HomeMy WebLinkAboutFOXX DEVELOPMENT - 1980-08-05•
0
H
its' CITY OF HUNTINGTON BEACH
INTER -DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
DATE: April 14, 1998
TO: Daryl Smith, Acting Director of Public
FROM: Connie Brockway, City Clerk 6
RE: Retainer Wall — Rear of Public Sid
323 - 21 st Street.
am readying this agreement for microfilming.
o rks
Ik 321 — 'zfr 90
Please advise me if it is still active.
If it is active, do you prefer that I microfilm and retain a hard copy for your future
ease in accessing? ,,y1
If this agreement will not need to be accessed, do you have any objection to j,
retaining it solely on microfilm?
C E ! �V E [ �
DEPT OF PU�`Iu VIVO tS
r
HUNTINGTON BEACH, CALIF.
J.
L-j
HUNTINGTON BEACH
DATE:
•
CITY OF HUNTINGTON BEACH
INTER -DEPARTMENT COMMUNICATION /�
02 "7
C�
April 14, 1998
TO: Daryl Smith, Acting Director of Public Works
FROM: Connie Brockway, City Clerk 6
RE: Retainer Wall — Rear of Public Sidewalk 321 —
323 - 21 st Street.
am readying this agreement for microfilming.
Please advise me if it is still active.
If it is active, do you prefer that I microfilm and retain a hard copy for your future
ease in accessing?
If this agreement will not need to be accessed, do you have any objection to
retaining it solely on microfilm?
CITY OF HUNTINGTON BEACH
INTER -DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
DATE: April 14, 1998
TO: Daryl Smith, Acting Director of Public Works
FROM: Connie' Brockway, City Clerk (45
RE: Retainer Wall — Rear of Public Sidewalk 321 —
323 - 21 st Street.
I am readying this agreement for microfilming.
Please advise me if it is still active.
If it is active, do you prefer that I microfilm and retain a hard copy for your future
ease in accessing? J
If this agreement will not need to be accessed, do you have any objection to
retaining it solely on microfilm?
t„ Vrl
®
17661
BK 1 3702 PO 52;7
T'.,i s document is solely
for the
EXEMPT
RECORDED IN OFFICIAL RECORDS
<:.: t: ici.a:_ business ^:' t.?e
City
OF ORANGE COLWTY,' CALIFORNIA
C 3
;f iiu:.tinr-;ton Be a, '! .. <+s
contem—
$ Min.
p M' �UC7 1
'_ated under Gove :,i;:. ant
Code
AGREEMENT
Past
;ec. 6103 and should be
recorded
LEE A. BRANCH, Counvy kec4td*r
free of charge.
THIS AGREEMENT
is entered into
this
2-7-fh day of
aV7,6 /
Ual�-
1980, by
and between the
CITY
OF HUNTINGTON
CM:ps
3/11/80
BEACH, a municipal corporation of the State of California,
hereinafter referred to as CITY, and FOXX DEVELOPMENT CORP=
a California corporation, hereinafter referred to as FOXX.
R E C I T A L S:
WHEREAS, FOXX has constructed a block retaining wall
at their property described as follows:
Lots 1 and 3, of Block 321, Seventeenth
Street Section, in the City of Hunting-
ton Beach, Orange County, State of Cali-
fornia, as shown on a raap in.the County
Recorder's office of said County; and
FOXX has constructed the subject retaining wall im-
mediately at the back of the public sidewalk, such that same
encroaches into the public right-of-way approximately two (2)
inches; and
CITY requires FOXX to hold CITY harmless from any and
all liability arising out of the subject encroachment.
NOW, THEREFORE, the parties do hereby agree as follows:
1. HOLD HARMLESS. FOXX shall save, hold harmless,
indemnify and defend CITY, its officials, officers, employees,
agents or representatives from any and all suits, claims or
actions, damages to persons or property, costs or attorney's
fees resulting from or caused by the above -described construction.
RECORDING REQUESTED
BY AND MAIL TO
i� _
��L,� �:1�/f�gr�.fi72-�r
STATE OF CALIFORNIA ) s s . `� 3"7
COUNTY OF ORANGE ) (� 5
On this �� � day of f7G1gi/.Sf 19 ��, before me,
a Notary Public in and for said County and State, personally appeared
Ru Ali S . 86,;Je 4 , known to me to be the Mayor
and ¢l,�;a /,q, Wentwoi-IA , known to me to be the City Clerk
of the City of Huntington Beach, the municipal corporation that executed
the within instrument, known to me to be the persons who executed the
within instrument on behalf of said municipal corporation and acknowledged
to me that such municipal corporation executed the same.
