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Home My WebLink AboutC-2052 - Indemnity agreement in connection with sewer encroachmenti > TO: CITY COUNCIL FROM: Public Works Department October 10, 1978 CITY COUNCIL AGENDA ITEM N0. H -Z(b) SUBJECT: INDEMNITY AGREEMENT FOR SIDE YARD IMPROVEMENTS OVER EXISTING CITY SEWER EASEMENT LOCATION: 4 Rue Biarritz (Lot 15 of Tract No. 7809) - -Big Canyon Area OWNERS: Robert and Barbara J. Grant RECOMMENDATION: Adopt a resolution (a) approving the indemnity agreement with Robert and Barbara J. Grant and authorizing the Mayor and City Clerk to execute the indemnity agreement, and (b) authorizing and directing the City Clerk to have the agreement recorded with the Orange County Recorder. DISCUSSION: The owners have proposed to construct a swimming pool which would encroach a maximum width of two feet into a ten - foot -wide public sewer line easement along the side of the lot at 4 Rue Biarritz. The indemnity agreement would allow construction of the encroach- ing portion of the swimming pool and appurtenances as approved by the Public Works Department; and would require that the owners be responsible for removal and restoration of the improvements should the City be required to disturb them for access to the sewer line. The indemnity agreement will run with the property and is to be recorded with the Orange County Recorder. A location map is on the reverse side for reference. Benjamin B. Nolan Public Works Director WBD:jd Att. 1\ ►1 1 �i1 /fo � to I 1 \ 11 h of 1� W Q II . � rr I i it rl I� ;r I Ir � rl II II r; 11 I I Ir . rl II 11 1 1 O� I" I 40 o -41 k <1 \ V�l qr i 4 r.A► r _ N 1 �f W IT lox . 7 �) _ N O- .9s N ip I of V N J 7 1 1 � N1N N. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT E'XH /B /T FO P lmoEwwry .469eemENr Q� r r r 1 . .� 7r i -�n rn n rn m a) I Vl DRAWN GL.W- DATE 9 2B 76 APPROVED PUBLIC WORKS DIRECTOR R.E. NO. DRAWING NO. � Z ca � I" I 40 o -41 k <1 \ V�l qr i 4 r.A► r _ N 1 �f W IT lox . 7 �) _ N O- .9s N ip I of V N J 7 1 1 � N1N N. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT E'XH /B /T FO P lmoEwwry .469eemENr Q� r r r 1 . .� 7r i -�n rn n rn m a) I Vl DRAWN GL.W- DATE 9 2B 76 APPROVED PUBLIC WORKS DIRECTOR R.E. NO. DRAWING NO. RESOLUTION NO. 9 44 1 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 ROBERT AND BARBARA J. GRANT IN CONNECTION WITH LOT 15 OF TRACT NO. 7809 WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain Indemnity Agreement between the City of Newport Beacn and Robert and Barbara J. Grant in connection with Lot 15 of Tract No. 7809; and WHEREAS, the City Council has reviewed the terms and conditions of said Indemnity Agreement and finds 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 Indemnity Agreement above described is hereby approved, and the Mayor and City Clerk are authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 10th day of October , 1978. Mayor ATTEST: City Clerk DDO /kb 10/2/78 6.C'.r'�� INDEMNITY AGREEMENT For Lot 15, Tract No. 7809'L� n THIS AGREEMENT, made and entered into this 7 day of C t 1978, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City," and ROBERT and BARBARA J. GRANT, husband and wife, hereinafter referred to as "Owners," W I T N E S S E T H: WHEREAS, Owners are the owners of that certain real property located at 4 Rue Biarritz in the City of Newport Beach, County of Orange, State of California, which real property is more particularly described as and Lot 15 of Tract No. 7809 as shown on a map filed in Book 304, Pages 38 to 40, inclusive, of Miscellaneous Maps, Records of Orange County, California; WHEREAS, Owners desire to construct a swimming pool and related facilities in and over a ten -foot wide public sewer line easement owned by City within which a public sewer line is located; and WHEREAS, the City desires to condition the construction of said pool and facilities; and WHEREAS, the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by City to permit Owners to construct said pool and facilities in and over the public sewer line easement as set forth herein below, NOW, THEREFORE, in consideration of the mutual promises, ..''