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HomeMy WebLinkAbout19 - Amend Resolution No. 84-38 Regarding the Vacation of Ticonderoga StreetCTY OF F NEWPORT BEACH City Council Staff Report August 11, 2015 Agenda Item No. 19 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director- (949) 644 -3330, dawebb @newportbeachca.gov PREPARED BY: David Keely, Senior Civil Engineer PHONE: 949 - 644 -3349, dkeely @newportbeachca.gov TITLE: Amend Resolution No. 84 -38 Regarding the Vacation of Ticonderoga Street ABSTRACT: On June 23, 2015, the City Council directed staff to review the vacation of Ticonderoga Street and modify the conditions of approval, eliminating the condition which requires the Newport Crest Homeowners Association to allow Ticonderoga Street to be extended westerly and connect to 15th Street, at such time as 15th Street and Bluff Road are constructed. RECOMMENDATION: a) Adopt Resolution No. 2015 -67, A Resolution of the City Council of the City of Newport Beach, California, Amending Resolution No.84 -38 Regarding the Vacation of Ticonderoga Street and Directing the City Clerk to Record the Resolution with the Orange County Recorder; and b) Authorize the City Manager to execute an amendment to the agreement for Ticonderoga Street dated September 19, 1984 between the City and the Newport Crest Homeowners Association consistent with Resolution No. 2015 -67. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: On May 14, 1984, the City Council of the City of Newport Beach adopted Resolution No. 84 -38 (Attachment C), ordering the vacation of Ticonderoga Street upon the satisfaction and /or completion of certain items, including completion of an agreement between the City of Newport Beach and the Newport Crest Homeowners Association and the requirement that the Newport Crest Homeowners Association agree to allow Ticonderoga Street to be extended westerly and connect to 15th Street, at such time as 15th Street and Bluff Road are constructed (Attachment A). 19 -1 On June 23, 2015, the City Council reviewed the prior vacation of Ticonderoga Street, Resolution 84 -38. The City Council directed staff to review the vacation of Ticonderoga Street and modify the conditions of approval, eliminating the condition which requires the Newport Crest Homeowners Association to allow Ticonderoga Street to be extended westerly and connect to 15th Street, at such time as 15th Street and Bluff Road are constructed and any other conditions that are not applicable. Staff reviewed the City's Circulation Element and Orange County Master Plan of Arterial Highways. None of these documents show an extension of Ticonderoga Street to the future extension of 15th Street and Bluff Road. Staff supports eliminating the condition of approval that requires the Newport Crest Homeowners Association to allow Ticonderoga Street to be extended westerly and connect with 15th Street, at such time 15th Street and Bluff Road are constructed (Condition of Approval 1(e), Resolution 84 -38). Staff recommends that the City Council adopt the attached Resolution (Attachment B) amending Resolution No. 84 -38 regarding the vacation of Ticonderoga Street and direct the City Manager to execute an amendment to the agreement for Ticonderoga Street between the City and the Newport Crest Homeowners Association consistent with Resolution No. 2015 -67. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because the activity is not a project as defined in Section 15378 and has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment A - Location Mao Attachment B - Resolution No. 2015 -67 Attachment C - Resolution No. 84 -38 Attachment D - Existing Agreement for Ticonderoga Street OR84- 400786 19 -2 ATTACHMENT A LEGEND ® PROJECT LOCATION A 15TH STREET WEST d TICONDEROGA ST - N.T.S. O� O Je 5 / � C�gST N /GHwgY CITY OF NEWPORT BEACH LOCATION MAP PUBLIC WORKS DEPARTMENT AUGUST 11, 2015 19 -3 ATTACHMENT B RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING RESOLUTION NO. 84 -38 REGARDING THE VACATION OF TICONDEROGA STREET AND DIRECTING THE CITY CLERK TO RECORD THIS RESOLUTION WITH THE ORANGE COUNTY RECORDER WHEREAS, on May 14, 1984, the City Council of the City of Newport Beach adopted Resolution No. 84 -38, ordering the vacation