Loading...
HomeMy WebLinkAboutEDWARDS - LINDBORG/DAHL - 1983-08-02:., ,. %' o ;: BEACHN TON IT t 2000'MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK August 18, 1983 Edwards-Lindborg/Dahl 17220'Newhope Street Suite 226 Fountain Valley, CA. 9.2708 The City Council of the City of Huntington Beach at its regular meeting held August 1, 1983 approved a drainage agreement betweon Edwards-Lindborg/Dahl and the City for Tracts 11473 and 11805. Enclosed is a duly executed copy of said agreement with recording information. Alicia M. Wentworth City Clerk AMW:CB:bt Enclosure f7diuphvne. 77+t:-53S�2273 �` REQUEOST R CITY COU C ACTION DateJuly 11, 1983 OEB. Submitted to: Honore ble Mayor and. City Council Submitted by: C. W. Thampson, City Administrato .y Prepared by: Paul E. Cook, Director of Public W.,rks Subject Drainage Agreement for Tracts 1-1473 a- d 11 0 en Edwards-Lindborg/Dahl et al and the City Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: U :? 2� condition of approval for Tentative Tract 11473 is that 4-he developer maintain all storm drain facilities. Therefore, he is required to enter into an agreement with the City to accept drainage from the public streets into the private drainage system. RECOMMENDATION 1. Execute the Drainage Agreement betweed Edwards-Lindborg/Dahl, et al. 2. Instruct the City Clerk to record the Agreement.. ANALYSIS: The proposed development consists of Tracts 11473 and 11805 and requires a private storm drain system to properly drain the tracts. A public street (Quarter bane) drains into the private drainage System; therefore, an agree- ment is necessary for the developer to accept drainage from the public streets into the pri--ately maintained drainage system_ FUNDING SOURCE: None required.. ATTACHMENT: Drainage Agreement Recording Requested by: City of Huntington Beach 83-354768 When' recorde<', -return to: ice of the City Clerk D Y R00 Main Street FECORDE'IN OFFICIAL RECORD .i it i 0.. OF ORAN^u COUNTY, JDAUFORNIA Huntington Beach, CA. 9264 DRAINAGE AGREEMENT BETWEEN CITY AND -422 PfA AUG 15 `83 EIYWAIRDS-LINDBORG/DAHL, ET AL. LEE A. BRANCH, County Recorder THIS AGREEMENT, entered into this �day of 1983, by and between the CITY OF HUNTINGTON BEACH, a municipal corpor .; _n of the State of California, hereinafter referred to as "GRANTEE," and the EDWARDS-LINDBORG/DAHL, a limited Partnership, LINDBORG/DAHL INVESTORS, INC., DAVID D. DAHL and RENA J. DAHL, hereinafter referred to as "GRANTOR." WHEREAS, GRANTOR is the owner of certain real property (hereinafter referred to as "PROPERTY,") located in the City of Huntington Beach, County of Orange, State of California, more z particularly described and shown in 'xhibit "A" attajhed hereto; and; WHEREAS, GRANTOR plans to deve'op PROPERTY as a subdivision for single family homes and in conjunction therewith r will construct, on the PROPERTY a storm drain system (hereinafter referred to as "DRAINAGE SYSTEM; .and; WHEREAS, GRANTOR has submitted to GRANTEE final tract maps covering PROPERTY, which maps must be approved before GRANTOR commences construction on PROPERTY; s NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties covenant a,id agree as follows: 1. GRANT OF EAS'3MENT GRANTOR hereby conveys to GRANTEE a nonexclusive license of drainage from public streets adjacent to PROPERTY into DRAINAGE 5YSTKK,,subject, however, to the 'following conditions-. This document is Solely for t:t:e official business of the City 4 £ Huntington 130aah r s cQuA pltt ad under Govormeat tide Sec. 0103 and. should be recorded free of charge:. Aft 8 3- 354- 79c 2.DESIGN DRAINAGE SYSTEM is being designed and engineered to be capable of handling storm drainage based on 10--25 year flood levels. GRANTOR agrees to construct and maintain the DRAINAGE SYSTEM in accordance with the Conditions of Approval by GRANTEE. 