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Home My WebLink AboutC-2514 - Encroachment Agreement (for 219 Grand Canal)EXEMPT RECORDING REQUEST GOVERNMENT CODE 6103 RECORDING REQUESTED BY -ND WHEN RECORDED RETURN TO: City Clerk /-f( City of Newport Bead P.O. Box 1768 3300 Newport Boulevard Newport Beach, CA 92658-8915 Space above this EXEMPT C2 line for Recorder's use ENCROACHMENT AGREEMENT 88-488614 LRECORDS OFRANGE COON YI CAL FORNIA . P.M. SEP 2 61988 N. only. THIS AGREEMENT is made and entered into this c;—..lay of siTre%f'?( r , 1988, by and between Robert and Darlene Rohan, hereinafter COUNTY RECORDER 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"; W ITNESSET H: WHEREAS, OWNERS own a parcel of real property located in the City of Newport Beach, County of Orange, State of California, described as follows: Lot 19, Block 11, Section 4, Balboa Island, as per map recorded in Book 7, Page 37 of Miscellaneous Maps, Records of Orange County, California. Said real property is commonly known as 219 Grand Canal, Balboa Island, California; and WHEREAS, OWNERS desires to construct certain improvements (hereinafter "non-standard improvements"), within the public right-of-way adjacent to 219 Grand Canal, hereinafter "EASEMENT;" and WHEREAS, said non-standard improvements may interfere with CITY's ability to construct, operate, maintain, and replace CITY facilities within said EASEMENT; and WHEREAS, CITY desires to condition approval 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 OWNERS to construct said non-standard improvements; 1 of 4 88-488614 NOW, THEREFOR._, in consideration of the mutuapromises, the parties hereto agree as follows: 1. It is mutually agreed that "non-standard improvements" shall be defined as a patio not more than 30 inches in height above sidewalk grade, no fence or wall, and not closer than 18 inches from back edge of the existing public sidewalk. 2. CITY will allow OWNERS to construct, reconstruct, install, maintain, use, operate, repair and replace non-standard improvements as described above within CITY's easement; all in substantial conformance with plans and specifications therefor on file in the CITY. CITY will further allow OWNERS to take all reasonable measures necessary or convenient in accomplishing the aforesaid activities. 3. OWNERS and CITY further agree as follows: a. OWNERS may construct and install non-standard improvements substantially as described in Section 1 above. Trees or other deep root growth plantings are specifically excluded from the definition of non-standard improvements and shall not be planted in or on the EASEMENTS 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, replace or repair any CITY -owned facilities located in or under said non-standard improvements, except that OWNERS shall be responsible for repair of any CITY facilities damaged by OWNERS or their agents. 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 construction, maintenance, removal, repair, renewal, replacement or enlargement of existing or future CITY 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. 2 of 4 88-488614 (ii) OV.,,L.RS shall be responsible for arr.Angi ng for any renewal or restoration of the non-standard improvements affected by such work by CITY; (iii) CITY agrees to bear costs of any removal of the non-standard improvements. (iv) OWNERS agree to pay all costs for renewal or restoration of the non-standard improvements. d. Should CITY, in its sole discretion, determine that permanent removal of the non-standard improvements is necessary to accommodate CITY facilities, all rights granted to OWNERS herein shall be terminated and cease to exist. e. OWNERS agree to indemnify and hold harmless, CITY, its Council, Boards and Commissions, officers, agents, and employees, from any and all demands, claims, losses, liability costs and expenses whatsoever including reasonable attorneys' 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. 4. OWNERS agree that this Agreement shall remain in full force and effect from execution thereof; 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. 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,: I ") „ `i 1 ///: �p /� j r •. City Attorney" ATTEST: 4Zt City Clerk CITY O,F NWWFOT. BE a MunIcip41 orpor'atiofn Mayor; 3 of 4 88-488614 STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE �- ) On IT1- , 198 before me, the unliersigned a Notary Public in and fo the State, personally appeared nown to me to be the Mayor of 'the City of Newport Beach and LI)' �, , known to me to be the City Clerk of the City of l'Iewport Bach, nown 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. twasnmestsangywti OFFICIAL SEAL DOROTHY L. PALEN NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Exp. Apr. 5, 1989 STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) 'Ii `;( / C�...CiiA -2 Notary Public in�d f r said State 0n SEPI I ( , 1988, before me, &kJC, ST0t EO 4 , a , Notary Public in and for said State, personally appeared RCS36:0,'-'42-1 r A-0-n11€ -R0.41kr(• ---, 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. My commission expires l40 V• 301 0 u Witness my hand and official seal: OFFICIAL SEAL ERIC CASTANEDA NOTARY PUBLIC - CALIFORNIA LOS ANGELES 'GOUi41Y My comm. expires NOV 30, 1990 Notary Public in and for said State *******************************************************************************