HomeMy WebLinkAboutC-4893 - Encroachment Agreement (for 2717 Shell Street)9U-OO4:3y3
RL.JRDED IN OFFICIAL RECORDS
OF ORANGE COUNTY. CALIFORNIA
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RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City ClerkP' /el ty" h+ '
City of Newport Beach
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659-1768
2.00 p.m. JAN 31990
4 a. C4 , RECORDER
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Space above this line for Recorder'; use o
ENCROACHMENT AGREEMENT
THIS AGREEMENT is made and entered into this //b day of
, 1989, by and between ERNEST W. SCHROEDER and
DONNA L. SCHROEDER, 2717 Shell Street, Corona del Mar, California,
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, OWNERS desire to construct certain improvements
(hereinafter "non-standard improvements") adjacent to Lots 6 and
13, Block C-33, Corona del Mar Tract as shown on a map filed in
Book 3, Pages 41 and 42 of Miscellaneous Maps, Records of Orange
County, California; also known as 2717 Shell Street, Corona del
Mar, California; and
WHEREAS, said non-standard improvements may interfere with
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 OWNERS to construct said non-standard improvements;
NOW, THEREFORE, in consideration of the mutual promises, the
parties hereto agree as follows:
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1. It is mutually agreed that "non-standard improvements"
shall be defined as decorative driveway paving and landscape
planters within the EASEMENT as shown on Exhibit "A"; and any
additional landscaping or improvements, other than ground cover or
standard concrete walk flatwork.
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. 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 and all facilities and appurtenances necessary
and incidental thereto, in substantial conformance with plans
and specifications therefor on file in the CITY's Public Works
Department, and as described on Exhibit "A" hereto attached.
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 pipeline, conduit or cable located in or under
said non-standard improvements.
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, 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 any emergency situation does not
exist.
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(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 or restoration of the non-standard
improvements affected not in excess of the cost which
would be incurred for the restoration or renewal of
standard street improvements in the same location.
(iv) OWNERS agree to pay any costs for renewal or
restoration of the non-standard improvements in excess
of the costs to be borne by the CITY as provided in this
agreement.
D. OWNERS shall indemnify and hold harmless CITY, its
City Council, boards and commissions, officers and employees
from and against any and all loss, damage, 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 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:
By:
City Attorney
City Cl
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CITY OF NEWPORT BEACH,
a Municipal corporation
By:
ayor
OWNER
By: ��� U;//. .fi
By: ,40M4)--y(tC/
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE
On / 9 , 19 Y9 , before me, the undersigned,
a Notary Public in and for the State, personally appeared Ruthelyn
Plummer, known to me to be the Mayor of the City of Newport Beach
and Wanda Raggio, 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
otary Public in alb for id State
• FFICIAL SEAL
SHAUNA LYN OYLER
NOTARY PUBLIC • CALIFORNIA
ORANGE COUNTY
My Comm. Expires Jzn. 16,1993
On 65:4., , 19 , before me, the undersigned,
a Notary Public in and for the State, personally appeared Ernest
W. Schroeder and Donna L. Schroeder, known to me (or proved to me
on the basis of satisfactory evidence) to be the persons whose
names are subscribed to the within instruction and acknowledged
that they executed the same.
OFFICIAL SEAL
PENNY L. HAR,D'ISTY
Notary Public —California
ORANGE COUNTY
My Comm. Exp. May 2, 1990
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said Pull State
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