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HomeMy WebLinkAbout9801 - Encroachment at 1409 Dolphin Terrace• RESOLUTION NO. 9801 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING THE ENCROACHMENT PERMIT FOR A REAR YARD ENCROACHMENT AT 1409 DOLPHIN TERRACE AND'AUTHORIZING EXECUTION BY THE MAYOR AND CITY CLERK OF AN AGREEMENT OF THE PROPERTY OWNER TO INDEMNIFY THE CITY FOR ANY LOSS RELATED TO THE ENCROACHMENT WHEREAS, the property owner at 1409 Dolphin Terrace has applied for an encroachment permit to allow for an encroachment of the rear yard slope into a City right -of -way; and WHEREAS, the proposed encroachment is part of a program of slope stabilization undertaken by the property owner; and WHEREAS, the property owner has agreed to indemnify the City of Newport Beach against any loss or damage that may result from the encroachment; and WHEREAS, the City of Newport Beach has no immediate plans to utilize the right -of -way, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that. the application for an encroachment permit for the property located at 1409 Dolphin Terrace is hereby approved subject to the performance of any conditions imposed by the Department of Public Works and on condition that the property owner execute an agreement which indemnifies the City of Newport Beach on account of any damage or loss that may result from such encroachment; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute such an agreement and that the indemnification agreement then be recorded in the Office of the County Recorder of Orange County, California. 0 ADOPTED this 9th _ day of ATTEST: City Clerk CERTIFIED AST ORIGINAL v` _ `d> - --------- --- -- .............. CITY CLERK OF TXE CITY OP XLEV�'PGgt.T Gf H JUN 11 1980 DATE- ------ --- -- ------------------------- - - - - -- • • Mayor Pxb Ten -2- June , 1980. RHB /kv 6/4/80