HomeMy WebLinkAboutC-845 - Remodel Balboa Inn, encroachment overhead walkways
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'1 MAY 29 1963 1 MIMI
M
C �4� I
DTX 067 01 857
25152 ECORDED AT REOUEaf or
iR p w�ue,
_ M QiflW�l FECJNDi
OF
ORw.De lovmm CAUL.
FREE lslAN MAY 29 1963. .
. 'ENCROACHMENT AGREEMENT .. RUBY WARUND, CouMY Recxft
a�
M THIS ACHED=, made and entered into this ', day of :
. 1963,
BY AMD BETWEEN - THE CITY OF NEWPORT BEACH, a'
mtmicipal corporation 'herein-
. after `referred to as 'Grantor ",
AND RICHARD H. RICE -and AUDREY.'W.. I
. - RICE, and.their heirs, succes-
sots or assigns - hereinafter
referred.to as hGrantees". .
.. RECITALS
A. .Grantees are the owners of certain real properties
in the City. of. New ort Beach, County of Orange. State.oE California
which .propertias are hereinafter referred to as Parcels I and II.
and described as follows:
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PARCEL. I: Lots 12 13
of Balboa ae, asp p retarded n gook 4,
page 11, of Miscellaneous Maps, records of Said
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Comty. f
¢ .,,A,
PARCEL II:. That portion of Block D, alboa Tract
As
as per map record 4. 4 -'
•
.Laneous Maps, records of said County, described as"
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follows: Cocmencingat the most Easterly corner of -
-said Block D, thence Southwesterly along the South-
. 20
- 'easterly line of said Block D. and Its Southwesterly -
prolongation,. to an intersection with a Line Lying
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Southwesterly of, parallel to, and distant 55.00 feet,
measured at right angles from.the Northeasterly line
.
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of said Block D. thence Northwesterly.along said
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parallel line a distance of L35.00 feet, more or less,
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- - to an intersection with :the. Southwesterly prolongation
of the Northwesterly line of Lot 12, Block 10 of said '
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Balboa Tract, thence Northeasterly along said South-
_
westerly prolongation to an intersection with the
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aforementioned Northeasterly line of Block D. thence
Southeasterly along said Northeasterly line a distance.
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of.135.00.feet, more or less. to the point of beginning.-
i
IMAY. 29 .1963 4„ M .
em16567 fit9958
1 thereby connecting'Parcel I and parcel II, as shown on.skatch
g marked Exhibit "A" attached hereto, and by. this reference iacorpor
S ated berain:,I
4 NOW. TM=Poiz; the City C,rnmcil of. the City of. Newport }
B' Beach hereby permits grantees to.construct, operiti and maintain a.: a
6 crossing which egcroaches` over Parcel III, Subject to the following 7
7 .terms_ and conditions
t 1: •Duratiom. This permit is ravocable.by Crantor�upoa �
9 ninety '(90) days, written notice. to grantees or their successor&
10 'in interest
11 2'. No Precedent Established. This permit is, granted
12 , with the understanding :that this action is not to be�cansidered.as
13 sstablishing que
aay precedent •on than aeion of the expediency of
14 paimittin9 any certain kind of encroachment to be erected within
iS I right of ray of'City streets.
!16 3. Manner of Construction. Grantees agree that the
17 'crossing authorized will be constructed to provide the clearances,
shown on Exhibit PA ^.and in accordance with plans and ape cifica- -
19 Lions approved by the ,City CounciL: After approval of the plans
20 and, specification,* has. been obtained, no deviations from said ,.
.21 : plane and . specifications 'will'.be.peruLtted without prior approval
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of the City Council.
23 4. 'Notice Prior to Startinx Work. Before commencing ,
44 ;o:rk on said crossing,'graatces shall notify the Public Works
.96 .Director and Ehe Building and Safety Director of.tha City in
26 . writing'three':(3)`days prior,'to.the date work is to begia.
