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SB-367 Tidelands and submerged lands: County of Orange.(2017-2018)

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Date Published: 02/14/2017 09:00 PM
SB367:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 367


Introduced by Senator Bates

February 14, 2017


An act to amend Section 1 of Chapter 321 of the Statutes of 1961, relating to tidelands and submerged lands.


LEGISLATIVE COUNSEL'S DIGEST


SB 367, as introduced, Bates. Tidelands and submerged lands: County of Orange.
Existing law grants to the County of Orange the right, title, and interest of the state in and to certain tidelands and submerged lands in trust for certain purposes relating to commerce, navigation, and recreation. Existing law requires that the county, and its successors, only use those granted lands for prescribed purposes relating to commerce, navigation, public access, and recreation, and prohibits the county from granting franchises or leases for those tidelands and submerged lands for periods that exceed 50 years for public uses and purposes.
This bill would extend to 66 years the maximum period for which the county may grant franchises or leases for the use of those tidelands and submerged lands for those trust purposes.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1 of Chapter 321 of the Statutes of 1961 is amended to read:

Section 1.
 There is hereby granted to the County of Orange and to its successors all of the right, title and interest of the State of California held by said State state by virtue of its sovereignty in and to all that portion of the tidelands and submerged lands of the Pacific Ocean within the County of Orange, State of California, in the following area:
Commencing at the intersection of the westerly line of fractional Section 22, Township 8 South, Range 8 West, San Bernardino Base and Meridian with the line of Mean High Tide of the Pacific Ocean from which point said westerly Section line bears North 0° 07' East; thence South 45° 00' East to the point of intersection with a line parallel to and five thousand seven hundred and fifty feet (5,750 ft) 5,750 feet southerly of the northerly line of said fractional Section 22; thence easterly along said last mentioned parallel line, 5,750 feet southerly of the northerly line of Section 22, and the easterly prolongation of said parallel line to the point of intersection with a meridian line passing through the intersection of the westerly line of Rancho Boca de la Playa as said line is established and shown on a map recorded in Book 4, Pages 118 and 119 of Patents, Records of Los Angeles County, June 29, 1887 1887, and the line of Mean High Tide of the Pacific Ocean; thence northerly along said meridian line to the intersection with the line of Mean High Tide of the Pacific Ocean; thence westerly along said line of Mean High Tide to the point of beginning, the same to be forever held by said county and by its successors in trust for the uses and purposes and upon the express conditions following, to wit:
(a) That said lands shall be used by said county, and its successors, only for the establishment, improvement improvement, and conduct of a harbor, and for the construction, maintenance maintenance, and operation thereon of wharves, docks, piers, slips, quays and other utilities, structures, facilities and appliances necessary or convenient for the promotion and accommodation of commerce and navigation, and for recreational use, public park, parking, highway, playground, and business incidental thereto; and said county, or its successors, shall not, at any time, grant, convey, give or alien said lands, or any part thereof, to any individual, firm firm, or corporation for any purposes whatever; provided, that said county, or its successors, may grant franchises thereon for limited periods (but in no event exceeding 50 years), 66 years, for wharves and other public uses and purposes and may lease said lands, or any part thereof, for limited periods (but periods, but in no event exceeding 50 years), 66 years, for purposes consistent with the trust upon which said lands are held by the State of California, and with the requirements of commerce and navigation at said harbor, and collect and retain rents from such leases.
(b) That said lands shall be improved by said county without expense to the State, state, and shall always remain available for public use for all purposes of commerce and navigation, and the State of California shall have at all times, the right to use, without charge, all wharves, docks, piers, slips, quays, and other improvements and facilities constructed on said lands, or any part thereof, for any vessel or other water or aircraft, or railroad, owned or operated by the State of California.
(c) That in the management, conduct conduct, or operation of said harbor, or of any of the utilities, structures, appliances appliances, or facilities mentioned in paragraph subdivision (a), no discrimination in rates, tolls, or charges or in facilities for any use or service in connection therewith shall ever be made, authorized or permitted by said county or its successors.
(d) There is hereby reserved, however, in the people of the State of California the absolute right to fish in the waters of said harbor with the right of convenient access to said waters over said lands for said purposes.
(e) There is hereby 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.
(f) The lands herein described are granted subject to the express reservation and condition that the State state may at any time in the future use said lands or any portion thereof for highway purposes without compensation to the county, its successors or assigns, or any person, firm firm, or public or private corporation claiming under it, except that in the event improvements have been placed upon the property taken by the State state for said purposes, compensation shall be made to the person entitled thereto for the value of his or her interest in the improvements taken or the damages to such interest.
(g) That within 10 years from the effective date of this act said lands shall be substantially improved by said county without expense to the State, state, and if the State Lands Commission determines that the county has failed to improve said lands as herein required, all right, title, and interest of said county in and to all lands granted by this act shall cease and said lands shall revert and vest in the State. state.