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HomeMy WebLinkAbout418 Santa Ana Avenue - Encroachment0 JACK SINNETT Air Brush Artiet - Photo Retouching Boat Renderings Gentlemen: -$ . Newport Blvd. Newport Beach, California 16-Santa Ana (home address) The Honorable Mayor and City Council City of Newport Beach California We inadvertently, in making improvements on our property in the City of Newport Beach, have apparently encroached upon City right of way. This was of course unintentional, and we cettaihly claim no interest in this City property. !l berty 8-5933 We wish to continue our improvements to their completion with the blessing of the City of Newport Beach, and are submitting herewith a proposed Agreement, which our attorney feels should more than amply protect the City of Newport Beach. We would like to have this matter put on the Council Agenda, and would like to have the same approved and the Agreement executed. We are proud to live in the City of Newport Beach, and are making an effort to improve our home in a manner which would ma4e the City proud of it. We sincerely hope that this matter can be straightened out as provided in the enclosed Agreement. t, CITY CL EaK W1111,11 S 1;OJ' CITY OF NEWPORT BEACH CALIF. ✓ tt L � r ,l `•� � , 1. �. Very truly your,, P f AGREEMENT IiE This Agreement made and entered into this day of 21�I1 March, 1965, by and between RUPH JOHN SINNETT and DOREEN MARGARET 3,1 SINNETT, husband and wife, of 418 Santa Ana Street, Newport Beach, 4 California, hereinafter called the SINNETTS, and the CITY OF NEW- 5I PORT BEACH, a Municipal Corporation, hereinafter called CITY: 6 WITNESSBTH: THAT WREREAS the said SINNETTS have heretofore 7 made certain improvements in the front of their home at 4.18 Santa 8 Ana Street, Newport Beach, in an effort to beautify their home and 9 the CITY; 10 AND WHEREAS, in the course of making said improvements, the 11d said SINNETTS encroached upon property belonging to said CITY: 12 � AND WHEREAS the said SINNETTS and the CITY desire to settle 13 their rights with respect to said property;; 14 NOW THEREFORE, and in consideration of the covenants herein 15 contained, performed and to be performed, the parties hereto agree 16 as follows: 17 1. In exchange for the privilege of completing the im- 18 provements as aforesaid, and being permitted to retain them in place 19 on property belonging to said CITY, the SINNETTS warrant and agree 20 as follows: 21 (a) That said SINNETTS do not in any manner assert 22 any claim of title or ownership upon said CITY property, 23 nor do they intend to claim any interest by reason of 24 adverse possession, and they by this Agreement speci- 25 fical.ly'waive any right to a claim of title by reason 26 of adverse possession 27 (b) That the said SINNETTS agree, within five days 28 after written notice served upon them by the CITY, to 29 commence removal of any and all of said improvements at 30 their own expense, and to diligently proceed with said 32 removal until the property has been restored to the 32 substantial condition that it was in prior to their encroachment; -1- ...--_.-r','._. 9 1' 2 i 3' 4 51 6 7 8 9I 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 4 (e) That the said SINNET'TS agree to indemnify and hold harmless the CITY for any claim that might be asserted against said CITY by reason of any negligent or inten- tional condition maintained on said property occupied by the improvements as aforesaid, which said negligence or intentional condition in fact causes injury to the person or property of others. 2. The said CITY agrees to lift its stop work order on said improvements, and to allow the said SINNETTS to complete the improvements as commenced and as now in progress. 3. It is understood and agreed by and between the parties hereto that this Agreement may be recorded as notice to all subse- quent purchasers of the aforesaid property, and may by agreement be deemed a convena,nt running with the land for so long as the afore- said improvements exist in place upon the property of said CITY. #. This Agreement shall be binding upon the administrators, executors, assigns or successors in interest of the parties hereto. WITNESS our rands and seals on the day and year as first above written, CITY OF NEWPOR`P BEACH ATTEST: By y er Mayor -2