of Ticonderoga Street upon satisfaction and /or completion of certain items; and WHEREAS, Resolution No. 84 -38 was recorded in the Orange County Clerk /Recorder's office on September 26, 1984, following the satisfaction of those conditions identified in Resolution No. 84 -38 including, but not limited to, the execution of an Agreement for Ticonderoga Street between the City and the Newport Crest Homeowners Association (the, "Agreement "); and WHEREAS, the City and the Newport Crest Homeowners Association (the "Association ") entered into the Agreement on September 19, 1984, which required the Association to allow Ticonderoga Street to be extended westerly and connected with 15`h Street at such time as 15t Street and Bluff Road are constructed to connect to Coast Highway; and WHEREAS, because an extension of Ticonderoga Street is not shown on the City's Circulation Element and the Master Plan of Arterial Highways, the City Council of the City of Newport Beach and the Association desire to eliminate from the Agreement the requirement that the Association allow Ticonderoga Street to be extended westerly and connected with 15th Street; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby affirms that Ticonderoga Street was vacated upon the recordation of Resolution No. 84 -38 subject to the satisfaction of the conditions set forth below: Section 1: Upon recordation of Resolution No. 84 -38 on September 26, 1984, Ticonderoga Street was vacated subject to the reservation and acceptance by the City of an easement over Ticonderoga Street for the purposes of providing public services to just police, fire, trash and other municipal services. Section 2: The Agreement is hereby amended to remove the requirement that the Association agree to extend Ticonderoga Street to connect with 15th Street at such time that 15th Street and Bluff Road are constructed to connect to Coast Highway. Section 3: The City has reserved, and accepted from the vacation, an easement and right, at any time, or from time to time, to construct, maintain, operate, -1- 19-4 replace, remove and renew, sanitary sewers, storm drains and all pertinent structures in, upon, over, and across Ticonderoga Street, and pursuant to any existing franchise or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew or enlarge lines of pipe, conduit, cables, wires, poles and /or other convenient structures, equipment, fixtures for the operation of gas pipelines, telegraphic and telephone lines, street lighting facilities, and the transportation or distribution of electric energy or water, and for incidental or related purposes in, upon and over Ticonderoga Street. Section 4: The City further reserved and accepted from the vacation, an easement for bikeway purposes, across and over the existing bikeway along the southerly parkway of Ticonderoga Street and a right of access to allow the construction, maintenance and repair of the bikeway. Section 5: The City Clerk is hereby ordered to cause a certified copy of this Resolution to be recorded in the Office of the County Recorder of the County of Orange. Section 6: The City Manager is authorized to execute an amendment to the Agreement consistent with this Resolution. Section 7: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3 because the activity is not a project as defined in Section 15378 and has no potential for resulting in physical change to the environment, directly or indirectly. Section 8: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this day of 2015. ATTEST: Leilani I. Brown, City Clerk in Edward D. Selich, Mayor -2- 19-5 r_Iar_1ya►a2101Igo • From: 714 800 -4749 To: Paul Page: 2114 Date: 4212002 2:11:30 PM ;tegaLmlNn �4..c ;� " sms'OP ase R(etpurn, To �. °`" 84- � qC 40025 City G.erk C, p^ *• � CW of Newport Beach 7 RECORDEC IN OFFICIAL RECORDS 3300 Newport BW- OF ORANGE COuNry. crt; Mq"„•A Newport Beach, CA 92663 -3884 E EMBP.T. -10MAM SEP 26'84 No commy n G,� a C Aeca "wi4 RESOLUTION M. + 3 $ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING THE VACATION OF TICONDEROGA STREET AND DIRECTING THE CITY CLERK TO RECORD SAID RESOLUTION WITH THE ORANGE COUNTY RECORDER WHEREAS, the Public Works Director of the City of Newport Beach has presented to the City Council, of