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HomeMy WebLinkAboutC-4891 - Encroachment Agreement (for 2719 Shell Street)90-028069 S9 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk/mil` cL 00a City of Newp6ort Beach Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92659-1768 $13.00 C14 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA 2:30 P.M. JAN 17 1990 a• c-6,,,,,e, RECORDER 1 4 RECEIVED JAN 29 1990. MY CLERK Space above this line for Recorder's use'7on1y 1 am ENCROACHMENT AGREEMENT THIS AGREEMENT is made and entered into this day of , 19 9U, by and between MARTHA BEAUCHAMP and S BEAU J CHIP, 2719 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 14, Block C-33, Corona del Book 3, Pages 41 and 42 of improvements") adjacent to Lots 7 and Mar Tract as shown on a map filed in Miscellaneous Maps, Records of Orange County, California; also known as 2719 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: 1 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. 2 City (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 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: ATTEST: City Attorney 3 CITY OF NEWPORT BEACH, a Municipal corporation By: OWNERS ayor STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE On 3 , 19 9D , before me, the undersigned, a Notary P is in an for the State, personally appeared Ruthelyn Plummer, nown 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 se STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: Notary Public in and' for s'id Sate I SEAL SHAUNA LYN OYLER NOTARY PUBUC • CALIFORNIA ORANGE COUNTY My Comm. Expires Jan. 16.1993 On Ci 7w - 9�- ` �7 19 ?9 before me, the undersisned, a Notary Public in and for the State, personally appeared Martha Beauchamp and James Beauchamp, 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 thet they executed the same. OFFICIAL SEAL PENNY L. HARDISTY 10 �; y� Notary Public —California �,�r ORANGE COUNTY +tqp� .• My Comm, Exp. May 2, 1000 AGRMTS\AGRMT.3 4 e4 OH BEAUICHAMP = RESIDENCE.. 2719 SHELL ST• GONG_ 6ANO SHELL ST. NDn/- -/ v/h/G .VP444 ASPHALT £XN/2T/7 ;q "