HomeMy WebLinkAboutC-2385 - Encroachment Agreement (for 2301 Pacific Drive)RECORDING REQUESTED 61 JDUSW RECORDING REQUEST P
WHEN RECORDED RETURN TO:GOVERNMENT CODE 6103
88-170392
City Clerk,(2��t
City of Newport Beach
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92658-8915
NO CONSIDERATION
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY CALIFORNIA
-1 r5 PM APR 14'88
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Pacific
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
"APR 2 9' 1988 Jr
THIS AGREEMENT is made and entered into this A5day of \N '
, 1988, by and between Harry Westover, whose address is 231'
Drive, Corona del Mar, California, hereinafter referred to as "OWNER,"
and the CITY OF NEWPORT BEACH, 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 referred to as "CITY";
WITNESSETH:
WHEREAS, OWNER desires to construct certain improvements (hereafter
"non-standard improvements") within the Parkway (hereafter "EASEMENT") adjacent
to Parcel No. 1 of Parcel Map 83-713 (Resubdivision No. 750) as said lot is
shown on a map filed in Book 188, Page 1 of Parcel Maps, Records of Orange
County, California; also known as 2301 Pacific Drive, Corona del Mar,
California; hereafter referred to as "RESIDENCE"; and
WHEREAS, said improvements may interfere with CITY's ability to
construct, operate, maintain, and replace CITY facilities within EASEMENT; and
WHEREAS, CITY desires to condition approval of construction of said
non-standard improvements within EASEMENT; 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 non-standard improvements;
NOW, THEREFORE, in consideration of the mutual promises, the parties
hereto agree as follows:
1. It is mutually agreed that "non-standard improvements" shall be
defined as small retaining walls, planter, stairs and patio within the EASEMENT
as shown on Exhibit "A"; and any additional landscaping or improvements other
than ground cover or standard conrete patio or walk flatwork.
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2. CITY will allow OWNER to construct, reconstruct, install, maintain,
use, operate, repair and replace said non-standard improvements and all facili-
ties and appurtances necessary and incidental thereto, over CITY's facilities,
all in substantial conformance with plans and specifications therefor on file in
the CITY. City will further allow OWNER to take all reasonable measures
necessary or convenient in accomplishing the aforesaid activities.
3. OWNER and CITY further agree as follows:
a. OWNER may construct and install non-standard improvements and
all facilities and appurtenances necessary and incidental thereto, in substan-
tial conformance with plans and specifications therefor on file in the CITY's
Public Works Department, and as described on Exhibit "A" hereto attached. Trees
or other deep root growths are specifically excluded from the definition of non-
standard improvements and shall not be planted in or on the EASEMENT under any
circumstances whatsoever.
b. OWNER shall maintain the aforesaid non-standard 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 sonstrued to required OWNER to maintain, replace or repair any CITY -owned
pipeline, conduit or cable located in or under said non-standard improvements.
c. That should CITY be required to enter onto said EASEMENT owned by
CITY to exercise its primary rights associated with said EASEMENT, including,
but not limited to, the maintenance, removal, repair, renewal, replacement or
enlargement of the existing or future facilities, CITY may remove portions of
the non-standard improvements, as required, and in such event:
(i) CITY shall notify OWNER of its intention to accomplish such
work, if an emergency situation does not exist.
(ii) OWNER shall be responsible for arranging for any renewal or
restoration of the non-standard improvements affected by such work by CITY;
(iii) CITY agrees to bear the portion of the costs of any removal of
the non-standard improvements.
(iv) OWNER agrees to pay all costs for renewal or restoration of the
non-standard improvements.
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d. OWNER shall indemnify and hold harmless CITY, its City Council,
boards and commissions, officers and employees from and against any and all
loss, damages, liability, claims, suits, costs and expenses whatsoever,
including reasonable attorneys' fees, regardless of the merit or outcome of any
such claim or suit arising from or in any manner connected to the construction,
use, maintenance or renewal of the non-standard improvements.
4. OWNER 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 OWNER's interest in the land whether fee or
otherwise,'nd 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:
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By \ `` y A
Ci'-Atorney
ATTEST: °' OWNER
City Clerk
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
CITY OF R P':'T :EACH
a Mu,'cipa ororat,
By
ayor
On APRIL 13th , 19 83, before me, the undersigned, a Notary Public
in and for the State, personally appeared JOHN C. COX, JR.
known to me to be the Mayor of the City of Newport Beach and
WANnA RpGGIO , 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.
OFFICIAL SEAL
MAUREEN L HUFFMAN
NOTARY PUBLIC — CALIFORNIA
ORANGE DOUNTY
My comm. expires NOV 3, 1989
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
ficial seal.
of a`ry Public in and for saYd`State
On N%}SQL%{ , 1988, before me, the undersigned, a Notary Public
in and for said State, personally appeared 1/A- eJe j E', ( LEs To t)E /e
, known to me (or proved to me on the basis of
satisfactory evidence) to be the person(sQ whose nameCsl is (are+ subscribed to
the within instrument and acknowledged th t he/si-e executed the same.
6/ 7)7(
OFFICIAL SEAL
E,^':3A A A Iv ORRIS
JOTARY Pam"°_ _; - CALIFORNIA
'"y COMM. expires APR 19, 1989
Notary
t1 in and for said State
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