� ►J the parties hereto agree as follows: N 1. City will allow Owner to construct, reconstruct, install, maintain, use, operate, repair, and replace a swimming pool which encroaches a maximum width of two (2) feet into an . existing ten -foot wide City -owned sewer line easement, within which is located a public sewer main, on Lot 15 of Tract No. 7809 as shown on a map filed in Book 304, Page 38 to 40, inclusive, of Miscellaneous Maps, Records of Orange County, State of California. In addition, City will also allow Owner to construct, reconstruct, install, maintain, use, operate, repair, and replace appurtenances necessary and incidental to the swimming pool over the said easement. Said swimming pool and related facilities shall be constructed in substantial conformance with plans and specifications which shall be subject to approval by City's Public Works Department. Any subsequent modification of said facilities shall also be subject to approval by City's Public Works Department. Such approval in all cases shall be obtained prior to construction. 2. Owners agree 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 person or property suffered or claimed to be suffered in or on said Lot 15 as a result of construction and /or existence or maintenance of said pool and facilities over said ten -foot wide public sewer line easement and sewer line. 3. Owners further agree that should City be required to enter onto said easement and /or Lot 15, to exercise its primary rights associated with said easement, including but not limited to, maintenance, removal, repair, renewal, replacement, or enlargement -2- M r of the existing sewer line located therein, City may protect in place and /or remove portions of the swimming pool and facilities and appurtenances thereto, at the sole cost of the Owners, and further the City has no obligation to restore or renew or pay for renewal or restoration of those portions of said facilities so removed, and all said costs will be the sole responsibility of Owners. The City shall have the sole right to determine if the swimming pool and facilities and appurtenances thereto are to be protected in place or removed. 4. It is mutually agreed that for the purposes of this agreement, "appurtenances necessary and incidental to the swimming pool" shall include any and all improvements within the said sewer easement other than public sewer facilities. 5. This agreement shall run with the land and shall be binding upon the heirs, successors and assigns of Owners, and 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: City Clerk APPROVED AS TO /FORM: fl il LL U As sj st nt C:rbV Attorney CITY.OF NEWPORT BEACH, a Municipal Corporation By�G��(( Mayor CITY Robert Grant A Barbara J. Qrant -3- t OWNERS .- N N so STATE 01: CALIFORNIA SS 1 COliNTY OF ORANGE ))) On October 31, 1978 before me, the undersigned, a Notary Public in and for said State, personally appeared Paul Rycknff known to me to be the Mayor of Newport BeaCh , 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 r who executed the within Instrument on behalf of the municipal = corporation therein named, and acknowledged to me that such M municipal corporation executed the within Instrument pursuant a to its by -laws or a resolution of its Board of Directors. 4 C WITNESS my hand and official seal. �xtia� {tray as a; > {- +Px a+aaeaa: Signature :C �. / Dorothy L. Palen • SA{O {M16i v�.�.. CMF 0301 -62 None (Typed or hinted) (Seal) • . , - . I � STATE OF CA! IFCP.NLA, ss. i COUNTY of ORANGE i x j lg 78 ON _-- 'Aa AA � c-25 before me, the undarsigned, a Notary Public in and for said State, personally appeared ROBERT _GRANT and BARBARA J. GRANT known to me, OFFICIAL SEAL DANA A. PAVIS NOTARI PUBLIC - CALPORNIA My rnlnm. expires Ccr 7, I97E to be the person 5_ whose names are subscribed to the within Instrument, and acknowledged to me that theY— executed the same. WITNESS my hand and official seal. Notary Public in and for said State.