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Home My WebLink AboutC-2198 - Encroachment Agreement (for San Joaquin Hills Road)RECCIRDING REQUESTED BY AND RECORDED RETURN TO: Ci ty Cl erk/ ,y ".2) J. City of Newport Beach .-• 3300 Newport Boulevard (NJ;Newport Beach, CA 92663-3884 ITIGIORATION EXEMPT RECORDING REQUEST PER GOVERNMENT CODE 6103 fr',., ., �/„f, .*'''Z8 6-2555067q76(-- mPT C6 Space above this line for Recorder's use only ENCROACHMENT AGREEMENT THIS AGREEMENT, is made and entered into thisday of CITY Of NFY1on"'l BEACH. 9 JUN 41986g ; i0 RECEIVED CITY CLERK 1986, by and between the CITY OF NEWPORT BEACH, a municipal corporation, here- inafter referred to as "CITY," and THE IRVINE COMPANY, A Michigan Corporation, hereinafter referred to as "COMPANY." W ITNESSET H: WHEREAS, COMPANY desires to construct non-standard street improvements at certain locations along San Joaquin Hills Road, a public street and public utility easement, as shown on a map filed in Book 25, page 14 of Parcel Maps, records of Orange County, California; and WHEREAS, CITY has water, sewer, street light and storm drain facilities located within said easement; and WHEREAS, CITY desires to condition approval of construction of said non-standard improvements over said facilities; and WHEREAS, the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to permit COMPANY to construct said non-standard improvements; NOW, THEREFORE, in consideration of their mutual promises, the parties hereto agree as follows: 1. DEFINITIONS "Non-standard street improvements" (hereafter "IMPROVEMENTS") shall be defined to include parkway trees and tile pavers. RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA -4 09 PM MAY i 9'86 CUUNTE �,1 `r%�,+�'••�... RECORDER 1 of 4 2. TERM Rights granted under this Agreement may be terminated in the event that CITY desires to use the EASEMENT for street purposes. CITY may terminate this Agreement by giving 60 days' notice of its intention to do so, specifying in said notice the date of termination. CITY shall incur no liability what- soever in the event of the termination of this Agreement, or subsequent removal of improvements by CITY. 3. RIGHTS OF COMPANY COMPANY may construct, reconstruct, install, maintain, use, operate, repair and replace said improvements, all in substantial conformance with plans and specifications therefor on file in the CITY's Public Works Department, in,on and across those certain easements described in Exhibit "A" hereto. 4. COMPANY'S DUTIES COMPANY shall properly and regularly maintain the improvements and shall timely pay all costs and expenses incurred in doing so. In the event that owner fails to properly and/or regularly maintain the improvements, CITY may, at its option, assume the maintenance of the improvements and COMPANY agrees to pay all costs incurred by CITY in maintaining the improvements. 5. REPAIRS CITY has the right to make such repairs to the improvements as it deems necessary for the protection of the public health, welfare and safety. COMPANY agrees to promptly reimburse CITY for the reasonable costs and expenses incurred by CITY in effecting such repairs. 6. RESTORATION Should CITY be required to enter onto the easements to construct, maintain, remove, repair, renew, replace or enlarge the water, sewer, street light, or storm drain facilities, CITY may remove all or part of the improve- ments and in such event: a. COMPANY shall restore the improvements to their condition prior to removal by CITY, said restoration to be completed within 60 days from notice to COMPANY that CITY completed its work: 2 of 4 b. CITY agrees to bear the portion of the costs of the restoration of the improvements to the extent such costs would have been incurred had stan- dard street improvements been installed by COMPANY. c. COMPANY agrees to pay any costs of restoration of the improve- ments in excess of the costs to be paid by CITY. 7. INDEMNIFICATION COMPANY agrees to indemnify, defend, and hold CITY, its officers, agents and employees harmless from all demands, claims, losses or liability that arise out of or that are in any way related to the construction, use, main- tenance or restoration of the improvements. 8. BREACH In the event either party breaches any material provision of this Agreement, the other party at its option may, in addition to the other legal remedies available to it, terminate this Agreement, and, in the event the breaching party is COMPANY, CITY may enter upon the EASEMENT and remove all or part of the improvements installed by COMPANY. Termination because of breach shall be upon a minimum of ten (10) days' notice, with the notice specifying the date of termination. In the event of litigation commenced with respect to any term or condition of this Agreement, the prevailing party shall be entitled to reasonable attorney fees and costs incurred. 