HomeMy WebLinkAbout5709 - Recording of an IndentureJ63 (12)
1 RESOLUTION NO. 5709
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AUTHORIZING THE EMCUTION AND
3 RECORDING OF AN INDENTURE
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5 WHEREAS, the City of Newport Beach has a sidewalk and
6 utility easement l/ feet in width over Lot 1 of Tract No. 1050, as
7 shown on a map recorded in Book 35, page 3, of Miscellaneous Maps,
8 Records of Orange County, California, which is recorded in Book
9 1178, page 371, of Official Records of said County; and
10 WHEREA.S. Sidney Kibrick, doing business as Triangle Sub -
11 divisions, the prospective owner of said lot, proposes to construct
12 a building on said lot which would encroach over said easement at a
13 height of 13 feet 3 inches, more or less, above the surface of said
14 lot; and
15 VYHPREAS, an Indenture has been prepared which, if execute6
16 by the City and said prospective owner of said lot, would authorize
17 such construction conditioned upon the height of said encroachment
18 being maintained at a minimum elevation of 18.52 ft, above the
19 official datum plane of the City and the area northerly and north-
20 easterly of said easement being open to permit a view of Newport
21 Bay from said easement except for certain structural columns; and
22 WHEREAS, the City Council has reviewed the terms of said
23 Indenture and found the same to be reasonable and in the mutual
24 interest of the parties;
25 NOW$ T11EREFORE2 BE IT RESOLVED that the Mayor and City
26 Clerk be and are hereby authorized and directed to execute said
Ah 27
Indenture and the City Clerk is authorized and directed to execute
28 and attach a certificate of acceptance and consent to the recording
29 of ,skid Indenture in the County Recorder's office.
30 ADOPTED this 14th day of Jannu%aa 19 1
31
32 AT SC - Mayor
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF NEWPORT BEACH)
I. MARGERY SCHROUDER, City Clerk of the City of Newport
Beach, California, do hereby certify that according,to the records of the
City of Newport Beach.filed and maintained in my office, the foregoing
Resolution No. 5709 was duly and regularly
adopted, passed, and approved by the City Council of the City of Newport
Beach, California, at a regular meeting of said City Council held at the
regular meeting place thereof, on the 14th day of January
19 63 by the following vote, to wit:
AYES,. COUNCILMEN: Stoddard. Gruber. Cook Hart Loren
Marshall, Elder
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: None
Dated this 15th day of January „ 1963
- City" Clerk -and x- Officio Clerk.of the
City Council, City of Newport Beach,
State of California.