HomeMy WebLinkAboutC-5460(A) - Non Standard Agreement (for 1100 West Coast Highway)7�
RECORDING REQUESTEC ND
QWHEN RECORDED RETURN TO:
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_7' Public Works Department
U) City of Newport Beach
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659-1768
Recoraea in the county of orange, california
Gary L. Granville, III Clerk/Recorder
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19980540982 11;40am 08/18/98
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Space above this line for Recorder's use only.
NON-STANDARD AGREEMENT
THIS AGREEMENT is made and entered into this day of
1998, by and between Levon Gugasian (hereinafter "OWNER"), and the City o Newport
Beach, California, 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 "CITY"),
"OWNER" is the owner of property located at 1100 West Coast Highway, Newport Beach,
California and legally described as Lots 36, 37, and 38, Tract 1210 (hereinafter "SUBJECT
PROPERTY"), as shown on a map recorded in Book 40, Pages 45 and 46, inclusively of
Miscellaneous Maps in the office of the County Recorder of Orange County, California;
WHEREAS, Owner owns and operates a Commercial Building at 1100 West
Coast Highway; and
WHEREAS, in 1998, the City of Newport Beach approved Planning Director's Use
Permit No.31 authorizing construction of a commercial building and imposed a condition that
allows the OWNER to install/construct/maintain/remove certain non-standard improvements
(hereinafter "PERMITTED IMPROVEMENTS") within twelve (12') feet (on the southerly side of
the property and adjacent to West Coast Highway for street widening purposes) of Lots 36, 37,
and 38, Tract 1210 as shown on a map recorded in Book 40, Pages 45 to 46 inclusively of
Miscellaneous Maps in the office of the County Recorder of Orange County, California; also
known as 1100 West Coast Highway, Newport Beach, California; and
WHEREAS, the CITY desires to permit installation/construction/maintenance/removal
of PERMITTED IMPROVEMENTS subject to OWNER'S commitment to meet sight -distance
requirements per City Standard 110-L at all times, Conditions of the Planning Director's l,"::e
Permit No.31, and remove the PERMITTED IMPROVEMENTS, at their sole cost and
expense, prior to commencement of construction of any public improvements which will
require removal of the PERMITTED IMPROVEMENTS.
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NOW, THEREFORE, in cor ,aeration of mutual promises the pa, .s agree as follows:
1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as a
24-inch high raised concrete vehicle display patio slab, 5-foot high wrought iron fencing with 6-
foot high by 24-inch square stucco finished pilasters, 44-inch wide concrete walkway, signage,
planters with landscaping (i.e. "Washingtonia Robussta" palms, 24-inch to 30-inch high
"Lingustrum" hedge, turf/ground cover, and etc.), and appurtenances in that southerly 12'
portion of the property for street purposes, as shown on EXHIBIT "A" attached hereto and as
approved by the City Engineer. In addition, landscaping within southerly 12' portion of the
property for street purposes shall meet sight -distance requirements per City Standard 110-L at
all times.
2. The CITY hereby grants permission to OWNER to
install/construct/maintain/remove PERMITTED IMPROVEMENTS as shown on Exhibit "A".
Installation/construction of PERMITTED IMPROVEMENTS shall be in accordance with the
permit issued by the Building Department of the City of Newport Beach, and OWNER shall
maintain the PERMITTED IMPROVEMENTS in good condition and repair.
3. OWNER agrees to remove the PERMITTED IMPROVEMENTS within (30) days
after written notice that the City of Newport Beach intends to utilize that portion of the property
on which the PERMITTED IMPROVEMENTS is installed for street or other public purposes.
The CITY shall not send such notice to OWNER unless funds for construction of the
improvements have been budgeted, plans for the improvements have been approved by the
City Council and construction is to commence within sixty (60) days from the date on which
notice is given. In no event shall OWNER be required to remove the PERMITTED
IMPROVEMENTS prior to the time that other similarly situated owners are required to remove
improvements within the southerly 12' portion of the property for street purposes.
5. This Agreement shall remain in full force for period of twenty (20) years from the
date of execution, 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 in
the Office of the County Recorder of the County of Orange, State of California.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the day and voar first above written.
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APPROVED AS TO FORM:
City Attorney
ATTEST: �.
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Z'.
G�tt.POri��P,
CITY OF NEWPORT BEACH,
a Municipal corporation
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City d. .F
OWNER:
By:
City Clerk
STATE OF CALIFORNIA
) ss:
COUNTY OF ORANGE )
On 41,5 , 1998, before m 4l/1personally appeared
personal) now to me (or proved to me on
the basis of satisfacto evidence) to be the person(s) whose name is re subscribed to the
within instrument and knowledged t e tha i her/they executed the same in his/her/their
authorized capacit ), and that bher/th ' signature, on the instrument the person(s)
or the entity upon b alf of which the persons(�acted, e,)(ecuted the instrument.
Y'
WITNES y hand and official seal.
Notary Public in and fors State
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
— :...=.
SHAUNA LYN OYLER
Commission # 1164749
Z Notary Public - California
Orange County
OMY Comm. Expires Dec 5, 20001
(This area for official notarial seal)
n . .
On - -�1 �i , 1998, before me Q)a-�.-, I personally appeared
JA d a. ` V196rson-A known to me Fe -,@U Lo-nis-cr1
the to be the perso (s w se nam ( is/ re ubscribed to
within instrument a cknowledged to me tha his/ er/ hey xecuted the same in his/her/ eir
authorized capacit (ies , and that by his/her/ heir ignatur s on the instrument the perso s
or the entity upon be alf of which the person s cted, executed the instrument.
WITNESS my hand and official seal.
Notary Public tia Adfor said State
CATHY FISHER
Commission # 1174329
Notary Public - California
Orange County
My Comm. Bakes Feb 21, 2002
(This area for official notarial seal)
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