OFFICTA1. SE]25,1983
EVELYN SCHUB
�lOtARY PUBLIC Cst
ORANGE COUNT
y
"` My comm. expires MA
STATE OF CALIFORNIA
55. a s
COUNTY OF ORANGE
On JULY 14, 1980 before me, the undersigned, a Notary Public in and for
said State, personally appeared WARREN H . JAMES
known to me to be the Vice President, and NANCY M. NICHOLS _
known to me to be the Secretary of the corporation that executed the within instrument,
and known to me to be the persons who executed the within
instrument on behalf of the corporation therein named, and ac-
knowledged 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.
Signature
JULIE HUTCHINSON
Name (Typed or Printed)
A40000600@OOO�DOOO�DOp0040•
0 OFFICIAL SEAL
p ® i
® JULIE HUTCHINSON
® a '� t��' NOTARY PUCLIC — CALIFORNIA ® _ �D ��'�; y`�3-:
® PRINCIPAL OFFICE IN p
O ORANGE COUNTY S
6 My Commission Expires Aug. 16, 1983
+o®s•�•�ev��0000msaoo�meo�t
(This area for official notarial seal)
BK 1 37a2PO 5"126
and encroachment of the retaining wall, constructed by FOXX at
the described property.
2. HEIRS AND ASSIGNS: This Agreement shall be bind-
ing on FOXX, their successors in interest, heirs or assigns and
any future successors in interest to the above -described property.
3. RECORDING: This instrument shall be recorded in
the office of the County Recorder, Orange County, California.
4. ENTIRETY: This Agreement contains the entire a.gree-
ment between the parties hereto and all provisions are set forth
• herein.
a
IN WITNESS WHEREOF the parties hereto have executed
this agreement the day, month and year first above written.
ATTEST:
' City Clerk
REVIEWED AND APPROVED:
i F
C'ty Administrator
CITY OF HUNTINGTON BEACH,
a municipal corporation
c5
By
Mayor
APPROVED AS TO FORM:
City Attorney
ITIATED AND APPROV L
Director of Public Works �
FOXX DEVELOPMENT CORP.' --
a California corporation
By
EN H. JAMES
ice Pres' dent---
NANCY . NICHOLS
2.
Secretary
* �,
b
BK 1 3702PG 530
SECTIONAL DISTRICT MAP 10-6-11
CITY OF
HUNTINGTON BEACH A
ORANGE, COUNTY, CALIFORNIA
USE OF PROPERTY MAP
IN
Z
N\ IN/
��`\J P,
CF-R
liiifs k_'oc,� u at is solely for the
business of the City
of iia..tington Beach, as contem—
plated under Go�7ernuient Code
Sec. 6103 and should be recorded
free of charge..
CM: ps
3/11/80
1
FEPT
n 0P T7VNTV TTFP
�0L P
MED COPY
, xwt, VauI11,+U VVI LII VIl-i IIdI
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
Min. 4 PAAUGJ,4VJW
Past
BRANCH, County Relcerder
THIS AGREEMENT is entered into this 2-7-fh day of
D4ay- , 1980, by and between the CITY OF HUNTINGTON
BEACH, a municipal corporation of the State of California,
hereinafter referred to as CITY, and FOXX DEVELOPMENT CORP.
a California corporation, hereinafter referred to as FOXX.
R E C I T A L S:
WHEREAS, FOXX has constructed a block retaining wall
at their property described as follows:
Lots 1 and 3, of Block 321, Seventeenth
Street Section, in the City of Hunting-
ton Beach, Orange County, State of Cali-
fornia, as shown on a r.i.ap in the County
Recorder's office of said County; and
FOXX has constructed the subject retaining wall im-
mediately at the back of the public sidewalk, such that same
encroaches into the public right-of-way approximately two (2)
inches; and
CITY requires FOXX to hold CITY harmless from any and
all liability arising out of the subject encroachment.
NOW, THEREFORE, the parties do hereby agree as follows:
1. IIOLD HARMLESS.
FOXX shall save, hold harmless,
indemnify and defend CITY, its officials, officers, employees,
agents or representatives from any and all suits, claims or
actions, damages to persons or property, costs or attorney's
fees resulting from or caused by the above -described construction
1.
•
P_�
and encroachment of the retaining wall, constructed by FOXX at
the described property.
2. HEIRS AND ASSIGNS: This Agreement shall be bind-
ing on FOXX, their successors in interest, heirs or assigns and
any future successors in interest to the above -described property.
3. RECORDING: This instrument shall be recorded in
the office of the County Recorder, Orange County, California.
4. ENTIRETY: This Agreement contains the entire agree-
ment between the parties hereto and all provisions are set forth
herein.
IN WITNESS WHEREOF the parties hereto have executed
this agreement the day, month and year first above written.
