HomeMy WebLinkAbout19 - Amend Resolution No. 84-38 Regarding the Vacation of Ticonderoga StreetCTY OF
F
NEWPORT BEACH
City Council Staff Report
August 11, 2015
Agenda Item No. 19
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director- (949) 644 -3330,
dawebb @newportbeachca.gov
PREPARED BY: David Keely, Senior Civil Engineer
PHONE: 949 - 644 -3349, dkeely @newportbeachca.gov
TITLE: Amend Resolution No. 84 -38 Regarding the Vacation of Ticonderoga Street
ABSTRACT:
On June 23, 2015, the City Council directed staff to review the vacation of Ticonderoga Street and modify
the conditions of approval, eliminating the condition which requires the Newport Crest Homeowners
Association to allow Ticonderoga Street to be extended westerly and connect to 15th Street, at such time
as 15th Street and Bluff Road are constructed.
RECOMMENDATION:
a) Adopt Resolution No. 2015 -67, A Resolution of the City Council of the City of Newport Beach,
California, Amending Resolution No.84 -38 Regarding the Vacation of Ticonderoga Street and Directing the
City Clerk to Record the Resolution with the Orange County Recorder; and
b) Authorize the City Manager to execute an amendment to the agreement for Ticonderoga Street dated
September 19, 1984 between the City and the Newport Crest Homeowners Association consistent with
Resolution No. 2015 -67.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
On May 14, 1984, the City Council of the City of Newport Beach adopted Resolution No. 84 -38 (Attachment
C), ordering the vacation of Ticonderoga Street upon the satisfaction and /or completion of certain items,
including completion of an agreement between the City of Newport Beach and the Newport Crest
Homeowners Association and the requirement that the Newport Crest Homeowners Association agree to
allow Ticonderoga Street to be extended westerly and connect to 15th Street, at such time as 15th Street
and Bluff Road are constructed (Attachment A).
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On June 23, 2015, the City Council reviewed the prior vacation of Ticonderoga Street, Resolution 84 -38.
The City Council directed staff to review the vacation of Ticonderoga Street and modify the conditions of
approval, eliminating the condition which requires the Newport Crest Homeowners Association to allow
Ticonderoga Street to be extended westerly and connect to 15th Street, at such time as 15th Street and
Bluff Road are constructed and any other conditions that are not applicable.
Staff reviewed the City's Circulation Element and Orange County Master Plan of Arterial Highways. None of
these documents show an extension of Ticonderoga Street to the future extension of 15th Street and Bluff
Road. Staff supports eliminating the condition of approval that requires the Newport Crest Homeowners
Association to allow Ticonderoga Street to be extended westerly and connect with 15th Street, at such time
15th Street and Bluff Road are constructed (Condition of Approval 1(e), Resolution 84 -38).
Staff recommends that the City Council adopt the attached Resolution (Attachment B) amending
Resolution No. 84 -38 regarding the vacation of Ticonderoga Street and direct the City Manager to execute
an amendment to the agreement for Ticonderoga Street between the City and the Newport Crest
Homeowners Association consistent with Resolution No. 2015 -67.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California Environmental Quality Act
( "CEQA ") pursuant to Sections 15060(c)(3) of the CEQA Guidelines, California Code of Regulations, Title
14, Chapter 3, because the activity is not a project as defined in Section 15378 and has no potential for
resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at
which the City Council considers the item).
ATTACHMENTS:
Description
Attachment A - Location Mao
Attachment B - Resolution No. 2015 -67
Attachment C - Resolution No. 84 -38
Attachment D - Existing Agreement for Ticonderoga Street OR84- 400786
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ATTACHMENT A
LEGEND
® PROJECT LOCATION
A
15TH STREET WEST
d TICONDEROGA ST -
N.T.S.
