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HomeMy WebLinkAbout6040 - Indenture Recordingfly` 7 THSa nec 10/_ 164 (12) i 1 RESOLUTION NO. 6040 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH.AUTHORIZING THE EXECUTION 3 AND RECORDING OF AN INDENTURE 4 I 5i LREAS, the City of Newport Beach has a sidewalk and 6 utility easement 14 feet in width over Lot 1 of Tract No. 1080, as 71 shown on a map recorded in Book 35, page 3, of Niscellaneous Maps, 8 Records of Orange County, California, which is recorded in Book 9 1178, page 371, of Official Records of said County; and 10 WHEREAS, the City entered into an Indenture with Sidney 11 "Kibrick, doing business as Triangle Subdivisions, dated January 14, 12 1963, authorizing the construction of a building on said Lot 1 13 which would encroach over said easement, which Indenture was re- 14 corded on March 27, 1963, in Book 6482, page 891, Official Records 15 of Orange County, California; and 16 &REAS, Great Western Savings and Loan Association, the 17 present owner and vestee of said Lot 1, has requested permission for 18 an additional building encroachment over said easement as herein - 19 after described; and 20 ir3LMEAS, an Indenture (Encroachment Permit) between the 21 City and Great Western Savings and Loan Association which would 22 supersede and replace the Indenture hereinabove described has been 23 presented to the City Council, which document contains the same 24 provisions as the previous Indenture and in addition would permit 25 soffited ceilings covering plumbing as designated therein to be 26 suspended to a point not less than 10 feet 3 inches above the 27 surface of the sidewalk and, subject to approval of City, would 28 permit landscaping which will not obstruct the view of Newport Bay 29 from said easement area; and • SO IMEREAS, the City Council has reviewed the terms of said 31 document and found the same to be reasonable and in the mutual 32 interest of the parties; 1 2 3 4 5 6 7 8I 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 • 30 31 32 w NOW, THEREFORE., BE IT RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute said Indenture and the City Clerk is authorized and directed to execute and attach thereto a certificate of acceptance and consent to its recording and to record the same in the County Recorder's office. ADOPTED this 19th day of October, 1964. IV Mayor ATTEST; �, City C ervT RAP 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. 6040 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 19th day of October , 19 64 by the following vote, to wit: AYES, COUNCILMEN: Stoddard, Cook, Gruber, Elder, Marshall, Parsons NOES, COUNCILMEN: Alone ABSENT, COUNCILMEN: Forgit Dated this 20th day of October 19 64 ity Cle3j9 and Ex-Officio aeWK of tfie City Council, City of Newport Beach, 'I State of California.