HomeMy WebLinkAbout418 Santa Ana Avenue - Encroachment0
JACK SINNETT
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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.
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Very truly your,,
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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;
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(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
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