B7 3., Protection of Traffic. Grantees agree Co sake ads-
i8 quato provision for the safety and protection ol..the public...'.
29 Barricades shall be'placed.with,red'. lights ?at,ziight as may be.
30 r wbils'the'vork is in progress. Grantees further agree to
S1 .Gals such additional�meaouies ia.the interest of public,safgty as
3g 'say be, rsquested by the City Manager'ar his authorized: representati.e.
t^a 1
1r
. � •
. . fMAY. 29 1963�
� .
•jam
' � { {�
a=6567 fk1960'.. .
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Lademnify and holJ.harmlaea. the grantor from any claims ,'dome nd5,
. ';
actions. At law, or judgments made or- prosecuted by.any:'person or
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.persons for or on aceount:o£ any personal injuries.or'damage to
.property arising out 6f-or sustained AIs,a'resulrof:the creation.'
's
.or m&Lnteaanc*. of the encroachment. permitted, under this '.agreement,.-
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or vbich suy &rise as a result'of the. failure'vf'grantees to ;
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j.
.perform'any:duty; imposed 6y lair or any term or obligatioo.of this.'
` d
agreement.
:-14 ''£tie covenants and,condULons:'o£ this agreement shall
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run with, the real property herela'-dascrLbed and shall be binding on
.
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the heirs, successors and assigns of g rants as.:.After' execution by..
1P
the respective.parties, this agreement shall be recorded at the,_:
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office of the County. Recorder of. Orange County.
la
IA YITNESS iiF�R80P,_tiu partias hereto -have ezeeuted this
agreement as'of the day and year first above:vrittea.
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CITY T BEACH''
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E7:._h /ielt
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Attest.
ty 616ZF,
GRANTOR
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- i !J_
RIgNW K. RICK .
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AULM41 %V.. Alva
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.. .. d9ARTErS,
A7
STATE OF CALIFORNIA j
a,
>
a Zy
� 1463i before me, the undersigned, . a'
Notary Public an or said County and'State,:.personally appeared
CHAR E: HART and MARGERY SCHROUDER.' known to me to be the Mayor
and City Clerk, respectively.: of the CITY OF. NEWPORT BEACH and to
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be the persons whose. names .are subscribed, to the within instrument
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"kMAY 29 1963 1.. «71
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1 and acimorledged that they e�cecuted the ame on betulf of ,ths'City
.
. of.,Nevport. beach. :
1
WLTN633 my hand and 'official.Baal.
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S
.. .. NC A lic in and fQv
4 sai h and.
6
7 STATE OYCALIFOBfRA)
sf
3 1963 before me, the' undersigned, a. '
' ersonall appeared
States P y.' PP
. 'Notary In °n�said County and
NotaryD
BICE.and. A00HEY W. RICE, known to me to be the pperson..
.
:. 10 H.
names are subscribed to. the within instrument and acimow-
y
.vhose
it led %64 that they executed the same
18 ''WI'PNz my band and official feel -
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(1La+aZ I112�E•
1 {'.
.. lie in and for
Said
iS a d Statn
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BmK6567 LP,(:E957
25152 RECORDED AT f1EQUEST OF
'CITY OF NEWPORT BEAM
IN OFFICIAL RECORDS OF
ORANGE- GOUNTY, CALIF.
FREE 9:05 AM MAY 2 9 1963
ENCROACHMENT AGREEMENT RUBY McFARLAND, County Recorder
a
THIS AGREEMENT, made and entered into this " 3 day of
1963,
BY AND BETWEEN THE CITY OF NEWPORT BEACH, a
municipal corporation, herein-
after referred to as "Grantor".
AND RICHARD H. RICE and AUDREY W.
RICE, and their heirs, succes-
sors or assigns, hereinafter
referred to as "Grarttees`.
PVVTTAT_.q
A. Grantees are the owners of certain real properties
in the City of Newport Beach, County of Orange, State of Californial I
which properties are hereinafter referred to as Parcels I and II,
and described as follows. -
PARCEL I: Lots 12, 13, 14, 15 and 16 in Block 11'
of Balboa Tract, as per map recorded in Book 4,
page 11, of Miscellaneous Maps, records of said
County.
