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Home My WebLink AboutC-4887(C) - Agreement for Non-Standard Improvements (for 605 36th Street)90-I90Z3j RECORDED IN OFFICIAL RECORDS RECORDING REQUESTED BY AND OF ORANGE COUNTY, CALIFORNIA WHEN RECORDED RETURN TO: 1 CITY CLERK /-X " j 1 tZ CITY OF NEWPORT BEACH3300 NEWPORT BOULEVARD $ / 30C P.O. BOX 1768 a C18 NEWPORT BEACH, CA 92659-1768 2:30 P.M. APR 1 1 1990 a. `143+.ctr eL RECORDER Space Above This Line For Recorder's Use Only AGREEMENT FOR NON-STANDARD IMPROVEMENTS THIS AGREEMENT, made and entered into this ZJ sr day of fi U ti- 5 T , 192, by and between P,9.,' L E. L C''j whose mailing address is 6 ,- .36 rti F RE E 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"; RICEIVED t PR 24 1990 ellY CLERK CITY OF NEWPORT BEACii WITNESSETH WHEREAS, OWNER desires to retain certain existing improvements (hereinafter "nonstandard improvements") within the public right- of-way adjacent to OWNER's property, Lot 3 , Block G36 , of Canal Section as shown in Book 4, Page 98, of Miscellaneous Maps and Records of Orange C unty, California, with street address known as (,Q5 36 P 57'p ?6 ) Akio p&P7i f3e42Ch ; 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 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY CLERK CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD P.O. BOX 1768 NEWPORT BEACH, CA 92659-1768 Space Above This Line For Recorder's Use Only AGREEMENT FOR NON-STANDARD IMPROVEMENTS THIS AGREEMENT, made and entered into this.,% sr day of f} U G-U $ T , 19R , by and between P191. )C E. ,L, E7U,k whose mailing address is Os 36 771 ITRE e j- 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 3 , Block 4136 , of Canal Section as shown in Book 4, Page 98, of Miscellaneous Maps and Records of Orange C unty, California, with street address known as 605 36 5i' 86 , A/P,. j r 7 Se°QCh ; 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 /2 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: E �""�� uAck CITY ATTORNEY ATTEST: City Clerk ` 7) CITY OF NEWPORT BEACH, a municipal corporation By: OWNER: 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ss On �lG/� c.7() , 19%, before me, the undersigned, a No y Public i d for the State, personally appeared k own to me to be the Mayor of the Cit of Netr ort B ch and,�� , known to me to be tIty 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 *Comm. Ex Tres 1zn. 16,1993 otary Public in and for saGCd State STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE On � �L ott , 19 before me, the undersigned, a Notar Pub nd for said State, personally appeared C.L-e -- 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/she executed the same. WITNESS my hand and official seal. OFFICIAL SEAL DOROTHY L. PALEN NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My Cernm. Expires May 25, 1993 Notary Publiin and for said State 4 EXHIBIT A Description of nonstandard improvements within the public right-of-way: Encroachment 11: Exposed aggregate P.C.C. driveway and sidewalk with 1-1/2" wood spacers. Encroachment 12: 18" wide nonstandard P.C.C. driveway and sidewalk. Encroachment 13: 7' high grouted rock (base) and wood mailbox. Location of Encroa hments: Encroachment 11: Exposed aggregate P.C.C. driveway and sidewalk encroach 3' into public right-of-way joining nonstandard P.C.C. driveway and sidewalk. The limits of the encroaching exposed aggregate P.C.C. driveway and sidewalk is from the N ly projected lot line to the Sily projected lot line of said property. Encroachment 12: Nonstandard P.C.C. driveway and sidewalk encroach 4.5' into public right-of-way joining exposed aggregate P.C.C. driveway and sidewalk and existing P.C.C. curb and gutter. The limits of the nonstandard P.C.C. driveway and sidewalk is from the N'ly projected lot line to the S'ly projected lot line of said property. Encroachment 13: Mailbox is 2' from back of curb and adjacent to the projected S'ly lot line of said property. --PROJECTED LOT LINE w z H J CD BACK OF CURB-.\�1 6O5 1 2 WOOD SPRCER PUBLIC RIGHT -OF --WAY • i • • is• • l..•• • ••••• • .I;•• •• • . i• I '1 , :1 I - •• T' . ll I• . �,. : • Lip •• .' • •:•L1•�.� '• • • 1� EXPOSED AGGREGATE P.C.C. DRIVEWAY AND SIDEWALK NONSTANDARD P.C.C. DRIVEWAY AND SIDEWALK �`"--- EXISTING P.C.C. CURB AND GUTTER 36TH STREET