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HomeMy WebLinkAboutC-1854 - Indemnity Agreement (for Pedestrian Underpass at Irvine Avenue)RECORDING REQT" "TED AND WHEN RECORDED RETUh, 20: City Clerk 3300 Newport Boulevard Newport Beach, California 21219 n I 1 52PC 997 9:05 A.M. AUG 16 1976 J. WYLIE CARLYLE, Counq Recorder Space Above This Line For Recorder's Use Only Free recording requested by City of Newport Beach pursuant to INDEMNITY AGREEMENT Gov't Code No. 6103 THIS AGREEMENT made and entered into this /2,day of , 1976, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City" and the NEWPORT BEACH GOLF COURSE, a partnership, hereinafter referred to as "Company". W I T N E S S E T H: WHEREAS, Company proposes to construct a public golf course on parcels of leased land described in attached Exhibit "A" incorporated herein by this reference and recorded as Document No. 2226, Book 11501, Page 1506, Records of Orange County, California; and WHEREAS, said golf course is intersected by Irvine Avenue, a heavily traveled public street; and WHEREAS, a condition to permit the golf course construction is required by City in that Company is to provide a pedestrian connection to the golf course on each side of Irvine Avenue; and WHEREAS, Company proposes to construct a pedestrian underpass which will satisfy said condition; and WHEREAS, the parties hereto desire to execute an agree- ment providing for partial fulfillment of said condition. NOW, THEREFORE, in consideration of their mutual W promises, the parties hereto agree as follows: (� 1. City agrees that Company may construct and maintain a private pedestrian underpass, as shown on City of NeVpo`rt � �/,,/ { �S Xj O v'., i u 11852PC 998 Beach Drawing No. R -5286-S (3 sheets) approved on February 16, 1976 and as revised on June 8, 1976. 2. Company agrees to construct, operate and maintain at no cost to City, the underpass described in Paragraph 1 above. 3. Company agrees to promptly repair any dangerous or defective condition of said underpass upon notice or as such condition becomes apparent. Should such condition not be repaired by Company upon reasonable notice, or if an imminent hazard to the public exists, Company agrees that City may make any necessary repairs and the cost thereof shall be chargeable to Company. Company shall reimburse City promptly upon demand for any such costs incurred by City. 4. Company agrees to indemnify and hold harmless City, its officers, agents, employees from all demands, claims, losses or liability on account of injury or damage to persons or property suffered or claimed to be suffered as a result of the construction or existence of the underpass described in Paragraph 1 above. 5. City agrees to maintain the roadway surface of Irvine Avenue above the pedestrian underpass. 6. This Agreement shall run and be effective during the term of Company's leasehold interest in the leased land described above, and for any extensions or renewals thereof. 7. This Agreement shall be binding upon the heirs, successors and assigns of Company's interest in the leased land described above, and shall be recorded in the Office of the County Recorder of Orange County. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be made and executed on the day and year -2- first above written. CITY OF NEWPORT BEACH, A Municipal Corporation By Mayor ATTEST: City Clerk NEWPORT BEACH GOLF COURSE, A Partnership 051 ME APPROVED AS TO FORM: 100 04 City At rney -3 STATE OF CALIFORNIA SS County of Orange 000 On August 11 , 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. _ NNo a U PUR ;C cA�ii o�;�!A IN ,�. PRO t;�si�E COJ �}i y My comn..ission Expires Poi}. 9,_1977 STATE OF CALIFORNIA County of On undersigned, appeared to me to be executed the who executed SS L rf (?aA� Notary Publ' in and for said State 11 1976, before me, the a Notary Public in and for said State, personally ® known to me to be the President, and , known Secretary of the corporation that within Instrument, known to me to be the persons 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 July 30 , 1976, before me, the undersigned, a Notary Public in and for said State, RQKsonally appeared George C. Lane & Steven G. Lane, whose namesAy. subscribed to the within instrument and acknowledged that they executed the same. WITNESS my hand and official seal. "(T�F��GiAL."SEAL,,,,,�,,,,� SUSAN NABAUM m� � zS in iV`vi}lttt 1' . XPi i;liIFORNPA LOS ANGELES COU114TY My Commission Expires Nov 1 1976 Notary Public in and for said State ,,,,,,,,„,,,.,„, ,4 11 SS2Pc 100 1 DELHI DITCH GOLF COURSE All those certain lands partly in the City of Newport Beach, all in the County of Orange,,,State of California, described as follows: PARCEL I That portion of Lots 101, 102, 103 and Birch Street, now abandoned, as shown on a map of Tract No. 706 filed in Book 21, page 25, Miscellaneous Maps in the office of the County Recorder of said County, described as follows: Beginning at the intersection of the Southwesterly line of Mesa Drive as shown on said map with the Southeasterly line of the Santa Ana - Delhi Channel as described in Parcel 102.1 in a deed recorded in Book 1804, pap 432, Official Records of said County; thence along the Southwesterly line of said Mesa Drive the following courses: South 50° 11' 45 " East 552.93 feet; South 640 06' 15" East 323.14 feet; South 69° 36' 15" East 423.89 feet; Southeasterly 214.81 feet along a curve concave Southwesterly having a radius of 192.28 feet through an angle of 64 ° 00' 3011; South 5° 35' 45" East 168.18 feet; Southeasterly 134.95 feet along a curve concave Northeasterly having a radius of 173.37 feet through an angle of 44° 36' 00"; South 500 11' 45" East 30.00 feet to the Northwesterly line of the land described in a deed recorded in Book 2207 page 196, said Official Records; thence South 390 48' 15?' West 100.21 feet along said