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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 0 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 Ctyrk w 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.