PARCEL II: That portion of Block D, Balboa Tract,
as per map recorded in Book 4, page 11 of Miscel-
laneous
oMaps, records of said County, described as
follws: Commencing at the most Easterly corner of
said Block D, thence Southwesterly along the South-
easterly line of said Block D, and its Southwesterly
prolongation, to an intersection with a line lying
Southwesterly of, parallel to, and distant 55.00 feet,
ra,easured at right angles from the Northeasterly line
of said Block D, thence Northwesterly along said
Parallel line a distance of 135.00 feet, more or less,
io an intersection with the Southwesterly prolongation
of the Northwesterly line of Lot 12, Block 10 of said
Balboa Tract, thence Northeasterly along said South-
westerly prolongation to an intersection with the
aforementioned Northeasterly line of Block D, thence
Southeasterly along said Northeasterly line a distance
of 135.00 feet, more or lessto the point of beginning.
B. Parcel I is adjacent to and abuts Ocean Front, a
dedicated public street, hereinafter referred, to as Parcel III,
on the north side, and Parcel II is adjacent to and abuts said
I Parcel III on the south side.
C. Richard H. Rice and Audrey W,, Rice desire and wish
construct and maintain a crossing across Parcel III,
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BooK6567 ,-e,Ll�958
thereby connecting Parcel I and Parcel II, as shown on sketch I
marked Exhiblt "A" attached hereto, and by this reference incorpor-I
ated herein.
NOW, THEREFORE, the City Council of the City of Newport
Beach hereby permits grantees to construct, operate and maintain a
crossing which encroaches over Parcel III, subject to the following,
I terms and conditions:
1. Duration. This permit is revocable by Grantor upon
VS1 written notice to grantees or their successors
in interest.
2. No Precedent Established. This permit is granted
with the understanding chat this action is not to be considered as
establishing any precedent on the question of the expediency of
permitting any certain kind of encroachment to be erected within
right of way of City street4l
3. Manner of Construction. Grantees agree that the
crossing authorized will be constructed to provide the clearances
shown on Exhibit "A" and in accordancewith plans and specifica-
tions approved by the City Council. After approval of the plans
and specifications has been obtained, no deviations from said
plans and specifications will be permitted without prior approval
of the City Council.
4. Notice Prior to Startia& Work. Before commencing
work on said crossing, grantees shall notify the Public Works
Director and the Building and Safety Director of the City in
writing three (3) days prior to the date work is to begin.
5. Protection of Traffic. Grantees agree to make ade-
quate provision for the safety and protection of the public.
Barricades shall be placed with red lights at night as'may be
required while the work is in progress. Grantees further agree to
take such additional measures in the interest of public safety as
may be requested by the City Manager or his authorized representati
2.
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BooKG567 ,-ri.F959
6. Ato1a (�f Material. No material shall be stored
,Lk� _ _
on the street right of way,
7. Duty )L to Cle
�njpp R�ZlLt ® Fay. Upon completion of
the work, all materials and debris shall be removed; the right of
way shall be left in a clean condition; all damage to public
8. §jMei�vii��J-_onoLork. All construction work shall
be done subject to the supervision of, and to the satisfaction of,
the grantor,
9. Attorneyts Fee. If it becomes necessary for grantor
to bring a legal action to enforce any to or condition of this
agreement, grantees agree to pay grantor a reasonable attorney's
fee to be fixed by the court.
10. Future Removal of Encroachment, It is agreed by
grantees thatwithin ninety (90) days after written notice from
the grantor, grantees will cause to be removed all construction
from the street right of way at the sole expense of grantees ani
that grantees will restore the street right of way to its original
•
11.
Care of Drain�a
y2��. If
the work
herein described
shall interfere
with the established
drainage,
grantees shall take
such corrective measures as may be deemed necessary by grantor.
