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Home My WebLink AboutC-2922 - Encroachment Agreement (for Harbor Hill Association Park Access Stairs)(j RECORDING REQUESTED ANL (7.. WHEN RECORDED RETURN TO: N1 City Clerk/ ? �• 1 City of Newp r Beach (j Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92659-1768 Fiflf H —0' E ; h °c1 14—HAY-1993 0i : 10 Recorded in Official Records f Crarr3e CountY, California Lee A. Branch, County Recorder P.9e 1 of 6 Fees; $ Space above this line for Recorder's use only.T•' $ ENCROACHMENT AGREEMENT THIS AGREEMENT is made and entered into this c7eZ day of 1993, by and between Harbor Hill Homeowners Association (her inafter "ASSOCIATION"), and the City of 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"); W I T N E S S E T H: WHEREAS, ASSOCIATION desires to construct certain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within a portion of Lot "A" (an easement for public utility purposes) located between Lot No. 3 and Lot No. 5 of Tract No. 10151. (hereinafter "EASEMENT") as shown on a map recorded in Book 454, Pages 26 and 27 of Miscellaneous Maps in the office of the County Recorder of Orange County, California; and WHEREAS, said PERMITTED IMPROVEMENTS may interfere in the future with CITY'S ability to construct, operate, maintain, and replace CITY and other public facilities and improvements within RIGHT-OF-WAY; and WHEREAS; the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to permit OWNER to construct said PERMITTED IMPROVEMENTS; NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree as follows: 1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as 6" thick, 4' wide concrete sidewalk and 4' wide stairs located along the . northerly boundary of EASEMENT as shown on EXHIBIT "A" attached hereto and as approved by the City Engineer. 2. CITY will allow ASSOCIATION to construct, reconstruct, install, maintain, use, operate, repair and replace said PERMITTED IMPROVEMENTS and appurtenances incidental thereto, within EASEMENT, all in substantial conformance with plans and specifications on file in the CITY. CITY will further allow OWNER to take all reasonable measures necessary or convenient in accomplishing the aforesaid activities. 1 3. Rights granted under this Agreement may be terminated by CITY at any time by giving 60 days' notice, specifying in said notice the date of termination. CITY shall incur no liability whatsoever in the event of the termination of this Agreement, or subsequent removal of improvements by CITY. 4. ASSOCIATION and CITY further agree as follows: a. ASSOCIATION shall provide a lock box system on gate to provide City access to existing utilities. The design of the lock box system shall be approved by the Public Works Department and Utilities Department prior to issuance of any permits for construction of PERMITTED IMPROVEMENTS. b. ASSOCIATION may construct and install PERMITTED IMPROVEMENTS and appurtenances incidental thereto, in substantial conformance with plans and specifications therefor on file in the CITY's Public Works Department, and as described on Exhibit "A" hereto attached. c. ASSOCIATION shall maintain the PERMITTED IMPROVEMENTS 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 -owned pipeline, conduit or cable located in or under said PERMITTED IMPROVEMENTS, except as otherwise provided herein. d. If City or other public facilities or improvements are damaged by the installation or presence of PERMITTED IMPROVEMENTS, ASSOCIATION shall be responsible for the cost of repairs. e. That should CITY be required to enter onto said EASEMENT to exercise its primary rights associated with said EASEMENT, including but not limited to, the maintenance, removal, repair, renewal, replacement or enlargement of existing or future public facilities or improvements, provided CITY has engaged in reasonable efforts to avoid damage to these permitted improvements, CITY may remove portions of the PERMITTED IMPROVEMENTS, as required, and in such event: (i) CITY shall notify ASSOCIATION of its intention to accomplish such work, if any emergency situation does not exist. (ii) ASSOCIATION shall be responsible for arranging for any renewal or restoration of the PERMITTED IMPROVEMENTS affected by such work by CITY; (iii) CITY agrees to bear only the cost of any removal of the PERMITTED IMPROVEMENTS affected by such work by CITY; (iv) ASSOCIATION agrees to pay all costs for renewal or restoration of the PERMITTED IMPROVEMENTS. 2 5. ASSOCIATION shall indemnify and hold harmless CITY, its City Council, boards and commissions, officers and employees from and against any and all loss, damage, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees (when outside attorneys are so utilized), regardless of the merit or outcome of any such claim or suit arising from or in any manner connected with the design, construction, maintenance, or continued existence of the PERMITTED IMPROVEMENTS. 6. ASSOCIATION agrees that this Agreement shall remain in full force and effect from execution thereof; shall run with the land; shall be binding upon the heirs, successors, and assigns of OWNERS' interest in the land whether fee or otherwise, 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. APPROVED AS TO FORM: By: City Attorney ATTEST: STATE OF CALIFORNIA COUNTY OF ORANGE ss: CITY OF NEWPORT BEACH, a Municipal corporation ASSOCIATION: By: . r� By: On , 1993, before me, the undersigned, a Notary Public in and for the State, personally appeared Clarence J. Turner , known to me to be the Mayor of the City of Newport Beach and wanda E. Raggio , known to me to be the City Clerk of the City of Newport Beach, known to me to be the persons 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 3 STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE On ffirx.rc1A2 L-�✓ i , 1993, before me, aci Ccu.)ol€ No- 1rL) Lt k, (t e- , personally appeared flq <<-co,rcL Li s _ N l . i r, ,personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(R) whose name(w) is/are subscribed to the within instrument and acknowledged to me that he/may executed the same in his/he3r authorized capacity( a), and that by his/h4 signature(,) on the instrument the person(}) or the entity upon behalf of which the person(%) acted, executed the instrument. WITNESS my hand and official seal Signatur AG\E-T10151.ENC OIL X CIAL SEAL BM CAUBLE NOTARY ?URIC • CALIFORNIA CNGE COUNTY My Cemr:i Expires Juy 30, 1993 v co- v (This area for official notarial seal) 4 I�� x�42-01)1C,1-1 zo,_o,i 0 1J&A/ 3-0� WI xC> I G/s•Te N--1‘)�co'I6,''W roF 7//Z, / T 4 PACIFIC COAST ARGEHTECIS Say 3aTH TT •207 HCwPORTe CACH C A • S L 6 (71.41675 94.60 E-o!? : of Hagi5or HILL A550c MII-�o�P W. PAHL- J f3El-rjoNT' UEwr'ori ,CA q 2660