the City of Newport Beach that certain legal description and map; copies of which are attached hereto as Exhibits 'A" and 'B" and incorporated herein by reference, which describe and depict that portion of Ticonderoga St., proposed to be vacated; and WHEREAS, the City Council of the City of Newport Beach has approved and adopted said map and legal description and directed the City Clerk file same in proceedings for the vacation of Ticonderoga St.; and WRERHAS, on April 23, 1984, the City Council adopted Resolution No. 84 -35, declaring the City's intention to vacate Ticonderoga St., and thereby set May 14, 1984 as the date of the public hearing to receive testimony from all persons interested in, or objecting to, the proposed vacation of Ticonderoga; WHEREAS, the City of Newport Beach has fully complied with the provisions of the Public Streets, Highways and Service Easements Vacation law (Streets and Highways Code 58300, et.seq.) in the processing of the proposed vacation of Ticonderoga Street; WHEREAS, subject to the conditions of vacation set forth below, the City Council finds, from all of the evidence "Od aoitted, that Ticonderoga St. is unnecessary to present or -_ Prospective public use. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that Ticonderoga Street be vacated subject to the satisfaction of the conditions set forth below; �,.. -, .,�; ..., n.- =.,..e ra n......•__..+•_ve =� n....rn aoaa anm ra n =,.e i .,� a 19 -6 `p From: 714 8000 -4749 To: Paul Page: 3 /14 Date: 41212002 2:11:30 PM 84- 400254 t BE IT FURTHER RESOLVED that the vacation of Ticonderoga St. is conditioned upon the satisfaction and /or completion of the following- 1. That the Newport Crest-Homeowner's Association enter into an agreement with the City of Newport Beach, whereby the Association agrees toe (a) Maintain a policy of insurance, with the City as a named insured, that provides coverage in the sum of one million dollars or more, with respect to any loss, damage or injury, which arises out of, or is in anyway related to, the use of Ticonderoga St. subsequent to the date on which the Resolution of Vacation is recorded; • (b) Indemnify, hold harmless, and defend the City of Newport Beach with respect to any loss, or injury that arises out of, or is in anyway related to the use of Ticonderoga St. subsequent to the date of vacation; (c) Maintain Ticonderoga St. in good condition and repairs (d) Pay 251 of.the cost of a traffic signal to be constructed at the intersection of Ticonderoga St. and Superior Ave. and, prior to vacation, the Association shall deposit, or bond for, the amount of $20,000, which represents approximately 25% of the coat of the signal; (e) Allow Ticonderoga St. to be extended westerly and connected with 15th St., at such time as 15th St, and Bluff Rd. are constructed; (f), Obtain approval of the City through the Public iPOrke Department for the design and ! 2 19 -7 From: 714 8004749 To: Paul Page: 4114 Date: 4/212002 2:11:30 PM r 84- 400254 A e Installation of a guard gate or gates on Ticonderoga St.; 2, The City hereby reserves, and excepts from this vacation, an easement over Ticonderoga for the purposes of providing public services such as police, fire, trash and other Municipal services; 3. The City reserves, and excepts from vacation, an easement and right, at any time, or from time to time, to construct, maintain, operate, replace, remove and renew, sanitary sewers, storm.drains and all pertinent Structures in, upon, over, and across Ticonderoga St., and pursuant to any existing franchise or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew or enlarge lines of pipe, conduit, cables, wires, poles and other convenient structures, equipment, fixtures for the operation of gas pipelines, telegraphic and telephone lines, street lighting facilities, and the transportation or distribution of electric energy or water, and for incidental or related purposes in, upon and over Ticoderoga St.; 4. The City also reserves and excepts from vacation, an easement for bikeway purposes across and over the existing bikeway along the southerly parkway of Ticonderoga St., and a right of access to allow the construction, maintenance and repair of the bikeway. HE IT rURTHER RESOLVED that the City Clerk be, and hereby is ordered, to cause a certified copy of this Resolution and attachments, to be recorded in the Office of the County Recorder of the County of Orange, after such time such time that all conditions imposed upon the vacation are satisfied. 