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CITY OF NEWPORT BEACH
LOCATION MAP PUBLIC WORKS DEPARTMENT
AUGUST 11, 2015
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ATTACHMENT B
RESOLUTION NO. 2015-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH AMENDING RESOLUTION NO. 84 -38
REGARDING THE VACATION OF TICONDEROGA STREET AND DIRECTING
THE CITY CLERK TO RECORD THIS RESOLUTION WITH THE ORANGE
COUNTY RECORDER
WHEREAS, on May 14, 1984, the City Council of the City of Newport Beach
adopted Resolution No. 84 -38, ordering the vacation of Ticonderoga Street upon
satisfaction and /or completion of certain items; and
WHEREAS, Resolution No. 84 -38 was recorded in the Orange County
Clerk /Recorder's office on September 26, 1984, following the satisfaction of those
conditions identified in Resolution No. 84 -38 including, but not limited to, the execution
of an Agreement for Ticonderoga Street between the City and the Newport Crest
Homeowners Association (the, "Agreement "); and
WHEREAS, the City and the Newport Crest Homeowners Association (the
"Association ") entered into the Agreement on September 19, 1984, which required the
Association to allow Ticonderoga Street to be extended westerly and connected with
15`h Street at such time as 15t Street and Bluff Road are constructed to connect to
Coast Highway; and
WHEREAS, because an extension of Ticonderoga Street is not shown on the
City's Circulation Element and the Master Plan of Arterial Highways, the City Council of
the City of Newport Beach and the Association desire to eliminate from the Agreement
the requirement that the Association allow Ticonderoga Street to be extended westerly
and connected with 15th Street; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Newport Beach hereby affirms that Ticonderoga Street was vacated upon the
recordation of Resolution No. 84 -38 subject to the satisfaction of the conditions set forth
below:
Section 1: Upon recordation of Resolution No. 84 -38 on September 26, 1984,
Ticonderoga Street was vacated subject to the reservation and acceptance by the City
of an easement over Ticonderoga Street for the purposes of providing public services to
just police, fire, trash and other municipal services.
Section 2: The Agreement is hereby amended to remove the requirement that
the Association agree to extend Ticonderoga Street to connect with 15th Street at such
time that 15th Street and Bluff Road are constructed to connect to Coast Highway.
Section 3: The City has reserved, and accepted from the vacation, an
easement and right, at any time, or from time to time, to construct, maintain, operate,
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replace, remove and renew, sanitary sewers, storm drains and all pertinent structures
in, upon, over, and across Ticonderoga Street, and pursuant to any existing franchise or
renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew
or enlarge lines of pipe, conduit, cables, wires, poles and /or other convenient structures,
equipment, fixtures for the operation of gas pipelines, telegraphic and telephone lines,
street lighting facilities, and the transportation or distribution of electric energy or water,
and for incidental or related purposes in, upon and over Ticonderoga Street.
Section 4: The City further reserved and accepted from the vacation, an
easement for bikeway purposes, across and over the existing bikeway along the
southerly parkway of Ticonderoga Street and a right of access to allow the construction,
maintenance and repair of the bikeway.
Section 5: The City Clerk is hereby ordered to cause a certified copy of this
Resolution to be recorded in the Office of the County Recorder of the County of Orange.
Section 6: The City Manager is authorized to execute an amendment to the
Agreement consistent with this Resolution.
Section 7: This action is not subject to the California Environmental Quality
Act (CEQA) pursuant to Sections 15060(c)(3) of the CEQA Guidelines, California Code
of Regulations, Title 14, Chapter 3 because the activity is not a project as defined in
Section 15378 and has no potential for resulting in physical change to the environment,
directly or indirectly.
Section 8: This resolution shall take effect immediately upon its adoption by
the City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this day of 2015.
ATTEST:
Leilani I. Brown,
City Clerk
in
Edward D. Selich, Mayor
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RECORDEC IN OFFICIAL RECORDS
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RESOLUTION M. + 3 $
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH ORDERING THE VACATION OF TICONDEROGA STREET AND
DIRECTING THE CITY CLERK TO RECORD SAID RESOLUTION WITH
THE ORANGE COUNTY RECORDER
WHEREAS, the Public Works Director of the City of
Newport Beach has presented to the City Council, of the City of
Newport Beach that certain legal description and map; copies of
which are attached hereto as Exhibits 'A" and 'B" and
incorporated herein by reference, which describe and depict that
portion of Ticonderoga St., proposed to be vacated; and
WHEREAS, the City Council of the City of Newport Beach
has approved and adopted said map and legal description and
directed the City Clerk file same in proceedings for the vacation
of Ticonderoga St.; and
WRERHAS, on April 23, 1984, the City Council adopted
Resolution No. 84 -35, declaring the City's intention to vacate
Ticonderoga St., and thereby set May 14, 1984 as the date of the
public hearing to receive testimony from all persons interested
in, or objecting to, the proposed vacation of Ticonderoga;
WHEREAS, the City of Newport Beach has fully complied
with the provisions of the Public Streets, Highways and Service
Easements Vacation law (Streets and Highways Code 58300, et.seq.)
