HomeMy WebLinkAboutC-4111 - Encroachment Agreement (for 705 Jasmine Avenue)RECORDING REQUESTED _.AD
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659-1768
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Maloney
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TIT d 7 A „u 7r :a R 1
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21 —SEP 1993 O9 = 42
Recorded in Official Records
of Orange County, California
Lee A Brenrh, County Rec rd r
Page 1 of 6 Fees: $ 20.00
Tax: $ 0.00
ENCROACHMENT AGREEMENT
THIS AGREEMENT is made and entered into this 2/2-2- day of
, 1993, by and between Lillian M Wilson and Geoffrey M.
(hereinafter "OWNER"), and the City of Newport Beach,
California, 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 "CITY");
AM
PoS el>
W I T N E S S E T H:
WHEREAS, OWNER desires to construct certain non-standard
improvements (hereinafter "PERMITTED IMPROVEMENTS") within a 10-foot
wide CITY easement for sewer proposes (hereinafter "EASEMENT") that
crosses Lot 5 of Block 736 of Corona del Mar Tract, as shown on a map
recorded in Book 3, Pages 41 and 42 of Miscellaneous Maps in the office
of the County Recorder of Orange County, California; also known as 705
Jasmine Avenue, Corona del Mar, California; and
WHEREAS, said PERMITTED IMPROVEMENTS may interfere in the future
with CITY'S ability to construct, operate, maintain, and replace CITY
facilities and 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 and maintain said PERMITTED IMPROVEMENTS;
NOW, THEREFORE, in consideration of the mutual promises, the
parties hereto agree as follows:
1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be
defined as an air conditioning compressor unit, two openable garage door
type walls located on the northerly and southerly faces of the structure
across EASEMENT and a stairway which will encroach approximately one (1)
foot into EASEMENT as shown on Exhibit "A" or improvements other than
ground cover or standard concrete patio or walk flatwork.
2. CITY will permit OWNER to construct, reconstruct, install,
maintain, use, operate, repair and replace said PERMITTED IMPROVEMENTS
and appurtenances incidental thereto, within EASEMENT, all in
substantial conformance with plans and specifications on file in the
CITY. CITY will further allow OWNER to take all reasonable measures
necessary or convenient in accomplishing the aforesaid activities.
3. Rights granted under this Agreement may be terminated by CITY
at any time by giving 60 days' notice, specifying in said notice the
date of termination. CITY shall incur no liability whatsoever in the -
event of the termination of this Agreement, or subsequent removal of
1
improvements by CITY.
4. OWNER and CITY further agree as follows:
a. OWNER may construct and install PERMITTED IMPROVEMENTS
and appurtenances 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.
b. OWNER shall maintain the PERMITTED IMPROVEMENTS 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, replace or repair any
CITY -owned pipeline, conduit or cable located in or under said
PERMITTED IMPROVEMENTS, except as otherwise provided herein.
c. If City or other public facilities or improvements are
damaged by the installation or presence of PERMITTED IMPROVEMENTS,
OWNER shall be responsible for the cost of repairs.
d. That should CITY be required to enter onto said
EASEMENT to exercise its primary rights associated with said EASEMENT,
including but not limited to, the maintenance, removal, repair,
renewal, replacement or enlargement of existing or future public
facilities or improvements, CITY may remove portions of the PERMITTED
IMPROVEMENTS, as required, and in such event:
(i) CITY shall notify OWNER of its intention to
accomplish such work, if any emergency situation does not exist.
(ii) OWNER shall be responsible for arranging for
any renewal or restoration of the PERMITTED IMPROVEMENTS
affected by such work by CITY;
(iii) CITY agrees to bear only the cost of any
removal of the PERMITTED IMPROVEMENTS affected by such work by CITY;
(iv) OWNER agrees to pay all costs for renewal or
restoration of the PERMITTED IMPROVEMENTS.
5. In the event either party breaches any material provision of
this Agreement, the other party at its option may, in addition to the
other legal remedies available to it, terminate this Agreement, and,
in the event the breaching party is OWNER, CITY may enter upon the
EASEMENT and remove all or part of the improvements installed by
OWNER. Termination because of breach shall be upon a minimum of ten
(10) days' notice, with the notice specifying the date of termination.
In the event of litigation commenced with respect to any term of
condition of this Agreement, the prevailing party shall be entitled to
reasonable attorneys fees and costs incurred.
6. OWNER shall indemnify and hold harmless CITY, its City
Council, boards and commissions, officers and employees from and
against any and all loss, damage, liability, claims, suits, costs and
expenses whatsoever, including reasonable attorneys' fees (when
2
outside attorneys are so utilized), regardless of ,he merit or outcome
of any such claim or suit arising from or in any manner connected with
the design, construction, maintenance, or continued existence of the
PERMITTED IMPROVEMENTS.
7. 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 OWNERS' 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.
APPROVED AS TO F
By:
ATT,E
ty
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE
CITY OF NEWPORT BEACH,
a Municipal corporation
By:
WNER-
, 1993, before me, the undersi.ned, a
Notary Puc in and for the State, personally appea
Clarence J. T er , known to me to be the yor of the City of
Newport Beach an. Wanda E. Raggio nown to me to be the
City Clerk of Newpor each (or proved
satisfactory evidence) to 'e the
subscribed to the within ins
he/she/they executed the . e in
capacity(ies), and th. .y his/her/the
instrument the pe :.n(s) or the entity upon
person(s) act-., executed the instrument.
WITNE my hand and official seal
Signature
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE
me on the basis of
on(s) whose name(s) is/are
and acknowledged to me that
her/their authorized
ignature(s) on the
alf of which the
(This area for official notarial seal)
On IG 2/ , 1993, before me,
, personally appeared
r /,7 7,7Aef0rr "/L
Y
/i//2h Oar>, 1/1/i/Soh ,personally known to me
(or me on the basis of satisfactor eviden e) to be the
person(^s� whose name() is a -re su scribe to the within instrument and
acknowledged to me that c/she/they executed the same in h&/her/heir
authorized capacity(ies), and that by h4s-/her/their signature(-s4 on
the instrument the person(&-) or the entity upon behalf of which the
person (s4. acted, executed the instrument.
WITNESS my hand and official seal
3
(This area for official notarial seal)
OFFICIAL SEAL
MARY E. BUTTS
Notary Public -California
ORANGE COUNTY
My Commission Expires
June 23, 1994
STATE OF CALIFORNIA )ss.
COUNTY OF ORANGE )
On "7 / / 9 93 , fore �m�ey, /7 �/ e/�
personally appeared � ' /J//2 77/ec �f a��G(%>d� PLC)
personally known to me (or proved t6 me on the basisc'of
satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s) or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in ana' for sai4 State
73- Shauna Lyn Oyler z
U
c +�� NOTARY PUBLIC oCAL FORNV'
c
2'r ORANGE COUNTY l)
L t;- Comm. Expires Aug. 22, 1997 -+
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE
On /4 ZZ /,',93 , 1993, before me, /�/ y�- ,I ,, p�,a'c_
�/ , personally appeared
G coffs- e ,47 1 z./on, ey ,personally known to me
(or proved to me on the basis of atisfactory evidence) to be the
person('..) whose name(54_ is/awe subscribe to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/hcr/their signature(-&) on
the instrument the person(-s-) or the entity upon behalf of which the
person(-..) acted, executed the instrument.
WITNESS my hand and official seal
Signature
ag\e-wilson.enc
(This area for official notarial seal)
OFFICIAL SEAL
MARY E. BUTTS
Notary Public-Callfomta
ORANGE COUNTY
My Commission
Expires
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