3 0 EM From: 714 800 -4749 To: Paul Page: 5114 Date: 4012002 2:11:30 PM 84- 400254 ADOPM this pay of MAY 14 1994. Mayor yor oc 4 19 -9 3 From: 714 800 -4749 To Paul Page: 6114 Dale: 4!2/2002 2:11:30 PM 64- 400254 All of that certain street known as Ticonderoga Street. 62.06 • feet wide as spawn on a map of Tract RD. 7852 filed in Hook 302. Pa es 7. A.ald 9 of Miscellaneous Maps, Records of Orem County, Cal ifornia. Reservitg therefrom a blanket easement for public utility purposes. 9N F EXHIBIT A nn..rn ionA nnn95d o— 5 19 -10 O Z - From 714 800 -4749 To' Paul Page: 7/14 Date: 422002 2:11:30 PM �S ' ✓' . r - J. �.' - .. a .�.f• 84- 400254 Ak o"o l v �4 r FEE Fin n � ;� ®. • �ml �'; o•. E oil V ^• IPl Ity m A / EXHIBIT B 19 -11 e...�...hi....- n.�ee..e /•T n..... n..e.. F -Naar n.+n Tn 10RA dnn9 Sd n�..e- !. ..f l - Space above this line for recorder's use only AGREEMENT FOR TICONDEROGA STREET THIS AGREEMEIT is made and entered into this AY 6 day of 1984, by and between the CITY OF NEWPORT BEACH, a munici- pal corporation, hereinafter referred to as "CITY" and the NEWPORT CREST HOMEOWNERS ASSOCIATION, hereinafter referred to as "ASSOCIATION." WITNESSETH: WHEREAS, ASSOCIATION desires to enter into an Agreement with CITY to satisfy the conditions of approval for the vacation of Ticonderoga Street as required by Resolution 84 -38 and to construct non - standard street improve - mnts at certain locations on Ticonderoga Street, a private street and public utility easement recorded as Instrument No. C!F g yf of Official Records of Orange County, California; and WHEREAS, the ASSOCIATION is authorized, under its Bylaws and Articles of Incorporation, to enter into this Agreement, and to perform aTl of the duties and obligations required of the Agreement; and WHEREAS, the ASSOCIATION has, in accordance with its Bylaws and Articles of Incorporation, duly authorized the President and Secretary of the Association to execute this Agreement; and WHEREAS, CITY and utility companies have underground and above ground utilities located within said public utility easement; and WHEREAS, CITY desires to enter into an Agreement with the ASSOCIATION as required by Resolution 8438, and to condition approval of construction of said non - standard street improvements over said utility facilities; and WHEREAS, the parties hereto desire to execute an Agreement providing for fulfillment of the conditions required by the City Council under Resolution No. 84 -38 and to permit ASSOCIATION to construct said non - standard improvements; NOW, THEREFORE, in consideration of their mutual promises, the parties hereto agree as follows: Iof5 ATTACHMENT D 19 -12 From: 714 8004749 To: Paul Page: 8114 Date: 41212002 2:11:30 PM 84- 400786 RECORDING REQUESTED BY MID m WHEN RECORDED RETURN TO ,egQ�a, Q0.• 1{�%` RECORDED IN OFFICIAL REGONDS OFORANGE CDUNTY,CAL60RNIA City Clerk City of Newport Beach .26o PM SEP 2684 3300 Newport Boulevard Newport Beach, California 92663-3884 F EXEMPT o4,. G,�,,,.a..� -c N COOMTO CIO Space above this line for recorder's use only AGREEMENT FOR TICONDEROGA STREET THIS AGREEMEIT is made and entered into this AY 6 day of 1984, by and between the CITY OF NEWPORT BEACH, a munici- pal corporation, hereinafter referred to as "CITY" and the NEWPORT CREST HOMEOWNERS ASSOCIATION, hereinafter referred to as "ASSOCIATION." WITNESSETH: WHEREAS, ASSOCIATION desires to enter into an Agreement with CITY to satisfy the conditions of approval for the vacation of Ticonderoga Street as required by Resolution 84 -38 and to construct non - standard street improve - mnts at certain locations on Ticonderoga Street, a private street and public utility easement recorded as Instrument No. C!F g yf of Official Records of Orange County, California; and WHEREAS, the ASSOCIATION is authorized, under its Bylaws and Articles of Incorporation, to enter into this Agreement, and to perform aTl of the duties and obligations required of the Agreement; and WHEREAS, the ASSOCIATION