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Home My WebLink AboutC-2735 - Non-Standard Encroachment Agreement (for 212 Kings)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. DOC # 95- 02 324 20—JAN-1995 08:45 AM Recorded in Official Records of Orange County, California Gary L. Granville, Clerk -Recorder Face 1 of 10 Fees: $ 37.00 Tax: $ 0.00 NON-STANDARD ENCROACHMENT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND CLAY HALL AND FREIDA HALL This instrument is being re -recorded due to missing information on page 1 in two locations. The reference to: "...within a portion of an existing Easement.." and "...as described in Document No. should read as follows: "...within a portion of an existing 10-foot Sewer Easement..." and "...as described in Document No.94-0665505..." IN WITNESS WHEREOF, this instrument has been executed this &a day of , 1994. Clay Hall Freida Hall (ostoP lc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of 0 Ons a a r IGG`t DATE personally appeared before me, Va , �ti'� G' .0 r, •V „, 0._ •• N6AE. TIRE OF OFFICER - E.G.,'JANIE DOE, NO PUBLIC' • oA „r.,,Q %A . ki NAME(S) OF SIGNER(S) personally known to me - OR - ❑ OFFICIAL SEAL VIRGINIA A. VARM NOTARY PUBLIC • CALI COMMISSION # 998097 C ORANGE My Commission Exp.Ju y COUNTY0,1907 1 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 bis/hor/their authorized capacity(ies), and that by 1Hris/•hcr/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal, THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. y - V CRJLA+v� SIGNATURE OF NOTARY OPTIONAL SECTION 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) TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSEI?VATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach P. O. Box 1768 3300 Newport Boulevard Newport Beach, California 92658-8915 Dr" -JO%li3'268 15—t OV-199t 03: 11 PM Recorded in Official Records of Orange County, California Lee A. Branch, County Recorder Paae 1 of 8 fees: $ 26.00 Tax: $ O.O Space above this line for Recorder's use only. NON-STANDARD ENCROACHMENT AGREEMENT THIS AGREEMENT is made and entered into this /9GtU day of October, 1994, by and between Clay Hall and Freida Hall, husband and wife as Joint Tenants, 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". RECITALS: WHEREAS, "OWNERS" are the owners of real property known as 212 Kings Place, Newport Beach, California and legally described as (the "PROPERTY"), and; WHEREAS, "OWNERS" desire to construct certain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within a portion of an existing Easement across the property (hereinafter "EASEMENT"), as described in Document No. in the office of the County Recorder of Orange County, California, and; WHEREAS, the "PERMITTED IMPROVEMENTS" proposed to be placed on, over, or within the limits of the "EASEMENT" are ordinarily prohibited within public easement areas, without an approved encroachment permit. However, in consideration of "OWNERS" assent to the conditions of this "AGREEMENT" 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 "PERMITTED IMPROVEMENTS" with specific conditions, and; WHEREAS, "PERMITTED IMPROVEMENTS" will constitute a burden upon the "CITY's" ability to maintain and operate the "CITY's" utilities within said "EASEMENT". 1 of 5 encroaching, "PERMITTED IMPROVEMENTS" and all encroaching installations, improvements, and landscaping, and; WHEREAS, the parties desire to enter into this "AGREEMENT" which provides conditions to allow the "OWNERS" to install and maintain "PERMITTED IMPROVEMENTS". NOW THEREFORE, in consideration of the mutual promises, the parties agree as follows: 1. It is mutually agreed that "PERMITTED IMPROVEMENTS" shall be defined as a reinforced, concrete retaining wall of varying height as shown on Exhibit "A" attached hereto and as approved by the City Engineer. 