HomeMy WebLinkAboutC-2187 - Agreement for non-Standard Improvements (for 343 Santa Ana Avenue);.I NO CONSIDERATION
V
RECORDii\l; REQUESTED BY AND
WHEN RECORDED RETURN TO: E„CMPT RECORDING REQUEST PER
City C1 erk/tf7a� �' ' GOVERNMENT CODE 6103
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663-3884
Space above this line for Recorder's use only
EXEMPT
C14
AGREEMENT FOR NON-STANDARD IMPROVEMENTS
86:494175
THIS AGREEMENT is made and entered into this /,A, day of
1986, by and between WAYNE J. AUSTERO, whose address is 343
Santa Ana Avenue, Newport Beach, California, 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";
W ITNESSET H:
in the
Street
to Lot
WHEREAS, OWNER desires to construct non-standard parkway improvements
public rights -of -way of Santa Ana Avenue (100 feet in width); Beacon
(60 feet in width), and La Jolla Drive (40 feet in width), all adjacent
60, Tract 444 as per map recorded in Book 19, Page 29 of Miscellaneous
Maps in the office of the County Recorder of Orange County, California; and
WHEREAS, CITY desires to condition approval of construction of said
non-standard improvements within public rights -of -way; 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 the mutual promises, the par-
ties hereto agree as follows:
1. It is mutually agreed that:
a. "Non-standard improvements" shall be defined as stone flatwork
at grade; stone walls in Beacon Street and La Jolla Drive not exceeding three
(3) feet above the top of the adjacent curb; and stone walls in Santa Ana Avenue
not exceeding eighteen (18) inches above the top of the adjacent curb; and
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY. CALIFORNIA
_3 oo PM OCT ZO '86
COUNTY
RECORDER
86:494175
b. Stone walls shall not encroach within four (4) feet of the
face of the curbs on La Jolla Drive and Beacon Street; nor within eight (8) feet
of the face of the curb on Santa Ana Avenue.
2. CITY will allow OWNER to construct, reconstruct, install, maintain,
use, operate, repair and replace said non-standard improvements. CITY will
further allow OWNER to take all reasonable measures necessary or convenient in
accomplishing the aforesaid activities.
3. 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 as shown on
said Exhibit "A" hereto attached.
b. OWNER shall maintain the aforesaid non-standard improvements
in accordance with general prevailing standards of maintenance, and pay all
costs and expenses incurred in doing so.
c. Should CITY be required to enter onto said public rights -of -
way owned by CITY to exercise its primary rights associated with said public
rights -of -way, including, but not limited to, the maintenance, removal, repair,
renewal, replacement or enlargement of the existing or future facilities, CITY
may remove portions of the non-standard improvements, as required, and in such
event:
(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) OWNER shall pay any costs of renewal or restoration of the
non-standard improvements.
2 of 3
86:494175
PP,PROVED AS TO FORM:
( •
r r,,
CityCityjm torney
d. OWNER agrees to indemnify and hold harmless CITY, its officers,
agents and employees from 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.
4. 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, 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
By 4:1)11
ATTEST:
i
4l2 - f By Ce
City Cler
Mayor Pro T
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
On ;},, / , 1986, before me, the undersigned, a Notary
Publicin an for said State, personally appeared Teo
1 known to me t be the Mayo of the City of
Newpor each, and fLo,a��,�� , known to me
to be the City Clerk of the City of Newport BA h, known to me to be the
persons whose names are subscribed to the within instrument, and
acknowledged to me that they executed the same.
WAYNE J. AUSTERO
T1 111L JJ II1j 1nal
OFFICIAL SEAL
DOROTHY L. PALEN
NOTARY PUBLIC • CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
My Commission Exp. Apr. 5, 1989
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
On 67//� , 1986, before me, the undersigned, a Notary
Public in and for said State, personally appeared J. J-feet,
, known to me (or proved to me ont e basis of
satisfactory evidence) to be the person(s) described in, and whose name(s) is
(are) subscribed to the within instrument and acknowledged that he/she executed
the same.
d and official seal.
Notary Public` n and for said State
OFFICIAL SEAL
DO ALD L. WEB8 JR.
Notary Public - California
ORANGE COUNTY
My Commission Expires Oct. 26, 1987
Notary Public in and for said State
3 of 3
11
3
SANTA ANA AVE.
to
EXHIBIT "A"