HomeMy WebLinkAboutC-3750 - Agreement for Non-Standard Improvements (Sea Island)Space above this line for Recorder's use only
AGREEMENT FOR NON-STANDARD IMPROVEMENTS
Agreement, made and entered into this r-) day of
, 1987 , by and between The Lusk Company, herein-
after referred to as "Developer", the Island Lagoon Homeowners
Association, hereinafter referred to as "Owner", and the City of
Newport Beach, a municipal corporation, organized and existing
under and by virtue of its Charter and the Constitution and the
laws of the State of California, hereinafter referred to as
"City".
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658-8915
87-6177s/
PECgQ060: Nf5f87
This
WITNEETH
WHEREAS, Owner is a non-profit mutual benefit cooperation
formed under the laws of the State of California, and is respon-
sible for the repair and maintenance of certain common areas,
including the private streets, located within the Sea Island
residential Condominium subdivision, herein referred to as "Sea
Island";
WHEREAS, Developer desires to construct certain improve-
ments, hereinafter "non-standard improvements" within Sea Island
as shown on Exhibit "A" attached hereto and made a part herein
by this reference, located along Lot A (Sea Vista Drive), a
private street of Tract 9676, owned by Owner and shown on a map
filed in Dook 482, Page 1 to 6,, inclusive, of Miscellaneous
Maps, Records of Orange County, California; and
WHEREAS, underlying said lot is a public utility easement
granted to City, hereinafter "Easement"; and
WHEREAS, said non-standard improvements may interfere with
City's ability to construct, operate, maintain, and replace
City's public utility facilities within Easement, and
WHEREAS, the underlying public utilities benefit the tract
NOW, THEREFORE, in consideration of their mutual promises,
providing for fulfillment of the conditions required by City to
permit Developers to construct said non-standard improvements
for the benefit of Developer and Owner,
VOW,- in -nensid.sra ,ion of their mutual promises.,
the parties hereto agree as follows:
1. It is mutually agreed that non-standard improvements
shall be defined as textured concrete pavement; guard gates;'
and appurtenances within the Easement as shown on Exhibit "A";
and any additional landscaping or improvements other than ground
cover of standard street improvements.
2. Should City be required to enter said Easement to
exercise its primary rights associated with said Easement,
including, but not limited to, the maintenance, removal, repair,
renewal, replacement or enlargement of the existing or future
public utility facilities, City may remove portions of the
non --standard improvements, as required, and in such event:
(a) City shall notify Owner of its intention to
accomplish such work unless an emergency situation exists so
that prior notice cannot be given;
(b) Owner shall be responsible for arranging for any
renewal or restoration of the non-standard improvements affected
by such work by City;
(c) City agrees to bear the portion of the costs of
any such renewal or restoration of the non-standard improvements
not in excess of the cost which would be incurred for the
restoration or renewal of standard street improvements in the
same location; and
(d) Owner, from the date Owner accepts said
non-standard improvements for maintenance and operation, and
Developer, to said date of acceptance, agrees to pay any costs
of renewal or restoration of the non-standard improvements in
excess of the costs to be borne by City as provided in this
Agreement.
3. It is mutually agreed that this Agreement shall be
binding upon the heirs, successors, and assigns of Owner, and
shall be recorded in the Office of the County Recorder of Orange
County, California.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed on the day and year first above written.
AP ROVED AS TO FORM:
obert H. Burnham, City
Attorney
CITY OF NEWPORTEACH, a Municipal
Corporation
By:
Jo C. ox, Jr., Mayo
-2-
THE LUSK COMPANY, A California
Corporation
ISLAND LAGOON HOMEOWNERS ASSOCIA-
TION, a California non-profit
mutJal benefit corporation
By:
By:
r
STATE OF CALIFORNIA
COUNTY OF ORANGE
)
)
)
SS:
On , 198, before me, the undersigned,
a Notary Public in and for said State, personally appeared
John C. Cox, known to me to be the Mayor of the City of Newport
Beach, and Wanda E. Raggio, known to me to be the City Clerk of
the City of Newport Beach, known to me to be the persons whose
names are subscribed to the within instrument, and acknowledged
to me that they executed the same.
WITNESS my hand and official seal.
