HomeMy WebLinkAboutC-2527 - Encroachment Agreement (for 2411 Via Marina)(::
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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;
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^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.
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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
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and official seal.