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HomeMy WebLinkAboutI-17 - Triangle SubdivisionsCITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT Too The Honorable Mayor and ����a�\\�• City Council \\A, From- City Attorney Subject- Triangle Subdivisions F11.E• January 11, 1963 a On December 17, 1962, the City Council approved the request of Triangle Subdivisions to construct their building in a manner that it would encroach over the City's easement for sidewalk and utility purposes over Lot 1 of Tract No. 1080. The approval was given subject to the following- A minimum height being maintained; an open space northerly and northeasterly of the easement being main- tained; reconstruction of the sidewalk and the reconstruction of the street light conduit; the building being constructed in a manner that there would be no opening directly above the easement and no encroachment over the easement by the appurtenances of the building; and that the project be started within a stated period of time. Two documents have been prepared in order to carry out the approval and the conditions. First, we have an Indenture which would be executed by the vestee and the City. It would consent to the en- croachment over the easement at a minimum elevation of 18.52 feet above the City datum plane. It would also require the vestee to maintain the open space except for eight columns, none of which exceed 24 inches in the maximum horizontal dimension. It is con- templated that the Indenture will be recorded. The second document is an Agreement between the vestee of the prop- erty and Sidney Kibrick, doing business as Triangle Subdivisions, jointly referred to as "Property Owners", and the City. The Agreement refers to the Indenture and has it attached as an ex- hibit. It also refers to the plans submitted by Triangle Subdi- visions and has them attached as an exhibit. The operative provisions of the Agreement require the sidewalk to be rebuilt and the street light conduit to be reconstructed, with the outlets in accordance with plans approved by the Public Works Director. It also requires the building to be constructed so there is no opening over the easement and no appurtenance of the building en- croaching upon the easement, The Agreement provides also that the project should be commenced within a period of 18 months and completed within a period of 24 months thereafter. It provides that To: The Honorable Mayor and City Council -2- January 11, 1963 if this is not done the Agreement is ineffective and the parties shall rescind the Indenture° The Agreement also provides that the Indenture will not be recorded without the approval of Mr. Kibrick, but that it shall be recorded prior to the time a build- ing permit is issued by the :City. The purpose of this provision is to make it possible for Triangle Subdivisions to get final approval on the plans for financing purposes prior to the time the Indenture is recorded, but to require the recording prior to the issuance of the building permit. Currently, the vestee on the property is Sterling Savings and Loan Association and it is intended that the Indenture and Agreement will be executed by Sterling. It is also intended that the In- denture will be recorded prior to the time title is transferred to any other vesteeo It is possible that the property will be transferred to Great Western Savings & Loan Association and, in contemplation of that transfer, we have requested a letter from Great Western acknowledging the existence of the Indenture and the Agreement. Two resolutions have been prepared to authorize the execution of the Indenture and the Agreement by the City. The resolution authorizing the Indenture also authorizes its recording. If this arrangement meets with the approval of the City Council, it is suggested that the resolutions be adopted. h) - �-, 14-w� Walter W. Char m a WWComec City Attorney cc - City Manager City Clerk Public Works Director Gendel & Raskoff ^ 128 Via Yella {w Aewport Beach, CITE ..'�-` � California anuary 8, 1063 ' The City Council CITY OF ''-A. City of Newport Beach 11-WR .1 ACH, 1`?etirport Beach, California % ti Bear Sirs, In the Becember 13 edition of the Ensign it was disclosed that Triangle Sub- divisions had requested :permission to build an apartment building on the old Christian's 1%t property, which building would overhang the public walkway to the water's edge. The reported "cautious view" of the of the request taken by the Council at the time was refreshing, but only for too short an interval of time. Two weeks later it was disclosed. further that the Council was favor- ably considering the granting of the final approval of this request on Janu- ary lb.. I wonder how many opions were obtained from users of the public walkway in front of the property between those two meetings of the Council. Generalizing for a moment, Newport can grow in one of two distinct directions in the future. It can be carefully developed as a pleasant yacht harbor, open to the sky and surrounded by homes and the picturesque small industry of the area. Or it can , by following a line of least resistance, evolve into a small waterway enclosed on all sides by a looming wall of concrete and glass. Ad- mitedly this comparison is biased, but it is submitted as the viewpoint of one of the users of that walkway. Not only does the building proposed in the Triangle Subdivisions request offend., as a harbinger of the concrete and glass wall concept, but it further offends by setting a president to cut off the sky as well as the hor;_zions. Only by adopting a very restrictive concept of the language can Triangle Subdivisions say they id ll not be restricting the view of the public from that walkway. People who come to the beach, either for the day or to live permanently there, come not only to enjoy the bay but also to enjoy the sun, sky, and breeze which until now have surrounded it. I hope, as I r,m sure others do also, that the Counc-111 will consider carefully the wishes of the _residents of Abe n-ort Beach before acting on this matter. Thank 