HomeMy WebLinkAboutC-939 - Indenture and Agreement (Encroachment Permit) (for Triangle Subdivisions) (Caribe Balboa Apartments)(64.(8Y
Mail To:
City of Newport Beach
3300 W. Newport Blvd.
Beach, Calif.
dNewport
City Clerk's Office
2
3
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
21
3
4
5
6
71
i
8�
I
91
101
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
31
32
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
60
ozEJ
'
Ui
LL
0
9
71 IL
a
E-4
H
A
9
O
`` !' %3O'� PAGE$4�
�'12
T �•, cO
r,-a-- � to �.'
.��,
^� A. � s)
i
��.
�`_ FUf��EJ ri��.� FOR.
P! U fit �, T h1 G �. l hl `��
__ �\�
a
,.,I � w Po R T Bf r'
.._
c-, _ �
� _
_ � ..._ i C - ..
- � �'304 PAGE 843
�l
(5S
EXHIBIT "A"
WW •mec
1/ 4/63 (7)
- 1
2
3
4
5
6
7
N.
9
10
11
12
13
14
15
IP1
17
18
19
20
21
.22
23
24
25
26'
27
28
29'
-
C.p4e,
' . :AGREEMENT
THIS AGREEMENT, e and entered:rto this.
January,--1963, between SIDNEY KIBRxCK, doing business as TRIANGLE
SUBDIVISIONS, hereinafter refertgd:`to as "Kibrick", and the CITY OF
NEWPORT BEACH,a municipal corpotion, hereinafter referred to as '
$[city";
iESSETH:
WHEREAS, Kibric has an interest in and intends to
acquire Lot 1, Tract -No. 1080,..iLs shown on.a map recorded in Book
35, page 3, of Miscellaneous Maps Records of Orange County,
California; and
WHEREAS, Kibrick.:.i.ntends to permanently improve said
Lot 1 of Tract No. 1080 byLthe 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.Orangel
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-5019-5, consisting of two sheets, which are marked Exhibit "A"
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
"B" and attached hereto and by this reference incorporated herein
and made a part hereof; and
WHEREAS, City consents to -the _pr.oposed encroachment
1
'
2
1�
. 41
5
6
7
6
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
. 32
said sidewalk and utility easement subject to the terms c€.::`said
indenture and subject to the additional provisions of this contract
NOW, THEREFORE, in cansideration of the mutual covenants
herein stated and stated in ---said indenture, and,subjer-t toKibrickf
acquiring title to said,Lot 1, Tract No. 1080, the parties agree:
1. Reference is made to the provisions of said indentur
attached hereto as Exhibit "B".which establishes the consent to
construct the proposed building over said easement and the condi-
tions of said. consent.
2. As 'further consideration for the consent to build
over said easement, Kibrick in connection with the construction of
the proposed building shall do the following:
(ay Rebuild a sidewalk in accordance with plans
and specifications therefor approved by the Public Works
Director -of City over the entire width of the easement.
(b) Relocate and reconstruct the street light
conduit now located across said Lot 1 in -or near said
easement, and in connection therewith provide outlets
for street lights along said easement area for future
construction of such lights by City. Said outlets shall
be constructed in accordance with plans for said conduit
approved by the Public Works Director of City.
•(c) Construct the building in a manner that there
will be no opening in the building directly above any por-
tion of the easement and no door, window or appurtenance
thereof shall open over or encroach upon said easement.
3. The consent by City to build.over the easement was
made upon the.representation of Kibrick that the proposed project
would be commenced within a period of 18 moniths from the date
hereof and would be completed within a period of 24 months there-
after. in case such project is not started within said 18 months..
or is not completed within -24 months there.a.fter; :the prvyisirms v
.2.
1 this'contrac.t shall be of once and effect and the parties agree
2 to resc.iOd ,.the indenture, a copy of which is attached -40 o as
3 .Exhibit"B", and place the rights and obligations of the parties
4 with respect to the sidewalk and. utility eAsem.eat as they existed
5 prior to the time said indentur•.`l��jrss 'executed. The parties. agree
"LIT.
S to perform -all acts and execute all documents necessary to a.ccom-
7 plish the covenants stated-i.p'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 "A" 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
1611 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.
19 �•
20 S IDNN z
21
22
24
25
26
27
28
29
CITY OF (ART EACfHH
By
Mayor
Attest:
City Clerk
3.
See file for Exhibit "A"