2. "CITY" will permit "OWNERS" to construct, reconstruct, install, maintain, use, operate, repair and replace "PERMITTED IMPROVEMENTS" and incidental appurtenances within a portion of the "EASEMENT", all in substantial conformance with plans and specifications on file in the "CITY". "CITY" will further allow "OWNER" to take all reasonable measures necessary or convenient in accomplishing these activities. 3. Rights granted under this "AGREEMENT' may be terminated by "CITY" at any time at "CITY's" sole discretion, by giving 60 days written notice, specifying in the notice the date of termination. "CITY" shall incur no liability whatsoever in the event of the termination of this "AGREEMENT", or subsequent removal of improvements by "CITY". 4. "OWNERS" and "CITY" further agree as follows: a. "OWNERS" may construct and install "PERMITTED IMPROVEMENTS" and incidental appurtenances in substantial conformance with plans and specifications on file in the City's Public Works Department, and as described on attached Exhibit "A". b. "OWNERS" shall maintain the "PERMITTED IMPROVEMENTS" in accordance with general prevailing standards of maintenance, and pay all costs and expenses incurred in doing so. However, nothing in this "AGREEMENT" shall be construed to require "OWNERS" to maintain, replace or repair any 2 of 5 "CITY" owned pipeline, conduit or cable located in or under the permitted improvements, unless required by this "AGREEMENT". c. If any public facilities property or improvements are damaged by the installation or presence of "PERMITTED IMPROVEMENTS", "OWNERS" shall be responsible for the cost of repairs. d. Should "CITY" be required to enter onto the "EASEMENT" to exercise its primary rights associated with the "EASEMENT" , including but not limited to, the maintenance, removal, repair, renewal, replacement or enlargement of existing or future public facilities or improvements, "CITY" may remove, or excavate as necessary the encroaching, "PERMITTED IMPROVEMENTS", as required, and in such event: (i) "CITY" shall notify "OWNERS" of its intention to remove the "PERMITTED IMPROVEMENTS" if any emergency situation does not exist; (ii) "OWNERS" shall be responsible for arranging for any renewal or restoration of the "PERMITTED IMPROVEMENTS" affected by such work by "CITY"; (iii) "CITY" agrees to bear only the cost of any removal of the "PERMITTED IMPROVEMENTS" affected by such work; (iv) "CITY" will not be responsible for any damage to the "PERMITTED IMPROVEMENTS" which may result from there removal; (v) "OWNERS" agree to pay all costs for renewal or restoration of the "PERMITTED IMPROVEMENTS". 5. "OWNERS" shall not be permitted by virtue of this "AGREEMENT" to install any additional improvements in "CITY" "EASEMENT" in the future, without first obtaining all the 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; 3or5 6. In the event either party breaches any material provision of this "AGREEMENT", the other party at its option may, in addition to other legal remedies available to it, terminate this "AGREEMENT", and, in the event the breaching party is "OWNERS", "CITY" may enter upon the "EASEMENT" and remove all or part of the improvements installed by "OWNERS". Termination because of breach of this "AGREEMENT" shall be based upon a minimum of ten (10) days notice with the notice specifying the date of termination. In the event of litigation commenced with respect to any term or condition of this "AGREEMENT", the prevailing party shall be entitled to reasonable attorney's fees and costs incurred. 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, 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 "PERMITTED IMPROVEMENTS". 8. "OWNERS" agree that this "AGREEMENT" shall remain in full force and effect from execution; 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. 4of5 IN WITNESS WHEREOF, the parties have caused this "AGREEMENT" to be executed on the day, month and year first above written. Approved as to Form: Robin Clauson, Assistant City Attorney Attest: City of Newport Beach, a municipal corporation Clarence f er, Mayor Clay Hall Property Owner Wanda Raggio, C'' 1 lerk Clay Ha 1, Owner Freida Hall Property Owner Frie • a Hall, Owner 5 of 5 RETA t nit p„( 10/ALL " ( o • ••• SP.5.