HomeMy WebLinkAboutC-3703 - Agreement for Non-Standard Improvements (3601 Ocean Boulevard)RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Ci ty Cl erk t1 7
city of Newport Beach
(7 P.O. Box 1768
("' 3300 Newport Boulevard
: Newport Beach, CA 92658-8915
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NO CONSIDERATION
EXEMPT RECORDING REQUEST PER
GOVERNMENT CODE 6103
5T -67l935
1
EXEMPT
8 1 5
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RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY. CALIFORNIA
-4 oo PM DEC 3 '87
// COUNTY
Y� RECORDER
AGREEMENT FOR NON-STANDARD IMPROVEMENTS
THIS AGREEMENT is made and entered into this /, day of ql��,v��-�,.G,
1987, by and between DONALD G. AND CYNTHIA ZELLNER, husband and wife, whose
6 Royal St. George, Newport Beach, California, hereinafter referred
teas "OWNEfZ", and the CITY OF NEWPORT BEACH, a municipal corporation, orga-
C nnzgdird(( , e d sting under and by virtue of its Charter and the Constitution and
the„ l aws�of'Tthe State of California, hereinafter referred to as "CITY";
WITNESSETH
WHEREAS, OWNER owns a parcel of real property located in the City of
Newport Beach, County of Orange, State of California, described as follows:
Lot 13, Tract 1257, as per map filed in Book 38, Page 25 of Miscellaneous Maps,
Records of Orange county, California; excepting therefrom the southerly 10 feet
of said Lot 13, said real property is also known as 3601 Ocean Boulevard, Corona
del Mar, California; and
WHEREAS, OWNER desires to construct non-standard improvements
(hereafter "non-standard improvements") within a six -foot -wide storm drain
easement (hereafter "STORM DRAIN EASEMENT"), the center of said STORM DRAIN
EASEMENT being the westerly line of said Lot 13; and to construct non-standard
improvements within a sewer easement of irregular shape (hereafter "SEWER
EASEMENT") that is located on said Lot 13 adjacent to the northeasterly line of
said Lot 13; and to construct non-standard improvements in the southerly right-
of-way of Ocean Boulevard (hereafter "STREET EASEMENT") adjacent to the
northeasterly line of said Lot 13; and
WHEREAS, said non-standard improvements may interfere with CITY's abil-
ity to construct, operate, maintain, and replace City facilities within said
easements; and
WHEREAS, CITY desires to condition approval of construction of said
non-standard improvements in said public street; and
WHEREAS, the parties hereto desire to execute an agreement providing
for fulfillment of the conditions required by CITY to permit OWNER to construct
said non-standard improvements;
NOW, THEREFORE, in consideration of their mutual promises, the parties
hereto agree as follows:
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I. It is mutually agreed that:
A. Non-standard improvements in STORM DRAIN EASEMENT shall be
defined as retaining walls up to twelve feet in height but below the natural
grade, and a stairway.
B. Non-standard agreements in SEWER EASEMENT shall be defined as a
retaining wall up to eight feet in height but below the natural grade, and a
patio slab.
C. Non-standard improvement in STREET EASEMENT shall be defined as
a driveway approach and pedestrian walkway, both at the natural grade.
II. CITY will allow OWNER to construct, reconstruct, install, maintain,
use, operate, repair and replace non-standard improvements and all facilities
and appurtenances necessary and incidental thereto, in CITY's easements, all in
substantial conformance with plans and specifications therefor on file in the
CITY. CITY will further allow OWNER to take all reasonable measures necessary
or convenient in accomplishing the aforesaid activities.
III. OWNER and CITY further agree as follows:
A. OWNER may construct and install non-standard improvements and
all facilities and appurtenances necessary and incidental thereto, in substan-
tial conformance with plans and specifications therefor on file in the CITY's
Building Department, and as described in Exhibit "A" hereto attached.
B. OWNER shall maintain the aforesaid non-standard improvements
and facilities in accordance with general prevailing standards of maintenance,
and pay all costs and expenses incurred in doing so. However, nothing herein
shall be construed to require OWNER to maintain, replace or repair any
CITY -owned pipeline, conduit or cable located in or under said non-standard
improvements.
C. Should CITY be required to enter onto said easements to exer-
cise its primary rights, associated with said easements, including, but not
limited to, the maintenance, removal, repair, renewal, replacement or enlarge-
ment of the existing or future facilities, CITY may remove portions of the non-
standard improvements, as required, and in such event:
1. CITY shall notify OWNER of its intention to accomplish such
work, if an emergency situation does not exist.
2. OWNER agrees to bear the portion of the costs of any re-
moval of the non-standard improvements.
3. OWNER agrees to make arrangements for and pay all costs for
renewal or restoration of the non-standard improvements.
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i.ssistant
D. OWNER agrees to indemnify and hold harmless, its officers,
agents and employees, from any and all demands, claims, losses or liability on
account of injury or damage to persons or property suffered or claimed to be
suffered as a result of the construction, use, maintenance or renewal of the
non-standard improvements.
IV. OWNER agrees that this Agreement shall remain in full force
and effect from execution thereof; shall run with the land; shall be binding
upon the heirs, successors, and assigns of OWNER's interest in the land whether
fee or otherwise.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed on the day and year first above written.
CITY OF WPO'T, :EACH,
a Muni oratio
APPROVED AS TO FORM:
ATTEST:
torney
Assistant City Clerk
Cyntfii a Zel In
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
On , 1987, before me, the u •ersi •ned„a Notary
Public in end for said State, personally appeared
known to m to be ne May of the City of
Newpoach, and p� , known to me to be the
Assistan CityClerk of the City o Newport Beach, known to me to be the
I�,6/i��'JtX��` Y P
persons whose names are subscribed to the within instrument, and
acknowledged to me that they executed the same.
WITNESS my hand
OFFICIAL SEAL
DOROTHY L. PALEN
NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
My Commission Exp. Apr. 5, 1989
) ss.
COUNTY OF ORANGE
and official seal.
1
On G ,;,1,, qc , 198before me, the undersigned, a Notary
Public in and for said State, p rsonally appeared ,(1 >,�
and ,,�t , , known to me (or proved to mei,on the basis
of satisfactory evidence) to be the persons described in, and whose names are
subscribed to the within instrument and acknowledged that they executed the
same.
n and for said State
OFFICIAL SEAL
DOROTHY L. PALEN
NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
13
Notary Publ. in and for said State
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PUBE_ I C WORKS D E PART!'A E N T
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36 0/ a •EAN BLVD.
LOT /5 T,IcGT 1257
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