HomeMy WebLinkAboutC-4103 - Encroachment Agreement (for Park Place)•.
RECORDING REQUESTED BY' )D
WHEN RECORDED RETURN TO:
City Clerk/'y "%" 74
i City of Newport Beach
U Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92658-8915
to k ih U. t t i f t i
EYP.`PT RECD°OlNG REQUEST PEn
GOVERNMENT CUE 03 88 434707
EXEMPT I
C16
Space above this line for Recorder's use only
ENCROACHMENT AGREEMENT
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY. CALIFORNIA
-4 oo PM MAR 2 4'88
COUNTY
FIECO,IDER
THIS AGREEMENT is made and entered into this ff=,,, j1ay of /04izef✓ ,
1988, by and between PARK PLACE, A California General Partnership, whose
addre s3185 Airway Avenue, Bldg. D, Costa V sa, California, 92626,
-`"hereinafteferred to as "OWNER," and the CITY OF NEWPORT BEACH, a municipal
corporation ' anized and existing under and by virtue of its Charter and the
" �-
APRo��M8�' and the laws of the State of California, hereinafter referred to as
"CITY"; •
W ITNESSET H:
WHEREAS, OWNER is responsible for the repair and maintenance of certain
common areas, including the private streets, located within Tract 12873, a resi-
dential subdivision, herinafter referred to as Tract 12873; and
WHEREAS, OWNER desires to construct certain improvements, hereinafter
"non-standard improvements", within Tract 12873 as shown on Exhibit "A",
attached hereto and made a part herein by this reference, located along Park
Place, a private street of Tract 12873 as shown on a map filed in Book 583,
Pages 22 to 24, inclusive of Miscellaneous Maps, Records of Orange County,
California; and
WHEREAS, underlying said lot is a public utility easement granted to
the CITY, (hereinafter "EASEMENT", and
WHEREAS, said non-standard improvements may interfere with CITY's ability
to construct, operate, maintain, and replace CITY facilities within EASEMENT;
an d
WHEREAS,the underlying public utilities benefit the Tract;
NOW, THEREFORE, in consideration of the mutual promises, the parties
hereto agree as follows:
1. It is mutually agreed tnat "non-standard improvements" shall be
defined as Decorative Paving within the EASEMENT as shown on Exhibit "A";
and any additional landscaping or improvements other than ground cover or
standard concrete ntio or walk flatwork.
1 of 3
2. CITY will allow OWNER to construct, reconstruct, install, main-
tain, use, operate, repair and replace said non-standard improvements and all
facilities and appurtances necessary and incidental thereto, over CITY's facili-
ties, 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. 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 constructed to require 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 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;
(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 agrees to indemnify and hold harmless CITY, its City
Council, Boards and Commissions, officers, agents, and employees from any and
all demands, claims, losses, liability costs and expenses whatsoever,
including reasonable attorneys' fees, on account of injury or damage to persons
2 of 3
STATE OF CALIFORNIA
COUNTY OF Qr
On 11Q sL_LLa ,l jm U /5 gtr
before me, the under gned, a Notary Public in and for said State, personally appeared
Jet 1.72 /
} SS.
to be of J of the partners of the partnership
that executed the within instrument, and acknowledged to me that
such partnership executed the same.
WITNESS my ha and official seal.
Signature
Form 3215 Partnership
known to me
OFFICIAL SEAL
CHERI BRATTON-WHITESEL
NOTARY PUBLIC - CALIFORNIA
SAN BERNARDINO COW41Y
My comm. exFires MAY 31, 1991
or property suffered or claimed to be suffered as a result of the construction,
use, maintenance 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.
APPROVED AS TO FORM:
City Attorney
ATTEST:
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
CITY OF NEWPORT BEACH
a pa orpo-,ti
By
OWNER /%1AK 17L4-ept
G e.44evcrii
By
By
On , 198 , 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 ackno ledged 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 )
•: a
wJ
On this YLday of J��Li,19 , before me, n,C'�r� ,.-0�1-;La
Notary Public in and for said State personally appeared
personally known to me (or prd'ved to me on the basis of satisfactory evidence)
to be one of the partners of )0Qrk., COL e ,
the partnership that executed the within instrument and acknowledged to me that
such partnership executed the same.
My commission expires1y J/ /qq/ Witness my hand and official seal:
OFFICIAL SEAL
CHERI BRATTON-WHITESEI.
NOTARY PUBLIC - CALIFORNIA
S1AN BERN4ARDINO COUNTY
My comm. expires AWAY 31, 1991
t-ary 'ublc in and for said State
3 of 3
ts,
•••
•-.. ,,,
• s.s-,,r,
a-,
0 N
cl sz
L
PARK PLACE -
------
• -.';`_:',II:_•:.••.,---
‘
c4., 44
_ ,
V•• 'il k -1 tk 1/45 k
0
L. \ .. L
'k kK N Q
I\ \5 N
V ,V, 1/4., •-.1 44 \5
.ski'V'si a k ct
wk, kv, -7
N-',71 is
.... ..c::. <.94,y,