-151, SE Wc-1.1-1 51,10,4•50,15 OF 1..,1 SPO.C1-164.11. Cosy crr..) a • ••4, T.., core CUFF DRIVE — ?Se 0.,ST Ev.lor PL.P.4,A 0, 9, • 0". ", ai — 4.....C: sm•morcrm • .• -1. J •, , ..,,„_.„- „.„,,,:: . ; ift*gc k . j 4 .r.''L•tr..n.,T;;:z ' rf. :_. Its* 4 ... ,......,........E.F0 5.,,,,.., s',..... par., , C..) / .......o...a...C.., ...." ...441, t. • -,,,, • '' • . ) . " .. ••• , / EXISTING RESIDENCE ."...- ..... 4T. 1 i 1 ''." • 1 ,f;‘, I +— _1 -- 1 <S.--t--1 1 A-,':1, 1 ' ,.. I,. 1 1 , .., . 1 , .....e. 1 1 -.. aliki-=',.iforriZScS 1,../ ' / • LT S a• t KINGS ROAD • •A‘ .•••-eS 4/ Pt -'OE 5,, FS... FOR Els.... Cc...,TICOL. Lec-rc re.. .1, — -Ts Cr-IST. YOE ...RD az" AQ.-!OE 74. • tle.aSS 1. 5 5.4 SUBS ...G.-1,Sr SS Mei • TY.. ,IJ•Jea 1.20=.54T1 c E)e,‘,/t6t-T- 1 CALIFORNIA ALL-PURPOSE ACK WLEDGMENT 1 �•� OFFICIAL SEAL �,� VIRGINIA A VARIN N 'ts; _ NOTARY PUBUC - CALIFORNIA %Tel. COMMISSION It 906097 ORANGE COUNTY C i - - - My Ccu miWon _bp: July ?A,1a67 E State of County of 0 On 5'ac . Sy DATE personally appeared before me, t\ U . V 4J111rea TIRE OF OFFICER - E.G..'JANE lupe. NOTARY %J&I ' r�( ��j �eXX NAME(S) OF SIGNER(S) ❑ personally known to me - OR - roved to me on the basis of satisfactory evidence to be the persor)ksj'whose names/are subscribed to the within instrument and acknowled ed to me that 'she/they executed the same inii her/their authorized capacityh ), and that by l her/their signature sYon the instrument the person(1), or the entity upon behalf of which the person(s)-acted, executed the instrument. WITNESS my hand and official seal. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law. it could prevent fraudulent reattachment of this form. ou - a .- SIGNATURE OF NOTARY -- OPTIONAL SECTION CAPACITY CLAIMED BY SIGNE , 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) TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) OPTIONAL SECTION TITLE OR TYPE OF DOCUMENT / ,a.A L- p C n n�vJ✓ NUMBER OF PAGES 3 DA OF DOCUMENT 9 •ac. • 9 SIGNER(S) OTHER THAN NAMED ABOVE " t CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of r\,o., On `\•"-`s.q t v before me, . Q •O C -tt-cl • DATE N W . TITLE OF OFFICER - E.G..'JANE DOE. NOPJN PU • personally appeared ❑ personally known to me - OR - OFFICIAL SEAL VIRGINIA A. VARIN NOTARY PUBLIC - CALIFORNIA COMMISSION 986097 ORANGE Y C tAY Commission Exp. July 20, 1997 NAME(S) OF SIGNER(S) proved to me on the basis of satisfactory evidence to be the person.(-ewhose names are subscribed to the within instrument and acknowledged to me that he(sh they executed the same in his/ /their authorized capacityEie ), and that by his/ /their signature(-s`Son the instrument the personEs'T, or the entity upon behalf of which the personEsjacted, executed the instrument. WITNESS my hand and official seal. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here Is not required by low. it could prevent fraudulent reattachment of this form. SIGNATURE OF NOTARY OPTIONAL SECTION TITLE OR TYPE OF DOCUMENT w,n„L NUMBER OF PAGES 3 SIGNER(S) OTHER THAN NAMED ABOVE — 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 retying on the document. ❑ INDIVIDUAL ❑ CORPORATE OFFICER(S) TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DATE OF DOCUMENT 5 • a S • 9 `I State of California County of Orange On before me, Irene Butler, Notary Public, personally appeared personally known to me - OR - 0 2 ,,�UTLR ,,�.�{� r. Comm. 11008878 tip; �M •TARY PUBLIC CAUFORNlA1� ORANGE COUNTY (7 Comm. Expins Nov. 11. 1497 " 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 V Other: )r7//4 ' Date of Document DESCRIPTION OF ATTACHED DOCUMENT `7Zol Title or Type of Document Title or Type of Document Signer is Representing: Numfir of Pages Signer(s) Other Than Named Above