12. Maintenance. Grantees agree by the acceptance o I
this permit to exercise reasonable care to maintain properly thal
inspecting for and immediately repairing and -making good any injury
to any portion of the street which occurs as a result of the raain-
work done under this permit, including any and all injury to the
street which would not have occurred had such work not been done -or
13. Liabijj.�y p!es Grantees shall defend,
3.
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BooK 6567 960
indemnify and hold harmless the grantor from any claims, demands,
actions at law, or judgments made or prosecuted by any person or
persons for or on account of any personal injuries or damage to
property arising out of or sustained as a result of the creation
or maintenance of the encroachment permitted under this agreement,
or which may arise as a result of the failure of grantees to
perform any duty imposed by law or any term or obligation of this
agreement,
14. The covenants and conditions of this agreement shall
run with the real property herein described and shall be binding on
the heirs, successors and assigns of grantees, After execution by
the respective parties, this agreement shall be recorded at the
office of the County Recorder of Orange County.
IN WITNESS WHEREOF, the parties hereto have executed this
2greement as of the day and year first above written.
RIC19RD '11i. 'RICE
AUDRE-TVW—.-R-IC E
GRANTEES
STATE OF CALIFORNIA
ss
COUNTY OF ORANGE
On 1963, before me, the undersigned, a
Notary Public in anT-fo—r said County and State, personally appeared
CHARLES E. HART and MARGERY SCHROUDEI* known to me to be the Mayor
and City Clerk, respectively, of the 6ITY OF NEWPORT BEACH and to
be the persons whose names are subscribed to the within instrument
4.
I and acknowledged that they executed
I.of Newport Beach.
BooK6567
the same on behalf of the City
WITNESS my hand and official seal.
Notary Public in and for
said County and State
7 STATE OF CALIFORNIA
ss
8 COUNTY OF ORANGE
9 On 1963, before me, the undersigned, a
Notary Public in anfsaid County and State, personally appeared
10 RICHARD H, RICE and AUDREY W. RICE, known to me to be the persons
whpsenames are subscribed to the within instrument and acknow-
ll i i 1, edke d that they executed the same.
12 �,WITNESS my hand and official seal.
;-
14"
Notary Public in and for
15.. said County and State
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5.
BOOK 656'7 ,-Ac�E 962
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BOOK 656'7 ,-Ac�E 962
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'pis°. a:�3 emirs. :ti:.bssd �: �.ic4
i 4,Wport Beath. CA tolala
Dear V.<_ , . azd Mrs. Rica-
ZIM- CAOsed is a 4ull eaaacated copy of the osa:rzath -mesa} agrsa�Ma+o;
- bVLoIIbWk L�a:i 'w..d,7 � a «dl'��3°D %B�.s:.�A. ?$ffi'� R G..aB ++.. 14, SkiC'6 +5.•.1. - A�A ivj W. Rice, aacroac:i- xe= ajr*o;;isRt weas rscov4ed is &A ?i4m4
Records of Orange Co.;zsty a-i May 3X. 2943 as Dccesr &At N^,, 25152
In Bode 6567, corawancLig at Fagg 967 to sad i -hcludiag raga 962.
