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Home My WebLink AboutC-1844 - Indemnity agreementcl L 12 1976 By the QfY COUNCIL CITY Qf }±IFWMAT 05ACH TO: CITY COUNCIL FROM: Public Works Director 40 (� -I�qq July 12, 1976 CITY COUNCIL AGENDA ITEM NO. G -3 SUBJECT: INDEMNITY AGREEMENT FOR A PRIVATE TENNIS COURT CONSTRUCTED OVER A 24 -INCH DIAMETER WATER LINE SITUATED WITHIN A 15 -FOOT -WIDE EASEMENT LOCATION: Southwesterly Corner of San Miguel Drive and Eastgate Drive (See attached sketch.) OWNERS: Lenerd G. and Sharon E. Thomas, 2220 Newport Hills Drive East (Lot 73, Tract No. 7027) RECOMMENDATIONS: 1. Adopt a resolution approving the Indemnity Agreement and authorizing the Mayor and City Clerk to execute it. 2. Direct the City Clerk to have the Indemnity Agreement recorded by the Orange County Recorder. DISCUSSION: The property owned by Mr. and Mrs. Thomas and known as 2220 Newport Hills Drive East (Lot 73, Tract No. 7027) is burdened by two 15- foot -wide water line easements. One easement belongs to the Metropolitan Water District of Southern California for a 33" diameter water line. The other easement belongs to the City of Newport Beach for a 24" diameter water line. Both water lines existed at the time that Tract No. 7027 was developed. As a consequence, Lot 73 was graded with a "split level ". The rear portion of the wedge- shaped lot which contains the easements and the two water mains is 15 -20 feet higher than the front portion where the house is situated. Mr. and Mrs. Thomas proposed to build a private tennis court on the unused upper level of their lot. As a condition of issuing the grading and build- ing permits for work affecting the City's water line easement, the property owners agreed to execute an Indemnity Agreement. The Agreement recognizes the City's primary easement rights and establishes that the property owners are responsible for any removal and restoration of the tennis court which may be required in order for the City to perform its function of operating and maintaining the water line. The agreement is to be recorded and run with the land. The execution and recordation of the Indemnity Agreement should have the effect of adequately protecting the public interests while allowing reasonable use and enjoyment of private property. /1 Joseph evlin �blic rks Director GPP:jd Att e p W EASTGATE DRIVE O/ /5" W.4TERL 1A1,E EASEMENT TD M. W. O. PER O. R. 12111917 O15' R U. E. TO THE C/TY OF GLASS NEWOORT BEACH PER O. R. 86531¢99 W SEE DETA /L Z � BELOW et i u (Q CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT EA/wiff /T FOR /A/L7EMN /TY AGRE'EMENT FOR Z,FME.QD O. It 8//.4AW V E. THOMAS NOT TO SCALE DRAWN M. E.YrER DATE 7 � Z_ APPROVED PUBLIC WORKS DIRECTOR R.E. NO. — DRAWING NO. 12 1976 By +E» CITY COUNCIL CITY. GF {T+ NO-ORT BEACH r , RESOLUTION NO. rD 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INDEMNITY AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND LENERD G. AND SHARON E. THOMAS IN CONNECTION WITH THE CONSTRUCTION OF A TENNIS COURT OVER A FIFTEEN FOOT WIDE CITY EASEMENT IN LOT 73, TRACT NO. 7027. WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain agreement between the City of Newport Beach and Lenerd G. and Sharon E. Thomas, wherein Lenerd G. and Sharon E. Thomas agree to hold the City harmless from any liability which may be incurred by their construction of a tennis court over a fifteen foot wide public easement on their lot, being Lot 73 of Tract 7027; and WHEREAS, the City Council has reviewed the terms and conditions of said Agreement and find them to be satisfactory and that it would be in the best interest of the City to authorize the Mayor and City Clerk to execute said agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said agreement above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 1„2_ day of :Tc.,, 1976. Mayor ATTEST: City Clerk HRC:yz 7/2/76 CITY OF NEWPORT BEA C H CALIFORNIA July 15, 1976 Mr. J. Wylie Carlyle, County Recorder P. 0. Box 238 Santa Ana, CA 