HomeMy WebLinkAboutC-939 - Indenture and Agreement (Encroachment Permit) (for Triangle Subdivisions) (Caribe Balboa Apartments)(64.(8Y
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City of Newport Beach
3300 W. Newport Blvd.
Beach, Calif.
dNewport
City Clerk's Office
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9266o
RECORDED AT REQUEST OF
INDENTURE ORANGE COUNTY, CALIF.
(ENCROACHMENT PERMIT) 9.05 API NOV 17 1964
FREE J. WYLIE CAMYLE, County Rernrft
4 THIS INDENTURE is made and entered into this L -L/. day of
5I October, 1964, between GREAT WESTERN SAVINGS AND LOAN ASSOCIATION,
61 hereinafter referred to as "Great Western", and the CITY OF NEWPORT
71I BEACH, a municipal corporation, hereinafter referred to as "City";
811 WITNESSETH:
9 WHEREAS, Great Western has acquired and is the vestee of
10 Lot 1, Tract No, 1080, as shown on a map recorded in Book 35, page
11 3, of Miscellaneous Maps, Records of Orange County, California; and
12 WHEREAS, Newport Harbor Corporation, a California corpora-
13 tion, was the former owner of the land now comprising said Lot 1 and,
14 as such owner executed a deed of easement in 1942 granting an ease-
15 ment for sidewalk and utility purposes over said property, with a
16 width of 14 feet, more or less, to City, which easement is recorded II',
17 in Book 1178, page 371, in Official Records of Orange County; and
18 WHEREAS, Great Western intends to permanently improve said
19 Lot I and proposes to construct a building which encroaches over.
20 said easement at a height of 13 feet 3 inches above the surface of
21 said Lot 1; and
22 WHEREAS, City has no objection to such encroachment sub-
23 ject to the terms of this indenture;
24 NOW, THEREFORE, in consideration of the mutual covenants
25 herein stated, the parties agree as follows:
26I 1. City hereby consents to permit the construction and
27 maintenance of a building encroaching over said easement. The ceil-
2811 ing line of the encroachment will be maintained at a height of 13
29.11 feet 3 inches above the surface of said Lot 1, except that in those
30 areas where plumbing is installed which projects below said ceiling,
31 as shown on Exhibit "A", soffited ceilings covering the plumbing mayi
32 be suspended to a point not less than 10 feet 3 inches above the
s
8001.7301
1 surface of the sidewalk.:,,;X at Western agrees that there will be no
},
21 opening in any portion of such )&iJd#g directly above any portion
3 of said easement and no door,iq -ow or appurtenance thereof will
4 open over or encroach upon said easement.
5 2. The proposed encroactm¢ent is shown on the attached
6 drawing which is marked. -Exhibit "A" and incorporated herein by
71 reference.
8 3. Great Western agrees to maintain open space on that
9� area of said Lot 1 northerly and northeasterly of the sidewalk and
10 utility easement granted by the above -mentioned deed of easement in
11 order to maintain a view of Newport Bay from said easement area,
12 except that eight columns, none of which exceeds 24 inches in the
13 maximum horizontal dimension, may be constructed as a structural
i
14 part of said proposed building for the support thereof, and land-
15 scaping which will not obstruct the view is also permitted subject
16 to approval of City.
17 4. The terms and provisions of said deed of easement
18 recorded in Book 1178, page 371, shall continue in effect except as
19 modified by this indenture.
I
20 5. . This indenture is intended to supersede and replace
21 that certain indenture between Sidney Kibrick, doing business as
22 Triangle Subdivisions, and the City of Newport Beach dated January
23 14, 1963, which was recorded on March 27, 1963, in Book 6482, page
24 891, Official Records of Orange County, California.
25 6. The provisions of this indenture shall be binding upon
26 the successors and assigns of the parties hereto.
27 IN WITNESS WHEREOF, the parties have executed this inden-
28 ture as of the day and year first above written.
29.. GREtIATIWES RN SAVINGS AND LOAN CITY OF NEWPORT BEACH
By
.31 . �T Attest: w' . ,Ma" er. .
,By` ;..,
GREAT WESTERN ''"Cf'PY
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800FM01 PACE81
STATE OF CALIFORNIA
` COUNTY OF .�s s
_,Gms �u,�sGrs )
On October _ 1964, 1p►ra:me, the undersigned, a
Notary Public in and for said State, personally appeared
known to me to be the res-
1 PE3 n�,l/r and !„J" 4F. E,ee.AN 19e,9 , known to me
to be the /�sS�srAw,retr of the corporation that
executed the within instrument-, own to me to be the persons who
executed the within instrument on behalf of the corporation therein
named, and acknowledged to me that such corporation executed the
within instrument pursuant to its by-laws or a resolution of its
board of directors.
