HomeMy WebLinkAboutC-3810 - Encroachment Agreement for 1 Big Canyon DriveEL-RDING REQUESTED BY AND
j 'w;EN RECORDED RETURN TO:
City Clerk
City of Newport Beach
?.0. Box 1768
3300 Newport Boulevard
Newport Beach, CA 92658-8915
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ENCROACHMENT AGREEMENT,
RECORDED IN OFFICIAL RECC,r;DS
OF ORANGE COUNTY CALIFORNIA
-31s PM AUG 4'87
COUNTY
RECORDS.
THIS AGREEMENT is made and entered into this Atday of G, /G/./
1987, by and between Big Canyon Country Club r Tnc
address is One Big Canyon Drive, Newport Reach, C=1 i fnrni a q7 n
, California, hereinafter .�
referred to as"OWNER," an'd the CITY OF NEWPORT BEACH, a municipal corporation,
organized and existing under and by virtue of its Charter and the Constitution
and the laws of- the State of California, hereinafter referred to as "CITY";
WITNESSET H:
WHEREAS, OWNER desires to construct certain improvements (hereafter
"non-standard improvements") within a 10-foot-wide CITY easement for sewer pur-
poses (hereafter "EASEMENT") as shown on a map filed in Book 9901, Page 304 of
Official Rcords, Records of Orange County, California, crossing Block 92 of
Irvine Subdivision as sae Block is shown on a map filed in Book 1, Page 88 of
Miscellaneous Record Maps, Records of Orange County, California; also known as
Big Canyon Golf Course; Newport Beach, Calif °nia; hereafter referred to as
"BIG CANYON", and
0G maintain, use, operate, repair and replace said non-standard improvements and
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whose
WHEREAS, said improvements may interfere with CITY's ability to
construct, operate, maintain, and replace CITY facilities within EASEMENT; and
WHEREAS, CITY desires to condition approval of construction of said
non-standard improvements within EASEMENT; and
WHEREAS, the parties hereto desire to execute an agreement providing
for fulfillment of the conditions required by CITY to permit OWNER to construct
said non-standard improvements;
NOW, THEREFORE, in consideration of the mutual promises, the par-
ties hereto agree as follows:
1. It is mutually agreed that "non-standard improvements" shall be
defined as Golf Cart storage building within the EASEMENT as shown on Exhibit
"A"; and any additional landscaping or improvements other than ground cover or
standard concrete patio or walk flatwork.
Ac'!g�'� 2. CITY will allow OWNER to construct, reconstruct, install,
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all facilities and appur‘ances necessary and incidental tisereto, over CITY's
facilities, all in substantial conformance with plans and specifications there-
for on file in the CITY. CITY will further allow OWNER to take all reasonable
measures necessary or convenient in acomplishing the aforesaid activities.
3. OWNER and CITY further agree as follows:
a. OWNER may construct and install non-standard improvements
and all facilities and appurtenances necessary and incidental thereto, in
substantial conformance with plans and specifications therefor on file in the
CITY's Public Works Department, and as described in Exhibit "A" hereto attached.
Trees or other deep root growths are specifically excluded from the definition
•
of non-standard improvements and shall not be planted in or on the EASEMENT r
under any circumstances whatsoever.
b. OWNER shall maintain the aforesaid non-standard improvements
and facilities in accordance with general prevailing standards of maintenance,
and pay all costs and expenses incurred in doing so. However, nothing herein
shall be construed to require OWNER to maintain, repl4ce or repair any
CITY -owned pipeline, conduit or cable located in or under said non-standard
improvements.
c. That should CITY be required to enter onto said EASEMENT owned
by CITY to exercise its primary rights associated with said EASEMENT, including,
but not limited to, the maintenance, removal, repair, renewal, replacement or
enlargement of the existing or future facilities, CITY may remove portions of
the non-standard improvements, as required, and in such event:
(i) CITY shall notify OWNER of its intention to accomplish such
work, if an emergency situation does not exist.
(ii) OWNER shall be responsible for arranging for any renewal
or restoration of the non-standard improvements affected by such work by CITY;
(iii) OWNER agrees to bear costs of any removal of the non-
standard improvements.
(iv) OWNER agrees to pay all costs for renewal or restoration of
the non-standard improvements.
d. OWNER agrees to indemnify and hold harmless, its officers,
agents and employees, from any and all demands, claims, losses or liability on
account of injury or damage to persons or property suffered or claimed to be
suffered as a result of the construction, use, maintenance or renewal of the
non-standard improvements.
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4. OWNER agrees to provide full access along t,_ EASEMENT to the CITY
'at all times.
5. OWNER agrees 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 land whether fee
or otherwise, 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 executed on the day and year first above written.
APP'1VED AS TO FORM:
torney
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
CITY OF NE ''RT BEACH
a Mip• (orpor�• i
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OWNER 7319 Cat f%al Co l f/
By
ScAN
iSok'
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On , 198 , before me, the undersigned, a Notary
Public in and for the 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 ORANGE )
On , 198 , before me, the undersigned, a Notary
Public in and for said State, personally appeared
, known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is (are) subscribed to
the within instrument and acknowledged that he/she executed the same.
Notary Public in and for said State
of 3
CORPORATE ACKNOWLEDGMENT
ye
NO. 202
State of : t
County of
II.L 1
SS.
sue? OFFICIAL SEAL
PATRICIA Y BONILLA
NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
My comm. expires JUN 14, 1989
On this th
day of : 1193 , before me,
i 14"IC! t 9 A::zI//14
the undersigned Notary Public, personally appeared
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❑ personally known to me
L proved to me on the basis of satisfactory evidence
to be the ers n s) who executed the within instrument as
_ \'. (r ET Y 1 or on behalf of the corporation therein
name, and acknowledged to me that the corporation executed it.
WITNESS y hand and official seat/ �
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Notary's Signature
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