HomeMy WebLinkAboutC-2198 - Encroachment Agreement (for San Joaquin Hills Road)RECCIRDING REQUESTED BY AND
RECORDED RETURN TO:
Ci ty Cl erk/ ,y ".2) J.
City of Newport Beach
.-• 3300 Newport Boulevard
(NJ;Newport Beach, CA 92663-3884
ITIGIORATION
EXEMPT RECORDING REQUEST PER
GOVERNMENT CODE 6103
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ENCROACHMENT AGREEMENT
THIS AGREEMENT, is made and entered into thisday of
CITY Of
NFY1on"'l BEACH. 9
JUN 41986g ; i0
RECEIVED
CITY CLERK
1986, by and between the CITY OF NEWPORT BEACH, a municipal corporation, here-
inafter referred to as "CITY," and THE IRVINE COMPANY, A Michigan Corporation,
hereinafter referred to as "COMPANY."
W ITNESSET H:
WHEREAS, COMPANY desires to construct non-standard street improvements
at certain locations along San Joaquin Hills Road, a public street and public
utility easement, as shown on a map filed in Book 25, page 14 of Parcel Maps,
records of Orange County, California; and
WHEREAS, CITY has water, sewer, street light and storm drain facilities
located within said easement; and
WHEREAS, CITY desires to condition approval of construction of said
non-standard improvements over said facilities; and
WHEREAS, the parties hereto desire to execute an agreement providing
for fulfillment of the conditions required by CITY to permit COMPANY to
construct said non-standard improvements;
NOW, THEREFORE, in consideration of their mutual promises, the parties
hereto agree as follows:
1. DEFINITIONS
"Non-standard street improvements" (hereafter "IMPROVEMENTS") shall
be defined to include parkway trees and tile pavers.
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY CALIFORNIA
-4 09 PM MAY i 9'86
CUUNTE
�,1 `r%�,+�'••�... RECORDER
1 of 4
2. TERM
Rights granted under this Agreement may be terminated in the event
that CITY desires to use the EASEMENT for street purposes. CITY may terminate
this Agreement by giving 60 days' notice of its intention to do so, specifying
in said notice the date of termination. CITY shall incur no liability what-
soever in the event of the termination of this Agreement, or subsequent removal
of improvements by CITY.
3. RIGHTS OF COMPANY
COMPANY may construct, reconstruct, install, maintain, use,
operate, repair and replace said improvements, all in substantial conformance
with plans and specifications therefor on file in the CITY's Public Works
Department, in,on and across those certain easements described in Exhibit "A"
hereto.
4. COMPANY'S DUTIES
COMPANY shall properly and regularly maintain the improvements and
shall timely pay all costs and expenses incurred in doing so. In the event that
owner fails to properly and/or regularly maintain the improvements, CITY may, at
its option, assume the maintenance of the improvements and COMPANY agrees to pay
all costs incurred by CITY in maintaining the improvements.
5. REPAIRS
CITY has the right to make such repairs to the improvements as it
deems necessary for the protection of the public health, welfare and safety.
COMPANY agrees to promptly reimburse CITY for the reasonable costs and expenses
incurred by CITY in effecting such repairs.
6. RESTORATION
Should CITY be required to enter onto the easements to construct,
maintain, remove, repair, renew, replace or enlarge the water, sewer, street
light, or storm drain facilities, CITY may remove all or part of the improve-
ments and in such event:
a. COMPANY shall restore the improvements to their condition prior
to removal by CITY, said restoration to be completed within 60 days from notice
to COMPANY that CITY completed its work:
2 of 4
b. CITY agrees to bear the portion of the costs of the restoration
of the improvements to the extent such costs would have been incurred had stan-
dard street improvements been installed by COMPANY.
c. COMPANY agrees to pay any costs of restoration of the improve-
ments in excess of the costs to be paid by CITY.
7. INDEMNIFICATION
COMPANY agrees to indemnify, defend, and hold CITY, its officers,
agents and employees harmless from all demands, claims, losses or liability that
arise out of or that are in any way related to the construction, use, main-
tenance or restoration of the improvements.
