Loading...
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 (/�/ Maloney Space above this line fc TIT d 7 A „u 7r :a R 1 SeP id d F : 'isi 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 4 70S ,Ti4S/1/NE 7-- _T,4/2 -'C/ N/i1/GCS .30 • 2 x yc F2�no< 4' '1 ryA 1 / / \/\ \ / \ \ / d Doi R fA/ 8'a W.4 vfrt w,,t/ , x %XG 72/M� 3/6, 2xT. yev000 eAtGE 0ao2 X.e//Bl T