3. COVENANTS, CONDITIONS AND RESTRICTIONS The Covenants, Conditions and Restrictions of record and the Homeowners' Association rules shall contain a provision tha the Individual Lot Owners cf Tracts 11473 and 11805 and the Home- owners' Associations shall be obligated for maintenance and upkeep of the DRAINAGE SYSTEM, sidewalks, irrigation system, and landscaping, except that said Individual Lot owners and the Asso- ciation shall not be obligated to maintain any landscaping, street paving, or drainage systems located within the public rights -of - way from back of curb to back of curb. The required Covenants; Conditions and. Restrictions shall be subject to the approval of the GRANTEE prior to recordation. Said Covenants, Conditions and Restrictions shall run with the land to the benefit of GRANTEE. 1 4. MAINTENANCE Maintenance of the DRAINAGE SYSTEM, other than in the public street system, ;shall be the responsibility of the GRANTOR who shall take any action necessary to ensure that the drainage facilities are maintained in a satisfactory condition, subject to '1 Section 6 of this Agreement. If, for any reason, the GRANTOR fails to take action to remedy a deficiency of the DRAINAGE SYSTEM within thirty (30) days of notification of such deficiency, t;le CITY may toSn take action to maintain t'.e DRAINAGE SYSTEM in AL 83 -3 restoring it to a satisfactory condition and shall be reimburued for all costs for such maintenance by the GRANTOR, subject to the { condition of Section 6 of this Agreement. GRANTEE shall not alter existing drainage conditions in public streets resulting in an increass in the amount of grater that drains into the existing drainage system without prior approval of GRANTOR. Owners of projects that .may increase the amount of water_ that drains into the DRAINAGE SYSTEM shall be required to obtain approval from GI.ANTOR. 5. INDEMNIFICATION GRANT[77 agrees to indemnify, defend, and hold GRANTEE harmless against all expeise, liability, and claims for damage to property (including property belonging to GRANTOR) and injury to or death of person (including employees or agents of GRANTOR) 1 directly or indirectly resulting from anything occurring from any cause on or about or in connection with GRANTEE'S exercise of the rights herein granted, regardless of the active or passive negligence of GRANTEE, unless arising out of the sole negligence or sole willful misconduct of GRANTEE. 6. RELEASE GRANTOR intends, upon completion of the subdivision improvements for the single family homes development, to convey 4. its interests in the DRAINAGE, SYSTEM to various Individual Lot t Owners to which ::he DRAINAGE SYSTEM is within each Owner's Lot. GRANTEE hereby consents to such conveyance and agrees that upon such conveyance, GRANTOR shall be released from any and all i obligations ar-,d duties arising out of this Agreement( and that 3 - 8 54768 such Individual Lot Owners shall be responsible for performing all duties and obligations of GRANTOR under this Agreement and., any conditions imposed by the City of Huntington Beach with regard to the DRAINAGE SYSTEM. The ultimate responsibility for maintenance of the DRAINAGE SYSTEM will be the Individual Lot Owners to which the DRAINAGE SYSTEM is within such Owner's Lot. ?n the event any Individual Lot Owner fails to maintain the DRAINGE S STEM, the Homeowners' Association shall maintain the DRAINAGE SYSTEM and impose a lien