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-
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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
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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:
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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.
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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
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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
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