I am also earlesisaj a „Jay exsaxted c opy a$ tba off -street parking
agreement botvraaa ilae CAT of Newport Beach and Riche d H. Ries
and Amdroy W. Ries. The ofd - street king- agreement atas ro-
corded in tbs OfiWa: Records of Orange Covinty on May 29. 1963
as Docuniout No, ESi53 in Book 6367, cam eacing at P"a 933 to
s,n3 inclrag gaga 967:
ia1.3s of Rssa:vtiiouz wzzmbered 3-767 and 3766; authox! sing the
eamcud of thot sus taatrasts, ant also enclosed. Said Rs**l=iozs
wars adoptad an A,prn 22. 1?63,
P
TO: Finance Director
FROM: City Clerk
SUBJECT: Contract
Contract No. C -845
0
Date June 10, 1963
Authorized by Resolution No. 5767 r adopted on April 22, 1963
Date Mayor and City Clerk executed Contract May 3, 1963
Effective date of Contract May 3, 1963
Contract with Richard H. Rice and Audrey W. Rice
Address P. O. Box 1121
Newport Beach, California
Brief description of Contract Construction and maintenance of an overhead
walkway which encroaches over Ocean Front (re Balboa Inn)
Amount of Contract
City Clerk
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151
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171
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221
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241
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ENCR2% 'ptBL£f AOREFATU
_ a TRIS ACREErtENT, made and entered into this day of
Apr#+1, 1963,
BY AND BXr4= THE CITY OF NEWPORT BEACH, a
municipal corporati herein -
after referred to as {'Grantor ",
AN?) RICHARD R. RICE and AUEM W.
RICE, and their heirs succes-
sors or assigns hereinafter
referred to as 'Grantees ".
RECITALS
A. Grantees are the owners of certain real properties
in the City of Newport Beach, County of Orange, State of California,
which properties are hereinafter referred to as Parcels I and II,
and described as follows:
PARCEL I: Lots 128 13, 14, 15 and 16 in Block 10
of Balboa Tract, as per map recorded in Book 4,
page 11, of Miscellaneous Maps, records of said
county.
PARCEL. 11: That portion of Block D, Balboa Tract,
as per asap recorded in Book 4, page 11 of Miscel-
laneous Maps, records of said County, described as
follows, Coomencing at the most Easterly corner of
said Block D, thence Southwesterly along the South-
easterly line of said Block D. and its Southwesterly
prolongation, to an intersection with a line Iving
Southwesterly of, parallel to, and distant 55.x0 feet,
measured at right angles from the northeasterly line
of said'. Block , thence Northwester) along said
parallel line a distance of 135.00 feet more or less,
to an intersection with the 5outhwesteRy prolongation
of the Northwesterly line of Lot 13, Block 10 of said
Balboa Tract, thence Northeasterly along said South-
westerly prolongation to an intersection with the
aforementioned Northeasterly line of Block D, thence
Southeasterly along said Northeasterly line a distance
of 135.00 feet, more or less, to the point of beginning.
B. Parcel I is adjacent to and abuts Ocean Front, a
dedicated public street, hereinafter referred to as Parcel III,
on the north side, and Parcel II is adjacent to and abuts said
Parcel III on the south side.
C. Richard H. Rice and Audrey W. Rice desire and wish
a permit to construct and maintain a crossing across Parcel III,
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0 0
thereby connecting Parcel I and Parcel I1, as shown on sketch
marked $ahibit "A" attached hereto, and by this reference Incorpor-
ated herein.
, THERE ORE, the City Council of the City of Newport
Beach hereby permits grantees to construct, operate and maintain a
crossing which encroaches over Parcel I11, subject to the following
terms and conditionsv
1, Duration. This permit is revocable: by Grantor upon
ninety (90) days' written notice to grantees or their successors
in interest.
2. No Precedent Established. This permit is granted
with the :mderstanding that this action is not to be considered as
establishing any precedent on the question of the expediency of
permitting any certain kind of encroachment to be erected within
right of vaa of city streets,
3. Harmer of Construction. Grantees agree that the
crossing authorized will be constructed to provide the clearances
shown on Exhibit "A" and in accordance with plans and specifica-
tions approved by the City Council, After approval of the plans
and specifications has been obtained, no deviations from said
plans and specifications will be permitted without prior approval
of the City Council,
4; Notice Prior to Startin Work. Before commencing
work on sa =d crossing, grantees shall notify the Public works
Director and the ruildt.ng and Safety Director of the City in
earning three (3) days prior to the date work is to begin.
5, Protect'on of Traffic. Grantees agree to wake ade-
quate provision for the safety and protections of the public.
