HomeMy WebLinkAbout7485 - Erection of Electric Gate at Breakers Drivepv ^i
RESOLUTION NO. 7485
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH CONSENTING TO THE ERECTION OF
AN ELECTRIC GATE AT THE ENTRANCE TO BREAKERS
DRIVE
'1 WHEREAS, the City of Newport Beach has a claim to
ownership of a certain parcel of real property known as "Breakers
Drive ", subject to the reservation of an easement for roadway and
public utility purposes in favor of the record owners of certain
lots abutting said Breakers Drive, as more fully described in
that certain quitclaim deed dated July 17, 1951, and recorded in
Book 2297, page 90, Official Records of Orange County, whereby
Citizens National Trust & Savings Bank of Los Angeles conveyed
Breakers Drive to the City of Newport Beach; and
WHEREAS, since its conveyance to the City, Breakers
Drive has continuously been used as a private street by property
owners abutting said street; and
WHEREAS, because of the proximity of Breakers Drive to
the beach area, the resulting traffic and parking problems have
caused extreme inconvenience and annoyance to the permanent
residents and property owners, who have requested the consent of
the City to the erection of an electric gate at the entrance to
Breakers Drive, to be constructed "and maintained solely by the
Breakers Drive Community Association, Inc., to control said
traffic; and
WHEREAS, the affected department heads have reviewed
with the Breakers Drive Community Association the matter of access
to Breakers Drive for police 'and fire protection, refuse
collection, and related services by the various City departments,
and have determined that the electric gate would present no
,* hindrance to the City's operations;
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NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach as follows:
1. Consent is hereby given to the Breakers Drive
Community Association, Inc., to erect and maintain an electric
gate at the entrance to Breakers Drive, with the express under-
standing that the City does not relinquish any rights it has to
the underlying fee;
2. The City reserves the right to remove the electric
gate, upon reasonable notice to the Association, if it is
determined that it would be in the best interest of the public
to do so, by reason of interference with, or infringement upon,
any of the City's governmental functions, powers or property
rights, or if the City Council deems it necessary to have the
gate removed for any other reason;
3. It is understood that the Breakers Drive Community
Association will cooperate fully with all departments of the City
in the matter of ready access to Breakers Drive at all times;
4. The City Clerk is directed to forward a copy of
this resolution to the Breakers Drive Community Association, Inc.
ADOPTED this 26th day of July, 1971.
ATTEST:
City Clerk
CERTIFIED S THE ORIGINAL
CITY ClERK OF THE CITY F FWPORT CP9
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Mayor
DO'N:mh
8 /11/71