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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"