has, in accordance with its Bylaws and Articles of Incorporation, duly authorized the President and Secretary of the Association to execute this Agreement; and WHEREAS, CITY and utility companies have underground and above ground utilities located within said public utility easement; and WHEREAS, CITY desires to enter into an Agreement with the ASSOCIATION as required by Resolution 8438, and to condition approval of construction of said non - standard street improvements over said utility facilities; and WHEREAS, the parties hereto desire to execute an Agreement providing for fulfillment of the conditions required by the City Council under Resolution No. 84 -38 and to permit ASSOCIATION to construct said non - standard improvements; NOW, THEREFORE, in consideration of their mutual promises, the parties hereto agree as follows: Iof5 ATTACHMENT D 19 -12 J From: 714 800 -4749 To: Paul Page: 9114 Date: 42/2002 2:11:30 PM 84- 400786 I. The ASSOCIATION shall maintain a policy of insurance with CITY as a:. an additional insured, that provides coverage in the sum of One Million Dollars ($1,000,000) or more with respect to any loss, damage or injury. which arises out of, or is in any way related to the use of Ticonderoga Street subsequent to the date on which the Resolution of Vacation is recorded; and ASSOCIATION shall require insurance carrier to provide 30 days' notice to CITY prior to the cancellation of any such policy of insurance; 2. The ASSOCIATION shall indemnify, hold harmless, and defend the CITY with respect to any loss or injury that arises out of, or is in any way I related to the use of Ticonderoga Street subsequent to the date of vacation; '� o exceed three million dollars, either individually or totally, per incident; ( 3. The ASSOCIATION shall maintain Ticonderoga Street in good condi- tion and repair; 4. The ASSOCIATION shall pay 25% of the cost of a traffic signal to be constructed at the intersection of Ticonderoga Street and Superior Avenue and prior to vacation, the ASSOCIATION shall deposit, or bond for the amount of Twenty Thousand Dollars ($20,000), which represents approximately 25% of the cost of the signal; 5. The ASSOCIATION shall allow Ticonderoga Street to be extended westerly and connected with 15th Street at such time as 15th Street and Bluff Road are constructed to •connect to Coast Highway; 6. The ASSOCIATION shall obtain approval of CITY through the Public Works Department for the design and installation of a guard gate or gates on Ticonderoga Street; 7. It is mutually agreed that non - standard street improvements shall be defined as any street or sidewalk surfacing within the public utility easement which is not asphaltic concrete or Portland cement concrete with only a "broom" or trowel finish and any planters, minor structures or guard gates within the public utility easement. 8. CITY reserves the right to enter onto Ticonderoga for purposes of fire protection, law enforcement, or utility repair, maintenance, renewal, replacement or enlargement of those facilities under its responsibility. 9. CITY will allow ASSOCIATION to construct, reconstruct, install, maintain, use, operate, repair and replace non - standard street improvements and all facilities and appurtenances necessary and incidental thereto, over CITY's 2 of 5 19 -13 From: 714 800 -4749 To: Paul Page: 10114 Date: 41212002 2:11:31 PM 84- 400)86 steno drain, water, sewer, and street lighting facilities, all in substantial conformance with plans and specifications therefor on file in CITY's Public Works Department. CITY will further allow ASSOCIATION to take all reasonable 6 measures necessary or convenient in accomplishing the aforesaid activities. It will be necessary for the ASSOCIATION to obtain separate authorization for the construction of non- standard improvements over the facilities of the various utility companies. 