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Home My WebLink AboutC-3703(A) - Agreement for Non-Standard Improvements (3601 Ocean Boulevard) EP 88-314RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk/' 741='''' City of Newport Beach P.O. Box 1768 3300 Newport Boulevard Newport Beach, CA 92658-8915 ID r— Cn V EXtNMPT RECORDING REQUEST PER CODS r1( 89=105542 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA -422 PM FEB 2 8 '89 >4c- Q unrry RcoECORDER AGREEMENT FOR NON-STANDARD IMPROVEMENTS THIS AGREEMENT is made and entered into this , k gay of February 1989, by and between DONALD G. AND CYNTHIA ZELLNER, husband and wife, whose address is 6 Royal St. George, Newport Beach, California, hereinafter referred to as "OWNER", and the CITY NEWPORT BEACH, a municipal nized and existing under and by virtue of its Charter and t the laws of the State of California, hereinafter referred t WITNESSETH corporation,•Q._ he Cons .<'4ftI''1 tin o as fY �1�`0 be 11 WHEREAS, OWNER owns a parcel of real property located in the 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 southerl 1-feet of said Lot 13, said real property is also known as 3601 Ocean Boull: d RCor a del Mar, California; and ccoi. �� WHEREAS, OWNER desires to construct non-standard improve -,nts �� t'cfi`.�� ..' (hereafter "non-standard improvements") within a six -foot -wide stor easement (hereafter "STORM DRAIN EASEMENT"), the center of said STORM D 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: 1 of 3 I. It is mutually agreed that: 89-105542 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 .)WNER 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. 2 of 3 89=105542 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 NEWPORT BEACH, a Municipal Corporati.n APPROVED AS TO FORM: By torney Mayor OWNER ATTEST: By City Jerk STATE OF CALIFORNIA) ) ss COUNTY OF ORANGE ) Do Cynthia Le -liner Ord- 4 , / 7 , 198, before me, the undersign , a Not ry � Public in and for said State, personally appeared �2( '4Ara rsS , known to e to b the Mayor of the City of Newport Beach, and Q.44_ a-GZ�Cd , known to me to be the City Clerk of the City of Newp rt ach, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. __�JoLiIN�S,��t►1G,h.d►�d official seal. OFFICIAL SEAL SHADNA LYN OYLER NOTARY PUBUC - CALIFORNIA ORANGE COUNTY My Comm. Exaires Jan. 16,1993 STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) Notary Public in and ,/ or said State On 3 ��y i a, , 1989, before me, the undersigned, a Notary Public in and for said State, personally appeared` oh , A, (-. ZP c',,,.ee' and LLnie /? , known to me (or proved to me 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. OFRCIAL SEAL OR�110E ��OIMIW IM Comm. E>'p. Doe. 25,1900 _„(2_ Notar-y-Public in and for sai d-SA nr--) (____,A____,,, -a- 3of3 R9 105542 AP - CITY OF NEVIPORT BEACH PUBL I C WORKS DEPARTIYIisNT SKETCH FOR ENCROACHMENT PERMIT No. LP t=>-7-2,<, , Aid/ OCEAN 8LL/®. L®T 7R4e7V257 Ctol 7vic• • ROW 5148 p: — O E4N BLPO. Job Aclrlro!: Da Tr.:1 rl,liu W l) 49_4.—V-10 ►,Ai=61i1-1411' t. if 5To".�1 ESAIT AmWA-Y EXhi/B/T �I •