Barricades shall be placed with red lights at night as may be
required while the work is in progress. Grantees further agree to
take such additional manures in the interest of public safety as
may be requested by the City Manager or his authorized representat
2,
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6. 3t9rage o! Material, No material shall be stood
oe the street right of way4
7. 29tL to Clean ft RLIM of WAY. Upon casipletion of
the work, all materials and debris shall be ro wvedj the right of
way shall be left in a clean esndition; all damage to public
Property shall be repaired.
S. %ervisien of Work. All construction work shall
be done subject to the supervision of, and to the satisfaction of,
the grantor,
9. Attaxnev's See. If it becases necessary for granter
to bring a legal action to enforce any term or condition of this
agreement, grantees agree to pay grantor a reasonable attosneyes
fee to be fined by the court.
l0. Future Removal of SnaroachtKat. It is agreed by
grantees that, within ninety (90) days after written notice from
the grantor, grantees will cause to be removed all construction
from the street right of way at the sole expense of grantees and
that grantees will restore the street right of way to its original
condition.
11, Care of Brainae. If the work herein described
shall interfere with the established drainage, grantees shall take
such corrective measures as may be deemed necessary by grantor.
12. Maintenance. Grantees agree by the acceptance of
this permit to exercise reasonable care to maintain properly the
encroachment_ herein authorized and to exercise reasonable care in
inspecting for and immediately repairing and maki�; good any injury
to any portion of the street which occurs as a result of the main -
tenance of said encroaebm=t in the street or as a result of the
work done under this permit, including any and all injury to the
street which would not have occurred had such work not been done or
said encroachment not been constructed therein.
13. Liability for Damages. Grantees shall defend,
3.
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indesv4# and hold harmles4 the €: autov from any claims, demands,
actions,st law, or judp*nts made or prosecuted by any person or
persons for or or. account of any personal injuries or damage to
property arising out of or sustained as a result of the camtisn
or M intenance of the eaoroacbmsnt permitted under this a Bat,
or mbieh may arirL. ac a result of the failure of grantees Lc
Perform SPY duty imposed by,.Iaw or may term or ObUggtiou of this
agreement.
14, The covenants aid conditions of this agreement shell
run truth the real property herd n described and shall be binding cc
the heino successors and assigns of grantees. After execution by
the ree;pective parties, this agreement shall be rceorded at the
office of the County Recorder of Orange County.
IN WIT-NESS 6TFIMOF, the parties hereto have executed this
agreement as of the day and year first above written.
CITY or MWPPORr REEACH nn-
BY __ _lQ � � �
7►Or
Attests
? Uv�
RTURED H, RICE
AUDM\Wo
STATE OF CALIFORNIA )
as
COMI M OF OTAI1 GE
1963 before m� the undersigned, a
Notary Public � said L�ounty and titate, personally appeased
CHARLES E. PART and MARGERY SCHROUCER, known to era to be the Karr
and City Clerk, respectively, of the CITY OF NEWPORT BEACH and to
be the persons whose names are subscribed to the within instrument
4.
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acknowledged � -%.d they execmte'! C Le w-me on behalf of the City
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= VITASS sty hand and
official seal.
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notary Public La and for
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said County and States
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S &Z"- OF CALIFORNIA )
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,s as
COUNTY OF O:jjNGE CLA
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(XI , 1963, before the undersigned, a
No Public state, appeared
and said
County and personally
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RF�� R, RIM and AifNA-,,y W.
RICE, knewn to me to be the persons
whose nacres are subscribed to
the within instsumment and aa nowm
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same.
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k? 'ZID'SS my Rmr'.' and
of'ficial seal.
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Notary Public n f
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said County and State
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THIS A ,', made and entered into this � day of
6�Fl Ni
I 1963,
BY AND BETA= THE CITY OF NEWPOT ice, a
muaLcipal corporatiaa herein-
after referred to as AGrantor ",
AND RICHARD H. RICE sad AUMMY W.
RICE, and their heirs succes-
sors or assigns her"tter
referred to as "Grantees".
