HomeMy WebLinkAboutC-2686 - Encroachment Agreement (for 211 Evening Canyon)*EttR43ING REQUESTED BY AND
WHEN RECORDED RETURN T0:
NOCity Clerk/4� %77
3 City of Newport Beach
P.O. Box 1768
3300 Newport Boulevard
....)Newport Beach, CA 92658-8915
Space above
COODERATE1
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EXEMPT RECORDING REQUEST PER
GOVERNMENT CODE 6103
EXEMPT.
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this line for Recorder's use
ENCROACHMENT AGREEMENT
THIS AGREEMENT is made and entered
f �c,`(.�; , 1986, by and between SAMUEL
MORDEDD IN OFFICIAL REOORDS
OF ORANGE COUNTY, CALIFORNIA
-115OAM SEP 3 '8 /2
only. J' Cif( vc
NE`POi BEAD.
{ CAI.
-71, SEP 2219S6*.
tci;t;�D
into this alay of\�.
LINDSAY, whose address is
211 Evening Canyon Road, Corona del Mar, California, hereinafter referred to as
"OWNER," and the CITY OF NEWPORT BEACH, a municipal
existing under and by virtue of its Charter and the
the State of California, hereinafter referred to as
W ITNESSET H:
corporation, organized and
Constitution and the laws of
"CITY";
WHEREAS, OWNER desires to construct certain improvements (hereafter
"non-standard improvements") within a ten -foot -wide CITY easement for sewer pur-
poses (hereafter "EASEMENT") crossing Lot 124 of Tract 1116 as said lot is shown
on a map filed in Book 36, Pages 19 and 20 of Miscellaneous Maps, Records of
Orange County, California; also known as 211 Evening Canyon, Newport Beach,
California; hereafter referred to as "RESIDENCE"; 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 par-
ties hereto agree as follows:
1. It is mutually agreed that "non-standard improvements" shall be
defined as retaining walls and stairs 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 appurtances necessary and incidental thereto, over CITY's
facilities, all in substantial conformance with plans and specifications there-
for on file in the CITY. CITY will further allow OWNER to take all reasonable
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1
'RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
P.O. Box 1768
3300 Newport Boulevard
Newport Beach, CA 92658-8915
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
THIS AGREEMENT is made and entered into this] day of
0 6-.95.' , 1986, by and between SAMUEL LINDSAY, whose address is
211 Evening Canyon Road, Corona del Mar, California, 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'°;
W ITNESSET H:
WHEREAS, OWNER desires to construct certain improvements (hereafter
"non-standard improvements") within a ten -foot -wide CITY easement for sewer pur-
poses (hereafter "EASEMENT") crossing Lot 124 of Tract 1116 as said lot is shown
on a map filed in Book 36, Pages 19 and 20 of Miscellaneous Maps, Records of
Orange County, California; also known as 211 Evening Canyon, Newport Beach,
California; hereafter referred to as "RESIDENCE"; 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 par-
ties hereto agree as follows:
1. It is mutually agreed that "non-standard improvements" shall be
defined as retaining walls and stairs 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 appurtances necessary and incidental thereto, over CITY's
facilities, all in substantial conformance with plans and specifications there-
for on file in the CITY. CITY will further allow OWNER to take all reasonable
1 of 3
measures necessary or convenient in acomplishing the aforesaid activities.
3. OWNER and CITY further agree as follows:
a. OWNER may construct and instal 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.
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
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 require 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 EASEMENT owned
by CITY to exercise its primary rights associated with said EASEMENT, 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.
(11) 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, its officers,
agents and employees, from any and all demands, claims, losses or liability on
account cf 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.
4. OWNER agrees that this Agreement shall remain in full force and
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effect from execution thereof; shall run with the land; shall be binding upon
the 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 have caused this Agreement
to be executed on the day and year first above written.
APPROVED AS TO FORM:
ATTEST:
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
CITYAF—N,EWPORT BEACH,
a i unicipa'1 orpor c
j
B1
OWNER
6;>
By Pip
Samuel G. Lindsay 7J70/,;if,
On , 1986, before me, the undersigned, a Notary
Public in and for the State, personally appeared
, known 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, known to 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.
Notary Public in and for said State
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On ( LcL , 1986, before me, the unc�rsigned, a Notary
Public in and for said State, personally appeared j c�mue/ 62. LmdSa c
, 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 acknowledged that he/she executed the same.
Notary Public
�.,.T� `.Y, ,.fir_-'/f✓�
(P
OFF1^!.4l SEAL
TINA GOYA
Notary Pubiic California
O: A Gc COUNTY
Exp l f$/R4•
for said State
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