10. ASSOCIATION and CITY further agree as follows: (a) ASSOCIATION shall construct and install non - standard street improvements and all facilities and appurtenances necessary and incidental thereto, in substantial conformance with plans and specifications therefor on file in CITY's Public Works Department. (b) ASSOCIATION shall obtain an Encroachment Permit from the Public Works Department for work within said easement over CITY utilities and shall obtain permission from the utility companies to perform work which may affect their respective facilities. (c) ASSOCIATION shall maintain the existing Ticonderoga Street asphalt roadway improvements westerly of Intrepid Street westerly entrance. (d) ASSOCIATION shall maintain paved service access to all CITY and utility company facilities at all times. (e) CITY shall permit ASSOCIATION to construct a black wall at the westerly end of Ticonderoga Street as approved by the Public Works Depart- ment provided the ASSOCIATION shall cause wall to be removed (at ASSOCIATION cost) when Ticonderoga Street is extended. (f) ASSOCIATION shall maintain the aforesaid non - standard street 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 ASSOCIATION to maintain, replace or repair-any CITY or utility -owned pipeline, conduit or cable in or under said non- standard street improvements unless ASSOCIATION or its contractors are re- _ sponsible for the damaged facility. A k. (g) That should CITY or utility company be required to enter onto any easements owned by CITY to exercise its primary rights associated with said easements Inc ludin , but not limited to, the maintenance, removal, repair, 3 Of 5 Owe, x .ate. 19 -14 From: 714 600 -4749 To: Paul Page: 11/14 Date: 4!212002 2:11:31 PM r1„v "r Y/f, :+ ? :4r. .:r ..A'S•.: US. •. 64- 400786 renewal, replacement or enlargement of their utility lines, CITY or the utility, 7 company may remove portions of the non - standard street improvements and in such event: r (i) CITY or utility company shall notify ASSOCIATION of its intention to accomplish such work provided an emergency does not exist. .(it) ASSOCIATION shall be responsible for arranging for any renewal or restoration of the non - standard street improvements affected by such work by CITY or utility company. (iii) CITY agrees to bear the portion of the costs of any such renewal or restoration of the non - standard street improvements not in excess of the cost Which would be incurred for the restoration or renewal of standard street improvements in the same location; (iv) ASSOCIATION agrees to pay any costs of renewal or restora- tion of the non- standard street improvements in excess of the costs to be paid by CITY. I1. Should the ASSOCIATION breach the Agreement, CITY shall, at its option, have the right to obtain a court order for specific performance. 12. It is mutually agreed that this Agreement shall be binding upon the heirs, successors and assigns of ASSOCIATION 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. CITY OF NEWPORT BEACH. a Municipal Corporation ATTES By Z yor city Clerk I STAR 0il+UVML& � 64- 400786 MM OF Orange a1L— August 31 1q gq M(orc me, Yne to tIyaea( a "NU Pu6Ep in eM (p1 fn yip Rt rha,vl u u Itlams an Al Ltgh her 6 rson 1TV .. knonn to me or hrovrn n, con �� me basis of cwticfartury ey3aeue to M% to be itn Pte& Whett, Nma.s. are swur � to tip wMI Imhunml, DDFa L vN.EN scot ttIei w!:dpd to me that �! aleaned the tame. KffiME"VXM OFFICE DUM U9 ism Oorothv L. Palen - � ... .. ...:.... n� =....e ra n....,.,..a., t_ve n--Tn ioan nnn7at v=..e. a _, o 19 -15 From: 714 800.4749 To: Paul Page: 12114 Date: 4/212002 2:11:31 PM 84- 400786 renewal, replacement or enlargement of their utility lines. CITY or the utility company may remove portions of the non - standard street improvements and in such event: 7 (i) CITY or utility company shall notify ASSOCIATION of its intention to accomplish such work provided an emergency does not exist. _(ii) ASSOCIATION shall be responsible for arranging for any renewal or restoration of the non- standard street improvements affected by such work by CITY or utility company. (iii) CITY agrees to bear the portion of the costs of any such renewal or restoration of the non - standard street improvements not in excess of the cost which would be incurred for the restoration or renewal of standard street improvements in the same location; (iv) ASSOCIATION agrees to pay any costs of renewal or restora- tion of the non - standard street improvements in excess of the costs to be paid by CITY. 11. Should the ASSOCIATION breach the Agreement, CITY shall, at its option, have the right to obtain a court order for specific performance. 