HomeMy WebLinkAboutC-3552(A) - Non-Standard Encroachment Agreement (for 701 Kings Road)F
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NOW THEREFORE, the parties agree as follows;
1. "OWNERS" agree to maintain the aforesaid "non-
standard improvements" and facilities in accord with general prevailing
standards of maintenance, and shall pay all costs and expenses incurred in
doing so, and;
2. "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;
3. "OWNERS" also acknowledges and fully understands
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;
4. "OWNER's" proposed improvements may 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" sewer
easement because of potential root interference and maintenance access
problems, and;
5. "OWNERS" shall not be permitted by virtue of this
Agreement, to install any additional, "non-standard improvements" in
"CITY" 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;
6. "OWNERS" agree to defend, indemnify and hold
harmless "CITY", its officers and employees with respect to any claim,
damage or injury related to the "non-standard improvements", provided
that "OWNERS" shall have no such obligation if the claim, damage or
injury was caused by any officer, employee or representative of "City", 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".
page 2 of 5
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: CITY OF NEWPORT BEACH,
a municipal corporation
Robin Flory, Assistan,City Attorney
ATTEST:
Wanda Raggio, Cit f fterk
Phil Sanene, Mayor
Omer W. Long Family Trust
an Individual , as Trustee
4tLC_
Omer W. Long, Trustee
page 3 of 5
STATE OF CALIFORNIA
J ss.
COUNTY OF ORANGE
On ,1991��`I,,.,..1..
� — �y �% �� ; ��;d: sr�; a Notary
Public in and for the State, personally appeared 7�t
kn n 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,
know o me to be the persons whose names are subscribed to the within
instrument, and acknowledged to me that they executed the same.
WITNESS my hand and official seal.
i�uT2ia ;
nn
TARY PUBUC CALIFOR
Comm. #1008878MA>Z
ORANGE COUNTY ��t�lljjj)))
Comm. Expires Nov. 11, 1997 -I
Notary Public in and for said State
STATE OF CALIFORNIA J
] ss.
COUNTY OF ORANGE
On Apr, 1 , 1991, before me, the undersigned, a Notary
Public in and for the State, personally appeared Ceti' 'r LO A xr
known to me (or proved to me on the basis of satisfactory eviden to be the
person(s) whose name(s) is (are) subscribed to the within instrument, and
acknowledged that he/she executed the same.
WITNESS my hand and official seal.
4+ee+e.oeeea,
OFFICIAL SEAL
NOTARY NNEUEUC - BELL
• F ORNIA
PRwcrPat OFFICE FIN
TIN
�� COUNTY
♦Oee• eee My ClxnmissionExp. JulyS, 1994 •
voOe
page 4 of 5
709
700
KINGS
scale
1"=40'
page 5 of 5
0
0
625
660
ROAD
615
City of Newport Beach
EXHIBIT "A"
Non -Standard Encroachment
701 Kings Road