Bill Text: CA AB2179 | 2009-2010 | Regular Session | Chaptered
Bill Title: Tidelands and submerged lands: City of Santa Cruz and
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2010-09-27 - Chaptered by Secretary of State - Chapter 377, Statutes of 2010. [AB2179 Detail]
Download: California-2009-AB2179-Chaptered.html
BILL NUMBER: AB 2179 CHAPTERED
BILL TEXT
CHAPTER 377
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2010
APPROVED BY GOVERNOR SEPTEMBER 25, 2010
PASSED THE SENATE AUGUST 12, 2010
PASSED THE ASSEMBLY MAY 13, 2010
AMENDED IN ASSEMBLY MARCH 18, 2010
INTRODUCED BY Assembly Member Monning
FEBRUARY 18, 2010
An act relating to tidelands and submerged lands.
LEGISLATIVE COUNSEL'S DIGEST
AB 2179, Monning. Tidelands and submerged lands: City of Santa
Cruz and City of Long Beach.
Under existing law, the State Lands Commission has jurisdiction
over tidelands and submerged lands of the state. Existing law
authorizes grants to local entities of the right, title, and interest
of the State of California in and to certain tidelands and submerged
lands in trust for certain purposes.
This bill would grant to the City of Santa Cruz and the City of
Long Beach, respectively, all the right, title, and interest of the
state in certain trust lands pursuant to an agreement of the
commission. The bill would require the cities to hold, operate, and
manage, in trust for the benefit of the statewide public, the
described trust lands in accordance with the common law public trust
doctrine and specified statutory provisions.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the City of Santa Cruz and the
City of Long Beach.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) There is hereby granted and conveyed in trust to
the City of Santa Cruz in the County of Santa Cruz all the right,
title, and interest of the State of California in certain trust
lands, acquired and held by the state, subject to the common law
public trust and the city's statutory trust, pursuant to the
agreement that was approved as Calendar Item 43 of the August 11,
2009, State Lands Commission meeting, and which are further described
as follows:
(1) Volleyball Parcel, which consists of all that real property
situated in the City of Santa Cruz, County of Santa Cruz, State of
California, and being a portion of Parcel VII as said Parcel VII is
described in Judgment and Decree Quieting Title No. 13476, recorded
March 25, 1933, in Volume 236 of Official Records, Page 413,
described as follows:
All that portion of said Parcel VII bounded easterly by the 1st
Exception to said Parcel VII as said 1st Exception, being Westbrook
Street, is described in said Judgment;
(2) West Lawn Parcel, which consists of all that real property
situated in the City of Santa Cruz, County of Santa Cruz, State of
California, and being a portion of Parcel VII as said Parcel VII is
described in Judgment and Decree Quieting Title No. 13476, recorded
March 25, 1933, in Volume 236 of Official Records, Page 413,
described as follows:
All that portion of said Parcel VII bounded westerly by the 1st
Exception to said Parcel VII as said 1st Exception, being Westbrook
Street, is described in said Judgment, and bounded easterly by the
2nd Exception to said Parcel VII, as said 2nd Exception, being lands
of the City of Santa Cruz, is described in said Judgment; and
(3) Trestle Easement, which consists of all that real property
situated in the City of Santa Cruz, County of Santa Cruz, State of
California, and being a part of the lands conveyed to Santa Cruz
Seaside Company by deed recorded December 30, 1992, in Volume 5178,
at Page 702, Santa Cruz County Records and being more particularly
described as follows:
Commencing at the most southerly corner of the lands shown as
"SANTA CRUZ SEASIDE CO. a Corporation by decree of quieting title
Parcel 6, March 25, 1933, in 236-OR-413", said corner being a point
on the northeasterly line of Third Avenue, as said lands and Avenue
are shown on that certain map entitled "San Lorenzo River Flood
Control Project", recorded August 24, 1964, in Volume 42 of Maps at
Page 16 (Sheet 1 of 19), Santa Cruz County Records;
Thence from said Point of Commencement, along said northeasterly
line of Third Avenue South 35*27'50" West 15.07 feet; thence leaving
said northeasterly line, North 59*57'30" East 63.00 feet; thence
South 74*20' East 16.27 feet, more or less to a point on the
northwesterly line of that certain land conveyed by C. Cappelmann and
George Otto to the Santa Cruz Railroad Company in deed recorded
September 7, 1878, in Book 27 of Deeds, at Page 200, Official Records
of Santa Cruz County; thence along said northwesterly line, North
59*57'30" East 94.86 feet to the Point of Beginning;
Thence from said Point of Beginning, leaving said northwesterly
line of the Santa Cruz Railroad Company, South 13*43' East 22.24
feet; thence South 77*47' West 10.00 feet; thence South 69*21' West
15.00 feet; thence South 62*57' West 12.50 feet; thence South 55*17'
West 20.00 feet; thence South 30*15' West 14.00 feet; thence South
24*24' West 20.00 feet; thence South 30*02'30" East 6.00 feet; thence
North 59*57'30" East 124.34 feet; thence South 30*02'30" East 13.23
feet; thence South 9*13'30" West 58.64 feet to the southeasterly line
of said land conveyed to said Railroad Company; thence along said
southeasterly line North 59*57'30" East 146.81 feet, more or less, to
the easterly boundary of said land conveyed to said Railroad
Company, said easterly boundary being described in said deed to said
Railroad Company as the middle of the San Lorenzo River; thence
northerly along said easterly boundary 108 feet, more or less, to
said northwesterly line of said land conveyed to said Railroad
Company; thence along said northwesterly line South 59*57'30" West
167.63 feet, more or less, to the Point of Beginning.
