HomeMy WebLinkAboutC-4101 - Encroachment Agreement (for 3000 West Coast Highway)88-16&43Z
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk% 2;% t;-
City of Newport Beach
Post Office Box 1768 ff
3300 Newport Boulevard EXEMPT i
Newport Beach, CA 92658-8915 C15
EXEMPT RECORDii"i 7 REQUEST P.
GOVERNMENT CODE 6103
rECORDED IN OFFICIAL RECORDS
Or ORANGE COUNTY, CALIFORNIA
-422 PM in 1 Z'88
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Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
/',
THIS AGREEMENT is made and entered into this ,day of
APR 2I,1988
��,�� , 1988, by and between West Gilchrist Associates, A California
l
\
General Partnership, whose address is
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 the laws of the State of California, hereinafter referred to
as "CITY";
3000 West Coast Highway, California,
W I T N E S S E T H:
WHEREAS, OWNER desires to construct certain improvements (hereafter
"non-standard improvements") within a CITY easement for sewer and storm drain
purposes (hereafter "EASEMENT") crossing Parcel 1 of Parcel Map 87-106
(Resubdivision No. 840) as said.Parcel is shown on a map filed in Book 227,
Pages 9 and 10 of Parcel Maps, Records of Orange County, California; also known
as 3000 West Coast Highway, Newport Beach, California; 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 Decorative Brick Paving 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 OWNER 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
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88-166432
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 construed 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 agrees to indemnify and hold harmless City, its
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
or property suffered or claimed to be suffered as a result of the construction,
use, maintenance or renewal of the non-standard improvements.
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88- 166432
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
their 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 nave caused this Agreement to
be executed on the day and year first above written.
APPROVED AS TO FORM:
y Attor
ATTEST:
cgr�`r
STATE 0,w', IA )
) ss.
COUNTY OF ORANGE )
On , IL,7,L !I , 198*, before me, the undersigned a Notary
Public in and for the State, personally appeared (�u� e. ('F,
known to me to be the Mayor of the City of Newport Beach
and /�%aN � � %fir. y'�/.�
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.
CITY OF 1 '!' BEAC
a Muni orat
By
OWNER /r(%E-sT CfL c, e/sr ,4-ssaci4TC-5
By
By
l_f(--sief
WITNESS my hand and official seal.'
STATE OF CALIFORR1A )
) ss.
COUNTY OF ORANGE )
t__, Notary Public in anid--for---said State
OFFICIAL SEAL
WILLIAM E. BROWN
NOT PY PUSLIC - CALIFORNIA
rR:; CtrAL OFFICE
ORANGE COUNTY
My Commission Exp. Aug, 26, 1913
On f,� Rd / 198i, before me, ,li vc),-F- ',tNi,✓'— Wy.4Tr , a
Notary Public in and for said State, personally appeared , -, t')
4,,,c;s T , personally known to me (or proved to me on the
basis of satisfactory evidence) to be one the partners of i✓.6-sT Gi.4C7,-/ 5T--
/9.017ci,4- 7-A-s the partnership that executed the within
instrument and acknowledged to me that such partnership executed the same.
My commission expires �cT li r.1- / 9 9/ Witness my hand and official seal:
OFFICIAL SEAL
LINDA C. GUNNING-WYATT
Notary Public—Ca:;lornia
RANGE COUNTY
�y
My Comm. Exp. Oct. 18. 1991
Notary Public
n and f sa State
r 2
88-166432
u1 ! � nevr' 1U0c1 :i3iJ
1
1. it is mutually agreed that "non-standard improvements" shall be
Prick Pavinn within the EASEMENT as shown on Exhibit "A".