9. SEVERABILITY The provisions of this Agreement are independent and severable, and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provisions hereof. 10. RECORDATION Each of the parties hereto specifically consents to the recordation of this Encroachment Agreement in the Office of the County Recorder of Orange County, California, and the covenants, restrictions and charges hereunder, and all their benefits and burdens, shall run with the land, pursuant to Section 1468 of the Civil Code of the State of California. 3 of 4 11. ASSIGNMENT The terms and conditions of this Agreement shall be binding upon the successors and assigns of COMPANY, and shall also be binding upon owners who take title to the property by reason of foreclosure, trustee's sale, or other- wise. 12. NOTICE When notice is to be given pursuant to this Agreement, it shall be addressed as follows: CITY OWNER City of Newport Beach Office of the City Attorney 3300 Newport Boulevard Newport Beach, CA 92663-3884 The Irvine Company P. 0. Box I Newport Beach, CA 92658-8904 Notice shall be deemed given as of the date of mailing when notice is properly addressed and mailed with first class postage prepaid. 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: ity Attor e ATTEST City Clerk CITY -OF -N,EWPORT BEACH, a Mun i ci . .1 Corpoon ayor THE IRVINE COMPANY 4 of 4 xecutive Vice President r or Assistant Secretary STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) On , 1986, before me, the undersigned, a Notary Public in and for said 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 ORA E ) On , ` , 1986, before me, the undersigned, a Notary Public in a d for d S ate, personally appeared William H. McFarland and F. Elizabeth Rutherford , personally known to mg (or prove to me on the basis of satisfactory evidence) resudP to be the pn ice and WrP Vry , respectively, of The Irvine Company , the corporation that executed the within instru- ment and known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument on behalf of said corporation and acknowledged to me that such corporation executed the same. WITNESS my hand and official seal. in an or a . State OFFICIAL SFAL KAREN H DE RITIS NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My comm. expires OCT 23, 1989 IEI .,. ni ■I t1. El. -Ia9iWiYfY��ilpYiffYllrY.1 .��'.1Amm.auf '1 III mil 43z.I =NI7imii� _ w 'Luuuu miif ii FU�::I M . Ill I4. NJ on, inn i r M;_� MINIM R` ___ -_ .MI I JIOI1IiHI!IiNlli! ilil' t „If ~3 r Est. s t E 11'! ow NW -� a — ! ta�•T I.IMIKAINiAMIMiR11i.�.AllMww�w 1/1118M111 w-1.1l VEi4DER 1tAE Z, 0 in • �►;ii �,-a .04 04 1 as C cr -3 03 Center Drive. a CONSULTING CIVIL ENGINEERS AND LAND SURVEYORS 71105.10 12-06-85 LEGAL DESCRIPTION FOR PROJECT AREA Being a portion of Parcels 1 and 2 in the City of Newport Beach, County of Orange, State of California, as shown on the map filed in Book 25, Page 14 of Parcel Maps, in the office of the County Recorder of said County, described as follows: Beginning at the most Easterly corner of said Parcel 1; thence South 50°00'00" West 158.51 feet along the Southeasterly line of said Parcel 1; thence North 39°15'00" West 360.80 feet to the Northwesterly line of said Parcel 2, distant thereon South 50°00'00" West 177.1.2 feet from the most Northerly corner of said Parcel 2; thence along said Northwesterly line and the Northeasterly lines of said Parcels 1 and 2, the following courses: North 50°00'00" East 177.12 feet, South 36°16'42" East 321.19 feet to the beginning of a tangent curve concave North- easterly having a radius of 6072.50 feet, and Southeasterly 40.33 feet along said curve through a central angle of 0°22'50" to the POINT OF BEGINNING. Subject to covenants, conditions, reservations, restrictions, rights of way and easements, if any, of record. GERALD F. OLDENBURG, LS 3246 Corporate Office • 17782 Sky Park Blvd. • Irvine, California 92714 • 714/261-2222 Inland Empire Office • 1630 E. Francis St.. Ste. B • Ontario, California 91761 • 714/947-0447 San Diego County Office • 5375 Avenida Encinas, Ste. C • Carlsbad, California 92008 • 619/438-4332 a ti (1 11 1 .P4.1 SA 0 it _T 54,01— -1---• _3A1ao ds fr / a L— 1 = �I ��1 I by r;- II �/ V I I I: ��L W� QI I �I3 �1- I 1 I- 1 '/'rpf- I w 1 Q Q Q I Z W • M I v J I I� ' I 13 124 I ;owe ,1 �\\ b III \„ l II TE _ -I—`--_ --1 .,....:„...„,1.7q,_._ �_J JIMaY 4 ot h