12. It is mutually agreed that this Agreement shall be binding upon the heirs, successors and assigns of ASSOCIATION 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. Al ES City Clerk APPROVED AS TO FORM: 'dity Attorney'�- 4 of S CITY OF NEWPORT BEACH, a Municipal Corporation By N yor NEWPORT CREST HOMEOWNERS ASSOCIATION fn I t By clelE //,', / ,, President By _(,{/ Dv `y____.__ Secretary �� l�1lln lilt✓ t,__ n.-. -- ra .. n__7. 109A 4nn709 n -..e. 9 —f 7 19 -16 From: 711514800 -4749 To: Paul Page: 13114 Dale: 412120022:11:31 PIA 84- 400786 renewal, replacement or enlargement of their utility lines, CITY or the utility company may remove portions of the non - standard street improvements and in such event: (i) CITY or utility company shall notify ASSOCIATION of its intention to accomplish such work provided an emergency does not exist. (ii) ASSOCIATION shall be responsible for arranging for any renewal or restoration of the non- standard street improvements affected by such work by CITY or utility company. (iii) CITY agrees to bear the portion of the costs of any such renewal or restoration of the non - standard street improvements not in excess of the cost which would be incurred for the restoration or renewal of standard l street improvements in the same location; (iv) ASSOCIATION agrees to pay any costs of renewal or restora- tion of the non - standard street improvements in excess of the costs to be paid by CITY. 11. Should the ASSOCIATION breach the Agreement, CITY shall, at its option, have the right to obtain a court order for specific performance, 12. It is mutually agreed that this Agreement shall be binding upon the heirs, successors and assigns of ASSOCIATION 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. CITY OF NEWPORT BEACH, a Municipal Corporation ATTES : C!�o City Clerk SIRE Of VIUMIA 64- 400786 _ e0lmm OF Orange f - U. a August 31, i9 8, Icfine me, the undersigned a No Pub fn a for old State, =9 red �ithard H.�I'.i]1 an� Al L1 htner �rrson�l known dz2e or Drove to me on Tne basis or " ca ti cfarfnry evidPnea le mto me, Un to be Na puam -� eltm wme� _ -a>`a mArcrRed to the nitH4 inahuntat d 'OWTHY L PPAALEN and atkmxledgrd to me that they aeouted the same. WOW KUM - t1nFlmhl,i w: WA OEFCE fN MT= my Mod and oflitiai acaL �Q ! Oaaxlaf C09a1r W CommUim F+a pera 5,L Ooroth_.�L> Palen a of MIT a4.) dIv „N �111e. il eil4aMllCYYlllr- G+IM1LttdIR W ! a SpJM 1N ,ag ernrnH nn� A�en�u /'d Pn. -n.nm M1_Vnar D--TT IOAd 4/IA ]A (. F r+f ] - 19 -17 1 I From: 714 800 -4749 To: Paul Page: 14114 Date: 412120022:11:31 nM srA:E OF CALIFORNIA ) ) ss: COUNTY OF ORA;IGE ) On September 19, 1984, before me,the undersigned a Cotary Public in and for said State, personally appeared Evelyn R. Hart - known to Ire to be the Mayor and Wanda L. Raggio , known to me co be the ity clerk of the Municipal Corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of the Municipal Corporation therein named, and acknowledged to me that such Municipal Corporation executed the within instrument pursuant to a resolution of its City Council. WITNESS my hand and official seal. aNICIM i1AL DOROTHY L PALEN ROTAnr nauc -o nGaX1A 0 M391 a.drilCE In tmniCOParf 0iOnniein E%ft 975. M STATE OF CALIFORNIA ss: COUNTY OF ) 7 otary u in -and tOr sa state OROTHY L. PALEN On this day of , 1984, before me, a Notary uET%in and Tor said tate, personally appeared and personally poem to me or prove to me on the bases o sa is actory evidence ) to be the President and Secretary, respectively, of Newport Crest Homeowners Association, that executed the within instrument and known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument on behalf.of said corporation, and said corporation being known to me (or proved to me on the basis of satisfactory evidence) to be one of the joint ventures.of ' the joint venture that executed the within instrument and ac nom a ge to me that such corpora- tion executed the same both individually and as joint venture of said joint venture and that such joint venture also executed the same- Notary Public in and for said tate 5of5 1 I e 1 , dnn7aF P.— v _+ 7 19 -18 0 Notary Public in and for said tate 5of5 1 I e 1 , dnn7aF P.— v _+ 7 19 -18