any other provision of
law, any wrecked property that is an unseaworthy derelict
or hulk, abandoned property as described in Section 522, or property
removed from a navigable waterway pursuant to Section 523 or 524 that
is an unseaworthy derelict or hulk, may be sold or otherwise
disposed of by the public agency that removed or caused the removal
of the property pursuant to this section , subject to the
following conditions , except a surrendered vessel, as
defined in Section 526.1, may be disposed of immediately upon
acceptance by a public agency and is not subject to the
following conditions: .
(1) The property has been appraised by disinterested persons, and
has an estimated value of less than two thousand dollars ($2,000).
(2) There is no discernable registration, license, hull
identification number, or other identifying insignia on the property,
or the Department of Motor Vehicles is unable to produce any record
of the registered or legal owners or lienholders.
(3) Not less than 72 hours before the property was removed, the
peace officer or authorized public employee securely attached to the
property a distinctive notice stating that the property would be
removed by the public agency.
(4) Within 48 hours after the removal, excluding weekends and
holidays, the public agency that removed or caused the removal of the
property sent notice of the removal to the registered and legal
owners, if known or discovered subsequent to the removal, at their
addresses of record with the Department of Motor Vehicles, and to any
other person known to have an interest in the property. A notice
sent by the public agency shall be sent by certified or first-class
mail.
(5) If the public agency is unable to locate the registered and
legal owners of the property or persons known to have an interest in
the property as provided in paragraph (4), the public agency
published, or caused to be published, the notice of removal for at
least two weeks in succession in one or more daily newspapers
circulated in the county.
(b) The notice of removal required by paragraphs (3) to (5),
inclusive, of subdivision (a) shall state all of the following:
(1) The name, address, and telephone number of the public agency
providing the notice.
(2) A description of the property removed.
(3) The location from which the property is to be or was removed.
(4) The location of the intended or actual place of storage.
(5) The authority and purpose for removal of the property.
(6) A statement that the property may be claimed and recovered
within 15 days of the date the notice of removal was issued pursuant
to paragraph (4) or (5) of subdivision (a), whichever is later, after
payment of any costs incurred by the public agency related to
salvage and storage of the property, and that following the
expiration of the 15-day period, the property will be sold or
otherwise disposed of by the public agency.
(7) A statement that the registered or legal owners or any other
person known to have an interest in the property has the opportunity
for a poststorage hearing before the public agency that removed, or
caused the removal of, the property to determine the validity of the
removal and storage if a request for a hearing is made in person or
in writing to that public agency within 10 days from the date of
notice; that if the registered or legal owners or any other person
known to have an interest in the property disagree with the decision
of the public agency, the decision may be reviewed pursuant to
Section 11523 of the Government Code; and that during the time of the
initial hearing, or during the time the decision is being reviewed
pursuant to Section 11523 of the Government Code, the vessel in
question shall not be sold or otherwise disposed of.
(c) (1) Any requested hearing shall be conducted within 48 hours
of the time the request for a hearing is received by the public
agency, excluding weekends and holidays. The public agency that
removed the vehicle may authorize its own officers or employees to
conduct the hearing, but the hearing officer shall not be the same
person who directed the removal and storage of the property.
(2) The failure of either the registered or legal owners or any
other person known to have an interest in the property to request or
attend a scheduled hearing shall not affect the validity of the
hearing.
(d) The property may be claimed and recovered by its registered
and legal owners, or by any other person known to have an interest in
the property, within 15 days of the date the notice of removal was
issued pursuant to paragraph (4) or (5) of subdivision (a), whichever
is later, after payment of any costs incurred by the public agency
related to salvage and storage of the property.
(e) The property may be sold or otherwise disposed of by the
public agency not less than 15 days from the date the notice of
removal was issued pursuant to paragraph (4) or (5) of subdivision
(a), whichever is later, or the date of actual removal, whichever is
later.
