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