7ro» for you -att..,ention to t,},i letter. Vern 128 Via Yella, Nmmort Beach, Calif orni a January 8, 1963 The City Clerk City of 17mmort .Beach 3300 Newport Boulevard TVeTrmort Beach, California Dear Madame., Enclosed. is a letter which I would like brought to the attention of the City Council at their next regular session. It is in regard to the request of Tri- angle Subdivisions to be allowed to build a six level apartment building over- hanging the public right -of -gray on the former Christian's Hut property. Thank you for z*our attention to this request. Very sincerly yours, Willis D. Longyear a a CITY OF NEWPORT BEACH C TJ CITY ATTORNEY N'rV}, A NT y Clerk From: City Attorney January 15, 1963 Subject: Triangle Subdivisions, Christian's Hut property Transmitted are the following: 1. The original and one copy of an Indenture dated January 14, 1963, with Sidney Kibrick and the City as parties. .2. The original and one copy of an Agreement dated January 14, 1963, between Sidney Kibrick and the City. 3. The original and nine copies of Resolution No. 5709. 4. The original and nine copies of Resolution No. 5710. It is suggested that both the Indenture and the Agreement be executed on behalf of the City of Newport Beach. The signatures on the Indenture should all be acknowledged and you recall that Mr. and Mrs. Kibrick acknowledged to you at the City Council melt-_... ing that they did execute the Indenture. You have in your file a copy of Public Works drawing No. R/W-5019-5., consisting of two sheets. This should be marked Exhibit "A" and attached to the Agreement in order that it will be complete. The copies of the Indenture attached thereto as Exhibit B" should be made to conform to the executed document. The resolution authorizing the Indenture also authorizes its re- cording. The title of I of Tract 1080 is not now vested in Mr. Kibrick., and there ensure s ou not a recorded at� Ime. The indenture is also subject to his ac�gu_�ng title andY_ it; ter f be o erative until title is_...vested in him.. It is suggested that the or . iginal Qf the Indenture be retained until we rec6ive word from Mr. Kibrick _that title is fisted in,him or e r'4 ests its reco At abouf that time, he will likely�e seeking a uilding permit for theproposed apartments and it may be necessary to place both the building permit and the Indenture in escrow with the title company so that the building permit can be delivered to Mr. Kibrick and the Indenture recorded at the proper time. 4�v %� WWC:mec Walter W. Charamza r Encs. City Attorney cc - City Manager Planning Director Director of Building and Safety Gendel & Raskoff CITY OF NEWPORT BEACH CALIFORNIA August 29, 1963 Triangle Subdivisions t�7 z t 13535 Ventura Blvd.t7 Sherman Oaks, California Attention: Mr. Leonard Kihricia�: Dear Mr. Ki.brick: This is a follow -upon our conversation in your Caribe Balboa renting office on August 27. You will recall that I visited you in response to several complaints ve have received from residents of the area concerning the following: 1. Rental of boat slips to non -tenants. You informed we that you would "consider" renting boat slips to non -tenants on a month -to -month basis, pending completion and rental of the apartments. Since your property is toned R-4, slip rentals to non -tenants are prohibited unless you first obtain a variance. Farther, since you presumably mould wish to rent three or more slips., a business license approved by the City Council would also be necessary. Until these conditions are satisfied, any slip rental to a person who is not a tenant of Caribe Balboa will be in violation of the. Municipal Code. We fully appreciate your desire to realize maximum revenue from your slips and will be glad to advise you of the procedure to follow in applying for a variance and business license. The granting of a variance and business license, of course, mould be a policy matter to be determined by the Planning Commission and City Council. 2. Construction debris on public beach at Fernando Street end. Your informed ere that if the dinghies at the street and are temporarily relocated you will promptly remove the cement, stones, and other debris deposited by your workmen and replace the clean sand that was there previously. The Orange County Harbor Department will temporarily remove the dinghies if you will contact them a day in :advance. You should phone Howard Dengbausen, Assistant Harbor Master, at 673-"40. 4 { i 0 6 3. "No Parking" signs. The residents in the area expressed an understaadiog of your need for an un-blocked temporary truck entrance to your build- ing site. They object, however, to the statement on the sign that the "no parking" includes Saturdays and Sundays, since construction does not occur on those days. This seems to be a reasonable complaint and is obviously a source of irritation among your neighbors, particularly in view of the acute parking shortage that exists in the area. We suggest, therefore, that you have your workman remove the referents to Saturdays and Sundays. 4. Construction debris on Fernando Street end. During our discussion in your office you agreed to keep the street and free of dirt and other debris that falls from trucks as they enter and leave the construc- tion site. A simple solution would be to have one of your workmen at the end of each Work day sweep the dirt to the side of the street and then remove it. A certain amouat of debris on public streets during the course of a major construction project is unavoid- able. Nevertheless, under the Municipal Code the developer is responsible for keeping public streets free of debris deposited by him and we request that you do so. The purpose of this letter is to alert you to conditions that should be corrected. if you have any questions, please lot us know. Sincerely, Te-1, THOM R. CHILDS Assistant to City Manager THC/kd CC: Donald Elder, City Councilman Robert Coop, City Manager Howard Denghausen, Assistant Barbor Master Nei City .i►tt+esoey City Cl4V � Public ModLr Krwtor suitaus A gaiety linctor PYrrAi&S 9hreater