CITY OF HUNTINGTON BEACH,
a municipal corporation
ATTEST:
City Clerk
REVIEWED AND APPROVED:
C'ty Administrator
By
Mayor
APPROVED AS TO FORM:
City Attorney �
ITIATED AND APPROVED
Director of Public Works
FOXX DEVELOPMENT CORP.
a California corporation
By
EN H. JAMES Y
ice Pres" dent
BY LIGZ�.C.
NANCY/f4. NICHOLS
2.
Secretary
� il
Adlk
SECTIONAL DISTRICT MAP 10-6-11
CITY OF
HUNTINGTON Bf,'ACH
0 R A N G El COUNTY, C A 1, 1 F0 R N 1A
USE OF PROPERTY MAP
I.—,
STA'JI,' OF CA1,1i"ORNIA )
COUNTY OF ORANGE
1 0
Ss.
is
On this _� _ day of __. /[s / 19 5�`C, before me,
a Notary Public in and for said County and State, personally appeared
Ru /Li S • Ra;/s N , known to me to be the Mayor
and �,�,� /11, G!/tnti�or><!� known to me to be the City Clerk
of the City of Huntington Beach, the municipal corporation that executed
the within instrument, known to me to be the persons who executed the
within instrument on behalf of said municipal corporation and acknowledged
to me that such municipal corporation executed the same.
()FF►CE
AL
EVELYERT
NOtAR� PUBLIC IFORNIAt� C�tv1
ORAtt I
My Comm. R 25' 1983
STATE OF CALIFORNIA 1l
COUNTY
On_ JULY 14, _1980 _ before me, the undersigned, a.Notary Public in and for
said State, personally appeared__ WARREN H .
known to me to be the___ Vice President, and__NANCY M. NICHOLS _
known to me to be
cretary of the corporation that executed the within instrument,
and known to me to be the persons who executed the within
instrument on behalf of the corporation therein named, and ac-
knowledged 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.
Signature-_-
JULIE HUTCHINSON
♦♦♦♦♦♦♦♦♦♦♦♦♦4,0
♦♦4♦♦♦♦♦O•
♦ OFFICIAL SEAL
♦ .II JUL IC
HUTCHINSON
♦ s...r�J NOIARr P,l,".LIC—
♦♦ f. "CALIfORN1qNCIPAt OFFICE
,%�tl, FRI
® o-.. E IN
® ORANGF COUNTY
MY Commission E,cp,res Auq. 16, 1983
Name (Typed or Printed) `' i•, ��'
(This area for official notarial seal) I
•
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•
y�f
City of
Huntington Beach
. .
P.O. BOX 190 CALIFORNIA
OFFICE OF THE CITY CLERK
August 29, 1980
Foxx Development Corp.
305 17th.St.
Huntington Beach, CA. 92648
Enclosed is a recorded copy of the agreement approved by the City
Council on August 4, 1980 between the City and your firm to hold
the City harmless from any and all liability relative to your
construction of a retainer wall immediately at the back of a public
sidewalk located at 321 & 323 21st Street, City.
Alicia M. Wentworth
City Clerk
AMW:bt
Enclosure
... t
�® City of Huntington Beach
P.O. BOX 190 CALIFORNIA 92648
OFFICE OF THE CITY CLERK
August 5, 1980
Foxx Development Corp.
305 17th Street
Huntington Beach, CA
The City Council of the City of Huntington Beach at its regular
meeting held Monday, August 4, 1980, approved and authorized
execution of an agreement between the City and your firm to
hold the City harmless from any and all liability relative to
your construction of a retainer wall immediately at the back of
a public sidewalk located at 321 & 323 21st Street, City.
When said agreement is returned from the County Recorder a copy
will be sent to you for your records.
Alicia M. Wentworth
City Clerk
AMW:cb
enc.
Submitted by
Paul E. Cook-
Department Public Works
Date Prepared July 2 8, , 1980 Backup Material Attached ® Yes No
Subject Retainer Wall Agreement
City Administrator's Comments
Ay.pp 3VED By CITY COUNCIL 3 n �r
-��
Approve as recommended— �'�10-- , HB
�4 MAYi CI,ry CLFRK
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions:
Statement of Issue:
Foxx Development constructed a retainer wall immediately at the back of
a public sidewalk located at 321 & 323 21st Street, such that same en-
croaches into the public right-of-way approximately two (2) inches. The
City is requiring Foxx Development to hold the City harmless from any
and all liability arising out of the subject encroachment.
Recommended Action:
Approve the agreement and instruct the City Clerk to affix her signature
to the agreement and submit the agreement to the County for recordation.
This agreement has been examined and approved by the City Attorney's
office as to form.
PEC:BPC:lw
PIO 3178