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HomeMy WebLinkAboutC-6498(A) - Encroachment Agreement EPN N98-509 for 707 Jasmine AvenueCt U Recorded in the County of Orange, California Gary L. Granv.i11=, Clerk/Recorder RECORDING REQUES+' 6j'D' `t .� IIIIIII IIIIIIIIIIIIIIIIIIiIIIIIIIIIIIIIIIIIIIIIIIIIIIII No Fee WHEN RECORDED RETURN TO: 19990101556 04:30PM 02/10/99 005 17012762 17 16 City Clerk `99 FES 231 A 9 :1 5 Al2 6 6.00 15.010 0.00 0.00 0.00 0.00 City of Newport Beach Post Office Box 1768 3300 Newport Boulev6tu I` 1 I'r :Ty r Newport Beach, CA 92659-1768 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT (EP98-509) THIS AGREEMENT is made and entered into this day of Zg_4y cr' 199 ,, by and between Tom Knaup, (hereinafter "OWNER"), and the City of Newp t Beach, California, 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 "CITY"); WITNESSETH: WHEREAS, OWNER desires to construct certain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within a 10-foot wide CITY easement for sewer proposes (hereinafter "EASEMENT") that crosses Lot 7 of Block 736 of Corona del Mar Tract, as shown on a map recorded in Book 3, Pages 41 and 42 of Miscellaneous Maps in the office of the County Recorder of Orange County, California; also known as 707 Jasmine Avenue, Corona del Mar, California; and WHEREAS, said PERMITTED IMPROVEMENTS may interfere in the future with CITY'S ability to construct, operate, maintain, and replace CITY facilities and improvements within EASEMENT; and WHEREAS; the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to permit OWNER to construct and maintain said PERMITTED IMPROVEMENTS; NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree as follows: 1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as two removable garage walls located on the northerly and southerly faces of the structure, concrete slab, concrete walkway, and appurtenances across EASEMENT as shown on Exhibit "A". 2. CITY will permit OWNER to construct, reconstruct, install, maintain, use, operate, repair and replace said PERMITTED IMPROVEMENTS and appurtenances incidental thereto, within EASEMENT, all in substantial conformance with plans and specifications on file in the CITY. CITY will further allow OWNER to take all reasonable measures necessary or convenient in accomplishing the aforesaid activities./lk� 3. Rights granted under this Agreement may be terminated by CITY at any time by giving 60 days' notice, specifying in said notice the date of termination. CITY shall incur no liability whatsoever in the event of the termination of this Agreement, or subsequent removal of improvements by CITY. 4. OWNER and CITY further agree as follows: a. OWNER may construct and install PERMITTED IMPROVEMENTS and appurtenances 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. OWNER shall maintain the PERMITTED IMPROVEMENTS 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 OWNER to maintain, replace or repair any CITY -owned pipeline, conduit or cable located in or under said PERMITTED IMPROVEMENTS, except as otherwise provided herein. c. If City or other public facilities or improvements are damaged by the installation or presence of PERMITTED IMPROVEMENTS, OWNER shall be responsible for the cost of repairs. d. That should CITY be required to enter onto said EASEMENT to exercise its primary rights associated with said EASEMENT, including but not limited to, the maintenance, removal, repair, renewal, replacement or enlargement of existing or future public facilities or improvements, CITY may remove portions of the PERMITTED IMPROVEMENTS, as required, and in such event: (i) CITY shall notify OWNER of its intention to accomplish such work, if any emergency situation does not exist. (ii) OWNER shall be responsible for arranging for any renewal or restoration of the PERMITTED IMPROVEMENTS affected by such work by CITY; (iii) CITY agrees to bear only the cost of any removal of the PERMITTED IMPROVEMENTS affected by such work by CITY; (iv) OWNER agrees to pay all costs for renewal or restoration of the PERMITTED IMPROVEMENTS. 5. In the event either party breaches any material provision of this Agreement, the other party at its option may, in addition to the other legal remedies available to it, terminate this Agreement, and, in the event the breaching party is OWNER, CITY may enter upon the EASEMENT and remove all or part of the improvements installed by OWNER. Termination because of breach shall be upon a minimum of ten (10) days' notice, with the notice specifying the date of termination. In the event of litigation commenced with respect to any term of condition of this Agreement, the prevailing party shall be entitled to reasonable attorneys fees and costs incurred. 6. OWNER 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 (when outside attorneys are so utilized), regardless of the merit or outcome of any such claim or suit arising from or in any manner connected with the design, construction, maintenance, or continued existence of the PERMITTED IMPROVEMENTS. 7. OWNER agrees 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. CITY OF NEWPORT BEACH, a Municipal corporation APPROVED AS TO FORM: By: By:�����.� �.-. City ttorney City Manager City Clerk OWNER: 3y. Tom Knaup / I� 1� 10'fmw% AT 77 I \ NE1GN[ OPEN 6#,TE 40alo to I I %z \\ \ SIG �. W,i \ bE, R O�lEA I I < / GARAGES \\ I I 1 \ ( GARAGE, iy shall approve the location of meters prior to ins II tion. M�dP fcAH c, it or I\ \vim V Ii FAY WrY UAie 141NU6s G 4xro PosT _`��Tt7 + DBL TOP PL 2X10 BLOCK a 5/8 TYP. X G,B SIMP FA AT 4' O/C W/ (2) 1/2° L.B Y LONG HARDIE PLANK STUCCO VER 15j FELT PAPER FASTENED CIEDGESB-18 AND 12LVFEWS ILDE SIMP FA AT 4' O/C W/ (2) 1/2° HILTI KWIKBOLTS PTDF SILT EMBED MIN, 3" REMOVABLE PARTITION WALL FX141A/T "A" CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of rah ss. On � / before me, Date Name and Title of Officer (e. 'Jane Doe, Notyf Public") personally appeared 72(49, %QS 7�&44,a SMAUNA LYN OYLER Commission # 1164149 z No;ary Public - California Orange County My Comm. Expires Dec 5, 2001 ❑ ersonally known to me 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WIT S my han official se Place Notary Seal Above Signatur f ry Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER Top of 0 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Cali7t�r ss. County of - I On Date personally appeared before me, Name and Title of Officer (e.g., "Jane Doe, Notary Public") - — - LEILANI V. INES Commission # 1110960 Z z *s N&ory Public - California Orange County nny Comm. Expires Jan 25, 2002 Signer(s) .personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person{ whose names) is/afe- subscribed to the within instrument and acknowledged to me that he/eheAhey executed the same in his/4@4t4eif- authorized capacity4oc+,, and that by his'"r, ram,', re;� signature(s)-on the instrument the person(-s}, or the entity upon behalf of which the personkl;4 acted, executed the instrument. WITNESS my hand a d offi hall seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827