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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. 1 of 2 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 2 of 2 \\ II' II \\\ ,/2 II \\\ , / II /- // 1 I Rao GU.4RL0 II I I II 11 II II II EX/ST. \� /8"R.C. R. — \ RETAM//NG �'✓�4LL //// / / / / / / EXJST. / DWELL/Na / 214 LA ,JOLLA V///////,//////////4 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