HomeMy WebLinkAboutC-4506 - Agreement for Non-Standard Improvements (for Lot 38, Tract 1219 on Kings Road)90-680218
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659-1768
$11 00
C14
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
Am30
. DEC 31 1990
c7Sta,rre.ZRECORDER
Space above this line for Recorder's use only
AGREEMENT FOR NON-STANDARD IMPROVEMENTS
THIS AGREEMENT is made and entered into this day of
1990, by and between JACK C. EVANS, whose
mailing address is 343 Via Lido Soud, Newport Beach, California
92663, 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 I T N E S S E T H:
WHEREAS, OWNER owns Lot 38, Tract 1219, as per map recorded in
Book 38, Pages 26 and 27 of Miscellaneous Maps, Records of Orange
County, California), and OWNER desires to construct certain non-
standard improvements (hereinafter "PERMITTED IMPROVEMENTS")
adjacent to his property within the public right-of-way of Kings
Road (60 feet in width); and
WHEREAS, said PERMITTED IMPROVEMENTS may interfere with CITY's
ability to construct, operate,
maintain, and replace CITY
facilities and improvements within RIGHT-OF-WAY; and
WHEREAS, CITY desires to condition approval of construction of
PERMITTED IMPROVEMENTS \,;ithin RIGHHT-OF-WAY to insure that RIGHT-OF-
WAY is reserved for public use or open space and that the rights of
the public in RIGHT-OF-WAY are not diminished by the installation
of the PERMITTED IMPROVEMENTS; 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 PERMITTED IMPROVEMENTS;
NOW, THEREFORE, in consideration of the mutual promises, the
parties hereto agree as follows:
1. It is mutually agreed that RIGHT-OF-WAY is defined as
Kings Road (60 feet in width), adjacent to Lot 38 of said Tract
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1219; and PERMITTED IMPROVEMENTS shall be defined as portland
cement concrete driveway with a minimum thickness of six inches
with stone veneer on the surface. Improvements permitted under
this agreement do not include trees of any sort.
2. CITY will allow OWNER to construct, reconstruct, install,
maintain, use, operate, repair and replace said PERMITTED
IMPROVEMENTS and appurtenances incidental thereto, within a portion
of RIGHT-OF-WAY, all in substantial conformance with plans and
specifications on file in the CITY. 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. It is mutually understood that the rights granted
herein are non-exclusive, and the public is not to be excluded from
any portion of said RIGHT-OF-WAY.
b. OWNERS may construct and install PERMITTED
IMPROVEMENTS and appurtenances incidental thereto, in substantial
conformance with a plan attached to Encroachment Permit No.
370 on file in the CITY's Public Works Department.
c. OWNER shall maintain the PERMITTED IMPROVEMENTS 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 PERMITTED IMPROVEMENTS, except as otherwise provided
herein.
EP 90-
d. If City or other public facilities or improvements
are damaged by the installation or presence of PERMITTED
IMPROVEMENTS, OWNER shall be responsible for the cost of repairs.
e. That should CITY be required to enter onto said
RIGHT-OF-WAY to exercise its primary rights associated with said
RIGHT-OF-WAY, including but not limited to, the maintenance,
removal, repair, renewal, replacement or enlargement of existing or
future public facilities or improvements, CITY may remove portions
of the PERMITTED IMPROVEMENTS, as required, and in such event:
(i)
CITY shall notify OWNER of its intention to
accomplish such work, if any emergency situation does not exist.
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(ii) OWNER shall be responsible for arranging for
any renewal or restoration of the PERMITTED IMPROVEMENTS
affected by such work by CITY;
(iii) CITY agrees to bear only the cost of any
removal of the PERMITTED IMPROVEMENTS affected by such work by
CITY;
(iv) OWNER agrees to pay all costs for renewal or
restoration of the PERMITTED IMPROVEMENTS.
4. OWNER shall indemnify and hold harmless CITY, its City
Council, boards and commissions, officers and employees from and
against any and all loss, damage, liability, claims, suits, costs
and expenses whatsoever, including reasonable attorneys' fees (when
outside attorneys are so utilized), regardless of the merit or
outcome of any such claim or suit arising from or in any manner
connected with the design, construction, maintenance, or continued
existence of the PERMITTED IMPROVEMENTS.
5. 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 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.
APPROVED AS TO FORM:
By:
City Attorney
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CITY OF NEWPORT BEACH,
a Municipal corporation
OWNER
By:
STATE OF CALIFORNIA )
ss:
COUNTY OF NGE
0 /Y , 1990, 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.
OFFI SEAL
SHAUNA LYN OYLER
NOTARY PUBUC - CALIFORNIA
ORANGE COUNTY
My Comm. Expires Jan. 16. 1903
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE
ota
i
Notary Public in and for said State
On CX2eG�iz�� , 1990, before me, the undersigned, a
in and for the State, personally appeared
, known to me (or proved to me on the basis of
atisfactory evidence) to be the person whose name is subscribed to
the within instruction and acknowledged that he executed the same.
y _ Public
• FFICIAL SEAL
SHAUNA LYN OYLER
NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
My Comm. Expires Jan. 16, 1993
Notary Public inC�nd for said State
said
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