HomeMy WebLinkAboutC-2071 - Encroachment Agreement and Declaration of Covenants between Landowners (Non-Standard Street Median Improvements) (for East Coast Highway/Newport Center Drive)Extant* reto>t ent rem eei per
Government Code P+rt3
85--333423
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk/ f 7.
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92663-3884
NO CONSIDERATION
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RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY CALIFORNIA
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ENCROACHMENT AGREEMENT AND DECLARATION OF COVENANTS BETWEEN L1D_OWNE S 2 4 ' C
5
(NON-STANDARD STREET MEDIAN IMPROVEMENTS)
THIS AGREEMENT is made and entered into this ,23./.1 4,
, 1985, by and between THE IRVINE COMPANY, a
day of
Michigan 'orporation, hereinafter referred to as "COMPANY" and the CITY OF
NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY";
W I T N E S S E T H:
WHEREAS, CITY administers certain public street rights of way
located in the City of Newport Beach, County of Orange, State of
California, which rights of way are more particularly described in Exhibit
"A" hereto and by this reference incorporated within and
WHEREAS, COMPANY owns a portion of that certain real property
located northerly of East Coast Highway at Newport Center Drive in the City
of Newport Beach, County of Orange, State of California, which real
property is more particularly described as Tract No. 6015 as shown on a map
filed in Book 239, pages 28 to 41 inclusive, of Miscellaneous Maps, Records
of Orange County, California and which real property is contiguous to the
aforesaid street right of way and also contains public utility easements;
and
WHEREAS, CITY has sewer, water, street lights, and storm drain
facilities located within said street right of way; and
WHEREAS, CITY desires to condition approval of construction of
non-standard street median improvements over a portion of said street right
of way containing said utility facilities; and
WHEREAS, the parties hereto desire to execute an agreement
providing for fulfillment of the conditions required by CITY to permit
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/
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92663-3884
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT AND DECLARATION OF COVENANTS BETWEEN LANDOWNERS
(NON-STANDARD STREET MEDIAN IMPROVEMENTS)
THIS AGREEMENT is made and entered into this c>2Sti,d day of
, 1985, by and between THE IRVINE COMPANY, a
Michigan" corporation, hereinafter referred to as "COMPANY" and the CITY OF
NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY";
W I T N E S S E T H:
WHEREAS, CITY administers certain public street rights of way
located in the City of Newport Beach, County of Orange, State of
California, which rights of way are more particularly described in Exhibit
"A" hereto and by this reference incorporated within and
WHEREAS, COMPANY owns a portion of that certain real property
located northerly of East Coast Highway at Newport Center Drive in the City
of Newport Beach, County of Orange, State of California, which real
property is more particularly described as Tract No. 6015 as shown on a map
filed in Book 239, pages 28 to 41 inclusive, of Miscellaneous Maps, Records
of Orange County, California and which real property is contiguous to the
aforesaid street right of way and also contains public utility easements;
and
WHEREAS, CITY has sewer, water, street lights, and storm drain
facilities located within said street right of way; and
WHEREAS, CITY desires to condition approval of construction of
non-standard street median improvements over a portion of said street right
of way containing said utility facilities; and
WHEREAS, the parties hereto desire to execute an agreement
providing for fulfillment of the conditions required by CITY to permit
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COMPANY to construct said non-standard median improvements;
NOW, THEREFORE, in consideration of the mutual promises set forth herein, the
parties hereto agree as follows:
1. It is mutually agreed that "non-standard street median
43 ,e1.4
improvements" shall be defined as two (2) 6-foot by 6-foot by -foot -high
concrete pylons.
2. CITY will allow COMPANY to construct, reconstruct, install,
maintain, use, operate, repair and replace said non-standard street median
improvements and all facilities and appurtances necessary and incidental
thereto, over CITY's utility facilities, all in substantial conformance with
plans and specifications therefore on file in the CITY's Public Works
Department of the City of Newport Beach, in, on, and across those certain
rights of way described in Exhibit "A" hereto. CITY will further allow
COMPANY to take all reasonable measures necessary or convenient in
accomplishing the aforesaid activities.
3. COMPANY and CITY further agree as follows:
a. COMPANY shall remove the existing monument sign located on
Newport Center Drive upon completion of the pylons.
b. COMPANY shall construct and install non-standard street
median improvements and all facilities and appurtenances necessary and
incidental thereto, all in substantial conformance with plans and
specifications therefore on file in the CITY's Public Works Department, in,
on, and across those certain rights of way described in Exhibit "A" hereto.
c. COMPANY shall maintain the aforesaid non-standard street
median improvements and facilities 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 COMPANY to
maintain, replace or repair any CITY -owned pipeline, conduit or cable
located in or under said non-standard street median improvements.