in the processing of the proposed vacation of Ticonderoga Street;
WHEREAS, subject to the conditions of vacation set
forth below, the City Council finds, from all of the evidence
"Od aoitted, that Ticonderoga St. is unnecessary to present or
-_ Prospective public use.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that Ticonderoga Street be vacated
subject to the satisfaction of the conditions set forth below;
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84- 400254
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BE IT FURTHER RESOLVED that the vacation of Ticonderoga
St. is conditioned upon the satisfaction and /or completion of the
following-
1. That the Newport Crest-Homeowner's Association
enter into an agreement with the City of Newport Beach, whereby
the Association agrees toe
(a) Maintain a policy of insurance, with the City
as a named insured, that provides coverage in
the sum of one million dollars or more, with
respect to any loss, damage or injury, which
arises out of, or is in anyway related to, the
use of Ticonderoga St. subsequent to the date
on which the Resolution of Vacation is
recorded;
• (b) Indemnify, hold harmless, and defend the City
of Newport Beach with respect to any loss, or
injury that arises out of, or is in anyway
related to the use of Ticonderoga St.
subsequent to the date of vacation;
(c) Maintain Ticonderoga St. in good condition and
repairs
(d) Pay 251 of.the cost of a traffic signal to be
constructed at the intersection of Ticonderoga
St. and Superior Ave. and, prior to vacation,
the Association shall deposit, or bond for,
the amount of $20,000, which represents
approximately 25% of the coat of the signal;
(e) Allow Ticonderoga St. to be extended westerly
and connected with 15th St., at such time as
15th St, and Bluff Rd. are constructed;
(f), Obtain approval of the City through the Public
iPOrke Department for the design and
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84- 400254 A
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Installation of a guard gate or gates on
Ticonderoga St.;
2, The City hereby reserves, and excepts from this
vacation, an easement over Ticonderoga for the purposes of
providing public services such as police, fire, trash and other
Municipal services;
3. The City reserves, and excepts from vacation, an
easement and right, at any time, or from time to time, to
construct, maintain, operate, replace, remove and renew, sanitary
sewers, storm.drains and all pertinent Structures in, upon, over,
and across Ticonderoga St., and pursuant to any existing
franchise or renewals thereof, or otherwise, to construct,
maintain, operate, replace, remove, renew or enlarge lines of
pipe, conduit, cables, wires, poles and other convenient
structures, equipment, fixtures for the operation of gas
pipelines, telegraphic and telephone lines, street lighting
facilities, and the transportation or distribution of electric
energy or water, and for incidental or related purposes in, upon
and over Ticoderoga St.;
4. The City also reserves and excepts from vacation,
an easement for bikeway purposes across and over the existing
bikeway along the southerly parkway of Ticonderoga St., and a
right of access to allow the construction, maintenance and repair
of the bikeway.
HE IT rURTHER RESOLVED that the City Clerk be, and
hereby is ordered, to cause a certified copy of this Resolution
and attachments, to be recorded in the Office of the County
Recorder of the County of Orange, after such time such time that
all conditions imposed upon the vacation are satisfied.
3
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84- 400254
ADOPM this pay of MAY 14 1994.
Mayor yor oc
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64- 400254
All of that certain street known as Ticonderoga Street. 62.06 •
feet wide as spawn on a map of Tract RD. 7852 filed in Hook 302.
Pa es 7. A.ald 9 of Miscellaneous Maps, Records of Orem County,
Cal ifornia.
Reservitg therefrom a blanket easement for public utility purposes.
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EXHIBIT A
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AGREEMENT FOR TICONDEROGA STREET
THIS AGREEMEIT is made and entered into this AY 6 day of
1984, by and between the CITY OF NEWPORT BEACH, a munici-
pal corporation, hereinafter referred to as "CITY" and the NEWPORT CREST
HOMEOWNERS ASSOCIATION, hereinafter referred to as "ASSOCIATION."
