The URL can be used to link to this page

Home My WebLink AboutC-2177 - Agreement for Non-Standard Improvements (for 303 43rd Street)r N RECORDING REQUESTED AND WHEN RECORDED RETURN TO: U City Clerk City of Newport Beach Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92659-1768 Space above this lir. 92=261339 RECORDING REQUESTED BY STEWART TITLE COMPANY RECORDED IN OFFICIAL REOORDB OF ORANGE COUNTY, CALIFORNIA -1112 AM APR 2 2'92 Q • `yg * RECORDER AGREEMENT FOR NON-STANDARD IMPROVEMENTS //�////i� THIS AGREEMENT is made and entered into this day of [�j�, 1992, by and between Robert H. Jessen, whose mailing address is 303 43rd Street, Newport Beach, (hereinafter referred to as "OWNER"), and the City of Newport Beach, California, a municipal corporation organized and existing under and bre ue\ of its Charter and the Constitution and the laws of th'-,tJ' � California, (hereinafter "CITY"); ; gCEjo _JMay 1 X92 W I T N E S S E T H -ca. TMOK metrial aE0 WHEREAS, OWNER desires to retain certain non-standard improvements (hereinafter "NON-STANDARD IMPROVEMENTS") within the public right-of-way block adjacent to OWNER'S property, ---Block 243 of Canal Section as shown in Book 4, Page 98 of Miscellaneous Maps in the office of the County Recorder of orange County, California, with street address known as 303 43rd Street, Newport Beach, California; and WHEREAS, said non-standard improvements may interfere with CITY'S ability to construct, operate, maintain, and replace CITY and other public facilities and improvements within public right- of-way; and WHEREAS, said improvements may interfere with the general public's ability to freely use the public right-of-way for its intended use; and WHEREAS, CITY desires to condition approval of said non- standard improvements to remain; and WHEREAS; the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to Permit OWNER to permit said non-standard improvements to remain within the public right-of-way; and NOW, THEREFORE, in consideration of the mutual promises, the 1 parties hereto agree as follows: 1. It is mutually agreed that the non-standard improvements and appurtenances within the public right-of-way adjacent to OWNER'S property are defined as wood piling retaining walls, sunken wood deck, and concrete block wall as shown on EXHIBIT "A" which is attached hereto and incorporated herein by this reference. 2. OWNER shall maintain the non-standard improvements for so long as OWNER has said non-standard improvements in accordance with general prevailing standards of maintenance and in conformance with plans and specifications to be approved by City Building and Public Works Department, and shall pay all costs and expenses incurred in doing so. 3. OWNER and CITY agree that the non-standard improvements shall be removed from the public right-of-way if either of the following occur: a. The City Council determines that it is in the best interests of the public to have the non-standard improvements removed from the public right-of-way; or b. The CITY is required to enter into the public right-of-way owned by CITY to exercise its primary rights associated with the public right-of-way, including, but not limited to the maintenance, removal, repair, renewal, replacement or enlargement of any existing or future public facilities. 4. The following is the procedure to be followed if removal of the non-standard improvements is required: (i) CITY shall notify OWNER of its intention to accomplish such work, if an emergency situation does not exist. (ii) OWNER shall be responsible for arranging for any renewal or restoration of the non-standard improvements affected by such work by CITY; (iii) CITY agrees to bear the portion of the costs solely allocated to any removal of the non-standard improvements. (iv) OWNER agrees to pay all costs for renewal, restoration or replacement of the non-standard improvements. 5. OWNER shall indemnify and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any mariner connected to the construction, use, maintenance, repair or renewal of the non-standard improvements and use of the public right-of-way for said non- standard improvements. 6. 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 2 OWNERS' interest in the land whether fee or otherwise; 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 APPROVED AS TO FORM: !� City/Atto ney Mayes" ATTEST: OWNER: By: !/ City Cle STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE ) Robert ssen On , 1992, before me, the undersigned, a Notary Public in and for the State, personally appeared Phil Sansone , 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. OFFICIAL SEAL SHAUNA LYN OYLER Notary Public in and for said State NOTARY PUBLIC• CALIFORNIA ORANGE COUNTY My Comm. Expires Jan. 16. 1995 STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE ) On %��(/> 31 , 1992, before me, the undersigned, a Notary Public in and for the State, personally appeared Robert H. Jessen , known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is (are) subscribed to the within instruction and acknowledged that he/she/they executed the same. i C Notary Public in an for sa d State sm L SEALN OYIER - CALIFCRN�ACC7lTY Jzn. 15, 19:3 3 0+00.00 43rd STREL co m m>< I_ - C) co CD mco 9-0 0 :;o 9oom co Z R 0 VER AVENUE m ::o c� MI-_ I G- - -- - - - - - - - - - - - -- - - - - - G - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 2+2OW - E.C.R. BEG. RED CURB —4210— m . . m -10 x 0+46.00 END RED CURB m x 0 CD m F - 7'K CD\l 1+04.00 END NEW SIDEWALK I — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — --------------------------- =f = = = = = = EX. 8" ACP WATER \\I I -Wpp r. C-) 1+1D24.50m x J C)1\ BEG. EX. BULKHEAD co U) M 33 Q 1+20.00 4 EX BULKHEAD 15' 1E 3 5 =1 �Wlfflmfilficot . .......... / // NO. 303 I / 43rd STREET q1z' s EXIST. SIDEWALK Fy O ENCROACHING WOOD PILE RETAINING WALL RNO SUNKEN WOOD DECK 1+04.00 END NEW SIDEWALK ENCROACHING CONCRETE BLOCK WALL 27 Mar 1992 0-+36.70 BEG. END TEL, POLE WALL DRIVEWAY 0+50.00 END TEL. POLE WALL m m Ix w . � C) CD CL) _0 U) m < - C) I UfJ m :K m m SUNKEN WOOD DECK & BENCHES r. C-) 1+1D24.50m x J C)1\ BEG. EX. BULKHEAD co U) M 33 Q 1+20.00 4 EX BULKHEAD 15' 1E 3 5 =1 �Wlfflmfilficot . .......... / // NO. 303 I / 43rd STREET q1z' s EXIST. SIDEWALK Fy O ENCROACHING WOOD PILE RETAINING WALL RNO SUNKEN WOOD DECK 1+04.00 END NEW SIDEWALK ENCROACHING CONCRETE BLOCK WALL 27 Mar 1992