HomeMy WebLinkAboutC-4418 - Non-Standard Encroachment Agreement (for 2421 East Coast Highway)RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
P. O. Box 1768
3300 Newport Boulevard
Newport Beach, California 92659-1768
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Recorded in Official Records
of Oran-ae County, California
Lee A. Branch, County Recorder
rase 1 of 4 Fees: 14.00
Tax 1,
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Space above this line for Recorder's use only.
NON-STANDARD ENCROACHMENT AGREEMENT
THIS AGREEMENT is made and entered into this
/777Li day
of,1993, by and between Hashem Kermani, as property owner,
hereinaf r 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 "C11'Y";
WITNESSETH:
WHEREAS, "OWNER" is the owner of real property located at 2421
East Coast Highway, Newport Beach, California 92625, and legally described as Lot
3 in Block B of Tract No. 470 and a portion of Lot 10 in Block 730 of Corona Del
Mar, hereinafter referred to as "property", and;
WHEREAS, "OWNER" desires to construct certain improvements
at 2421 East Coast Highway, Newport Beach, and;
WHEREAS, "OWNER" proposes to install a 4-inch fire service
connection in a non-standard arrangement which will be located in the garage
area, a non-standard location, these installations hereinafter referred to as "non-
standard improvements", and;
WHEREAS, the "non-standard improvements" constitute an
abnormal burden upon the City's ability to maintain said fire service
improvements. As a result, "CITY" requires the "OWNER" to assume all
responsibility for certain piping downstream of the 4-inch branch valve located
in the Alley parallel and north of Fourth Avenue east of Begonia Avenue in
Corona Del Mar, and;
WHEREAS, "OWNER" and "CI'I Y" desire to enter into a written
agreement to set forth the conditions governing the maintenance responsibility
for these "non-standard improvements", and;
NOW THEREFORE, the parties hereto do agree as follows:
1. It is mutually agreed that "non-standard improvements"
shall be defined as all pipes, valves, devices and fittings and their appurtenances,
that lie between the City's 4-inch diameter valve in the aforementioned alley, and
the downstream side of the backflow prevention device located on "OWNER's"
property.
page 1 of 3
2. "OWNER" agrees to maintain the aforesaid "non-standard
improvements" and all related appurtenant facilities and surfaces in accord with
general prevailing standards of maintenance, and shall -pay all costs and
expenses incurred in doing so, and;
3. "OWNER" acknowledges and fully understands that
"OWNER" is responsible for compliance with Title 17 of the California
Administrative Code, which pertains to cross -connection control and the
maintenance and testing and certification of backflow devices, and;
4. "OWNER" shall not be permitted by virtue of this Agreement,
to install any additional, "non-standard improvements" between the backflow
device and the City's branch valve in the "CITY" alley in the future, without first
obtaining all required permits for such work as may be proposed and not without
special permission from "CITY", in writing, for any such additional installations or
construction, and;
5. "OWNER" agrees to defend, indemnify and hold harmless
"C11 Y", its officers and employees with respect to any claim, damage or injury
related to the "non-standard improvements", provided that "OWNERS" shall have
no such obligation if the claim, damage or injury was caused by any officer,
employee or representative of "City", and;
6. "OWNER" agrees that this written Agreement shall remain
in full force and effect from the date first written above; shall run with the land;
and shall be binding upon the heirs, successors, and assigns of "OWNERS" of the
above referenced "property".
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed on the day, month and year first above written.
APPROVED AS TO FORM:
CITY OF NEWPORT BEACH,
a municipal corporation
RobFlory, A.sistaaCity Attorney Clarence J.er, Mayor
ATTEST:
dk/
Wanda Raggio, City
' �.
; Pdge of 3
`q{
Hashem Kermani
Owner
Hashem Kermani, owner
STATE OF CALIFORNIA
ss.
COUNTY OF ORANGE
On A� 5 v: / 7 , 1993, before me, the undersigned, a Notary
Public in and for the State, personally appeared «r►Acr.cc J 7 vat '-
known to me to be the Mayor of the City of Newport Beach and -'AtAS s/6
, 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.
PAT DEIA HUNT
COMM. # 988739
Notary Public — California
ORANGE COUNTY
My Comm. Expires MAR 21, 1997
STATE OF CALIFORNIA
ss.
COUNTY OF ORANGE
otary Public in and for said State
On , 1993, before me, the undersigned, a Notary
Public in and for the State, personally appeared ,
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 instrument, and acknowledged that
he/she executed the same.
WITNESS my hand and official seal.
Notary Public in and for said State
page 3 of 3
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
MEMORANDUM
October 25, 1993
TO: David Gould
FROM: Dick Hoffstadt
Public Works Department
SUBJECT: Non-standard Encroachment Agreement
for 2421 East Coast Highway
I received your copy of the Non -Standard Encroachment Agreement for
2421 East Coast Highway. In the future, please include an Exhibit
"A" with any agreement as it eliminates confusion in the future as
to the intent of the agreement.
The subject agreement does not tell me where the fire service is
located other than in the garage area or where the garage is
relative to the property lines. It is important to know the exact
location of these facilities. The Exhibit "A" is a very important
part of these agreements.
If you have any questions or need additional information, please
feel free to call me at extension 3311.
ichard L. I-(off'stadt
Development/Subdivision Engineer
cc: Jeff Staneart, Utilities Director
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