(f) The proceeds from the sale of the property, after deducting
expenses for salvage, storage, sales costs, and any property tax
liens, shall be deposited in the Abandoned Watercraft Abatement Fund
for grants to local agencies, as specified in paragraph (1) of
subdivision (d) of Section 525.
(b) (1) The public agency may take title to abandoned property for
the sole purpose of abatement, without assuming any liability, and
without satisfying any lien on the property, and may cause the
property to be sold, destroyed, or otherwise disposed of in any
manner it determines is expedient or convenient. The title to
property transferred by the public agency by sale or otherwise to
third parties shall be clear of any lien or encumbrance.
(2) Prior to the disposition of abandoned property pursuant to
paragraph (1), the public agency shall use reasonable means to
identify and locate the owner and any lienholder. If the owner is
located, the public agency shall mail notice to the owner to claim
the property by a specified date at least 15 days from the date of
the notice.
(3) If the owner cannot be located or the owner fails to respond
to the mailed notice or fails to claim the property within the time
provided or extended, the public agency may direct disposition of the
property at a properly noticed public meeting, notice of which shall
be given to a known owner and known lienholder and the known owner,
known lienholder, or any interested party shall be given the right to
appear and be heard prior to the disposition of the property.
(c) The public agency's cost of disposing of abandoned property,
including staff time and legal and attorney's fees, may be recovered
by appropriate action in any court in which an action may be properly
brought or by the use of any available administrative remedy.
(d) If the abandoned property is sold, the public agency may
recover its costs from the proceeds of the sale and any additional
funds received shall be deposited into the Abandoned Watercraft
Abatement Fund. These funds shall be used solely for additional
removal and disposal actions under this section or Section 522, 523,
524, 525, or 526.1.
(g)
(e) It is the intent of the Legislature that
this section shall not be construed to authorize the lien sale or
destruction of any seaworthy vessel, other than a surrendered vessel
as defined in Section 526.1, that is currently registered and
operated in accordance with local, state, and federal law.
(h)
(f) This section shall remain in effect only until
January 1, 2014, and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1, 2014, deletes or
extends that date.
SEC. 5. Section 526 of the Harbors and
Navigation Code , as added by Section 4 of Chapter 416 of
the Statutes of 2009, is amended to read:
526. (a) Notwithstanding any other provision of
law, any wrecked property that is an unseaworthy derelict
or hulk, or abandoned property as described in
Section 522, or property removed from a navigable waterway
pursuant to Section 523 or 524 that is an unseaworthy derelict or
hulk, may be sold or otherwise disposed of by the public agency that
removed or caused the removal of the property pursuant to this
section , subject to the following conditions:
.
(1) The property has been appraised by disinterested persons, and
has an estimated value of less than two thousand dollars ($2,000).
(2) There is no discernable registration, license, hull
identification number, or other identifying insignia on the property,
or the Department of Motor Vehicles is unable to produce any record
of the registered or legal owners or lienholders.
(3) Not less than 72 hours before the property was removed, the
peace officer or authorized public employee securely attached to the
property a distinctive notice stating that the property would be
removed by the public agency.
(4) Within 48 hours after the removal, excluding weekends and
holidays, the public agency that removed or caused the removal of the
property sent notice of the removal to the registered and legal
owners, if known or discovered subsequent to the removal, at their
addresses of record with the Department of Motor Vehicles, and to any
other person known to have an interest in the property. A notice
sent by the public agency shall be sent by certified or first-class
mail.
(5) If the public agency is unable to locate the registered and
legal owners of the property or persons known to have an interest in
the property as provided in paragraph (4), the public agency
published, or caused to be published, the notice of removal for at
least two weeks in succession in one or more daily newspapers
circulated in the county.
(b) The notice of removal required by paragraphs (3) to (5),
inclusive, of subdivision (a) shall state all of the following:
(1) The name, address, and telephone number of the public agency
providing the notice.
(2) A description of the property removed.
(3) The location from which the property is to be or was removed.
(4) The location of the intended or actual place of storage.
(5) The authority and purpose for removal of the property.
