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RESOLUTION NO. 9692
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A COVENANT AND AGREEMENT
TO CREATE THE REQUIRED FIRE SEPARATION BETWEEN
THE PROPOSED STRUCTURE AT 119 AGATE AVENUE
AND A CITY STRUCTURE, BUT IN THE EVENT THE CITY
CANNOT ACCOMMODATE THE REQUEST, THE APPLICANT
SHALL PROVIDE THE REQUIRED FIRE SEPARATION
WHEREAS, Use Permit 1921 has been considered by the
City Council to allow the construction of a commercial /residential
structure adjoining the City's Park Site on property located
at 119 Agate Avenue, on the north - westerly side of Agate Avenue
between Park Avenue and the south bay front on Balboa Island; and
WHEREAS, the building code of the City of Newport Beach
requires fire separation between the proposed commercial /residential
structure on the property located at 119 Agate Avenue and
potential structures to be built on City Park Site located
adjacent thereto and within ten (10) feet of the proposed
commercial /residential structure; and
WHEREAS, the City Council does not comtemplate at
this time that City structures will be built within ten (10) feet
of the structure proposed to be located at 119 Agate Avenue; and
WHEREAS, the City council is willing to enter into a
covenant and agreement with the owner of the property located at
119 Agate Avenue whereby the City agrees to provide the adequate
fire separation between any proposed structure on its Park Site
and the building to be constructed at 119 Agate Avenue provided
that should the City determine at any time in the future to
construct a structure on its park property closer than the required
fire separation from the commercial /residential structure at 119
Agate Avenue, that the owner of the structure at 119 Agate Avenue
will make such physical modifications to said building as will
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fully comply with the building and fire regulations of the City
of Newport Beach then in effect; and
WHEREAS, the City Council has considered the terms
and conditions of the proposed covenant and agreement in regards
to the above matters.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that the Mayor and City Clerk are hereby
authorized to execute a covenant and agreement to create the
required fire separation between the proposed commercial /residential
structure at 119 Agate Avenue and any City structures to be
located in the City Park Site located adjacent thereto based upon
the terms and conditions hereinbefore set forth.
BE IT FURTHER RESOLVED that the City Clerk is hereby
directed and authorized to cause the covenant and agreement to be
recorded in the official records of Orange County, California.
ADOPTED this 10th day of December
ATTEST:
-A, ",
CITY CLERK
OATB, SEC ] 4 1979
-2-
P �/t d
MAYOR
, 1979.
HRC /ap
12/10/79
- ;- wRYIPIED AS T O°fGINAL
_ ... .......-•--- -
- ----- - ...... _..
GffY CLERK Of THE CITY OF h: J,'F i _'; " ACH
OATB, SEC ] 4 1979
-2-
P �/t d
MAYOR
, 1979.
HRC /ap
12/10/79