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Home My WebLink AboutC-4573 - Non-Standard Encroachment Agreement (for 603 Kings Road)RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Ctiy Clerk City of Newport Beach 3300 Newport Beach P.O.Box 1768 Newport Beach, Ca. 92659-1768 Attn: Public Works Dept. jj� F q_ f 55..FF J it i ii 16—JN-1 9 AFLRecord 'i r _i, v f R,_; , ,_s Ul RPcordPr NON-STANDARD ENCROACHMENT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND JIRAIRO PALANJIAN AND MARION PALANJIAN This instrument is being re -recorded due to information on page 1. The reference to "recorded as 3216, Pages 447 to 450]" is corrected hereby to read: "recorded as [O.R Document No.94-260641]. incorrect [O.R. Book IN WITNESS WHEREOF, this instrument has been executed this /4f day of Lie/A/6- , 1994. Jirairo Palanjian and Marion Palanjian By By STATE OF CALIFORNIA ) COUNTY OF ORANGE ss On ✓Vii/� 1994, before me, the undersigned, a Notary Public in and for Said State, personally appeared ,J/p11//1- 6 proved to me on the person(s) whose name(s) ®:re subscribed to the within instrument and acknowledged that he/they executed the same in hi her/theirauthorized capacity(ies), and that by her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. A LAB/✓//e4F/ , personally known to me asis of satisfactory evidence) to be WITNESS my hand and official Signa ure (or the RECORDING REQUEST1 AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92659-1768 AW4 — 9 SI37„J ° ` Y� L�Add. ''2-573 790 �� -& t ( tag,- RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA -ip 25 AM JUL 31 '92 44- Q c taee,Z RECORDER (,2 Lion Nt $ Other I 1 oral 1mac. Fees ..r,j$ Space above this line for Recorder's use only. NON-STANDARD ENCROACHMENT AGREEMENT ('1 THIS AGREEMENT is made and entered into this // —A day of /t/%.41-9/ , 1992, by and between Jirairo Palanjian and Marion Palanjion, husband and wife, as community property owners, whose address is 603 Kings Road, hereinafter referred to as "OWNERS", 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 referred to as "CITY"; RECEIVE® AUG 14 1992 car CLERK W I T N E S S E T H k Po T gay WHEREAS, OWNERS own the real property located at 603 Kings Road, Newport Beach, California 92663, legally described as Lot 16 of Block "E" in Tract No. 1219, hereinafter referred to as "property", and WHEREAS, OWNERS desire to construct certain improvements (hereinafter"non-standard improvements") within a ten (10) foot wide City easement for sewer purposes (hereinafter "EASEMENT") recorded as [O.R. Book 3216, Pages 447 to 450] and within the Kings Road parkway (hereinafter "RIGHT-OF-WAY). WHEREAS, said improvements may interfere with CITY's ability to construct, operate, maintain and replace CITY facilities within EASEMENT and RIGHT-OF-WAY; and WHEREAS, CITY desires to condition approval of construction of said "non-standard improvements" within EASEMENT and RIGHT-OF-WAY; and WHEREAS, the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to permit OWNERS 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" over EASEMENT shall be defined as walls, footings, planters, hardscape surfaces, other non -habitable structures and 1 appurtenances wit, i the EASEMENT as shown on xhibit "A" and any additional landscaping or improvements other than ground cover or standard concrete patio or walk flatwork and that "non-standard improvements" over RIGHT-OF-WAY shall be defined as decorative concrete paving, planters and appurtenances within RIGHT-OF-WAY as shown on Exhibit "A" and any additional landscaping or improvements other than ground cover or standard concrete walk and drive apron flatwork. 2. CITY will allow OWNERS to construct, reconstruct, install, maintain, use, operate, repair and replace said non- standard improvements and all facilities and appurtenances 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 OWNERS to take all reasonable measures necessary or convenient in accomplishing the aforesaid activities. 3. OWNER and CITY further agree as follows: a. OWNERS 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 in Exhibit "A" hereto attached. 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 require OWNER to maintain, replace or repair any City -owned pipeline, conduit or cable located in or under said non-standard improvements. c. If CITY or other public facilities or improvements are damaged by the installation or presence of "non-standard improvements", OWNERS shall be responsible for the cost of repairs. d. That should CITY be required to enter onto said EASEMENT or RIGHT-OF-WAY owned by CITY to exercise its primary rights associated with EASEMENT or RIGHT-OF-WAY, 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 OWNERS of its intention to accomplish such work, if any emergency situation does not exist. 2 (ii, OWNERS shall be responsiule for arranging for any renewal or restoration of the "non-standard improvements" affected by such work by CITY; (iii) CITY agrees to bear only the cost of any removal of the "non-standard improvements" affected by such work by CITY; (iv) OWNERS agrees to pay all costs for renewal or restoration of the "non-standard improvements". 4. OWNERS also acknowledge and fully understand that should they desire to reconstruct, repair or replace any of the encroaching, "non-standard improvements" that all costs shall be borne solely by the OWNERS. 5. OWNERS proposed improvements may include landscaping, in the form of ground cover, turf and small shrubbery less than 36-inches in height. OWNERS understand that 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 EASEMENT or RIGHT-OF-WAY under any circumstances whatsoever because of potential root interference and maintenance access problems. 6. OWNERS shall not be permitted by virtue of this agreement, to install any additional, "non-standard improvements" in EASEMENT or RIGHT-OF-WAY in the future without first obtaining all required permits for such work as may be proposed and not without special permission from CITY, in writing, for any such additional installations or construction. 7. OWNERS 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 outside attorneys are so utilized), regardless of the 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 "non-standard improvements". 8. OWNERS agree 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. 3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first -above written. APPROVED AS /O FORM: By: City Attorney ATTEST: City Cle TE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE CITY OF NEWPORT BEACH, a Municipal corporation M4,yor On'�% a-3 , 1992, before me, the undersigned, a Notary Public n and for the State, personally appeared e Phil Sansone , known to me to be the Mayor of the City of Newport Beach and Wanda E. Raggio , 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. 1 E661 '91 'ur 28403 •1.14wo0 RW A1N100 30NY80 YINa03nV0 • °nand AbYMON S31AO NA1 YNflVHS 'IyaS'IVIOI33 d official STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE 4 i ary Public in a Mil ;f for itf SHAUNA LYN OYLER IIOTMY MUM • CALIFORNIA OMNGE COUNTY My comm. Expires Jan. 16, 1993 x-1/4� aid State On /j%Zz- , 1992, before me, the undersigned, a Notary Public in and for the State, personally appeared --i QA/ 2 O 444 r a' , 4'J M+4,0A /4,44A9,1744' , 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 instruction and acknowledged that he/she/they executed the same. Notary Pu lic in and for said State AG\KINGS.ENC OFFICIAL SEAL 'IAAYM'ON'D H ROGERS NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My comm. expires SEP 5, 1992 4 i 1 t 3 4 v 0 was a Afg 1110 NI.L•lwiel . •INVNO IOVv• JO •N11 331. 1101 Mina ME 1 $40 UMMUU MUM MUM MUNN MEOW MIEUIEWb MMUMSgtx MOSSUOMOMM MOMMomM qa @SIMesq 1 iammosaammmumury Mmimamammomm iPIBB6I&tl13WWE$1■ wigoo w,.......r...... +.... I",D.•- -- j 1 14 4 1 1'1-4 14O.0a • W 0 Z >- W o Fig isupgrti ISM Nair Winutail MN mop mmiz Ul: UI 10•K