WITNESS my hand and official seal.
p.......... n..... q.......ana..... ....... n......... pnq. ................ II
oer:ClnI. s%AL
MARILYN KIRK/
pIgTARY PN9LIf - CALIFONNIA
,'�✓ PRINCIPAL OFfICF 1µ Not ry Public in and for
jj LOS ANGELE& GOONTY said Count and State
An.u...«nn-!«tNmm�nn�nnO$ ANr ELESw Gk,N I( County
MARILYN KFRK
My Commission Expires May I , I97F
STATE OF CALIFORNIA )
ss
COUNTY OF ORANGE )
On October ° / , 1964, before me, the undersigned, a
Notary Public in and for said County and State, personally appeared
PAUL J. GRUBER and Aqa y FA ke o W A 314,0 Ft= , known to me to be the
Mayor and the D eput y City Clerk, respectively, of the CITY OF
NEWPORT BEACH, the municipal corporation that executed the within
instrument, and acknowledged to me that said municipal corporation
executed the same pursuant to a resolution of its City Council.
DOROTHY L. P4V:q
NOTAR'r PU5LIC - CA' C CR.:tA
PRINCIPAL MICE IN
ORANGE COUNTY
and and official seal.
I
Notary: blic in and for
said.:County and State
My Commission Expires January 9,1965
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- � �'304 PAGE 843
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EXHIBIT "A"
M:mec
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AGREEMENT
THIS AGREEMENT, made and entered into this I day of
January, 1963, between SIDNEY KIBRICK, doing business as TRIANGLE
SUBDIVISIONS, hereinafter referred to as "Kibrick1°, and the CITY OF
NEWPORT BEACH, a municipal corporation, hereinafter referred to as
°1Cityr';
WITNESSETH:
WHEREAS, Kibrick has an interest in and intends to
acquire Lot 1, Tract No. 1080, as shown on a map recorded in Book
35, page 3, of Miscellaneous Maps, Records of Orange County,
California; and
WHEREAS, Kibrick intends to permanently improve said
Lot 1 of Tract No. 1080 by the construction of an apartment build-
ing thereon; and
WHEREAS, City has a sidewalk and utility easement over
said Lot 1 granted in 1942 by a prior owner thereof which is
recorded in Book 1178, page 371, in Official Records of said Orange
County; and
WHEREAS, the proposed building is designed in a manner
that it encroaches over said walkway and utility easement at a
height of 13 ft. 3 inches, more or less, above the surface of said
Lot 1; the area at said Lot 1, the proposed building, and the
proposed encroachment being shown upon Public Works drawing No
R/W-5019-S, consisting of two sheets, which are marked Exhibit "A97
and, attached hereto and are by this reference incorporated herein
and made a part hereof; and
WHEREAS, Kibrick, as prospective owner of said Lot 1,
Tract No. 1080, and the City of Newport Beach have concurrently
herewith executed an indenture, a copy of which is marked Exhibit
"Bt9 and attached hereto and by this reference incorporated herein
and made a part hereof; and
WHEREAS, City consents to the proposed encroachment over
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said sidewalk
and utility
easement subject to the
terms of
said
2
indenture and
subject to
the additional provisions
of this
contract
3J NOW, THEREFORE, in consideration of the mutual covenants
4 herein stated and stated in said indenture, and subject to Kibrick'
5 acquiring title to said Lot 1, Tract No. 1080, the parties agree:
6 1. Reference is made to the provisions of said indentur
7 attached hereto as Exhibit "B" which establishes the consent to
8 construct the proposed building over said easement and the condi-
9 Lions of said consent.
10 2. As further consideration for the consent to build
11 over said easement, Kibrick in connection with the construction of
12 the proposed building shall do the following:
13 (a) Rebuild a sidewalk in accordance with plans
14 and specifications therefor approved by the Public Works
15 Director of City over the entire width of the easement.
16 (b) Relocate and reconstruct the street light
17 conduit now located across said Lot 1 in or near said
18 easement, and in connection therewith provide outlets
19 for street lights along said easement area for future
20 construction of such lights by City. Said outlets shall
21 be constructed in accordance with plans for said conduit
22 approved by the Public Works Director of City.
23 (c) Construct the building in a manner that there
24 will be no opening in the building directly above any por-
25 tion of the easement and no door, window or appurtenance
26 thereof shall open over or encroach upon said easement.
27 3. The consent by City to build over the easement was
28 made upon the representation of Kibrick that the proposed project
29 would be commenced within a period of 18 months from the date
30 hereof and would be completed within a period of 24 months there-
31 after. In case such project is not started within said 18 months
32 or is not completed within 24 months thereafter, the provisions of
2.
1 this contract shall be of no force and effect and the parties agree
2 to rescindthe indenture, a copy of which is attached hereto as
3 Exhibit "B", and place the rights and obligations of the parties
41 with respect to the sidewalk and utility easement as they existed
5 prior to the time said indenture was executed. The parties agree
6 to perform all acts and execute all documents necessary to accom-
7 plish the covenants stated in this paragraph.
