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HomeMy WebLinkAbout82-21 - Land Use Agreement and Karagozian JudgmentRESOLUTION NO. 82 -21 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF • NEWPORT BEACH AUTHORIZING THE MAYOR TO EXECUTE A LAND USE AGREEMENT; DIRECTING THE CITY ATTORNEY TO EXECUTE A STIPULATION FOR JUDGMENT RESOLVING THE LITIGATION BETWEEN CITY AND EDWARD KARAGOZIAN AND DIRECTING THE CITY CLERK TO RECORD SAME WITH THE ORANGE COUNTY RECORDER WHEREAS, a dispute has arisen between Edward Karagozian (hereinafter KARAGOZIAN) and the City of Newport Beach, (herein- after CITY) over the applicability of CITY °s zoning ordinances for an amateur radio antenna which KARAGOZIAN proposes to con- struct; and WHEREAS, the parties hereto have entered into a settle- ment whereby this litigation can be resolved on the terms and conditions specified a certain Stipulation for Judgment, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein as though fully set forth at length, which Stipulation will be filed with the U.S. District Court after acceptance by the City Attorney, wherein CITY will grant to KARAGOZIAN substantially all of the use of his radio equipment that he would otherwise enjoy; and preserve, substantially, all of the public interests which CITY protects through its zoning ordinances; and WHEREAS, a certain Land Use Agreement has been prepar- ed, for recording purposes, a copy of which is attached hereto marked Exhibit "B" and incorporated herein as though fully set forth at length, which includes the terms and provisions of the Stipulation for Judgment, which agreement will be signed by both parties and recorded in the Orange County Recorder's office. NOW, THEREFORE, BE IT RESOLVED by the City Council of • the City of Newport Beach that the City Attorney be and hereby is authorized and directed to sign said Stipulation for Judgment for filing with the U.S. District Court; and BE IT FURTHER RESOLVED that the Mayor be and hereby is authorized and directed to sign, before a Notary Public, that • certain Land Use Agreement which incorporates, for recording, the terms and provisions of the Stipulation; and BE IT FURTHER RESOLVED that the City Clerk be and hereby is directed to record said band Use Agreement in the offices of the recorder in and for the County of Orange. ADOPTED this 8th day of February , 1982. ;TTE T: City Clerk • F d / PA..N / J