Northwesterly line to the beginning of a curve therein concave Northwesterly having a radius of 500.00 feet; thence Southwesterly 146.52 feet along said curve through an angle of 160 47' 23"; thence South 560 35' 38" West 188.60 feet along said Northwesterly line to a point on the Southeasterly line of said Parcel 102.1, said point being on a curve concave Westerly having a radius of 265.00 feet, a radial to said point bears South 430 41' 08" East;. thence along the Southeasterly and North- easterly line of said Parcel the following courses: Northerly 499.46 feet along said.curve through an angle of 107° 59' 16"; Westerly 166.38 feet along a compound curve concave Southerly having a radius of 347.7.2 feet through an angle of 270 24' 55"; North 890 05' 20" West 189.89 feet; South 700 54' 40" West 29..24 feet; Westerlv 115.54 feet alone a curve concave Nortnerly Lavin§ a a tan §ent that bears North 89 05 of 27 34' 55"; North 61° 30' 25" westerly 263.65 feet along a cury having a radius of 840.00 feet th 0011; North 43° 31' 25" West 158.2 272.89 feet along a curve concave radius of 540.00 feet through an North 14° 34' 10" 111.5.3 feet; No a curve concave Easterly havin� a through an angle of 500 58' 10 N 95.73 feet to the point of beginn radius of 240.00 feet. from ' 20" West through an angle West 84.33 feet; North - concave Northeasterly ough an angle of 17° 59' L feet; Northwesterly Northeasterly having a Ingle of 28° 57' 15"; =therly 169.02 feet along radius of 190.00 feet )r th 36' 24' 0001 East Lng . EXHIBIT A 41185-22R, 1002 PARCEL II That portion of Block 5, Irvine's Subdivision, as shown on a map filed in Book 1, page 88, Miscellaneous Record Maps in the office of the County Recorder of said County, described as follows: Beginning at the intersection of the Northeasterly line of Mesa Drive as shown on a map of Tract No. 706 filed in Book 21, page 25, Miscellaneous Maps in the office of said County Recorder with the Southeasterly line of the Santa Ana - Delhi Channel as described in Parcel 214 in a deed recorded in Book 5897, page 339, Official Records of said County; thence along the Southeasterly line of said Parcel the following courses: North 36.0 23' 21" East 135.91 feet; Northeasterly 122.13 feet along a curve concave Southeasterly having a radius of 195.00 feet through an angle of 350 53' 05"; North 72° 16' 26" East 409.71 feet; Northeasterly 250.09 feet along a curve concave Northwesterly having a radius of 555.00 feet through an angle of 25° 49' 05"; North 46° 27' 21" East 12.00 feet to a point in the Southerly line of Parcel 116.2 described in a deed for Tustin Avenue recorded in Book 6990, page 624, said Official Records, said point being on a curve concave Southerly having a radius of 940.00 feet, a radial to said point bears North 4° 06' 33" East; thence Easterly 259.78 feet along said curve and Southerly line through an angle of 150 50' 03" to the beginning of a reverse curve therein concave Northerly having a radius of 1060.13 feet; thence Easterly 357.93 feet along said curve and Southerly line through an angle of 19° 20' 41" to the Northwesterly line of said Tract No. 706; thence South 390 48' 15" West 1062.43 feet along said line to the Northeasterly line of said Mesa Drive; thence North - 690 36' 15" West 9.13 feet along said line to an angle point therein; thence North 64° 06' 15" West 312.94 feet along said line to an angle point therein; thence North 50° 11' 45" West 554.20 feet along said line to the point of beginning. PARCEL III That portion of Block 5, Irvine's Subdivision as shown on a map filed in Book 1, page 88, Miscellaneous Record Maps in the office of the County Recorder of said County, described as follows: Beginning at the intersection of the Southeasterly line of the Santa Ana - Delhi Channel as described in Parcel 214 in a deed recorded in Book 5897, page 339, Official Records of said County with the Northerly line of Parcel 116.11 described in a deed for Tustin Avenue recorded in Book 6990, page 624, said Official Records; thence North 46° 27' 21' East 212.30 feet along said Southeasterly line to the beginning of a curve therein concave Northwesterly having a radius of 455.00 feet; thence Northeasterly 56.38 feet along said curve through an angle of 7°.05' S8' to the Southwesterly line of the land described in a deed. recorded in Book 4332, page 308, said Official Records; thence South 50° 11' 45 page 489.84 feet along said South- westerly line to the Northwesterly line of Tract No. 706, as shown on a map filed in Book 21, page 25, Miscellaneous Maps in the office of said County Recorder; thence South 39 48' 15" West 15.06 feet along said Northwesterly line to the Northerly line of Parcel 116.2 as described in said deed for Tustin Avenue, said point being on a curve concave Northerly having a radius of 955.13 feet, a radial to said point bears South 4° 45' 03" East; thence Westerly 157.60 feet along said curve and line through an angle of 9° 27' 14" to an angle point therein; thence North 4° 42' 11" East 15.00 feet along a radial to said curve and the Easterly line of said Parcel to a point on a non -tangent curve concave Northerly having a radius of 940.13 feet and concentric with said 955.13 foot radius curve; thence Westerly 250.07 feet along curve and Northerly line through an angle of 15° 14' 25" to the beginning of a reverse curve therein concave Southerly having a radius of 1060.00 feet; thence Westerly 36.00 feet along said curve and line to the Southeast corner of said Parcel 116.11; thence North 17° 59" 51" East 25.00 feet along the Easterly line of said Parcel to a point on a curve concave Southerly having a radius of 1085.00 feet, a radial to said point bears North 170 59' 51" East; thence Westerly 137.20 feet along said curve and the Northerly line of said Parcel through an angle of 70 14' 43" to the point of beginning. HEC: j 1p 1-19-72