(6) A statement that the property may be claimed and recovered
within 15 days of the date the notice of removal was issued pursuant
to paragraph (4) or (5) of subdivision (a), whichever is later, after
payment of any costs incurred by the public agency related to
salvage and storage of the property, and that following the
expiration of the 15-day period, the property will be sold or
otherwise disposed of by the public agency.
(7) A statement that the registered or legal owners or any other
person known to have an interest in the property have the opportunity
for a poststorage hearing before the public agency that removed, or
caused the removal of, the property to determine the validity of the
removal and storage if a request for a hearing is made in person or
in writing to that public agency within 10 days from the date of
notice; that if the registered or legal owners or any other person
known to have an interest in the property disagree with the decision
of the public agency, the decision may be reviewed pursuant to
Section 11523 of the Government Code; and that during the time of the
initial hearing, or during the time the decision is being reviewed
pursuant to Section 11523 of the Government Code, the vessel in
question shall not be sold or otherwise disposed of.
(c) (1) Any requested hearing shall be conducted within 48 hours
of the time the request for a hearing is received by the public
agency, excluding weekends and holidays. The public agency that
removed the vehicle may authorize its own officers or employees to
conduct the hearing, but the hearing officer shall not be the same
person who directed the removal and storage of the property.
(2) The failure of either the registered or legal owners or any
other person known to have an interest in the property to request or
attend a scheduled hearing shall not affect the validity of the
hearing.
(d) The property may be claimed and recovered by its registered
and legal owners, or by any other person known to have an interest in
the property, within 15 days of the date the notice of removal was
issued pursuant to paragraph (4) or (5) of subdivision (a), whichever
is later, after payment of any costs incurred by the public agency
related to salvage and storage of the property.
(e) The property may be sold or otherwise disposed of by the
public agency not less than 15 days from the date the notice of
removal was issued pursuant to paragraph (4) or (5) of subdivision
(a), whichever is later, or the date of actual removal, whichever is
later.
(f) The proceeds from the sale of the property, after deducting
expenses for salvage, storage, sales costs, and any property tax
liens, shall be deposited in the Abandoned Watercraft Abatement Fund
for grants to local agencies, as specified in paragraph (1) of
subdivision (d) of Section 525.
(b) (1) The public agency may take title to abandoned property for
the sole purpose of abatement, without assuming any liability, and
without satisfying any lien on the property, and may cause the
property to be sold, destroyed, or otherwise disposed of in any
manner it determines is expedient or convenient. The title to
property transferred by the public agency by sale or otherwise to
third parties shall be clear of any lien or encumbrance.
(2) Prior to the disposition of abandoned property pursuant to
paragraph (1), the public agency shall use reasonable means to
identify and locate the owner and any lienholder. If the owner is
located, the public agency shall mail notice to the owner to claim
the property by a specified date at least 15 days from the date of
the notice.
(3) If the owner cannot be located or the owner fails to respond
to the mailed notice or fails to claim the property within the time
provided or extended, the public agency may direct disposition of the
property at a properly noticed public meeting, notice of which shall
be given to a known owner and known lienholder and
the known owner, known lienholder, or any
interested party shall be given the right to appear and be heard
prior to the disposition of the property.
(c) The public agency's cost of disposing of abandoned property,
including staff time and legal and attorney's fees, may be recovered
by appropriate action in any court in which an action may be properly
brought or by the use of any available administrative remedy.
(d) If the abandoned property is sold, the public agency may
recover its costs from the proceeds of the sale and any additional
funds received shall be deposited into the Abandoned Watercraft
Abatement Fund. These funds shall be used solely for additional
removal and disposal actions under this section or Section 522, 523,
524, or 525.
(g)
(e) It is the intent of the Legislature that this
section shall not be construed to authorize the lien sale or
destruction of any seaworthy vessel that is currently registered and
operated in accordance with local, state, and federal law.
(h)
(f) This section shall become operative on January 1,
2014.
SECTION 1. SEC. 6. 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.