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HomeMy WebLinkAboutC-4892 - Agreement (for Non-Standard Improvements for 3719 Ocean Boulevard)90-028068 SD RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk/ - tL ' -�JL City of NewportBeach Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92658-8915 Space above this line RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA 2:30 P.M. JAN 1 7 1990 a.veidoe.4RECCRDER $13 00 , c l 4 _ tEC'1 �1ED for Recorder's use only. JAN 29 1990 CITY CLEAN CITY OT NEWPORT BEACH AGREEMENT THIS AGREEMENT is made and entered into this day of 90 , 19*, by and between Mark E. Hurwitz, an unmarried man, whose mailing address is 100 West Chapman Avenue, Orange, California 92666; 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: WHEREAS, OWNER desires to construct certain non-standard improvements (hereafter "IMPROVEMENTS") within the public right-of-way of Ocean Boulevard ((hereafter "EASEMENT") that is located adjacent to that certain parcel of land that is commonly known as 3719 Ocean Boulevard, Corona del Mar, California, and that was acquired by OWNER by grant deed recorded as Document No. 89-435474 in Official Records of Orange County, California, and is also described in the legal description attached hereto as EXHIBIT "A", and WHEREAS, said improvements may interfere with CITY's ability to construct, operate, maintain, and replace CITY facilities within EASEMENT; and WHEREAS, CITY desires to condition approval of construction of IMPROVEMENTS within EASEMENT; and WHEREAS, the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to permit OWNER to construct IMPROVEMENTS; NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree as follows: 1. It is mutually agreed that IMPROVEMENTS shall be defined as retaining walls, raised planters, stairways, landings, handrails, and other 1 of 4 additional landscaping or improvements other than ground cover or standard concrete patio or flatwork at grade, none exceeding three (3) feet in height measured above the level of the back of the public curb on said Ocean Boulevard, and none encroaching more than twenty two (22) feet into said Ocean Boulevard. 2. CITY will allow OWNER to construct, reconstruct, install, maintain, use, operate, repair and replace said IMPROVEMENTS and all facilities and appur- tances necessary and incidental thereto, over CITY's facilities. 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 IMPROVEMENTS and all facilities and appurtenances necessary and incidental thereto, in substantial conformance with Exhibit "B" hereto attached. Trees or other deep root growths are specifi- cally excluded from the definition of IMPROVEMENTS and shall not be planted in or on the EASEMENT under any circumstances whatsoever. b. OWNER shall maintain IMPROVEMENTS and facilities in accordance with general prevailing standards of maintenance, and pay all costs and expenses incurred in doing so. However, nothing herein shall be sonstrued to required OWNER to maintain, replace or repair any CITY -owned pipeline, conduit or cable located in or under said IMPROVEMENTS. c. That should CITY be required to enter onto EASEMENT to exercise its primary rights associated with EASEMENT, 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 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 IMPROVEMENTS affected by such work by CITY; (iii) CITY agrees to bear the portion of the costs of any removal of IMPROVEMENTS. 2 of 4 (iv) OWNER agrees to pay all costs for renewal or restoration of the IMPROVEMENTS. d. 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 manner connected to the construction, use, maintenance or renewal of the 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 APPROVED AS TO FORM: By (�!�(( — By Cfl f y Attorney ATTEST: ie1.14r40---) City Clerk --- STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE On in and for known to me City o Mayor , 19 W, before me, tj undersigned, a Notary Public rsonally appeared ayor of the City of New rt Beach .nd , known to me to be the City Clerk of the n to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. e State, bg„th e�G1 Newport Beach I�fl�v WITNESS my hand and official seal. OFFICIAL SEAL SHAUNA LYN OYLER NOTARY PUBLIC • CALIFORNIA ORANGE COUNTY My Comm. Expir.15 Jan. 15, I9CS 0 Notary Public in anr said kstate 3 of 4 OFFICIAL SEAL SHAUNA LYN OYLER NOTARY PUBLIC • CALIFORNIA ORANGE COUNTY My Comm. Expires J. 1G, 1933 January 16, 1993 STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On Ditei,fiati , 1989, before me, the undersigned, a Notary Public in and for said State, personally appeared /jiff),/{ £ U /T,? , 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. i OFFICIAL SEAL EDITH M. DOYLE NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY A4y Commission Exp. Feb. 8. 1991 imbigmenONOPPOO, Notary Public in and f r said State 4 of 4 EXHIBIT "A" The real property in the City of Newport Beach, State of California, County of Orange, described as follows: The southeasterly 50.00 feet of that portion of -Block A of Corona Del Mar_, as shown on a map recorded in Book 3, Pages 41-and 42 of --miscellaneous maps, —records of —Orange County, California, described as follows: Beginning at a point on the southwesterly line of Ocean Boulevard, northwesterly 155.39 feet thereon from the most easterly corner of said Block A, said point being also the northerly corner of the land described in deed to George Maurice Tassel, and wife, recorded April 29, 1948 in Book 1757, Page 549 of official record of said Orange County; thence northwesterly 100.00 feet along said south— westerly line of Ocean Boulevard; thence, in a southwesterly direction, at right angles with said southwesterly line of Ocean Boulevard, to the southwesterly line of said Block A; thence southeasterly along said southwesterly line of Block A to the westerly corner of said Tassel land; thence northeasterly along the northwesterly line of said Tassel land to the point of beginning. RXCEPT THAT PORTION THEREOF, IF ANY HERETOFORE OR NOW LYING BELOW OR SEAWARD OF THE LINE OF MEAN HIGH TIDE OF THE PACIFIC OCEAN. ,X' IBIT "A"