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Home My WebLink AboutC-9165-1 - Encroachment Agreement (for Tract 15387, Lot 11 and Parcel 4, Lot Line Adjustment 99-04 - 22 Turnberry Drive)RECORDING REQUESTED AN( WHEN RECORDED RETURN TO Public Works Department City of Newport Beach Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92659-1768 Recorded in Official Records, ( ity of Orange Darlene Bloom, Interim Clerk -Recorder 1111111IIIIIIIIIIIIIIIIIIII11111IIIIIIIIIIIIIII11111IIIIINO FEE 2002089150410:28am 10/16/02 112 25 Al2 6 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT b 2 2 fi��n►�'�i PIZ- EXEMPT RECORDING REQUEST PER GOVERNMENT CODE 6103 (Tract 15387, Lot 11 and Parcel 4, Lot Line Adjustment 99-04) THIS AGREEMENT is made and entered into this / 7 rN day of Jro4y, 2002, by and between One Ford Road Homeowners Association (hereinafter "ASSOCIATION"), and the City of Newport 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"), "ASSOCIATION" is entering into an agreement relating encroachments into easements dedicated to CITY in Tract 15387 as shown on a map recorded in Book 761, Pages 35 through 38 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; WITNESSETH: WHEREAS, Pacific Bav Properties developed Tract No. 15387: and WHEREAS, Pacific Bay Properties has permitted construction of certain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") over a sewer easements in Tract No. 15387 Newport Beach, California (hereinafter "EASEMENT") and legally described as a 25-foot sewer easement located in Lot No. 11 in Tract 15387 (hereinafter "SUBJECT PROPERTY"), as shown on a map recorded in Book 761, Pages 35 through 38 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; and Parcel 4, Lot Line Adjustment 99-04 WHEREAS, An encroachment agreement is required by the CITY prior to construction of non- standard improvement within public easements and ASSOCIATION did not obtain approval of required encroachments and did not notify individual property owners of such requirement; and WHEREAS, said PERMITTED IMPROVEMENTS may interfere in the future with CITY'S ability to construct, operate, maintain, and replace CITY and other public facilities and improvements within EASEMENT; and 1 WHEREAS; the parties eto desire to execute an agreement widing for fulfillment of the conditions required by CITY to permit construction, reconstruction and maintenance 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 a wooden fence, pilasters, freestanding fountain and landscape improvements and appurtenances as shown on EXHIBIT "A" attached hereto and as approved by the City Engineer. 2. CITY will permit the construct, reconstruct, install, maintain, use, operate, repair and replace said PERMITTED IMPROVEMENTS and appurtenances incidental thereto, within a portion of EASEMENT, all in substantial conformance with plans and specifications on file in the CITY 3. ASSOCIATION and CITY further agree as follows: a. PERMITTED IMPROVEMENTS and appurtenances incidental thereto, shall be constructed in substantial conformance with plans and specifications on file in the CITY's Public Works Department, and as described on Exhibit "A" hereto attached. b. If City or other public facilities or improvements are damaged by the installation or presence of PERMITTED IMPROVEMENTS, DEVELOPER shall be responsible for the cost of repairs. C. 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 and ASSOCIATION of its intention to accomplish such work, if any emergency situation does not exist. (ii) ASSOCIATION 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; 2 (iv) i OCIATION agrees to pay all costs ft .newal or restoration of the PERMITTED IMPROVEMENTS. 5. ASSOCIATION shall defend, indemnify, waive, 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 PERMIT TED IMPROVEMENTS. 6. ASSOCIATION 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. APPROV AS TO FORM: By: t`;+., A++...-Y, , City Clerk F:\USERS\PBW\DHoffstadt\AG\Enc Agt-Tr15387.doc CITY OF NEWPORT BEACH, a Municipal corporation By: + Mayor ASSOCIATION: By: James R. Wheeler Member at Large, Authorized Signatory 3 STATE OF,CALIFORNIA ) ) ss: COUNTY OF ORANGE I) � A k On &�W ,,,/ 1S. 2002, befpre Ime, W W't I. 1 ONO, personally appeared .' ' VWrx/ r CSS ?-personall known to me proved to me n th basis of satisfactory evidence) to be the persor ss whose names re subscribed to the within instrument and acknowled ed to me that he/she he has executed the same in his/her hei authorized capacit les and that by his/he ' , ignatur�(s' on the instrument the persoq�r the entity upon be alf of which the person acted, execute -the instrument. WITNESS my hand and official seal. Notary Public in and for said State i — — — — LEILANI I. BROWN Commission # 1336673 Z z -e Notary Public - California Z Orange County My Comm. EVIres Jan 25, 2006 STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) LEILANI 1. i!1 Commission* 1336673 = Notary Public - Calffomia z Orange County My Comm, Expires Jan 25, 20t>6 (This area for official notarial seal) On Juli,q Ilo, 2002, before me, kuvw-OL eonag(t-z personally appeared �C,trY1�S 12. heeIer -,personally known to me ( ) to be the person(g) whose name(s) Wake subscribed to the within instrument and acknowledged to me that he/sh.@A q has executed the same in his/ball:4� authorized capacity(ies), and that by his/ e(g) on the instrument the person(e) or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. OAAH4K A±X�� Notary Public in and for aid Mate •" °: AURORA GONZALEZ ` Comm. #1214388 '{(� NOTARY PUBLIC - CALIFORNIA v' Orange County " z= My Comm. Expires Mar. 29, 2003 (This area for official notarial seal) L Q Z O Q N co cq ko .-4 H O A N LA - to LEI EXHIBIT 'A' TRACT 15387 a _+ 1 it i TREE-�A LAND LAMP ►-MOW STRIP BLOCK WALL EDGE OF CONCTRETE ' I LOTFREE 11 METAL FOUNaTAIN EDGE OF CONCTRETE �- EASEMENT UNE-,- LOCATION MAP ' 5WOOD I FENCE TREE �WOODI FENCE I PIL.ASr'ER TREE �--CONC. PILASTER hRauH PARCEL 4 [L-jLLA 99-04 CONC. do WOOD COLUMNS FOR ' OVERHEAD TREWS LANDSCAPE LAMP TREE I CONC. do WOOD COLUMNS FOR OVERHEAD TREWS SEAT WALL i /111 4-41-1 L SHEET 2 OF 2