SUBJECT TO a reservation of an easement for railroad operating
purposes, and appurtenances thereto pertaining, on, over, across,
under, and through a strip of land 20 feet in width, lying 10 feet on
each side of the center line of an existing railroad track, as said
reservation is described in said deed recorded in Volume 5178, at
Page 702, Official Records of said County.
(b) The lease of the lands described in subdivision (a),
designated as PRC 8824, from the State Lands Commission to the City
of Santa Cruz shall terminate on January 1, 2011.
(c) The City of Santa Cruz shall hold, operate, and manage, in
trust for the benefit of the statewide public, the public trust lands
described in subdivision (a) in accordance with the common law
public trust doctrine and the terms, trusts, and conditions set forth
in Chapter 342 of the Statutes of 1872 and Chapter 1291 of the
Statutes of 1969.
SEC. 2. (a) There is hereby granted and conveyed in trust to the
City of Long Beach in the County of Los Angeles all the right, title,
and interest of the State of California in certain trust lands,
acquired and held by the state, subject to the common law public
trust and the city's statutory trust, pursuant to the agreement that
was approved as Calendar Item 8 of the June 5, 1991, State Lands
Commission meeting, which are further described as follows:
(1) Southern Parcel, which consists of land described as follows:
Southern parcel
Description: The land referred to herein is situated in the County
of Los Angeles, State of California, and is described as follows:
That certain parcel of land, in the City of Long Beach, described
as follows:
Beginning at the intersection of the easterly prolongation of the
northerly line of lot "e" as shown on map of ocean front of the City
of Long Beach, recorded in book 39 pages 18 to 33, inclusive of
miscellaneous records, in the office of the county recorder of said
county, and a line parallel with and 50.00 feet easterly of the
easterly lines of lots "e" and "k" of said ocean front of the City of
Long Beach; thence along said parallel line, South 00*05'02" East,
405.24 feet; thence South 89*54'58" West, 69.85 feet; thence South
00*05'02" East, 40.00 feet to the true point of beginning; thence
North 89*54'58" East, 38.57 feet to a point on a nontangent curve
concave to the southwest and having a radius of 29.50 feet, a radial
line through said point bears North 47*13'55" East; thence southerly
along said curve through a central angle of 38*56'41" an arc distance
of 20.05 feet; thence South 03*49'24" East 56.57 feet to the
southerly line of that particular parcel of land described in deed
recorded in book 44843, page 136 of official records in the office of
said county recorder; thence along said southerly line North 89*18'
18" West, 231.02 feet; thence North 52*02'37" East, 27.08 feet to the
beginning of a curve concave southeasterly having a radius of 260.00
feet; thence northeasterly along said curve through a central angle
of 37*52'21" an arc distance of 171.86 feet to the true point of
beginning.
Except that portion shown as Pine Avenue on map of said ocean
front of the City of Long Beach.
Also except that portion of said land lying easterly of the
easterly line of said lot "k" and/or its southerly prolongation; and
(2) Street Parcel, which consists of land described as follows:
Street parcel
A parcel of land in the City of Long Beach, in the County of Los
Angeles, State of California, described as follows:
Beginning at the intersection of the easterly prolongation of the
northerly line of lot "e" as shown on the map of ocean front of the
City of Long Beach, recorded in book 39 pages 18 to 33, inclusive of
miscellaneous records, in the office of the county recorder of said
county, and a line parallel with and 50.00 feet easterly of the
easterly lines of lots "e" and "k" of said ocean front of the City of
Long Beach; thence along said parallel line South 00*05'02" East,
405.24 feet; thence South 89*54'58" West, 69.85 feet; thence South
00*05'02" East, 40.00 feet; thence North 89*54'58" East, 19.85 feet
more or less to the southerly prolongation of the East line of said
lot "k", being the true point of beginning; thence North 89*54'58"
East 40 feet to the easterly line of the parcel of land described in
deed recorded in book 44843, page 136 of official records in the
office of the county recorder of said county; thence southerly along
said easterly line 74.66 feet more or less to the southeasterly
corner of said described parcel of land; thence along the southerly
line thereof North 89*18'18" West 40 feet to the southerly
prolongation of the east line of said lot "k"; thence North 00*05'02"
West 74.12 feet more or less to the true point of beginning.
(b) The lease of the lands described in subdivision (a),
designated as PRC 7545, from the State Lands Commission to the City
of Long Beach shall terminate on January 1, 2011.
(c) The City of Long Beach shall hold, operate, and manage, in
trust for the benefit of the statewide public, the public trust lands
described in subdivision (a) in accordance with the common law
public trust doctrine and the terms, trusts, and conditions set forth
in Chapter 676 of the Statutes of 1911, Chapter 102 of the Statutes
of 1925, Chapter 158 of the Statutes of 1935, and Chapter 138 of the
Statutes of 1964 (First Extraordinary Session), as amended.
SEC. 3. The Legislature finds and declares that, because of the
unique circumstances applicable only to the lands described in
Sections 1 and 2 of this act, a statute of general applicability
cannot be enacted within the meaning of subdivision (b) of Section 16
of Article IV of the California Constitution. Therefore, this
special statute is necessary.