REC - . S
A. Grantees are the owners of certain real properties
In the City of Newport Beach, county of orange, State of
which properties are hereinafter referred to as Parcels I and II,
and described as follows:
PARCEL I: Lots 12, 13, 140 15 and 16 in Block 10
of Balboa Tract, as gee map recorded in Book 4s
pp�t11, of Miscellaneous Maps, records of said
County.
PARCEL M That portion of Block D, Balboa Tract,
as per sap recorded in Book 4, page 11 of Miacel-
Lassoes naps, records of said County, described as
follows: Commencing at the =oat Easterly corner of
said Block Do thence Southwesterly along the South-
easterly line of said Block D. and its Southwesterly
pprolongation, to an intersection with a line lying
Southwesterly of, parallel to, and distant 55.00 feet,
measured at right angles from the Northeasterly line
of said Block D. thence Northwesterly aloug.sa d
Parallel line a distance of 133000 feet mare or less,
to an intersection with the Southwesterly prolongations
of the Northwesterly line of Lot 12, Bloch 10 of said
Balboa Tract, thence Northeasterly along said South-
westerly prolongation to an intersection with the
aforenehtioned Northeasterly line of Block A, thence
Southeasterly along said Northeasterly line a distance
of 135.01 feet, more or less, to the point of beginning.
B. Parcel I is adjacent to and abuts ocean Front, a
dedicated public street, hereinafter referred to as Parcel III,
on the north side, and Parcel II is adjacent to and abuts said
Parcel III on the south side.
C. Richard H. nice and Audrey W. Rica desire and wish
a permit to construct and maintain a crossing across Parcel III,
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Obareby connecting
parcel I
and Parcel ill
as shame an sketch
m4rk d behibit "A"
attached
bareto, and by
this reference Imacpor-
atod hft%iu.
NOV9 THMU FORE, the City Council of the City of Newport
Beach hereby permits grantees to construct, operate and maintain a
crossing which encroaches over. Parcel lilt subject to the following
terms and conditions:
1. notation. This permit is revocable by Grantor upon
ninety (gp) days' written v atiee to grantees or their successors
In interesto
2. No Preeadeent Established. This pesmlt is granted
with the understanding that this action is not to be considered as
astablishing any precedent on the question of the expediency of
permitting any certain kind of encroachment to be erected within
right of tray of City streets.
3. Manner of Construction. Grantees agree that the
crossing, authorized will be constructed to provide the clearances
shown an Exhibit "A" and in accordance with plans and specifica-
tions approved by the City Council. After approval of the plans
and specifications has been obtained, no deviations from said
plans and specifications will be permitted without prior approval
of the City Council.
4. Notice Prior to Starting Work. Before commencing
work on said crossing, grantees shall notify the Public Works
Director and the Building and Safety Director of the City in
writing three (3) days prior to the date work is to begin.
S. Protection of Traffic. Grantees agree to make ade-
quate provision for the safety and protection of the public.
Barricades shall be placed with rod lights at night as may be
required while the work is in progress. Grantees furthar agree to
take such additional measures in the interest of public safety as
may be requested by the City Manager or his authorised representat
2.
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1 6. storage of ratariai9 xo material shall be stoned i
2 on the street right of *say.
3 7. Duty to Clean, V2 Riot of Wer. upon empletion of
4 the 'rk, all materials and debris shall be reemowd; the right of
5i my shall be left in a clean asndt,tionp all decage to public
6 prop" shall be repaired.
71 8. Supervision of Work. All oonstructiea work $Mall
g be done subject to the supervision of, and to the satisfaction of,
9 the grantor.
10 9. Attornoy's Fee. If it becomes neesssary for grantm
11 to bring a legal action to enforce any tam or condition of this
12 agreement, grantees agree to pay grantor s reasonable attorney's
13 fee to be fixed by the court.
