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HomeMy WebLinkAboutC-2527 - Encroachment Agreement (for 2411 Via Marina)(:: (1P City Clerk/ ?'2 CNJ City of Newport Beach 1 P.O. Box 1768 CJ 3300 Newport Boulevard Newport Beach, CA 92658-8915 NO CONSIDERAT1PN RECORDING REQUESTED BY AND EXEMPTR�iGREQ#��- GOVERNMENT CODE 6103 WHEN RECORDED RETURN TO: 88-449448 EXEMPT C8 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY. CALIFORNIA -3 02 PM SEP 7'88 y/J RECORDER Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT THIS AGREEMENT is made and entered into this hereinafter referred to as "OWNERS," and the CITY OF NEWPORT BEACH, a municipal day of , 1988, by and between Donald A. Pfaff and Diane E. Pfaff, 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 owns a parcel of real property located in the City of Newport Beach, County of Orange, State of California, described as follows: Lot 6, Tract 1864, as per map filed in Book 57, Page 21 of Miscellaneous Maps, Records of Orange County, California. Said real property is commonly known as 2411 Via Marina, Newport Beach, California; and WHEREAS, OWNERS desires to construct certain improvements (hereinafter "non-standard improvements"), within the right-of-way of Via Marina, hereinafter "DEDICATED PUBLIC STREET"; and WHEREAS, said non-standard improvements may interfere with CITY's ability to construct, operate, maintain, and replace CITY facilities within said DECICATED PUBLIC STREET; and WHEREAS, CITY desires to condition approval of construction of said non-standard improvements within DEDICATED PUBLIC STREET; and WHEREAS, the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to permit OWNERS to construct said non-standard improvements; 1 of 3 ^3°" 449448 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 a concrete block wall, varying in height from 24 inches to 32 inches; encroaching into the public right-of-way of Via Marina a distance varying from 12 to 21 inches. 2. CITY will allow OWNERS to construct, reconstruct, install, maintain, use, operate, repair and replace said non-standard improvements and all facilities and appurtenance necessary and incidental thereto, over CITY's facilities. 3. OWNERS and CITY further agree as follows: a. OWNERS may construct and install non-standard improvements and all facilities and appurtenances necessary and incidental thereto. 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 required OWNERS 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 DEDICATED PUBLIC STREET owned by CITY to exercise its primary rights associated with said DEDICATED PUBLIC STREET, 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 OWNERS of its intention to accomplish such work, if an emergency situation does not exist. (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 of any removal of the non-standard improvements. (iv) OWNERS agrees to pay all costs for renewal or restoration of the non-standard improvements. 2 of 3 887449448 d. OWNERS shall indemnify and hold harmless, City, its City Council, boards and commissions, officers, and employees from and against any and all loss, damages, 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 to the construction, use, maintenance or renewal of the non-standard improvements. 4. OWNERS agrees that this Agreement shall remain in full force and effect from execution thereof; shall run with the land; shall be binding upon their 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. CITY OF NE a Mu _ f. PROVED AS TO FORM: By STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE / On 40 f' • 6% , - 8 before me, th.e jindersi gned a Notary Public in and or the Sta e, personally appeared (- - , knfown to me to be the Mayor Of the'City`of'Newport Beach and " =.,,ham , 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. Ai:az °DoRo n'`Lalr�� NOTARY PUBLIC - CALIFORNIA , �1 PRINCIPAL OFFICE IN ORANGE COUNTY My Omission Exp. Apr. 5, 1989 STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) al 1,kWitnessed my hand and official seal. Notary Public to and for said State On 4,0, , 1985, before me, „ am -IS f ,�Q� , a Notary Public in'and for said State, personally appeared Donal&A. Pfaff and Diane E. Pfaff, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person that executed this instrument, and acknowledged to me that he/she executed the same. g/3C/Cil My commission expires OFFICIAL SEAL LORELI HILLEARY NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Exp. Aug. 30, 1991 Witness my hand Notary Public in and for said,$tate 3 of 3 and official seal.