Should a dangerous or defective condition of said improve-
ments occur, COMPANY understands and agrees that they are responsible for
such condition, and further agrees to proceed immediately to correct the
condition.
In the event the City Council of the City of Newport Beach
determines, after a public hearing held on at least thirty (30) days prior
to written notice to COMPANY, that COMPANY has failed or ceased to maintain
the aforesaid improvements and facilities as required by this paragraph,
COMPANY agrees that CITY may, at CITY's option, remove the non-standard
median improvements or assume the maintenance thereof and may bill COMPANY
directly for the costs of such removal or maintenance. COMPANY agrees to
pay the amounts set forth in said bills promptly upon receipt of such
billings.
CITY reserves to itself the right to make such emergency repairs to
the improvements and facilities installed by COMPANY pursuant hereto as it
deems necessary for theimmediate protection of the public health and
safety. OWNER agrees to promptly reimburse CITY for the reasonable costs
and expenses incurred by CITY in effecting such emergency repairs. In the
event of such an emergency, CITY agrees to notify COMPANY as soon as
reasonably practicable.
d. That should CITY be required to enter onto any easements
owned by CITY to exercise its primary rights associated with said easements,
including, but not limited to, the maintenance, removal, repair, renewal,
replacement or enlargement of the water, sewer, street light, or storm drain.
facilities, the CITY may remove portions of the non-standard street median
improvements and in such event:
(1) CITY shall notify COMPANY of its intention to
accomplish such work;
(2) COMPANY shall be responsible for arranging for any
renewal or restoration of the non-standard street median improvements
affected by such work by CITY;
(3) COMPANY agrees to pay all costs or renewal or restor-
ation of the non-standard street improvements.
e. COMPANY agrees to maintain a liability insurance policy in
the amount of One Million Dollars ($1,000,000).
f. CITY and COMPANY shall each indemnify, hold harmless, and
defend the other, including their respective officers, agents and employees,
from any demands, claims, losses or liability that arise from, or are in any way
related to, the performance by each of them or their respective officers,
agents, employees or represenatives of the duties or acts authorized by this
Agreement.
4. COMPANY agrees that if the CITY should ever need to use the
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right of way over which the non-standard street improvements are established
together with the landscaped areas, upon reasonable prior written notice to the
COMPANY, CITY can cause the improvements to be removed and face no liability
to COMPANY for the loss of use of the landscaped materials and the non-
standard street improvements.
S. No breach of the covenants, conditions or restrictions herein
contained shall defeat or render invalid the lien of any deed of trust,
lease or lawful encumbrance made in good faith and for value, but all of
said covenants conditions and restrictions shall be binding upon and
effective against any owner whose title is derived through foreclosure or
trustee's sale or otherwise.
6. These restrictions, covenants and agreements may be modified,
amended or terminated jointly by the parties hereto, or their heirs, assigns
or successors, expressed in writing and recorded in the Office of the County
Recorder of Orange County, California.
7. The provisions hereto shall be deemed independent and
severable, and the invalidity or partial invalidity or unenforceability of
any one provision or portion thereof shall not affect the validity or en-
forceability of any other provisions hereof.
8. It is mutually agreed that this Agreement shall be binding
upon the heirs, successors and assigns of COMPANY 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.
AP "OVER AS TO FO
City Attorne
ATTEST:
ity Clerk
CITY OF NEWPORT BEACH,
a Mu eip.al Corporation
Mayor
THE IRVINE COMPANY,
a Michigan. corporation
By:
By:
MJJ
Sam'L. Van Lan 'ingha
Vice P esident
F. Elizab=th Ruthet'f
AssistaryY Secretary
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STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
On ,1985, before me,
Public in and for the State, personally appeared
, known to me to be the Mayor, d
, known to me to be the City C erk of the Muni-
ary
cipal Corporation that executed the within Instrument, known to me to be
the persons who executed the within Instrument on behalf of the Municipal
Corporation therein named, and acknowledged to me that such Municipal
Corporation executed the within Instrument pursuant to a resolution of its
City Council.
WITNESS my hand and official seal.
Notary Public in and for said State
STATE OF CALIFORNIA)
ss.
COUNTY OF ORANGE )
On 023 , 1985, before me, the undersigned, a Notary
Public in and for said State, personally appeared SAM L. VAN LANDINGHAM,
known to me to be the Vice President, and F. ELIZABETH RUTHERFORD, known
to me to be the Assistant Secretary of the corporation therein named, and
acknowledged to me that such corporation executed the within instrument
pursuant to its by-laws or a resolution of its board of directors.
WITNESS my hand and official seal.
OFFICIAL SEAL
ANN N. HARRINGTON
NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
My Comm. Expires Sept. 12, 1986
Vi c/ 72- jVali/ rat
Notary Public
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