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Home My WebLink AboutC-2790 - Non-Standard Encroachment Agreement (for 2401 Cliff Drive)PLEASE COMPLETE THIS INFOR'''TION RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: DOC # 94-0663265 15—NOV—i9�94 03:11 PM Official Recorded in I icial Records o65469 Of Ora1132 County, California Lee A. Br;nch : County RFrnr, er Rase 1 of 7 Fees: $ ''T ..^ Tax: $ 0.00 THIS SPACE FOR RECORDER'S USE ONLY TITLE: WO — THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) '7P .* 1 1 9 2 RECORDING REQUESTE , r AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach P.O. Box 1768 3300 Newport Boulevard Newport Beach, California 92659-8915 Space above this line for Recorder's use only. NON-STANDARD ENCROACHMENT AGREEMENT T IS AGREEMENT is made and entered into this day of ` , 1994, by and between Gary and Vicki Lee Ziesche, husband and wife, as joint tenants, hereinafter referred to as "OWNERS", 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"; WITNESSETH: WHEREAS, OWNERS are the owners of real property located at 2401 Cliff Drive, Newport Beach, California and legally described as Parcel 2, Parcel Map Book 56, page 49, hereinafter referred to as Property, and; WHEREAS, OWNERS desire to construct certain improvements defined in this agreement, (hereinafter referred to as "non-standard improvements") over an existing sewer easement dedicated to the CITY recorded in Book 10587, Page 936, O.R., more particular shown on Exhibit "A", attached hereto, and; WHEREAS, the "non-standard improvements" proposed to be placed on, over, or within the limits of the CITY's public sewer easements, ordinarily are prohibited, without CITY approval, OWNERS shall be allowed by special permission under this Agreement and by permit from the CITY Building Department, Public Works Department and Utilities Department, to construct these proposed "non-standard improvements" with specific conditions, and; WHEREAS, said "non-standard improvements" may constitute an abnormal burden upon the CITY's ability to maintain and operate the CITY's sewer within the easement. As a result, CITY requires OWNERS to assume all responsibility for these encroaching, "non-standard improvements" and all encroaching installations, improvements, and landscaping, and; lof3 NOW THEREFORE, the parties agree as follows; 1 It is mutually agreed that "non-standard improvements" shall be defined as 4-Inch drainage lines crossing the sewer easement as shown on Exhibit 2. OWNERS agree to maintain the "non-standard improvements" in accord with general prevailing standards of maintenance, and shall pay all costs and expenses incurred in doing so, and; 3. OWNERS acknowledge and fully understand that CITY may, from time to time, have to remove, excavate and/or otherwise damage these encroaching, "non-standard improvements" in the course of maintaining, repairing and operating the City sewer system, and OWNERS further acknowledge that CITY is under no obligation whatsoever, to replace, or pay for replacement or repair of any of the "non-standard improvements" within the CITY easement area, and; 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, and; S. OWNERS non-standard improvements may also include landscaping, in the form of: ground cover, grass, turf, small shrubbery and bushes less than 36-inches in height, OWNERS understand that no trees of any variety may be planted or maintained within the CITY public sewer easement because of potential root interference and maintenance access problems, and; 6. OWNERS shall not be permitted by virtue of this Agreement, to construct any additional, "non-standard improvements" in CITY public sewer easement 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, and; 7. OWNERS agree that this written Agreement shall remain in full force and effect from the date first written above; shall run with the land; and shall be binding upon the heirs, successors, and assigns of OWNERS of the above referenced Property. City Of Newport Beach, a municipal corporation Gary & Vicki Lee Ziesche Husband & Wife as Joint Tenants Gary Ziesc. e IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day, month and year first above written. Approved As To Form: Robin Flor Attest: istant City Attorney Wanda Raggio, Clerk Vicki Lee Zies ,r.IFORNIA ALL-PURPOSE ":KNOWLEDGMENT No State of G-c-LA 51_-.1at (�- County of On DA E personally appeared before me, Ctr i _ . .0(Thi+15 \ i CL./ , NAME. TIRE OF OFFICER • E.G..'JANE DOE. NOTARY PUBIC' l".VII NAmE(S) OF SIGNER(S) ❑ personally 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 instrument and ac- knowledged 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. KATHERINE 1. HOLTON l COMM. #1015719 Notary Public - California ORANGE COUNTY My Comm. Expires JAN 30,1998 THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: WITNE my hand and official seal. SIG AT -E O NOTARY OPTIONAL SECTION., n_�^ TITLE OR TYPE OF DOCUMENT 1(�"1 tYdAa oI,�RPAP CLG. NUMBER OF PAGES DATE OF DOCUMENT \ G.,S 9 `i Though the data requested here is not required by law, r , IL it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE - Aif sots OPTIONAL SECTION me... CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary 10 fill in the data below, doing so may prove invaluable to persons relying on the document. INDIVIDUAL ❑ CORPORATE OFFICER(S) TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY•IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) 01993 NATIONAL NOTARY ASSOCIATION • 8236 Rommel Ave., P.O. Box 7184 • Canoga Park, CA 91309.71 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of On lc+ ATE A before me, personally appeared ❑ personally known to me - z KATHERINE L. HOLTON COMM. #1015719 Notary Public - California ORANGE COUNTY My Comm. Expires JAN 30,1998 J fI A4AA.a>1 y, 2, NAME. TITLE OFFICER • E.G .."JAN DOE, NOTARY PUBLI 'l� 9 Q � AME(S) OF SIGNER(S) OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged 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. z z WITNE'S my hand . d official seal. GNATURE OF NOTARY - OPTIONAL SECTION, - 1z,,, � cc) r1M A& (lc)4^- DATE OF DOCUMENT 79 1cictq No 5 OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below. doing so may prove invaluable to persons relying on the document INDIVIDUAL ❑ CORPORATE OFFICER(S) TITLES) ❑ PA.RTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: TITLE OR TYPE OF DOCUMENT NI IMRFR OF PAGES 3__ EXHIBIT " A" PARCEL 1 01 4' O. ORAIN UNE CLIFF DRIVE 50.00' 2401 PARCEL 2 k.,3 PARCEL 3 E.X. BLDG.RIVE, 10' WIDE 1SEWER EASEMENT PER BOOK 10587 1� jPAGE 936, O.R. 40' SCALE_ 1' - 40' 4' S.0. DRAIN UNE l I PARCEL 4 I PARCEL 5 LEGEND - LIMITS OF NON-STANDARD ENCROACHMENT DATE: 2/01/94 2401 CUFF DRIVE, PARCEL 2. P.14.B. 56/49 NON-STANDARD ENCROACHMENT CITY OF NEWPORT BEACH PAGE 5 OF 5 State of California County of Orange On /D —/ —rjy before personally appeared personally known to me - OR - me, Irene Butler, Notary Public, proved to me on the basis 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), orthe entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. CAPACITY CLAIMED BY SIGNER Individual Corporate Officer Limited Partner General Partner Attorney -in -Fact Trustee(s) Guardian/Conservator ��%2 Other:?/ %t, ,z4.Lu,z Signer is Representing: DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document N tuber of Pages 1/4( -/t tY Date of Document "PA