14 14. fture Koval of Eucroachmant. It is agreed by
15 grantees that, within ninety (90) days after written notice from
16 the grantor, grantees will cause to be removed all amstructioa
17 from the street right of way at the sole expense of grantees and
18 that grantees will restore the street right of way to its original
19 condition.
20 11. Care of Arsinase. If the work herein described
21 shall interfere with the established dugs, grantees shall take
22 such corrective measures as may be deemed necessary by grantor.
23 12. Maintenance. Grantees agree by the acceptance of
24 this permit to exercise reasonable care to weintain properly the
25 encroachment herein authorized and to exercise reasonable care in
26 inspecting for and imrnediately rewiring and making good any injury
27 to any portion of the street which occurs as a result of the gala•
28 tenance of said encroachment in the street or as a result of the
29 work done under this permit, including any and all injury to the
3o street Which would not have occurred had such work not been done or
31 said encroachment not been constructed therein.
32 13. LiabiliU. for AlMes. Grantees shall defend,
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indemify and hold I:aiia'iess the Ear -far from any claims, desmwda,
adtions at lair, or judgmats trade or prosecuted by Say pers r or
peraoas for or on account of any personal injuries or 48 ge to
property arising out of or sustained as a result of the creation
or maintmuume of the encroachmawt permitted wide: this agrewmAt,
or *4deb MY arise as a result of the failure of grantees to
perm any duty imposed by law or any tom or obligist'jou of this
Rgreemeat.
14. The covenants and conditions of this agreement shall
run with the real property herein described and shall be binding on
the heirs, successors end assigns of ;grantees. After execution by
the respective parties,, this z&reement shall be recorded at the
Office of the County Recorder of Orange Couraty,
IN W11YESS WHEREOF, the parties hereto have executed this
Sgrae=nt as of the day and year first above written.
CITY OF T BUC11 L
By . e./-Y
rAW"_ ._ _ _
Attest::
`A, G.
AUDM W, RICH
GPAMMS
STATE OF MLIFOUNIA )
2 ss
Cx"JIvTY OF O1'J -NCE ?
1b,
0'r ` 1963, before me, the urdersigned, s
Notary public said County and State, personally appeared
CMI L,rES E. BART and )ORGERY 9CHROUDER, known to me to be the yerr
and City Clerk, respectively, of the CITr OF wrjMT BBACH and to
be the persons =chose nazis are subscribeu to the within instrument
4.
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and +011aowledged that they eseru4.:. I tKe acme an behalf of the City
Of Newport Hach.
WITHU6 my band and official seal.
r,vtsry Public in rnd for
said County and State
STATE OF CALIFORIra$-
as
COUNTY Or ORANGE
On Agr 1963, before me the undersigned, a
Notary Public inn anT -rOr said County and hatep persoaally appeased
RICHAw) R. RICE and AIM, W. RICE, Uno n to me tc, be the ggersons
VIM" names are subscribed to the within instrument and achna�w
ledged that they executed the same.
WIT11TESS my hand and official seal.
5.
Notary Public in and for
said County and State
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4/22/63
RESOLUTION NO. �(ej
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH RICHARD H. RICE AND AUDREY W. RICE
PERMITTING THE CONSTRUCTION AND MAINTENANCE OF A
CROSSING WHICH ENCROACHES OVER OCEAN FRONT, A
DEDICATED PUBLIC STREET
WHEREAS, there has been presented to the City Council of
the City of Newport Beach a certain agreement between the City of
Newport Beach and Richard H. Rice and Audrey W. Rice permitting
the construction and maintenance of a crossing which encroaches over
Ocean Front, a dedicated public street; and
WHEREAS, the City Council has considered the terms and
conditions of said agreement and found them to be reasonable and
consistent with the public interest;
NOW, THEREFORE, BE IT RESOLVED that said agreement be and
hereby is approved and the Mayor and City Clerk are authorized
and directed to execute the same on behalf of the City
ADOPTED this R-Z day of April, 196.3 o L
ATTEST: &G p 17'1/ /4
Mayor
ul y Clerk