HomeMy WebLinkAboutC-2151 - Encroachment Agreement (for 12 Napoli):E;ORDING REQUESTED BY AND
' i-IEN RECORDED RETURN TO
85- 083714
City Clerk/ `? 6 e '77(2 `'
City of NewpoVrt Beach
P.O. Box 1768
N3300 Newport Boulevard
Newport Beach, CA 92658-8915
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RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY CALIFORNIA
_3 PM MAR 22'85
COUNT V
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Space above this line for Recorder's use only.
E .R TIO AGREEMENT FOR NON-STANDARD IMPROVEMENTS
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THIS AGREEMENT, •made and entered into this /// day'�ofj� 1�
l� //vti , 1985, by and between Zc 1 e_ \+ J. 7_c 19 4� 1 (7)i .;l \
'i ll.(C U C_r'...).25 , whose address is 12- A)o pc L f /1)-(LL.7 z-r t
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rtch, CcktiiucL , hereinafter referred to as "OWNER," and 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";
WITNESSETH
WHEREAS, OWNER desires to construct permanent improvements
over a CITY easement for public utility purposes (hereafter "EASEMEN1h)
along the northerly side of Lot 14 of Tract 9861 as shown on a map filed
in Book 437, Pages 9 and 10 of Miscellaneous Maps, Records of Orange
County, California; also known as #12 Napoli, Newport Beach, California;
hereafter referred to as "RESIDENCE";
WHEREAS, CITY has storm drain facilities located within said
EASEMENT; and
WHEREAS, CITY desires to condition approval of construction of
said non-standard improvements over said facilities; 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 their mutual promises, the
parties hereto agree as follows:
1. It is mutually agreed that "non-standard improvements"
shall be defined as wood,`concrete decorator planters and landscape
plans within the EASEMENT as shown on Exhibit "A".
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2. CITY will allow OWNER to construct, reconstruct, install,
maintain, use, operate, repair and replace non-standard improvements and
all facilities and appurtenances necessary and incidental thereto, over
CITY's facilities, all in substantial conformance with plans and speci-
fications therefor on file in the CITY's Public Works Department. CITY
will further allow OWNER to take all reasonable measures necessary or
convenient in accomplishing the aforesaid activities.
3. OWNER and CITY further agree as follows:
(a) OWNER shall construct and install non-standard improve-
ments and all facilities and appurtenances necessary and incidental
thereto, in substantial conformance with plans and specifications there-
for on file in the CITY's Public Works Department and as described in
Exhibit "A" hereto attached. Trees or other deep root growths are spe-
cifically excluded from the definition of permanent improvements above
and shall not be planted in or on the EASEMENT under any circumstances
whatsoever.
(b) OWNER shall maintain the aforesaid non-standard improve-
ments and facilities in accordance with general prevailing standards
of maintenance, and to pay all costs and expenses incurred in doing so.
However, nothing herein shall be construed to require OWNER to maintain,
replace or repair any CITY -owned pipeline, conduit or cable in or under
said non-standard street 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 shalt 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.
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(iii) CITY agrees to bear the portion of the costs of
any such renewal or restoration of the non-standard street improvements
not in excess of the cost which would be incurred for the restoration or
renewal of standard street improvements in the same location.
(iv) OWNER agrees to pay any costs of renewal or
restoration of the non-standard improvements in excess of the costs to be
paid by CITY.
(d) 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 suffered
or claimed to be suffered as a result of the construction, use, main-
tenance or renewal of the non-standard improvements.
4. 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.
ATTEST:
%IL
City Clerk
OWNER
By 1--�`..`." . (>�✓�
By
This is to certify that This Agreement between Robert J. Zepfel and
Angela Kraus
and the City of Newport Beach, a municipal
corporation, is hereby accepted by the Mayor on the ��- day
of j' , 1985.
Date: �'i/. //7 5
Authorized by City Council Resolution No.
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STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
On , 1985, before me, the undersigned, a Notary
Public in and for said 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 f-e DruJry 2.v , 1985, before me, the undersigned, a Notary
Public in and for said State, personally appeared tit rfI
at V_Cot.95 , known to me to be (or proved to me on the basis
of satisfactory evidence) to be the person(s) described in, and whose
name(s) is (are) subscribed to the within instrument and he (she, they)
acknowledged to me that he (she, they) executed the same.
.WITNESS my hand and official seal.
OFFICIAL SEAL
JUDY JOINER
NOTARY PUBLIC CALfFORNMA
ORANGE COUNTY
My comm. expires FEB 20, 1988 J
Notary7ubl�
i n d--for said State
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