The URL can be used to link to this page

Home My WebLink AboutC-4313 - Encroachment Agreement (for 709 Jasmine)RECORDING REQUESTED BY AND EXEMPT RECORDING REQUEST PEA - WHEN RECORDED RETURN TO: GOVERNMENT CODE 6103 897105544. City Clerk City of Newport Beach Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92658-8915 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA -40. PM FEB 2 8 '89 couwrr REooRoA Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT CM ° , 1982, by and between R.D..McCumsey and Jeri J. McCU a weoai 11451 husband and" wife, and Mark A. McCumsey, a single man, all as joint tenan_l_s,, mos NI/ --- igs THIS AGREEMENT ' made and entered into this /77 ;;dayi f i As whose address is 709 Jasmine, Corona del Mar, California, 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 1 Iee laws of the State of California, hereinafter referred to as "CITYL; °.ta."4‘41k '\° to -o0 W I T N E S S E T H: W° WHEREAS, OWNER desires to construct certain improvements (hereafter "non-standard improvements") within a 10-foot-wide CITY easement for sewer purposes (hereafter "EASEMENT") crossing Lot 9 of Block 736, of Corona del Mar as said lot is shown on a map filed in Book 3, Page 41 and 42 of Miscellaneous Maps, Records of Orange County, California; also known as 709 Jasmine, Corona del Mar, California; hereafter referred to as "RESIDENCE"; and 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 parties hereto agree as follows: 1. It is mutually agreed that "non-standard improvements" shall be defined as two eight -foot tall by 4'-4" wide removable wall panels with non -locking door on the northerly and southerly faces of the structure across the 10' sewer EASEMENT as shown on Exhibit "A"; and any additional landscaping or improvements other than ground cover or standard concrete patio or walk flatwork. 1 of 3 2. CITY will allow OWNER to construct, reconstruct, install, maintain, use, operate, repair and replace said non-standard improvements and all facilities and appurtances 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 al reasonable measures necessary or convenient in accomplishing 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 on 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 EASEMENTS 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 sonstrued to required OWNER 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 EASEMENTS owned by CITY to exercise its primary rights associated with said EASEMENTS, 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) CITY agrees to bear the portion of the 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 shall indemnify and hold harmless City, its City Council, boards and commissions, officers and employees from and against anv and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, regardlaee of the merit or outcome of any such claim or suit ari from or in any manner connected to the construction, use, maintenance or r non-standard improvements. 4. OWNER agrees that this Agreement shall remain in full force and effect from execution thereof; shall run with t"e 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. CITY OF NEWPORT BEACH, a Municipal Corporation APPROVED AS TO FORM: By ty Attorney OWNER STATE OF CALIFORNIA COUNTY OF ORANGE On , 1988, 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.jm,r_'L7AL'-YCr , 198, before me, the undersigned, a Notary Public in and for said State, personally appeared t.: t !i;F-! '; hA z I" ti.; R . ; \`.'!" (. 1--16.L; 1' , 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. _ OFFICIAL SEAL DEON FiCKER NOTA2Y PUBLIC-CALIFORNIA °h NCiEAL OFFICE IN t'1 ��; ORANGE COUNTY j. `s 1991 ? My Commiss,on E.;.�: es Sept. 16, WITNESS my hand and official seal. Notary Public in and for said State ,a)e t 517 A L. 4tt pokep f)iu >cTE1,0fr-' 00TL1101-1 l9 7 .46 Jot— )4 U w,eriNCv e"....CAWS•R MAI KJ ol ED 1-r fr. adNI J 51-14. C2 M.,19 At2e.k. I hl c21c."--me, riess K I LOW ri_c44‹ r1_,AK.1 . _cKcx I E.g. ciAKA,G. • .-, #Itt5Ir''A r DPc 22l 201 OI rf •i 1-- l H \\ , \\\\\\\\\\\\\\\\\\\\\\\\\\\\ U11 1. 1 .o! 11/ �}Np�I1 ro GL I7r