HomeMy WebLinkAboutC-2251(A) - Encroachment Agreement Resubdivision No. 724 for 600 Edgewater PlacePLEASE COMPLETE THIS INFOR. ION
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
i
t — A fr..• R— S. 9 1 0 3 a w3 S'
3 _.`t
i"E
Reco7rded Of n f i l.i i Records /0
earL. G; j;;'; : i `Sr !_' eri:._Va,.
orda
Trap I of 9 • -- * ii
,00
Tax: $ 0.00
THIS SPACE FOR RECORDER'S USE ONLY
TITLE:
01/ULUMISUIU-
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording fee applies)
•0 11 /92
or
xECORDING REQUESTED AND
WHEN RECORDED RETURN TO.
City Clerk /�`` �•
City of Newport Beach
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659-1768
Space above this line for Recorder's use only.;
FUN ZONE ENCROACHMENT AGREEMENT
RESUBDIVISION NO. 724
,HIS-,�GREEMENT is made and entered into this ' da
LC��,,�� , 1995, by and between Balboa Fun Zone Ride,
hereinafter referred to as "OWNER" and the City of Newport Beacom,'
California, a municipal corporation organized and existing under and
virtue of its Charter and the Constitution and the laws of the State
California, hereinafter referred to as "CITY";
W ITNESSET H:
WHEREAS, OWNER owns that certain real property located at 600
Edgewater Place in the City of Newport Beach, County of Orange, State of
California, which real property is more particularly described as Lots 1-7,
Block B, Balboa Bayside Tract, and portions of Section 35, Township G South
Range 10 West, San Bernardino Meridian hereinafter referred to as the "FUN
ZONE" ; and
WHEREAS, City has public utility easements (hereinafter "EASEMENTS)
within certain public street rights -of -way located in the City of Newport
Beach, County of Orange, State of California, known as Edgewater Place,
Washington Street, East Bay Avenue and Palm Street. The public street
rights -of -way and utility easements shall be referred to collectively as
EASEMENTS which are more particularly shown in Exhibit "A" attached hereto
and by this reference incorporated herein; and
WHEREAS, City has water, sewer, street lighting and storm drain
facilities located within said EASEMENTS; and
WHEREAS, BALBOA FUN ZONE, INC, the predecessor in interest to the
previous Owner (Doo & Sons, Inc.) and CITY entered into an Agreement dated
March 19, 1993 ("Encroachment Agreement") for the construction and
maintenance of certain non-standard improvements recorded in the office of
records of Orange County on March 19, 1993 as Document No. 93-184663; and
WHEREAS, The Encroachment Agreement ran with the land pursuant to
Section 1468 of the Civil Code of the State of California; and
WHEREAS, OWNER desires to construct additional non-standard
improvements (hereinafter "PERMITTED IMPROVEMENTS") within EASEMENTS; 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 EASEMENTS; and
1
WHEREAS, CITY desi: ; to condition approval of onstruction of
PERMITTED IMPROVEMENTS over a portion of EASEMENTS ��ntaining utility
facilities; and
WHEREAS, the underlying public utilities benefit OWNER; and
WHEREAS, it is the desire of OWNER and CITY to revise and superceed
the Encroachment Agreement dated March 19, 1993 recorded in the office of
records of Orange County under Document No. 93-184663; and
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 stairways, ramps, landscaped areas, trash recepticals, bike
racks, non-standard street lights, benches, tables and chairs, painted
railings along the Edgewater Place bulkhead and street or sidewalk
surfacing which is not constructed of natural colored Portland cement
concrete and/or finished in a customary broom finish within EASEMENTS. All
permitted encroachments are shown on EXHIBIT "A".
2. CITY does hereby agree that OWNER may construct, reconstruct,
install, maintain, use, operate, repair and replace the PERMITTED
IMPROVEMENTS and appurtenances incidental thereto, within EASEMENTS, all in
conformance with plans and specifications on file in the CITY. CITY agrees
that OWNER may take all reasonable measures necessary or convenient in
accomplishing the aforesaid activities.
3. Rights granted under this Agreement may be terminated in the
event the CITY desires to use any of the public street rights -of -way for
street purposes. CITY may terminate this Agreement at any time by giving
60 days' notice of its intention to do so, 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 only those PERMITTED
IMPROVEMENTS and appurtenances incidental thereto, which are described on
Exhibit "A" hereto attached. The PERMITTED IMPROVEMENTS shall be
constructed or installed in conformance with plans and specifications
therefor on file in the CITY's Public Works Department.
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, cable or any other facilities 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 and shall make same.
2
d. Should CITY be required to enter onto EASEMENTS to exercise
its primary rights associated with the EASEMENTS, including but not limited
to, the maintenance, removal, repair, renewal, replacement or enlargement
of existing or future public facilities, utilities or improvements,
provided CITY has engaged in reasonable efforts to avoid damage to these
PERMITTED 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. 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.
6. 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 EASEMENTS 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.
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.
8. This Agreement shall superceed the Encroachment Agreement
recorded in the office of records of Orange County on March 19, 1993 as
Document No. 93-184663.