8. BREACH
In the event either party breaches any material provision of this
Agreement, the other party at its option may, in addition to the other legal
remedies available to it, terminate this Agreement, and, in the event the
breaching party is COMPANY, CITY may enter upon the EASEMENT and remove all or
part of the improvements installed by COMPANY. Termination because of breach
shall be upon a minimum of ten (10) days' notice, with the notice specifying the
date of termination. In the event of litigation commenced with respect to any
term or condition of this Agreement, the prevailing party shall be entitled to
reasonable attorney fees and costs incurred.
9. SEVERABILITY
The provisions of this Agreement are independent and severable, and
the invalidity or partial invalidity or unenforceability of any one provision or
portion thereof shall not affect the validity or enforceability of any other
provisions hereof.
10. RECORDATION
Each of the parties hereto specifically consents to the recordation
of this Encroachment Agreement in the Office of the County Recorder of Orange
County, California, and the covenants, restrictions and charges hereunder, and
all their benefits and burdens, shall run with the land, pursuant to Section
1468 of the Civil Code of the State of California.
3 of 4
11. ASSIGNMENT
The terms and conditions of this Agreement shall be binding upon
the successors and assigns of COMPANY, and shall also be binding upon owners who
take title to the property by reason of foreclosure, trustee's sale, or other-
wise.
12. NOTICE
When notice is to be given pursuant to this Agreement, it shall be
addressed as follows:
CITY OWNER
City of Newport Beach
Office of the City Attorney
3300 Newport Boulevard
Newport Beach, CA 92663-3884
The Irvine Company
P. 0. Box I
Newport Beach, CA 92658-8904
Notice shall be deemed given as of the date of mailing when notice is properly
addressed and mailed with first class postage prepaid.
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:
ity Attor e
ATTEST
City Clerk
CITY -OF -N,EWPORT BEACH,
a Mun i ci . .1 Corpoon
ayor
THE IRVINE COMPANY
4 of 4
xecutive Vice President
r or Assistant Secretary
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
On , 1986, before me, the undersigned, a Notary
Public in and for said State, personally appeared
, known to me to be the Mayor of the City of
Newport Beach, and , 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
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORA E )
On , ` , 1986, before me, the undersigned, a Notary
Public in a d for d S ate, personally appeared William H. McFarland
and F. Elizabeth Rutherford ,
personally known to mg (or prove to me on the basis of satisfactory evidence)
resudP
to be the pn ice and WrP Vry , respectively, of
The Irvine Company , the corporation that executed the within instru-
ment and known to me (or proved to me on the basis of satisfactory evidence) to
be the persons who executed the within instrument on behalf of said corporation
and acknowledged to me that such corporation executed the same.
WITNESS my hand and official seal.
in an or a . State
OFFICIAL SFAL
KAREN H DE RITIS
NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
My comm. expires OCT 23, 1989
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CONSULTING CIVIL ENGINEERS AND LAND SURVEYORS
71105.10
12-06-85
LEGAL DESCRIPTION
FOR PROJECT AREA
Being a portion of Parcels 1 and 2 in the City of Newport Beach, County of Orange,
State of California, as shown on the map filed in Book 25, Page 14 of Parcel
Maps, in the office of the County Recorder of said County, described as follows:
Beginning at the most Easterly corner of said Parcel 1; thence South 50°00'00"
West 158.51 feet along the Southeasterly line of said Parcel 1; thence North
39°15'00" West 360.80 feet to the Northwesterly line of said Parcel 2, distant
thereon South 50°00'00" West 177.1.2 feet from the most Northerly corner of said
Parcel 2; thence along said Northwesterly line and the Northeasterly lines of said
Parcels 1 and 2, the following courses: North 50°00'00" East 177.12 feet, South
36°16'42" East 321.19 feet to the beginning of a tangent curve concave North-
easterly having a radius of 6072.50 feet, and Southeasterly 40.33 feet along said
curve through a central angle of 0°22'50" to the POINT OF BEGINNING.
Subject to covenants, conditions, reservations, restrictions, rights of way and
easements, if any, of record.
GERALD F. OLDENBURG, LS 3246
Corporate Office • 17782 Sky Park Blvd. • Irvine, California 92714 • 714/261-2222
Inland Empire Office • 1630 E. Francis St.. Ste. B • Ontario, California 91761 • 714/947-0447
San Diego County Office • 5375 Avenida Encinas, Ste. C • Carlsbad, California 92008 • 619/438-4332
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