HomeMy WebLinkAboutC-3635 - Encroachment Agreement for 214 La Jolla DriveRECORDING REQUESTED BY AND
LC) WHEN RECORDED RETURN TO:
crl'City Clerk
City of Newport Beach
ce 3300 Newport Boulevard
u Newport Beach, CA 92663-3884
81-3f/0/7 s
Recorded in Official Records
Of Orange County, California
12:30 P.M. Sept. 20, 1984
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
THIS AGREEMENT is made and entered into this 3/ ,51- day of
, 1984, by and between the CITY OF NEWPORT BEACH, hereinafter
referred to as "CITY" and VICKIE WEBER, hereinafter referred to as "OWNER."
WITNESSETH
WHEREAS, OWNER desires to construct non-standard improvements within
the La Jolla Drive right of way and the existing storm drain easement (herein-
after "EASEMENTS") within and adjacent to the abandoned La Jolla Drive right of
way per document No. 84-158821 of Official Records, Records of Orange County,
California, also known as 214 La Jolla Drive, Newport Beach, and hereinafter
referred to as "RESIDENT"; and
WHEREAS, the parties hereto desire to execute an agreement providing
for the construction of non-standard improvements within the EASEMENTS;
NOW, THEREFORE, in consideration of their mutual promises, the parties
hereto agree to the following:
1. DEFINITIONS
"Non-standard improvements" shall be defined to include a concrete
block retaining wall, catch basin modifications, and all appurtenances.
2. RIGHTS OF OWNER
OWNER may construct, reconstruct, install, maintain, use, operate,
repair and replace said improvements, all in substantial conformance with plans
and specifications therefor on file in CITY's Public Works Department, in, on,
and across those certain EASEMENTS described in Exhibit "A" attached hereto.
3. RESTORATION
Should CITY be required to enter onto the EASEMENTS to construct,
maintain, remove, repair, renew, replace or enlarge
all or part of the improvements and, in such event,
costs of restoration of the improvements.
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utilities, CITY may remove
OWNER agrees to pay all
4. OWNER agrees to indemnify and hold harmless CITY, its officers,
agents, and employees from all demands, claims, losses or liability on account
of injury or damage to persons or property on account of injury or damage suf-
fered or claimed to be suffered as a result of the existence and use of the
aforementioned "non-standard improvements."
5. It is mutually agreed 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
RESIDENCE; and 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 made and entered into the day and year first above written.
CITY OF NEWPORT BEACH,
a Municipal Corporation
By*dr- I
VICKIE H. `WEBER
APPROVED AS TO FORM:
VICKIE H. WEBER
1
y Attorney
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
On O CIA—U? 'B 1 , 1984, before me, the undersigned, a Notary
Public in and for said State, personally appeared V t e. LI&.
whose name is subscribed to the within Instrument, and ac-
knowledged thatshexecuted the same.
OFFICIAL SEAL
DONALD L WEBB TR.
Notary Public - California
ORANGE COUNTY
Nty Commission Expires Oct_26_1987
.N
OOO
Notary Public in and for said State
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EXJST. /
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214 LA ,JOLLA
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I1
EXIST. • ' I
RETAINING WALL
ROLLED
CURB
STORM LRA/N FI45EMENT
AREA OF ENCRDACNA4ENT INTO R/GHT OF WAY
ANO EASEMENT
CITY OF NEWPORT BEACH
2/4 LA JOLLA
DRAWING NO. XI/L8JT 44 "A