WITNESSETH:
WHEREAS, ASSOCIATION desires to enter into an Agreement with CITY
to satisfy the conditions of approval for the vacation of Ticonderoga Street
as required by Resolution 84 -38 and to construct non - standard street improve -
mnts at certain locations on Ticonderoga Street, a private street and public
utility easement recorded as Instrument No. C!F g yf of Official Records
of Orange County, California; and
WHEREAS, the ASSOCIATION is authorized, under its Bylaws and Articles
of Incorporation, to enter into this Agreement, and to perform aTl of the duties
and obligations required of the Agreement; and
WHEREAS, the ASSOCIATION has, in accordance with its Bylaws and
Articles of Incorporation, duly authorized the President and Secretary of the
Association to execute this Agreement; and
WHEREAS, CITY and utility companies have underground and above ground
utilities located within said public utility easement; and
WHEREAS, CITY desires to enter into an Agreement with the ASSOCIATION
as required by Resolution 8438, and to condition approval of construction of
said non - standard street improvements over said utility facilities; and
WHEREAS, the parties hereto desire to execute an Agreement providing
for fulfillment of the conditions required by the City Council under Resolution
No. 84 -38 and to permit ASSOCIATION to construct said non - standard improvements;
NOW, THEREFORE, in consideration of their mutual promises, the parties
hereto agree as follows:
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ATTACHMENT D
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84- 400786
RECORDING REQUESTED BY MID
m
WHEN RECORDED RETURN TO
,egQ�a,
Q0.• 1{�%`
RECORDED IN OFFICIAL REGONDS
OFORANGE CDUNTY,CAL60RNIA
City Clerk
City of Newport Beach
.26o PM SEP 2684
3300 Newport Boulevard
Newport Beach, California
92663-3884 F
EXEMPT
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N COOMTO
CIO
Space above this line for recorder's use only
AGREEMENT FOR TICONDEROGA STREET
THIS AGREEMEIT is made and entered into this AY 6 day of
1984, by and between the CITY OF NEWPORT BEACH, a munici-
pal corporation, hereinafter referred to as "CITY" and the NEWPORT CREST
HOMEOWNERS ASSOCIATION, hereinafter referred to as "ASSOCIATION."
WITNESSETH:
WHEREAS, ASSOCIATION desires to enter into an Agreement with CITY
to satisfy the conditions of approval for the vacation of Ticonderoga Street
as required by Resolution 84 -38 and to construct non - standard street improve -
mnts at certain locations on Ticonderoga Street, a private street and public
utility easement recorded as Instrument No. C!F g yf of Official Records
of Orange County, California; and
WHEREAS, the ASSOCIATION is authorized, under its Bylaws and Articles
of Incorporation, to enter into this Agreement, and to perform aTl of the duties
and obligations required of the Agreement; and
WHEREAS, the ASSOCIATION has, in accordance with its Bylaws and
Articles of Incorporation, duly authorized the President and Secretary of the
Association to execute this Agreement; and
WHEREAS, CITY and utility companies have underground and above ground
utilities located within said public utility easement; and
WHEREAS, CITY desires to enter into an Agreement with the ASSOCIATION
as required by Resolution 8438, and to condition approval of construction of
said non - standard street improvements over said utility facilities; and
WHEREAS, the parties hereto desire to execute an Agreement providing
for fulfillment of the conditions required by the City Council under Resolution
No. 84 -38 and to permit ASSOCIATION to construct said non - standard improvements;
NOW, THEREFORE, in consideration of their mutual promises, the parties
hereto agree as follows:
Iof5
ATTACHMENT D
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84- 400786
I. The ASSOCIATION shall maintain a policy of insurance with CITY as
a:. an additional insured, that provides coverage in the sum of One Million Dollars
($1,000,000) or more with respect to any loss, damage or injury. which arises
out of, or is in any way related to the use of Ticonderoga Street subsequent
to the date on which the Resolution of Vacation is recorded; and ASSOCIATION
shall require insurance carrier to provide 30 days' notice to CITY prior to the
cancellation of any such policy of insurance;
2. The ASSOCIATION shall indemnify, hold harmless, and defend the
CITY with respect to any loss or injury that arises out of, or is in any way
I related to the use of Ticonderoga Street subsequent to the date of vacation;
'� o exceed three million dollars, either individually or totally, per incident;
( 3. The ASSOCIATION shall maintain Ticonderoga Street in good condi-
tion and repair;
4. The ASSOCIATION shall pay 25% of the cost of a traffic signal to
be constructed at the intersection of Ticonderoga Street and Superior Avenue
and prior to vacation, the ASSOCIATION shall deposit, or bond for the amount of
Twenty Thousand Dollars ($20,000), which represents approximately 25% of the
cost of the signal;
5. The ASSOCIATION shall allow Ticonderoga Street to be extended
westerly and connected with 15th Street at such time as 15th Street and Bluff
Road are constructed to •connect to Coast Highway;
6. The ASSOCIATION shall obtain approval of CITY through the Public
Works Department for the design and installation of a guard gate or gates on
Ticonderoga Street;
7. It is mutually agreed that non - standard street improvements
shall be defined as any street or sidewalk surfacing within the public utility
easement which is not asphaltic concrete or Portland cement concrete with only
a "broom" or trowel finish and any planters, minor structures or guard gates
within the public utility easement.
