HomeMy WebLinkAboutC-4606 - Encroachment Agreement (for 2209, 2215 and 2223 Pacific Drive)4022 P03
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AUG-23-'89 DIED 14:34 ID: TEL NO:
SENT BY:NEWPORT BEACH ; 6-23-68 ;11:47AM I LICENSE
89--515361
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk/1/-'
city of Newport Beath
P.O. Box 1768
3300 Newport Boulevard
Newport Beach, CA 92658-8915
JO- -51''
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
3'm
P.M. 0 C T 2 5 1989
cia a. 931.20e,‘
Space above s ne or ecor er s use on y.
ENCROACHMENTAGREEMENT
THIS AGREEMENT is made and entered into this F day of
September , 1989, by and between Sanwa Bank California, Trustee for Al Ross and
RECORDER
Sheila Ross IRA Accounts, 2209 Pacific Drive, Corona del Mar, California, hereinafter
referred to as "OWNERS," 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, OWNERS desire to construct certain improvements (hereinafter
"non-standard improvements") adjacent to a portion of Block "D", Corona del Mar
Tract as shown on a map filed in BOOk 3, Pages 41 and 42 of Miscellaneous Maps,
Records of Orange County, California; also known as 2209, 2215 and 2223 Pacific
Drive, Corona del Mar, California; and
WHEREAS, said non-standard 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 OWNERS to construct
said non-standard improvements;
NOW, THEREFORE, in consideration of the mutual promises, the parties
hereto agree as follows:
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7/4 FUG-23-'UV Wtl) 14: 3n 11J:
"'SENT BY:NEWPORT BEACH ; 6-23-65 ;11146AM 9
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LIOENBE DIVISION+ ;# 4
1. It is mutually agreed that "non-standard improvements" shall be
defined as a retaining wall with an approximate height of 10 feet 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.
2. CITY will allow OWNERS to construct, reconstruct, install, maintain,
use, operate, repair and replace said non-standard improvements and all
facilities and appurtenance necessary and incidental thereto, over CITY's
facilities, all -in substantial conformance with. plans and specifications therefor
on file in the CITY. CITY will further allow OWNER to take all reasonable
measures necessary or convenient in accomplishing the aforesaid activities.
3. OWNERS and CITY further agree as follows:
a. OWNERS 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.
b. OWNERS 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 required OWNERS to maintain, replace 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:
(1) CITY shall notify OWNERS of its intention to accomplish such
work, if an emergency situation does not exist.
(11) CITY shall be respons1b a Tor ar so iy a iy •
or restoration of the non-standard improvements affected by such work by CITY;
(1ii) CITY agrees to pay all costs of any removal and restoration
of the non-standard improvements affected by such work by CITY;
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SENT BY:NEWPORT BEACH ' 9-23-66 ;11;45AM ; LICENSE DIV'"*ONE
d, OWNERS shall indemnify and hold City harmless, its Council,
Boards, Commissions, Officers and Employees from and against any and all loss,
damages, liability, claims, suits, costs and expenses whatsoever, including
reasonable attorney$' fees, (when outside attorneys are so utilized), regardless
of the outcome of any such claim or suit arising from or In any manner connected
to defects in design or construction of the retaining wall which is the subject
matter of this encroachment agreement. Indemnitor shall have the right to
utilize counsel of their choosing in any such defense.
4. OWNERS agree that this Agreement shall remain in full force and
effect from execution thereof; shall run with the land; shall be binding upon
GOVERNMENT CODE 27361.7
. 89-575367
I certify under penalty of perjury that the illegible portion of this
document to which is statement is attached reads as follows:
OFFICIAL SEAL
DOROTHY L. PALEN
NOTARYP• UBLIC
COUT
My Comm. Expires May 25, 1993
Place of Execution;)LOAtAti16Date 499-o2i-g/
F 0662-2
aits,
STATE OF CALIFORNIA,
COUNTY Of
September 1989 before me the undersigned a
On this 15th day of in the year ,
Notary Public in and for said State, personally appeared Donald A. Strauss , known
to me to be the Mayor of the City of Newport Beach and Wanda E. Raggio , known to
me to be the City Clerk of the City of Newport Beach and known to me to be the persons
who executed the within instrument on behalf of said governmental agency, and
acknowledged to me that such governmental agency executed the same.
Orange
ss.
WITNESS my hand and official seal.
c7z0aL).
Notary Public i d for said State.
Dorothy L. Palen
OFFICIAL SEAL
DOROTHY L. PALEN
NOTARY PUBLIC • CALIFORNIA
ORANGE COUNTY
My Comm. Expires May 25, 1993
WITNESS my hand and official seal.
Signature
ORANGE COUNTY
My Commission Exp. Jan. 25. 1993
(This area for official notarial seal)
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