8 4. The indenture, a copy of which is attached hereto
9 as Exhibit "B", and this contract are being executed to make the
10 proposed construction shown on Exhibit 01A" possible. The parties
11 agree that the indenture shall not be recorded without the approval
12 of Sidney Kibrick, provided that it shall be recorded during the
13 time title is vested in Sidney Kibrick and prior to the time a
14 building permit is issued by City.
15 5. The provisions of this contract shall be binding
16 upon the successors and assigns of the parties hereto.
17 IN WITNESS WHEREOF, the parties have executed this agree-
18 ment as of the day and year first above written.
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20 IIDN Y KIBRICK
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22 GRE A R IN KIBRICK
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24 CITY OF ORT EACH.
25 By ' 7
... Ga 1J o
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Attest:
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THIS Will is made and entered into this day of
Jauttarry* 1963, between $1DWY XMICKs, dewing business as s TRJANM
SMIVISIONS, hereinafter referred to as "Kibr ck", and the CM
OF NM4%T gam, at sa ieripal corporation, hereinafter referred to
As eraw;
$AM:
WHxMS,v tibrick has an int*rest in and intends to
Lot 10 Tract get►. 10600 eta she+oaae► an a asap ceded in Book 35e, page
3, of Miscellaneous Waps o Records of OMW County* California;
WMUga, gee ort harbor Corporations a California eorporaa-
tion � was the former seawater of the land now ea rising said Lot 1 at
as such ower +aurae+ ted a 4kwd of easement in 19+42 granting an. se -
asset for si.deamalk and utility purposes over said property, with a
xidt h of 14 Uot, mare, or loss, to City, Which easement is reccvde'
in gook 117$, page 3712 in Offierial Raeaords of said Ov ange County;
and
WAS, Xibrick Intends to permanently anent ly iaspmm said Lot
I and plvpo"s to Construct aa► building which encroaches over said
easement at ae height of 13 feet 3 inches 9 acre or l"s„ from the:
surface of said lot 1; and
11 MWA►S 3 City heat no ob eaetim to SucheIlk G-1Ce1 4 1t subj ue
to the tams of this lndeatrea;
Vi., Twatf"I
in
Consideration. of the msetrual Covenants
herein stated and subject
to
librick9s aoquirins title to
said lot
is Tract 140. 10803, the parties sgr" a
1. City hereby consents to a building eaasurrVaea:hing wer
said easemeant at a minime= Sl atticao of 18.52 ft. Above the official
dot= plane of the City eestrablishod. by City Ordinswo No. 994r prO-
viderd that there be no empaaa ing in any owh building directly above
any► portion of said easement and no doeer a window or appurteaaawnce
EXHIBIT "B"
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thereof open over or encroach upon said. "saaant
b l .brick agrees to maintain open space Can that area
of said Lot 1 northerly and northeasterly astexrly of the sidewalk and
utility easement granted bar the above -mentioned deed of easement
n *rder to maintain a view of Newport Day from said eaSemaxt areaa,
except that eight eeolumaas, a of which mmeed 24 inches in the
maxism horizontal dinwasieso, way be constructed as a structural
part of said proposed building for the support tbaroof.
3. The terms sad provisions of said deed of Bass it
recorded in Rood. 1178, t* 371, shall cemttiMW in eeffegt eesmeept
to modified by this index -tore$
4. The provisions of this indenture shall be binding
upon the suac*ssors and &*signs of they parties hereto.
IN rMSS VHZMF,, the parties have eexet uttd this in-
denture as of the 4ay and year first eeb m written,
cm 4f NHWAMT
S9 4 L
Mayor
Attest*,
I�
a.a.....�..�. _ `: ..--city-
. �.
iear ,
STATE Or MUMNIA
on „ 1963, before me, the u derr-
siow d, a NotaryPublic in land"fosaid Cent and State, personally
oed SID Y RT 3CK and i, RM ROBIN KMI�
bnOWA to me tO be
tpperrs+c whose anos area subscribed to the ;Ithia instrument and
ackamledgeedi that they ezooutee+d the same.
R'ITRRSS my hand and affic 1 seals
Rotary ftblic a for
said County and State
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I so
Cco= or ORA= �
on 1+9 3.0 before a*, a Nam.
UA in an states "ma1ly appeam
CIA" E l vw a _ �` , k�auDm to so to
And the City Cl Lively, , of the CITY �� �,
�a 1 out s� ate the raritbi :# ► , d
4mwa that is t i a tLou � the
r pwc=t to a raao%tlaa of its City it.
Wr== my hand sad offiaUl seat*
Notary 11a to and for
said County and State
My Commission r ,,pires 1 ,u_r; i`r;