HomeMy WebLinkAboutC-2902 - Encroachment Agreement (for "M" Street Utiltity Access)777
Lt LJ, 8 ., i_, .1 4,1 .1 v I w w
1 1 u J _
12ECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659-1768
r____d_d n�..c._ _i n____j_
i1L1LUf Uti! in Ui 1iLI3i i�l'_UiU
of Oran-3e !County. Iil 1tornI3
PP ii. .Pini f�. .i.iifi7iJ KFinr iP P657:4517
r;e i u7 J itc�• lioD
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
THIS AGREEMENT is made and entered into this
day, -
of /1 , 1993, by and between Bayfront at Balboa -
Homeowners Association , whose address is 2109 E. Bay Front,
Newport Beach, CA 92661 , (hereinafter "OWNER"), 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");
W I T N E S S E T H:
WHEREAS, OWNER desires to construct certain non-standard
improvements (hereinafter "PERMITTED IMPROVEMENTS") within a
portion of the "M" Street right-of-way and an existing public
utility and access easement serving Lot No's 1 through 12, 14
through 21 and 26 through 28 of Tract No 756. The Street right-
of-way and easement is located northerly of Balboa Boulevard
between "K" Street and "N" Street (hereinafter "EASEMENT") as
shown on a map recorded in Book 23, Page 7 of Miscellaneous Maps
in the office of the County Recorder of Orange County,
California; and
WHEREAS, said PERMITTED IMPROVEMENTS may interfere in the
future with CITY'S ability to
replace CITY and other public
EASEMENT; and
construct, operate, maintain, and
facilities and improvements within
WHEREAS; the parties hereto desire to execute an agreement
providing for fulfillment of the conditions required by CITY to
permit OWNER to construct 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 interlocking concrete pavers and appurtenances as
shown on EXHIBIT "A" attached hereto and as approved by the City
Engineer.
2. CITY will allow 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.
3. 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.
f. 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.
4. 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
2
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.
5. 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.
APPROVED AS TO FORM:
By:
City Attorney
ATTEST:
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE
CITY OF NEWPORT BEACH,
a Municipal corporation
OWNER:
By:
By:
On April , 1993, before me, the undersigned, a
Notary Public in and for the State, personally appeared
Clarence J. Turner , known to me to be the Mayor of the City of
Newport Beach and Wanda E. Raggio , known to me to be the
City Clerk of the City of Newport Beach, known to me to be the persons
whose names are subscribed to the within instrument, and acknowledged
to me that they executed the same.
WITNESS my hand and official seal.
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE
Notary Public in and for said State
On April 19, 1993 before me Susan Louise Hamson
personally appeared Peter 0. Shea
personally known to me (or 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 to person(s) or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
^ A A A `
OFFICIAL NOTARY SEAL
.N SUSAN LOUISE HAMSON
; - W� � !%1 Notary Public — California
L, „1/2,4,76_,// . \\k::::.
.. ' �� `s 4VgwJ SOS ANGELES COUN ,'
Signature
My Comm Exrnre�c UG'r 3L 1994 )
� it
(This area for official notarial seal)
AG\M-STREET.ENC
3
0
w
J
A
EXHIBIT "A"
"M" STREET IMPROVEMENT
OF TRACT 756
\\\
PRIVATE STREET
. PUBLIC EASEMENT AL
RAJ/
"M"STREET
1\
PUBLIC STREET
RANI
" L„ r
5T.
BALBDA BLVD.
r
1NTERLOCKING CDtJCRETE PAVERS
EXISTING
Cow PFTE
WIDTH VARIES
DETAIL"A"
SECTION A -A
CIF
NATIVE
SOIL
E 9600
INTERLOCKING CONCRETE PAVERS
C 3 %'') THICK IN VEHICULAR AREAS•
BQ.. (O "• CONCRETE C2000 PSI) SUBBASE..
SAND BASE CI" THICK)
DETAIL "A"
12,4-1
VAR I ES
LikAq
EXIST µU
CONCRETE