8. CITY reserves the right to enter onto Ticonderoga for purposes
of fire protection, law enforcement, or utility repair, maintenance, renewal,
replacement or enlargement of those facilities under its responsibility.
9. CITY will allow ASSOCIATION to construct, reconstruct, install,
maintain, use, operate, repair and replace non - standard street improvements and
all facilities and appurtenances necessary and incidental thereto, over CITY's
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84- 400)86
steno drain, water, sewer, and street lighting facilities, all in substantial
conformance with plans and specifications therefor on file in CITY's Public
Works Department. CITY will further allow ASSOCIATION to take all reasonable
6
measures necessary or convenient in accomplishing the aforesaid activities.
It will be necessary for the ASSOCIATION to obtain separate authorization for
the construction of non- standard improvements over the facilities of the various
utility companies.
10. ASSOCIATION and CITY further agree as follows:
(a) ASSOCIATION shall construct and install non - standard street
improvements and all facilities and appurtenances necessary and incidental
thereto, in substantial conformance with plans and specifications therefor on
file in CITY's Public Works Department.
(b) ASSOCIATION shall obtain an Encroachment Permit from the
Public Works Department for work within said easement over CITY utilities and
shall obtain permission from the utility companies to perform work which may
affect their respective facilities.
(c) ASSOCIATION shall maintain the existing Ticonderoga Street
asphalt roadway improvements westerly of Intrepid Street westerly entrance.
(d) ASSOCIATION shall maintain paved service access to all CITY
and utility company facilities at all times.
(e) CITY shall permit ASSOCIATION to construct a black wall at
the westerly end of Ticonderoga Street as approved by the Public Works Depart-
ment provided the ASSOCIATION shall cause wall to be removed (at ASSOCIATION
cost) when Ticonderoga Street is extended.
(f) ASSOCIATION shall maintain the aforesaid non - standard street
improvements and facilities in accordance with general prevailing standards of
maintenance, and pay all costs and expenses incurred in doing so. However,
nothing herein shall be construed to require ASSOCIATION to maintain, replace
or repair-any CITY or utility -owned pipeline, conduit or cable in or under said
non- standard street improvements unless ASSOCIATION or its contractors are re-
_ sponsible for the damaged facility.
A k.
(g) That should CITY or utility company be required to enter onto
any easements owned by CITY to exercise its primary rights associated with said
easements Inc ludin , but not limited to, the maintenance, removal, repair,
3 Of 5
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64- 400786
renewal, replacement or enlargement of their utility lines, CITY or the utility,
7 company may remove portions of the non - standard street improvements and in such
event:
r
(i) CITY or utility company shall notify ASSOCIATION of its
intention to accomplish such work provided an emergency does not exist.
.(it) ASSOCIATION shall be responsible for arranging for any
renewal or restoration of the non - standard street improvements affected by such
work by CITY or utility company.
(iii) CITY agrees to bear the portion of the costs of any such
renewal or restoration of the non - standard street improvements not in excess of
the cost Which would be incurred for the restoration or renewal of standard
street improvements in the same location;
(iv) ASSOCIATION agrees to pay any costs of renewal or restora-
tion of the non- standard street improvements in excess of the costs to be paid
by CITY.
I1. Should the ASSOCIATION breach the Agreement, CITY shall, at its
option, have the right to obtain a court order for specific performance.
12. It is mutually agreed that this Agreement shall be binding upon
the heirs, successors and assigns of ASSOCIATION 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 executed on the day and year first above written.
CITY OF NEWPORT BEACH.
a Municipal Corporation
ATTES By Z
yor
city Clerk
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STAR 0il+UVML& � 64- 400786
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84- 400786
renewal, replacement or enlargement of their utility lines. CITY or the utility
company may remove portions of the non - standard street improvements and in such
event:
7
(i) CITY or utility company shall notify ASSOCIATION of its
intention to accomplish such work provided an emergency does not exist.
_(ii) ASSOCIATION shall be responsible for arranging for any
renewal or restoration of the non- standard street improvements affected by such
work by CITY or utility company.
