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HomeMy WebLinkAboutC-4213 - Agreement (for Non-Standard Improvement - 507 Edgewater)VJ & RECORDING REQUESTED BY: ROBERT H. BURNHAM, CITY ATTORNEY, NEWPORT BEACH WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92663 88-389Z45 EXEMPT C14 RECORDED tN OFFICIAL RECORDS OF ORANGE COUNTY. CALIFORNIA -1202 PM AUG 9'88 COUNTY RECORDER AGREEMENT This Agreement, made this / day of JLJ. 1988, by and between the CITY OF NEWPORT BEACH, a ,Mu icipal Corporation and Charter City (hereinafter City) and METHOD -ART CORPORATION, NANN Von OPPENHEIM and TEX Von OPPENHEIM, (Von Oppenheims) is made with reference to the following facts: A. On November 9, 1987, the City Council of the City of Newport Beach, in conjunction with approval of revisions to the Lindo Avenue Street End, determined to remove two (2) large sugar gum trees located within and along the easterly boundary of the Lindo Avenue right-of-way and immediately adjacent to the Von Oppenheims' residence located at 507 Edgewater, Newport Beach, California, the legal description of which is: "Lots 107, 108, and 109 of the Subdivision of Block "A" East Newport, as per map recorded in Book 4, Page 51 of Miscellaneous Maps, in the office of the county recorder of said county." B. The Von Oppenheims prevented the City from removing the two (2) large trees, obtaining a court order preventing such removal; and C. The City and Von Oppenheims have now agreed to a revised street -end plan that will allow the trees to remain; and D. An arborist retained by Von Oppenheims has determined that the plan agreed upon will, if correctly implemented, not present a significant threat to the near term health and welfare of the two (2) large trees; and E. It is the intent of the parties that the Von Oppenheims will refrain from making claims against the City relative to any loss, claim or damages caused to the Von Oppenheims and their property, by the falling or movement of the two (2) 88-389245 -rge trees so long as no further change is made to the street -end that could cause the said falling or movement or otherwise adversely affect the health and welfare of the two (2) large trees. NOW, THEREFORE, the parties hereby agree as follows: 1. Von Oppenheims hereby agree to refrain from making claims or bringing suit against the City and its officers, employees, agents, and representatives, with respect to any property damage, personal injury or other loss caused to Von Oppenheims, by the falling or movement of the trees, or any part thereof. In addition, in the event a claim is made against the City, its officers, employees, agents, or representatives by an insurance company due to the making of a claim by Von Oppenheims against such company for such property damage, personal injury or other loss caused to Von Oppenheims, by the falling or movement of the trees, Von Oppenheims shall defend, indemnify and hold the City, its officers, employees, agents, and representatives harmless against any such insurance company claim. 2. Von Oppenheims' said agreement is contingent upon the following: A. City's implementation of the modified plan in accordance with the terms, standards and specifications contained in Exhibit "A" in a workmanlike fashion; and B. Subsequent to completion of the construction, the absence of any activity on the part of the City, or pursuant to its direction or consent, that could cause the said falling or movement or otherwise adversely affect the health and welfare of the two (2) large trees. 