92702 Gity Hall 13,00 W. Newport Blvd. Aiba Code 714 ,8`40 -2251 Attached for recordation is an inde>enitAaraamant with I.anart�G. and \ Sharon E. Thomas � frOM City of Newort Beach "; for construction of private tennis court, purposes.: L Authorized by Resolution No. 8634 . City Manager authorized by Resolution No. 6773 to accept easement deeds. Doris George City Clerk DG:swk enc. Vpn.6 -3U, 1976 (1) CITY CLERK �:.. Viz✓ . FROM: Public Works Department SUBJECT: INDEMNITY AGREEMENT FOR A P ATE TENNIS COURT OVER A 24 -INCH WATER "LINE LOCATED WITHIN A 15 -FOOT WIDE EASEMENT IN LOT 730 TRACT NO. 7027 G3 Attached are the original and two copies of the subject indemnity agreement which have been signed by the property owners, Lenerd G. and Sharon E. Thomas. It is desired to have the agreement considered by the City Council at the meeting on July 12, 1976. The following actions are requested: 1. City Attorney a. Approve the agreement as to form. b. Prepare an appropriate resolution approving the agreement and authorizing the Mayor and the City Clerk to execute it. c. Forward all the copies to the City Clerk. 2. City Clerk a. Present the agreement to the City Council for approval. b. Have the agreement executed by the Mayor and yourself. c. Have the original copy of the agreement recorded by the Orange County Recorder. d. Retain the original copy of the agreement for your files and return the remaining two copies with the applicable recording data to the Public Works Department. The Public Works Department will prepare a separate, explanatory memo to accompany this item on the City Council agenda. a,,,, Benjamin B. Nolan Assistant Public Works Director GPP:hh Attachment I 0 C16y CLC 9 JU1-6 1976' NEval �EpCH, _ .. = 'i..'. .. ... -:° R410�QING REQUESTED BY n D "WHEN RECORDED RETURN 1W City Clerk 3300 Newport Blvd. Newport Beach, California 22576 EXE�+iPT C9 Phis Line INDEMNITY AGREEMENT U i ( R 1 SPC 74n 'RECORDED IN OFFICIAL RECORDS aF ORANGE COUNTY, CA',!F0.' ;N+A 5 MI 2 RI& JUL 16 1976 Past L WYLIE CARLYLE, County Retarder xecoraer's use Free recording requested-by City of.. Newport Beach pursuaxtt to Govt. Code No. 6103. y city Clerk J a w7 rY.•�+.i�l! ryi'IN't' v I !. This Agreement, made and entered into this day of ��,� 1976, by and between the CITY OF NEWPORT BEACH, municipal Corporation, hereinafter referred to as "City ", and LENERD G. THOMAS and SHARON E. THOMAS, husband and wife, as joint tenants, hereinafter referred to as "Owner "; WHEREAS, Owner has constructed a private tennis court on Lot 73 of Tract 7027 as shown on a map filed in Book 264, Pages 9 - 15, inclusive, of Miscellaneous.Maps, Records of Orange County, California; and WHEREAS, said tennis court is constructed over a fifteen foot wide public water line easement owned by City within which a twenty -four inch diameter water main is located; and WHEREAS, as a condition to permit the construction of said tennis court over said public water line easement, City required owner to indemnify and save.harmless'City from any and all liability incurred by or in connection with the construction and maintenance of said tennis court; and WHEREAS, as a further condition of approval of construction of the subject tennis court over said public water line easement, Owner agrees to bear, at Owner's sole expense, the cost of removing any portion of the tennis court and restora- tion of said portion of the tennis court so removed in conjunction with any work necessitated by maintenance, repair, removal, J'( '•, ` -ill; �j�L//� �': �i •r •?i JI I�'I p`y 1? L:7_ il'Ci Y'it �i [ J;,',�� j\ "11815PC 791' renewal, replacement or enlargement of said twenty -four inch diameter water main; 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 tennis court over the public water line easement, as set forth herein above. NOW, THEREFORE, IN CONSIDERATION of their mutual promises, the parties hereto agree as follows: 1. Owner has constructed and may maintain a private tennis court over an existing fifteen foot wide City owned water line easement, within which is located a twenty -four inch diameter water main on Lot 73, of Tract No. 7027 as shown on a map filed in Book 264, Pages 9 - 15, inclusive of Miscellaneous Maps, Records of Orange County, State of California. 