Loading...
HomeMy WebLinkAboutC-4889 - Encroachment Agreement (for 2001 Kings Road)90-166536 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk 041City of Nepb.d. h 3300 Newport Boulevard P. O. Box 1768 Newport Beach, California 92658-8915 $13.00 C18 SPACE ABOVE THIS THIS AGREEMENT, LINE FOR RECORDER'S ENCROACHMENT AGREEMENT RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA 10:30.APR 10 1990 044. 62 56a.tRECORDER USE ONLY RECv APR 23 1990 CnrCLERK N w{i made and entered into thisC 2Qu''day of 1990 by and ("OWNERS") and between GEORGE AND NANCY BARFIELD the CITY OF NEWPORT BEACH ("CITY") is made with reference to the following: real A. OWNERS hold all right, title and property commonly known as 2001 Kings Road and legally described as: Lot 2 of Tract 1221 as shown on a map filed in Book 41, Page 11 of Miscellaneous Maps, Records of Orange County, California ("The Property"). interest to the in Newport Beach B. OWNERS have constructed a pool, deck, retaining walls and related improvements within a five foot sewer easement located along the northerly side of the property and a ten foot sewer easement located along the westerly side of the property. C. Certain, improvements were constructed without benefit of a Building Permit and an Encroachment Permit is required prior to the construction of any improvements within a City easement. D. OWNERS have applied for, and obtained approval of, an Encroachment Permit, but the approval does not extend to pool equipment located within the easement on the north side of the property and is subject to the conditions specified in this Agreement. NOW THEREFORE, Parties agree as follows: 1. Non -Standard Improvements For the purposes of this Agreement, the term "non- 1 standard improvements" shall be defined as a retaining wall encroaching approximately twelve inches to thirty inches into the five foot side yard sewer easement, a retaining wall encroaching approximately five feet into the ten foot rear yard easement, wood decking and support structures and to any other improvements within the easements, as shown on Exhibit A except for normal ground cover and subject to the special provisions and conditions specified in Paragraph 3. 2. Non -Standard Improvements Permitted OWNERS are permitted to maintain, use, operate, repair and replace the non-standard improvements so long as OWNERS have strictly complied with the terms of this Agreement. 3. Special Conditions The right of OWNERS to maintain the non-standard improvements within City easements is subject to the following specific special conditions: A. The column footings for the wood deck shall be of sufficient size to maintain a minimum vertical clearance of eight feet above the surface of the sewer easement provided, however, in the event a vertical clearance of eight feet cannot be maintained, decking in such areas shall consist of easily removable panels weighing less than sixty pounds each and spaced such that, with the panels removed, clear area above the surface of the sewer easement is at least five feet wide and ten feet long. B. The guardrail along the edge of the wood deck shall be of open construction (glass, wrought iron or similar material) and the guardrail shall not exceed the minimum height required by the•Uniform Building Code or local ordinance, whichever is more restrictive. C. No trees or other deep root growths are to be planted in or on the sewer easements. 4. City Right of Entry CITY shall have the right, at any time, to enter onto the sewer easements for the purposes of maintaining, removing, repairing, renewing, replacing or enlarging existing or future 2 public facilities subject to the following: A. CITY shall, if practical, give OWNERS notice of its intention to enter onto the sewer easements to exercise its rights, provide, however, no notice is required in the event of an emergency. B. OWNERS shall be responsible for arranging for the replacement or restoration of all non-standard improvements affected by CITY work in and around the easements, shall pay all costs and expenses associated with the replacement or restoration of the improvements. 5. Indemnification A. OWNERS shall indemnify, defend and hold harmless the CITY, as well as its officers, employees, agents, and representatives from and against any and all loss, injury, damage, liability, cost, fee, expense claim or litigation which arises out of, or is in any way related, to the presence, construction, use, operation, maintenance, replacement or restoration of the non- standard improvements. B. CITY shall defend, indemnify and hold harmless OWNERS, and their employees, agents, representatives, and successors from and against any and all loss, injury, damage, cost, fee or expense that arises out of, or is in any way related, to work performed by CITY, its employees or agents, in or on the sewer easements. 6. Successors and Interest This Agreement shall remain in full force and effect from the date of execution, shall run with the land, and shall be binding upon the heirs, successors and assigns of OWNERS. 7. Notices Any notice required by the terms of this Agreement shall be deemed given when hand delivered, affixed to the property, communicated telephonically or deposited in the United States mail, first-class postage prepaid, and addressed as follows: 3 CITY Public Works Director City of Newport Beach 3300 Newport Boulevard P. 0. Box 1768 Newport Beach, California 92658-1768 OWNERS George and Nancy Barfield 2001 Kings Road Newport Beach, California 92663 IN WITNESS WHEREOF, the Parties hereto have caused this day and year first above written. • APPROV AS TO FORM: By: City Attorney ATTEST: bka, City Clerk STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE CITY OF NEWPORT BEACH, a Municipal Corporation By: OWNERS Bv: George rfield On 4 _ 2 /c20 , 1990, 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 Irene Butler , known to me to be the Assistant 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 1. OFFICIAL SEAL SHAUNA LYN OYLER NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My Comm. Exaires Jan. 16, 1993 MO, v -- v v -`Notary Public in ar( for s d State 4 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE On March 12, 1990 , 1990, before me, the undersigned, a Notary Public in and for the State, personally appeared GEORGE BARFIELD and NANCY BARFIELD, known to me (or proved to me on the basis of satisfactory evidence) 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 SEA OFFIC;_ SEA!. LYNNE E. BR GGS NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Exp. Oct. 16. 1990 . No 'W P ,(•lic In an'i for Sa 5 •