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Home My WebLink AboutC-2125(B) - Termination of Enraochment Agreement and Decaration of Covenants between LandownersBatch 12473110 Confirmation N i v RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Attn: City Clerk's Office City of Newport Beach P.O. Box -1768 Newport Beach, CA 92658-8915 Page 1 of 2 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 1[Il III ] If[11 '111 1I11 11 23.00 *$ R 0 0 1 3 3 4 4 1 4 6$* 2021000709072 8:29 am 11119121 90 PP2A T02 D02 4 0.00 0.00 0.00 0.00 9.00 0.00 0.000.000.00 0.00 Space above this line for Recorder's use only. TERMINATION OF ENCROACHMENT AGREEMENT AND DECLARATION OF COVENANTS BETWEEN LANDOWNERS RECITALS WHEREAS, Bayridge Park Homeowners Association, a California nonprofit benefit corporation ("Owner"), is responsible for maintenance of non-standard street median improvements consisting of landscaped areas and accompanying irrigation systems and street or median surfacing ("Improvements") in a portion of the Bison Avenue public right -of-, way, which is adjacent to that portion of real property described as Tract No. 11604 as shown on a map filed in Book 529, pages 25 to 28 inclusive,. of Miscellaneous Maps, Records of Orange County, California; WHEREAS, Owner's maintenance responsibility for the Improvements is pursuant the an assignment agreement dated March 11, 1985 and recorded as Instrument. No. 85-194860 in the Official Records of Orange County, California, and the Encroachment Agreement and Declaration of Covenants Between Landowners, dated February 11, 1985 and recorded as Instrument No. 85-057908 in the Official Records of Orange County, California ("Encroachment Agreement"); WHEREAS, Owner desires to relinquish its maintenance and other obligations for the Improvements under the Encroachment Agreement and City is willing to assume the same; WHEREAS, Section 7 of the Encroachment Agreement provides that it may be terminated via a writing recorded in the Office of the County Recorder of Orange County, California;. NOW, THEREFORE, in consideration of the mutual promises, the City and Owner hereto agree as follows: 1. The above Recitals are true and correct and are hereby incorporated by reference into this termination agreement. 2. The Encroachment Agreement is hereby terminated, to be effective upon recording of this document with the County Recorder of Orange County, California. Upon Termination of Bayridge Encroachment Agreement 1 https://(-,s.sectire-recordin(-,.com/Batch/Confiri-nation/124731 10 11 /19 /2) 021 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Attn: City Clerk's Office City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 Space above this line for Recorder's use only. TERMINATION OF ENCROACHMENT AGREEMENT AND DECLARATION OF COVENANTS BETWEEN LANDOWNERS RECITALS WHEREAS, Bayridge Park Homeowners Association, a California nonprofit benefit corporation ("Owner"), is responsible for maintenance of non-standard street median improvements consisting of landscaped areas and accompanying irrigation systems and street or median surfacing ("Improvements") in a portion of the Bison Avenue public right-of- way, which is adjacent to that portion of real property described as Tract No. 11604 as shown on a map filed in Book 529, pages 25 to 28 inclusive, of Miscellaneous Maps, Records of Orange County, California; WHEREAS, Owner's maintenance responsibility for the Improvements is pursuant the an assignment agreement dated March 11, 1985 and recorded as Instrument No. 85-194860 in the Official Records of Orange County, California, and the Encroachment Agreement and Declaration of Covenants Between Landowners, dated February 11, 1985 and recorded as Instrument No. 85-057908 in the Official Records of Orange County, California ("Encroachment Agreement"); WHEREAS, Owner desires to relinquish its maintenance and other obligations for the Improvements under the Encroachment Agreement and City is willing to assume the same; WHEREAS, Section 7 of the Encroachment Agreement provides that it may be terminated via a writing recorded in the Office of the County Recorder of Orange County, California; NOW, THEREFORE, in consideration of the mutual promises, the City and Owner hereto agree as follows: 1. The above Recitals are true and correct and are hereby incorporated by reference into this termination agreement. 2. The Encroachment Agreement is hereby terminated, to be effective upon recording of this document with the County Recorder of Orange County, California. Upon Termination of Bayridge Encroachment Agreement 1 termination, Owner shall be relieved of all maintenance obligations for the Improvements, and City shall assume those obligations. 3. The laws of the State of California shall govern this agreement and all matters relating to it and any action brought relating to this agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, California. 4. The terms of this agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the agreement or any other rule of construction which might otherwise apply. 5. This agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 6. If any term or portion of this agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this agreement shall continue in full force and effect. [SIGNATURES ON NEXT PAGE] Termination of Bayridge Encroachment Agreement 2 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTOI EY' OFFICE Date: �� 2! CITY OF NEWPORT BEACH, a Californian�c_ippcorporation Date: ► I �, / �B By: K. Leu ron C. Ha G e ng City Attorney y Manager ATTEST: tt�� oZ Date: 0• � 1 By: ` 0 �- sft� Leilani I. Brown City Clerk OWNER(S): BAYRIDGE PARK HOMEOWNERS ASSOCIATION, a California non�f�be��poration Date: t- • Enrique Sanchez President [END OF SIGNATURES] Owners must sign in the presence of notary public Termination of Bayridge Encroachment Agreement 3 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ORAr--t(v E __)ss. On ts4peo%er.12 8 , 20 '_-\ before me,3trN1FE1Z AN" Y"yv4t-1 Notary Public, personally appeared I16G ew Q EN%Q\W C SAMy-" , who proved to me on the basis of satisfactory evidence to be the person(4 whose name(6) is/are subscribed to the within instrument and acknowledged to me that he/sem executed the same in his/weir authorized capacity(ies), and that by his/hef+reir signatures4) on the instrument the person(4, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. r JENNIFER ANN MULVEY WIT SS my hand and official seal.=.` Notary Public • California '^:" Orange County Commission 4 2315299 < •:, c• �`Mv Comm. Expires Oct 12, 2025 r Signatu (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Termination of Bayridge Encroachment Agreement 4