HomeMy WebLinkAboutC-2277 - 1 Royal Saint George RoadV
RECORDING REQUESTED BY ,
WHEN RECORDED RETURN T0:
City Clerk/g7 /2g- � '-
City of Newport Beach
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92658-8915
EXEMPT RECORDING REQUEST PEL
GOVERNMENT CODE 6103
EXEMPT
cs
88--0?
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RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY. CALImr`RNIA
.145 PM JAN 15 '88
efe- COUcv,,
RECORDEF '
Space above this line for Recorder's use
NO CONSIDERATION
only.
ENCROACHMENT AGREEMENT
.FEt 4:1988.
THIS AGREEMENT is made and entered into this /4f1. day of
City of
vport Beach.
, 198t, by and between William P. Foley, III, & Carol Foley, whos'e-
address is 1 Royal Saint George Road, Newport Beach, California, hereinafte..•
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";
W ITNESSET H:
WHEREAS, OWNER desires to construct certain improvements (hereafter
"non-standard improvements") within a 10-foot-wide CITY easement for sewer
purposes and within a 10-foot-wide City easement for storm drain purposes
(hereafter "EASEMENTS") crossing Lot 10 of Tract 7323 as said lot is shown on a
map filed in Book 277, Pages 17 and 18 of Miscellaneous Maps, Records of Orange
County, California; also known as 1 Royal Saint George Road, Newport Beach,
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 EASEMENTS; and
WHEREAS, CITY desires to condition approval of construction of said
non-standard improvements within EASEMENTS; 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 retaining walls, wood deck and stairs, backfill and fencing within
EASEMENTS as shown on Exhibit "A"; and any additional landscaping or
improvements other than ground cover or standard concrete patio or walk flatwork.
2. CITY will allow OWNER to construct, reconstruct, install, maintain,
use, operate, repair and replace said non-standard improvements and all
facilities and appurtenances 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.
8 -OZi 15'
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
substantial 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 EASEMENTS
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 construed 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 EASEMENTS
owned by CITY to exercise its primary rights associated with said EASEMENTS,
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.
d. OWNER shall indemnify and hold harmless, its City Council,
Boards and Commissions, officers, agents, and employees from any and all
demands claims, losses, liability, suits, costs and expenses whatsoever,
including reasonable attorneys' fees, regardless of the merit 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, and shall be recorded in the Office of the County Recorder of
Orange County, California.
2 of 3
8-02115?
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:
City -Attorney
ATTEST:
i
i/. 44L L
City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
On
Public in and
CITY OF NEWPORT BEACH,
a MI _�:� Corporat
OWNER
By
W. am P. Fol- III
By
Carol Foley
198J; before me, the ad-rsigned, a Notary
State, personally appeared r•�
nown to me to be the Mayor or the CitNewport Beach
and 7 , known to me to be the City Clerk of
the City of Newport Beac , nown 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.
OFFICIAL SEAL
DOROTHY L. PALEN
NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
My Commission Exp. Apr. 5, 1989
STATE OF CALIFORNIA ).
) ss.
COUNTY OF ORANGE )
Notary Publi
n and for said S
e
On December 29 , 1987, before me, the undersigned, a Notary
Public in and for said State, personally appeared William P. Foley, II
and Carol Foley , known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is (are) subscribed to
the within instrument and acknowledged that he/she executed the same.
OFFICIAL SEAL
WENDY F LIENHART
NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
My comm. expires MAY 3, 1988
No No ary ary P c in and for said State
3 of 3
Exhibit A - Sheet 1 2
88-021152
FOLEY RESIDENCE
NEWPORT BEACH. —CALIFORNIA.
NEW YARD AREA & RETAINING WALL
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PLANNING AND ARCHITECTURE
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88-021152
Exhibit A - Sheet 2 of
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FOLEY RESIDENCE
NEWPORTYABEACH, RETAININIA
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PLANNING AND ARCHITECTURE
NEW YARD AREA & RETAINING WALL
asw kEA1MY VILLA ROAD. SURE 403. SAN aeon • CA FOMMURID.131q NU4A1