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Home My WebLink AboutC-2595 - Encroachment Agreement (for 117 Bayside Place)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 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT THIS AGREEMENT is made and entered into this 17th day of November , 1988, by and between Dr. Christian Bellardi and Mrs. Terry L. Bellardi, a married couple, as trustees for the Bellardi Family Trust, created under a Deed, dated June 9, 1988, whose address is 117 Bayside Place, Corona Del Mar, California 92625, 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, "OWNER" desires to construct certain improvements (hereinafter "non-standard improvements") within a varying width "CITY" easement for sewer purposes (hereinafter "EASEMENT") crossing that portion of Block "D" of the Corona Del Mar Subdivision as described in a Deed of Trust, with said parcel shown on a map filed in book 3, Pages 41 and 42 of Miscellaneous Maps, Records of Orange County, California; also known as 117 Bayside Place, Corona Del Mar, California; hereinafter referred to as "RESIDENCE"; and WHEREAS, said improvements may interfere with the 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 parties hereto agree as follows: 1. It is mutually agreed that "non-standard improvements" shall be defined as wooden stairs, decking, above -ground Jacuzzi, masonry wall and landscaping within the "EASEMENT" as shown on Exhibit "A"; and any additional landscaping or improvements other than ground cover. page 1 of 3 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 Clerks office of "CITY". "CITY" will further allow "OWNERS" to take all reasonable measures necessary or convenient to accomplish the aforesaid activities. 3. "OWNERS" and "CITY" further agree as follows: a. "OWNERS" may construct and install the "non-standard improvements" referenced herein above after replacing the existing 8-inch sewer main beneath said improvements and beyond by 3 feet on each end, to "CITY" specifications. However, 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. "OWNERS" 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 "OWNERS" to maintain or repair any "CITY" owned pipeline, conduit or cable located in or under said "non-standard improvements" after the "OWNER -caused" sewer replacement has been completed to the satisfaction of the "CITY". 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; 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 an emergency situation does not exist. Conversely, no advance notice shall be given or required where an emergency situation exists. (ii.) "OWNERS" 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 for any removal or demolition of the "non-standard improvements". (iv.) "OWNERS" agrees to pay all costs for renewal or restoration of the "non-standard improvements". d. "OWNERS" agrees to indemnify and hold "CITY", its City Council, Boards, Commissions, agents, officers and employees, from any and all demands, claims, losses, liability, costs and expenses whatsoever, including reasonable attorney's fees on account of 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". page 2 of 3 e. "OWNERS" agrees that this Agreement shall remain in full force and effect from the date of execution thereof; and shall run with the land; shall be binding upon the heirs, successors, and assigns of "OWNER's" and the Bellardi Family Trust'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, month and year first above written. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, a municipal corporation ( 69152- City Attorney Mayor ATTEST: "OWNERS", Dr. Christian & Mrs. Terry L. Bellardi, Trustees for the Bellardi Family Trust (Lee.,7_ei? Dr. Christian Bellardi City Clerk Mrs. Terry L. Bellardi STATE OF CALIFORNIA COUNTY OF ORANGE ] ] ss. On , 1988, 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. STATE OF CALIFORNIA ] ss. COUNTY OF ORANGE Notary Public in and for said State On November 17 , , 1988, before me, the undersigned, a Notary Public in and for the State, personally appeared CHRISTIAN BELLARDI and TERRY L. BELLARDI 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. WITNESS my hand and official seal. • — OFFICIAL SEAL BARBARA S. KOVAC ®'� > NOTARY PUBLIC - CALIFORNIA Ttyi PRINCIPAL OFFICE IN ORANGE COUNTY MY COMMISSION EXPIRES JULY 31, 1989 page 3 of 3 67i'lu° Notary Public in and for sa. State existing 8-inch VCP sewer 117 Bayside Place proposed 8-inch PVC replacemen sewer section. 3 ft. min. beyond improvements VT • kits - -w-•c. `ac �` sewer easement boundary exi • ting 8-inch VCP sewer Exhibit "A" 117 Bayside Place Sewer Easement Encroachment Proposed Improvements 2D', Gn 65 D I Z D 2501 ail 16 # Ic 252CZ' 'E55Ct 15 a t3 a BAYS IDE z 16 12 10 �(1" TIT f 7Tt. .25: a11�"4YT EXHIBIT "B" Vicinity Map 117 Bayside Place Non -Standard Encroachment 25004:4905,8718i 15 A 14 0 12 g p M 6 4 g 2 2701• •,hI. 20 3 1a T. 16 H 14 10 � a i 6 a 4