(iii) CITY agrees to bear the portion of the costs of any such
renewal or restoration of the non - standard street improvements not in excess of
the cost which would be incurred for the restoration or renewal of standard
street improvements in the same location;
(iv) ASSOCIATION agrees to pay any costs of renewal or restora-
tion of the non - standard street improvements in excess of the costs to be paid
by CITY.
11. Should the ASSOCIATION breach the Agreement, CITY shall, at its
option, have the right to obtain a court order for specific performance.
12. It is mutually agreed that this Agreement shall be binding upon
the heirs, successors and assigns of ASSOCIATION 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 executed on the day and year first above written.
Al ES
City Clerk
APPROVED AS TO FORM:
'dity Attorney'�-
4 of S
CITY OF NEWPORT BEACH,
a Municipal Corporation
By
N yor
NEWPORT CREST HOMEOWNERS ASSOCIATION
fn I t
By clelE
//,', / ,, President
By _(,{/ Dv `y____.__
Secretary
�� l�1lln lilt✓
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84- 400786
renewal, replacement or enlargement of their utility lines, CITY or the utility
company may remove portions of the non - standard street improvements and in such
event:
(i) CITY or utility company shall notify ASSOCIATION of its
intention to accomplish such work provided an emergency does not exist.
(ii) ASSOCIATION shall be responsible for arranging for any
renewal or restoration of the non- standard street improvements affected by such
work by CITY or utility company.
(iii) CITY agrees to bear the portion of the costs of any such
renewal or restoration of the non - standard street improvements not in excess of
the cost which would be incurred for the restoration or renewal of standard
l
street improvements in the same location;
(iv) ASSOCIATION agrees to pay any costs of renewal or restora-
tion of the non - standard street improvements in excess of the costs to be paid
by CITY.
11. Should the ASSOCIATION breach the Agreement, CITY shall, at its
option, have the right to obtain a court order for specific performance,
12. It is mutually agreed that this Agreement shall be binding upon
the heirs, successors and assigns of ASSOCIATION 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 executed on the day and year first above written.
CITY OF NEWPORT BEACH,
a Municipal Corporation
ATTES :
C!�o
City Clerk
SIRE Of VIUMIA 64- 400786 _
e0lmm OF Orange f -
U. a August 31, i9 8,
Icfine me, the undersigned a No Pub fn a for old State, =9 red
�ithard H.�I'.i]1 an� Al L1 htner �rrson�l
known dz2e or Drove to me on Tne basis or
" ca ti cfarfnry evidPnea le mto me,
Un to be Na puam -� eltm wme� _ -a>`a mArcrRed to the nitH4 inahuntat
d 'OWTHY L PPAALEN and atkmxledgrd to me that they aeouted the same.
WOW KUM - t1nFlmhl,i
w:
WA OEFCE fN MT= my Mod and oflitiai acaL �Q
! Oaaxlaf C09a1r
W CommUim F+a pera 5,L
Ooroth_.�L> Palen
a of MIT
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19 -17
1
I From: 714 800 -4749
To: Paul Page: 14114 Date: 412120022:11:31 nM
srA:E OF CALIFORNIA )
) ss:
COUNTY OF ORA;IGE )
On September 19, 1984, before me,the undersigned a Cotary
Public in and for said State, personally appeared
Evelyn R. Hart - known to Ire to be the
Mayor and Wanda L. Raggio , known to me co be the
ity 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.
aNICIM i1AL
DOROTHY L PALEN
ROTAnr nauc -o nGaX1A
0 M391 a.drilCE In
tmniCOParf
0iOnniein E%ft 975. M
STATE OF CALIFORNIA
ss:
COUNTY OF )
7
otary u in -and tOr sa state
OROTHY L. PALEN
On this day of , 1984, before me,
a Notary uET%in and Tor said tate, personally appeared
and personally
poem to me or prove to me on the bases o sa is actory evidence ) to be the
President and Secretary, respectively, of Newport Crest Homeowners Association,
that executed the within instrument and known to me (or proved to me on the
basis of satisfactory evidence) to be the persons who executed the within
instrument on behalf.of said corporation, and said corporation being known
to me (or proved to me on the basis of satisfactory evidence) to be one of
the joint ventures.of ' the joint venture
that executed the within instrument and ac nom a ge to me that such corpora-
tion executed the same both individually and as joint venture of said joint
venture and that such joint venture also executed the same-
Notary Public in and for said tate
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19 -18
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Notary Public in and for said tate
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19 -18