9. When notice is to be given pursuant to this Agreement, it shall
be as follows:
CITY OWNER
City of Newport Beach Balboa Fun Zone Ride, Inc.
Office of the City Attorney 600 East Bay Avenue, Box R
3300 Newport Boulevard Newport Beach, CA. 92661
Newport Beach, CA. 92659-1768
IN WITNESS WHEREOF, the parties hereto have cased this Agreement to
be executed on the day and year first -above written.
APPROVED AS TO FORM:
By:
City Atto
ATTEST:
By: /432
City Clerk
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE
On /
CITY OF NEWPORT BEACH,
a Municipal corporation
.r
OWNER: Balboa Fun Zone Ride, Inc.
Mayor
By : Cam"—` '
By:
o/iio4'sr
, 1995, before me, the undersigned, a Notary
Public in and for the State, personally appeared John Hedges , 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 peal.
STATE OF CALIFORNIA
Riverside
COUNTY OF /4fGIZ
SS:
2
Notary Public in aila for saga State
1 A_ n A S
Shauna Lyn Oyler
••rl�
Comm. #1002681
it
%§ NOTARY PUSLiC CALIFORNI
y] D OAANQE COUNTY lJ
Comm exproa Aug. 22, 1997 -+
km," or izrni
On 4-4-95 , 1995, before me, the undersigned, a Notary
Public in and for the State, personally appeared
Charles G. Tunstall , 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 instruction and
acknowledged that he/she/they executed the same.
OFFICIAL SEAL
Stacia Lee Woods
NOTARY PL LIC • CALIFOR A
RIVERSICE COUNT',
c My Comm. E pire8 July 28, 1995
F:wp51\gilbert\funzone.enc
7
Notary Public
4
L1�_j
and for said State
A mPALM STREED
� •
r
{
0
/
c.I. WASHINGTON STREET
_
v,2
IJ yam' ±
)
s;
/2
It
g,
AV13 1HOdM3N
(. .
/
• (It __;
I!:
-7‘rd:k-r104-;cfVN .•II
!I: '`Itpi.ZttW"r1
Pr ?••••••
0•V;I> 1V10"
• 1.2
•Prr rp.,• •r
0/
,
(.4.4
,
T >
`:k 6r
.c . it; s'..,' t.
• , ,
cl ' )!Y _"' _. ; ' ,
61.,....----7 C"
I f
v',..,•i' 1,____ s
1 , .. H-----------.., ) S;°' i •
------...
,,•(''
.,, ' "o*".'
-11 • -..., ,.._
i, ... ---......,,TTNIIOS9FidiRNI 1
:All ,a1-....1310....a..................y., 61 kZ
I . .
i '''.. :
......- -
C'; ) i ••..I
0
7 e V
7
`‘Q
.0 ' • )
;
P '41
3i I
I );
LI L
•.,,
I •• 14•1 •!I •
I ••'•!
•-'"•••
r
(
‘.• !
FP I. •
0
,
•
7 -
r " -;
'••••••'.
,s1: • SP.' )1:'
I 4 ,
I c
• -1-
,1•;!, ivin".711;';r
• 6. '•
•
,
, '
,. •
Odyton•_•.,,,Tts
•RCtiiTtCTS
:
BALBOA FUN ZONE
600 CAST 8AT AVLMUE. 8C>VP.ORT BEACH
A COULICRCIAL DCVELOPUENT FOR:
YAVAR INDUSTRIES, R. E.
440 NE4iPORT CCNTtA DRIVE. SUITE Z13
IICTIF`ORT BEACH, CA Q1060
SITE DETAILS
2 OA- 21-
NVld NOII.VONCIOA
rn
m
rn
1 I
•>:
Z:
11 VI
1 ' m
I r- li
,•1_, ir
... 0 ! I
1 ,f• „...: $ ••• i ;
.; T
I
,
•‘ • 44-r -11 '
;. --.. . 1
• h-r- r'-'
00000000 cose
; '' i; r ' i3 11 t-• ..
''...•"4 II .'1 4 ii!
_ • ••.; i • I
t 7 '
;
7 ,.,
1 ... ,.. z.
i i I L - E i • t ; °
bf:
••k,
Tr
• n. i
a !
0-3 notioas
0
r-
•-i
•f•
---1
1108 2JOHONV
)
Odyton_ ASSOC1•Tt5
•RCH1TLCTS
BALBOA FUN ZONE
000 EAST BAY AVENUE, worpbur BEACH
• CENALLERCIAL OEVELOPRIAT FOR:
YAVAR INDUSTRIES, Ft. D.
660 NEWPORT CENTER DRIVE, BUTTE 213
NEWPORT BEACH, CA 22660
FERRIS WHEEL
•
-±-x///8/7-' "
c"-
PALM
ti
m
X
Z
n
JNIa11na
Q
m
C X
Z z
nn
n
C
--i z
• n
� rn
C X
r
Z
nn
n
m
X
Z
n
a
Z
n
--r
1I