STATE OF CALIFORNIA
COUNTY OF ORANGE
)
) ss:
)
Notary Public in and for said State
On April 27 , 1987, before me, the undersigned,
a Notary Public in and for said State, personally appeared
David M. Yeager , known to me to be the President
and --- , known to me to be the ---
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.
i
OFFICIAL SEAL
JACQUELINE F. COFFIN
NOTARY PUBLIC • CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
My Commission Exp. May 26, 1990
STATE OF CALIFORNIA
COUNTY OF ORANGE
CAT. NO. NN00737
TO 21945 CA (1-83)
(Corporation)
STATE OF CALIFORNIA
COUNTY OF Orc-..✓ .3 I_-
On y-I I c72 $, cJl 9 $1 before me, the undersigned, a Notary Public in and for
said State, ersonally appeared E7 ►-tom l t s'4 1 ev s e
)
) ss:
)
Not y / ublic in for said State
}ss.
personally known to me or proved to me on the basis
of satisfactory evidence to be the person who executed
the within instrugnt as the V�>✓
President, and " ti r*0.ra "T. "De h.,
personally known to me or
proved to me on the basis of satisfactory evidence to be
the person who executed the within instrument as the
Secretary of the Corporation
that executed the within instrument and acknowledged
to me that such corporation executed the within instru-
ment pursuant to its by-laws or a resolution of its
board of directors.
WITNESS and and official seal.
Signature
TICOR TITLE INSURANCE
OFFICIAL SEAL
MELANIE FRENCH
NOTARY PUBLIC-CALIFORNIA
ORANGE COUNTY
My Commission Expires Apr. 8, 1989
(This area for official notarial seal)
signed,
hat
O its
d State
CONSTRUCTION LEGEND
(1) TYPICAL DOWNHILL UNIT ENTRY PLAN 2, BUILDING TYPE
(» TYPICAL DOWNHILL UNIT ENTRY PLAN 3, BUILDING TYPE
TYPICAL DOWNHILL UNIT ENTRY PLAN 1, BUILDING TYPE
TYPICAL DOWNHILL UNIT ENTRY PLAN 2, BUILDING TYPE
TYPICAL DOWNHILL UNIT ENTRY PLAN 3, BUILDING TYPE
TYPICAL DOWNHILL UNIT ENTRY PLAN 1 - SEE SHEET U2
TYPICAL UPHILL UNIT ENTRY, PLAN 1, BUILDING TYPE ALB -
(8) TYPICAL UPHILL UNIT ENTRY, PLAN 2, BUILDING TYPE B&C -
4) TYPICAL UPHILL UNIT ENTRY, PLAN 3, BUILDING TYPE A&C -
0' DRIVEWAY, EXPOSED AGGREGATE AND STAMPED CONCRETE - SEE
1• METAL REAR YARD FENCE, 42" HT. - SEE DETAI A7
METAL SIDEYARD FENCE, 6' HT. - SEE DETAIL i,2�
RETAINING WALL WITH 6' METAL FENCE - SEE DETAIL
RAISED PLANTER - SEE DETAIL -
r
17. TURFBLOCK - SEE DETAIL S2-1
18 FIRE ACCESS GATE - SEE DETAIL
19 SLIDING ACCESS LATE - SEE DETAIL � •d1-
20 STAMPED CONCRETE FISHSCALE PATTERN SEE DETAIL
PROJECT F.D. SIGN
EXISTING WALL
, PEDESTRIAN GATE - SEE DETAIL 49`
SHOVEL CUT TURF EDGE - SEE DETAIL
OFFSTREET PARKING - SEE DETAIL --
RETAINING WALL WITH HANDRAIL - SEE DETAIL
MAILBOX - SEE DETAIL
29' STREET I.D. SIGN - SEE DETAIL 7-47_17
ENTRY AND STAIRWELL - SEE DETAIL T `ri: 12. a .
RAISED CURB AND PAVING - SEE DETAIL;
\3/ CAR WASH WATER SOURCE,- SEE DETAIL L1 rc:� •
33
� ENTRY PAVING STAMPED BRICK
ELECTRICAL/MECHANICAL GATE
(X Dim t- r�:mc•�ru� . , : .ter ; ... • .
1
1
1
13
1
1
5)
RETAINING WALL - SEE DETAIL E
I
SIDEWALK AND DRIVE APRONS - SEE GRADING PLANS
F - SEE SHEET U2
D - SEE SHEET U2
D&F - SEE SHEET U2
E - SEE SHEET U2
E - SEE SHEET U2
SEE SHEET U1
SEE SHEET U1 I
SEE SHEET UI
DETAIL h %
I
2
ti/
28
31
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