2. Owner agrees to indemnify and hold'harmless City, its officers, agents, employees and contractors from all demands, claims, losses or liability on account of injury or damage to persons or property suffered or claimed to be suffered in or on said Lot 73 as a result of the construction of a private tennis court over an existing fifteen foot wide public water line easement and water main. 3. Owner further agrees that should City be required to enter onto said easement, to exercise its primary rights associated with said easement, including, but not limited to, the maintenance, removal, repair, renewal, replacement or enlarge- ment of the existing twenty -four inch diameter water main located therein, the City may remove portions of the private tennis court at the sole cost of Owner and further the City has no obligation to restore or renew or pay for the renewal or restoration of those portions of the tennis court so removed, but said costs will be the sole cost of Owner. 4. W IS ! 5Pe 792 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 made and executed on the day and year first above written. ATTEST: Clerk CITY OF NEWPORT BEACH, A Municipal Corporation B Dr —h /liZdit/ p SHARON E. THOMAS -3- ,0. - 0 N STATE OF CALIFORNIA SS County of Orange Es 1 1815PG 793 On July 14 , 1976 before me, the undersigned, a Notary Public in and for said State, personally appeared Howard Rogers known to me to be the Mayor, and Doris George , known to me to be the City Clerk of the municipal corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the municipal corporation therein named, and acknowledged to me that such municipal corporation executed the within Instrument pursuant to a resolution of its City Council. WITNESS my hand and official seal. y�T_a4, D020iHY L, PALPN'. !. ORAHGc COUNTY q' My_ Com,_nission 'czoi:es Peo. 9, 1977 STATE OF CALIFORNIA ) SS County of ) Notary Pub c in and for said State On 1976, before me, the undersigned, a Notary Public in and for said State, personally appeared , known to me to be the President, and , known to me to be Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within Instrument pursuant to its by -laws or a resolution of its board of directors. WITNESS my hand and official seal. Notary Public in.and for said State STATE OF CALIFORNIA) ) ss: COUNTY OF ORANGE ) On ,Tune 28 , 1976, before me, the undersigned, a Notary Public in and for said State, personally appeared Lenerd G. & Sharon E. Thomas whose names �s °subscribed to the within instrument and acknowledged that _thy executed the same. WITNESS my hand and official seal. Notary Puw is in and for said State 0 RESOLUTION NO. 8 83 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INDEMNITY AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND LENERD G. AND SHARON E. THOMAS IN CONNECTION WITH THE CONSTRUCTION OF A TENNIS COURT OVER A FIFTEEN FOOT WIDE CITY EASEMENT IN LOT 73, TRACT NO. 7027. WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain agreement between the City of Newport Beach and Lenerd G. and Sharon E. Thomas, wherein Lenerd G. and Sharon E. Thomas agree to hold the City harmless from any liability which may be incurred by their construction of a tennis court over a fifteen foot wide public easement on their lot, being Lot 73 of Tract 7027; and WHEREAS, the City Council has reviewed the terms and conditions of said Agreement and find them to be satisfactory and that it would be in the best interest of the City to authorize the Mayor and City Clerk to execute said agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said agreement above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this /2 day of w 1976. ATTEST_ City Clerk Mayo r - - - - - -- -- -- _ HRC:yz 7/2/76