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Home My WebLink AboutC-2151(A) - Encroachment Agreement (for 12 Napoli)RECORDING.�OESTED BY AND WHEN RECORDED RETURN TO City Clerk/t77f er- City of Newport Beach P.O. Box 1768 3300 Newport Boulevard Newport Beach, CA 92658-8915 Er mts! rl rtrtt•.rg roe"R Government Code c,1 EXEMPT C15 85--88337 GG r i teaci RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA PM MAY 23 '85 COUNTY RECO4 DER Space above C . ' 1 !t AT1ON r �\/s"a J .•4`C 1 ,III _.\ i THIS AGREEMENT, made and entered into this 4;72071—day Q'i T1j� this line for Recorder's use only. ENCROACHMENT AGREEMENT , 1985, by and between t't -(7/9:P. V �. Kid , whose address is �( `r p lr ter; (-(. , 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 three -foot -wide CITY easement for public utility purposes (hereafter "EASEMENT") 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 and sewer facilities crossing 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 low, concrete, retaining wall with garden fence on top within the EASEMENT as shown on Exhibit "A". 1 of 4 . RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO City Clerk City of Newport Beach P.O. Box 1768 3300 Newport Boulevard Newport Beach, CA 92658-8915 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT THIS AGREEMENT, made and entered into this j.'-day of , 1985, by and between , _4 (cz— , whose address is PL;;A7 Li , 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 three -foot -wide CITY easement for public utility purposes (hereafter "EASEMENT") 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 and sewer facilities crossing 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 low, concrete, retaining wall with garden fence on top within the EASEMENT as shown on Exhibit "A". 1 of 4 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 QWNER 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 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. 2 of 4 (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: APPRJdVED AS TO FORM: C i/ty CITY OF NEWPORT BEACH, a Municipal Corporation By By 3 of 4 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 �,O,,Ri.0 , 1985, before me, the undersigned, a Notary Public in and f r aid State, personally appeared ,79d.,,,�L�s , known to me to be the person whose name is subscr{bed to the within instrument and acknowledged that he/she exe- cuted the same. OFFICIAL SEAL JUDY JOINER NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My comm. expires FEB 20, 1988 j STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) Notaryl? - r'c in and if or said State On ,,D,,E'j ,(. 1985, before me, the undersigned, a Notary c in and for_ said State, personally appeared Jj�,,&, r,_}, Z,,nceL , known to me to be the person whose name is subscribed to the within instrument and acknowledged that he/she exe- cuted the same. OFFICIAL SEAL JUDY JOINER NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My comm. expires FEB 20, 1988j Notary- c in and,for said State 4 of 4 4--•x///z5rr '4