HomeMy WebLinkAboutC-4557(J) - Agreement for Non-Standard Improvements (for 617 Clubhouse Avenue){ I
! 90- 1 4E29 RECORDED IN OFFICIAL RECORDS
r OF ORANGE COUNTY, CALIFORNIA
RECORDING REQUESTED BY AND 2.30
WHEN RECORDED RETURN TO: P.M. APR 1 1 1990
CITY CLERK /- y -P4."¶
CITY OF NEWPORT BEACH
3300 NEWPORT BOULEVARD [1:111
4 a. (r;3 ,6 RECORDER
P.O. BOX 1768
NEWPORT BEACH, CA 92659-1768A.
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Space Above This Line For Recorder's Use Only APR A a
CITY OFK
AGREEMENT FOR NON-STANDARD IMPROVEMENTS olli BEA01
THIS AGREEMENT, made and entered into this 3O day of
At/GUST , 1989, by and between v)OLN E. MORRISON
whose mailing address is 4/7
��v fiQti-s_ iteE_Aal- 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";
WITNESSETH
WHEREAS, OWNER desires to retain certain existing improvements
(hereinafter "nonstandard improvements") within the public right-
of-way adjacent to OWNER's property, Lot 9 , Block , of
Canal Section as shown in Book 4, Page 98, of Miscellaneous Maps
and Records of Orange County, California, with street ddress
known as !�/7 Clut hoU5'e. Ar,fetw'e, hife4pert 13eacti ; and
WHEREAS, said non-standard improvements may interfere with
CITY'S ability to construct, operate, maintain, and replace CITY
facilities within the public right-of-way; and
WHEREAS, said improvements may interfere with the general
public's ability to freely use the public right-of-way for its
intended use; and
WHEREAS, CITY desires to condition approval of said non-
standard improvements to remain; and
WHEREAS, the parties hereto desire to execute an agreement
providing for fulfillment of the conditions required by CITY to
permit OWNER to permit said non-standard improvements to remain
within the public right-of-way; and
NOW, THEREFORE, in consideration of their mutual interests, the
parties hereto agree as follows:
1
1. It is mutually agreed that the non-standard improvements
and appurtenances within the public right-of-way adjacent to
OWNER's property are defined in Exhibit A which is attached hereto
and incorporated herein by this reference.
2. OWNER shall maintain the non-standard improvements in
accordance with general prevailing standards of maintenance and in
conformance with plans and specifications to be approved by City
Building and Public Works Department and shall 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 the non-
standard improvements.
3. CITY and OWNER agree that the non-standard improvements
shall be removed from the public right-of-way if either of the
following occur:
a. The City Council determines that it is in the best
interests of the public to have the non-standard improvements
removed from the public right-of-way; or
b. The CITY is required to enter into the Public right-
of-way owned by CITY to exercise its primary rights associated
with the public right-of-way, including, but not limited to the
maintenance, removal, repair, renewal, replacement or enlargement
of the existing or future facilities.
4. The following is the procedure to be followed if removal
of the non-standard improvements is required:
(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) CITY agrees to bear the portion of the costs
solely allocated to any removal of the non-standard improvements.
(iv) OWNER agrees to pay all costs for renewal,
restoration or replacement of the non-standard improvements.
5. 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, repair or renewal of the non-standard improvements
and use of the public right-of-way for non-standard improvements.
2
6. 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 int he Office of the County of 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:
CITY ATTORNEY
ATTEST:
City Clerk
CITY OF NEWPORT BEACH,
a municipal corporation
/"‘1/4
By:
Mayor
OWNER:
3
STATE OF CALIFORNIA
COUNTY OF ORANGE
Not
)
)
ss.
On , 1976, before me, the undersigned, a
ariv Public in d for the State, personally appeared
z✓ r nown to e o be the Mayor of the
City' of Neor ach and , known
to me to be t 4 ity Clerk of the City of Newport Beach, known to
me to be the persons whose names are subscribed to the within
instrument entitled Agreement for Non-standard Improvements and
acknowledges to me that they executed the same.
WITNESS my hand and official seal.
OFFICIAL SEAL
SHAUNA LYN OYLER
NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
My Comm. Wires Jan. 16. 1993
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
SS.
Notary Public in and/ for slid State
On August 30 , 1989, before me, the undersigned, a
Notary Public in and for said State, personally appeared
**Viola E. Morrison** and
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 entitled Agreement for Non -Standard
Improvements and acknowledged that he/he executed the same.
WITNESS my hand and official seal.
iNeNewiewww
OFFICIAL SEAL
LYNNE E. BRIGGS
NOTARY PUBLIC CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
MyCommission Ex . Oct. 16. 1990 •
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Notar is in and or s �° d4 Sta
4
EXHIBIT R
Description of nonstandard improvements within the public right—of—way:
Encroachment 11: Corner of building, 5" high grouted brick planter, and roof overhang.
Encroachment #2: Corner of building with decorative grouted brick and roof overhang.
Location of Encroachments:
Encroachment #1: The corner of building encroaches 0.3' into public right—of—way,
the brick planter encroaches 0.6' into public right—of—way, and
the roof overhang encroaches 2.4' into public right—of—way. The
encroachments are located 62' S'ly from the BCR of Clubhouse Hvenue.
Encroachment 12: The corner of building with grouted brick encroaches 1' into public
right—of—way and the roof overhang encroaches 3.1' into public
right—of—way. The encroachments are located 74' S'ly from the BCR
of Clubhouse Avenue.
PUBLIC RIGHT-OF-WAY
T--
\ BLDG. / - T
•
ROOF
BACK OF CURB - OVERHANG
61?
•
BRICK PLANTER
m
V
rY
•
EXISTING P.C.C. CURB AND GUTTER
CLUBHOUSE AVENUE