for said cost on the Individual Lot{s;. GRANTOR agreed that all. subsequent applicable Individual Lot Owners shall be requited to maintain the DRAINAGE SYSTEM in a coordinated manner across tract boundaries to assure continuity of flow within the system 7. ADDITIONAL PROVISIONS The provisions of this Agreement shall bind and enuro to the benefit of the parties to it and their respective successors and assigns, shall constitute the entire Agreement between the parties pertaining to the subject matter contained in it, and shall :supersede all ,prior or contemporaneous agreements, repre- sentations and undertakings of the parties hereto. Except as otherwise set forth herein,. this Agreement may be amended or terminated only by a written document executed and acknowledged by all parties hereto. The easement herein conveyed is personal in nature: and µ not transferable by GRANTEE, either voluntarily or by operation of law, without the written consent of GRANTOR. W � - r F STATC "OF CALIFORNIA 4 COU 1 Yr OF or'_—N lts $S' en. On %7 Y0 before me, the under. di , a Notary Public in atld for said State, personally appeared �3 its � • �rH, �-_. c�„�c� ---- __ known rrt me i to Ixs t11e ptrrson_S_"_.whosc nameS__0_qJ1T_ subscribed to the within ` ingtrutnont nnrr acknowledged that_ lktV executed the same. VITINL;,SS and y hand an uffici 11 seal Nome (Typed or 1'rinfcd) J MIN .rr. for wife., t not.rlet wAn OFFICIAL SEAL r l>eA1C e) ! ; rrR } ROBER1 J. FLYNN, iR. notary Public California 0 Prtnctpa101fkAi„Orange County, ' 0 hSY COMM. FxP, 6•8.86 r a -•,../aoarao,am'e.,a,t,».o�.aw.�.Rv,�.w..q,1 lt4rppr.+ton as a Parttlerof a Partnership) [Ti.OF CALIFORNIA x °4 ORANGE SS. Fs CO]iNTY OF zit n % Al1 aunt 10, 1983 before. me, the undersigned, a Notary Public in and for DAVID D DAHL * s; saki' State persomi ly appeared _ known to me�,ta hr: the w President, and TiE0. Rn,.O _LJNID3 MG known to m%?6 be the at 2 secretary of LiI1dlliora-Dahl Investors; TF1G. the corporation that executed w the within instiu-nont and known to me&Ao he the persons who oxreoted tilt within tnrtrument of behalf corporation. q veil KSar)>+raUon heipg known to tnagn Ire one of th. r partpera oL lA ,13dtwards-Lindborq/Dahl ,hu er e get 1'Itnt exrcttied thr. within Instrument, aitd acknowledged to me '16i:-such corporation W. ted the same as such partner and ;;rich p Cry •' tell 111e . f,aaw,xa'e•+.w+.... a -------- that .d A •�'� OFFICIAL SEAL i 1VITNFSS r u ua is ROSERT J. FLYNN, JR ~ Sit narurc> W"A NotatY Public Pr1n.t Sf�Ift 'nUra eCtru ni0 h ROBERT J . FLYN , JR .Q »Y cGnfW E:;P G E 66 r j Name (Tried or Prin'.d) ITttb v.. for eliti st netadi,l wen (Or proved to me on the basis `a of zatisfactory e.3tidetce) n• 83--3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. EDWARDS-LINDBORG/DAHL, CITY OF HUNTINUTON BEACH A limited partnership, A municipal corpoeatic,n LINDBORG/DAHL INVESTORS, INC., A general partnership j cr A D. DA&L, sident DAVxL� ARD U. � i OR , Secretary � E� AGD HL a - y LIN BOR f Afl , IN ST S, INC. w=x DAVID D >AHL,---Tresi�3e L RD S crui:ary APPROVED AS `O FORM: &TTEST; s Th ;0 2 t CitP71 Y City Clerk R9VUWED A;ND_ APPROVED: AND APPROVED: CHA, ES W/ TH T 4 » it An ni ai or Director of Public Works r n 1 TE:3Ldl ;. b/7/$3 N o- ! 4617t� a }[t EfI' ucems: cn C ' k 7 23 �tmt f �s++f c� , /�` 1• t .r a E,TRrr csrrr, i c�:+nTs i �. 7a , ` ESTaTe Lor Lcr 11�� . .r t CC t� d6T �C � �7 ( t CST'hiE( �Si-`� � �7YTrE• 1f CT 'i%�SE t LOT - Le �. ?` r - : 1 �n- LtT �' GtnTc Cs sresrr*cC i c-rrt�c (ezn c t,� OD <cT [ cec r sir 1 car } �cr t zLr { Le �. j� e,rnzs to FA, �� � Via, t .COUNTRY.. r' t����� 1.