3. This Agreement shall be recorded in the records of the Orange County Recorder, and shall thereupon be binding upon subsequent owners of 507 Edgewater, Newport Beach, California. CITY BY: VII NEWPORT BEACH •o.- Cit NANN rt H. _"Burnham, Attorney 22; Von OPPENH .✓METHOD A BY• NANN Von Its: CORP:'e• TION H M STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE L. 88-389245 On the ` day of July, 1988, before me, the undersigned, a notary Public in and for said State, personally appeared NANN VON OPPENHEIM, known to me (or proved to me on the basis of satisfactory evidence) to be the person that executed this instrument, and acknowledged to me that she executed the same. 0. 0 SFAT.1 WITNESS my hans3---and official seal. Public in a d for said State. STATE OF CA IFORNIA COUNTY OF'7r 1.1-1 } SS. On I j Tfd before me, the undetsiLuied, a NotaryPublic i t nd for paid County and State, 1 personally appeared O(ppoc, known to me to be the psi _eden#, a.td , known to me to be '�h Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknow•ledg o me that such corporation executed the within instrumen purs nt to its by -I or a resolution of its board of directors 0 Signatu a 0 0 5 a. a. c J 5 v 3 3 D 88-389245 STATE OF CALIFORNIA ORANGE Iss. COUNTY OF I On J ULY 18, 198R ,before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT H. BURNHAM, KNOWN TO ME TO BE THE CITY ATTORNEY OF THE CITY OF NEWPORT BEACH Document: Agreement personally known to me (or proved to me on the basis of satis- factory evidence) to be the person( whose nameXA isXaXe sub- scribed to the within instrument and acknowledged to me that he/0MM executed the same. t� WITNESS my hand and official seal. OFFICIAL SEAL MAUREEN L HUFFMAN NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My comm. expires NOV 3, 1989 SAFECO (This area for official notarial seal) [l/R8 NUT DETAIL N.T.S. �ri fir:......... r: ....� t1t PROJECT LOCATION Mrit i?=;i`�-TJ loftArir6f J.crul'„� • =�1 1 0 g, uJ,r r Ar roman devagro. ,Putr itsi Ar s..✓r b CYt .`rr. Jr. J,I l.•,.N�. III EXHIBIT A GE NCRAL 1. ALL war.11TA11C0 ON THESE ►EMS TO NC KNr, SHALL, ERUPT AS OINCRWISC STATED IN THE CIT, PROVISIONS, OR IN THIS COHIMACI•S SPECIAL PROYiL CONSTRUCTED IN ACCORDANCE WITH MI *STANDARD SPLt.A, PUBLIC WORKS CONSTRUCTION,• LABS EDITION, MO SWPLL• LIME. 2. EXISTING WDERGRODHD UTILITES ME SHOWN AS PER AVAILABLE THE CONTRACTOR SHALL BE RESPONSIBLE FOR VERIFYING THE ACTUAL LOCATION. MD ELEVATION IN THE FIELD. PRIOR TO BEGINNING CONSTRUCTION. 0 0 0 0 0 O O 0 0 Il 0 16 1T a) CONSTRUCTION NOTES REMOVE EXISTING MOP INLET. REMOVE EXISTING 1NTtR)ERR(NG PORTIONS 12• STORM GRAIN. CONSTRUCT Cult INLET 0L-A KR APPLICABLE PORTIONS Cr CM STD-IDS-1. (L • 5'). CUT MINIMUM OPINING THROUGH NMHOLE COVER DOR SLUICE GTE OPERATING NUT, REMOVE EXISTING CURB. REMOVE EXISTING PCC ROADWAY. REMOVE EXISTING PCC SIDEWALK.. RE,DYE MD REPLACE EXISTING R•.TICK PCC SIDEWALK. INSTALL 12• ACr (3750 01 STOM CRAIN. INSTALL CONCAETE rift EOLLM PER DUB STD-3134. INSTALL 12•.DINETEA SLUICE ATE, CONSTRUCT 1"-THICK KC SIDEWALK. REMIT EXISTING RICKS MD STORE KATI? Cm Tit ADJACENT PROPERTY, CONSTRUCT PCC ONE RR CNA STO.IB2.l., TTK 0. C005TRUC1 6•-THICK KC ROADWAY. INSTALL 6•-SDUARN 1R17y1 DRAIN NOD_L 200S N WITH N1CRL 1ROM2R CRATE, MITE STAINLESS STEEL SCREWS, ADJACENT TO SEAWALL. INSTALL 64 PVC SCHEDULE 40 DRAIN PIPE. INSTALL 6• PVC !00 BARD. - ._ - • .. _ . 7M0TALL 6. 1 6• PVC ADAPTOR. INSTALL 6• PVC TO RAIN Y1M000H BACK or CATCH marsh 1r110,n AND IIE2NBTALL WOWS. 044.4005 • 41 4o .0 t' —, .4 u44 •VL 1 M•—.y.. an, .,. aM .ri.A S _ ,0n 4l.4.4 4 •aa. •4.4 4. •.r, n nrt r'•..» tRR. •M1•/Y PAI „J,AI JH JVAV �,.. Ii 0A 1546t4i II 171Kti fia • ashoorl/ftkf neAcorar gm }»MIT "miff Cec.Or aIwPbRI�awl oarRf-r