HomeMy WebLinkAboutC-2639 - Encroachment Agreement Resubdivision No. 826 for 2306 West Ocean Frontk2a)RDING REQUESTED BY AN"
WHEN RECORDED RETURN TO:
City Clerk/ 7' / -24/
City of Newport Be ch
P.O. Box 1768
3300 Newport Boulevard
Newport Beach, CA 92658-8915
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EXEMPT RECORDING REQUEST P'
GOVERNMENT CODE 6103
EXEMPT
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RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY. CALIFORNIA
-115 PM NOV 20'86
cC. C c RECORDER
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
RESUBDIVISION NO. 826
CITY OF
NEWPORT BEACH,
CF:L Ir.
DEC 919866'
/7-ARECEIVED
%`� CITY CLERK
THIS AGREEMENT is made and entered into, this /a /Lday J/`r1
1986, by and between MERIDIAN MEDICAL, INC., Newport Beac
whose business address is tit t at}/Sint bry+►r GDi'1
Newport Beach, California,
NEWPORT BEACH, a municipal
tue of its Charter and the
hereinafter referred to as
hereinafter referred to as "OWNER," and the CITY OF
corporation, organized and existing under and by vir-
Constitution and the laws of the State of California,
"CITY";
WITNESSETti:
WHEREAS, OWNER desires to construct certain improvements (hereafter
"non-standard improvements") over the existing Ocean Front right of way
(hereafter "EASEMENT") adjacent to Lots 3 and 4, Block 23, Newport Beach Tract,
said lot is shown on a map filed in Book 3, Page 26 of Miscellaneous Maps,
Records of Orange County, California; also known as 2306 West Ocean Front,
Newport Beach, California; hereafter referred to as "BUSINESS"; and
WHEREAS, CITY desires to condition approval of construction of said
non-standard improvements within EASEMENT; 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 non-standard improvements;
NOW, THEREFORE, in consideration of the mutual promises, the par-
ties hereto agree as follows:
1. It is mutually agreed that "non-standard improvements" shall be
defined as a second -story structural encroachment over the West Ocean Front
boardwalk over the EASEMENT as shown on Exhibit "A".
2. CITY will allow OWNER to construct, reconstruct, install,
maintain, use, operate, repair and replace said non-standard improvements and
all facilities and appurtances necessary and incidental thereto, over CITY
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EASEMENT, all in substantial conformance with plans and specifications therefor
on file in the CITY. CITY will further allow OWNER to take all reasonable
measures necessary or convenient in acomplishing the aforesaid activities.
3. OWNER and CITY further agree as follows:
a. OWNER may construct and install non-standard improvements
and all facilities and appurtenances necessary and incidental thereto, in
substantial conformance with plans and specifications therefor on file in the
CITY's Building and Public Works Departments, and as described in Exhibit "A"
hereto attached.
b. OWNER shall maintain the aforesaid non-standard improvements
and facilities in accordance with general prevailing standards of maintenance,
and pay all costs and expenses incurred in doing so.
c. OWNER agrees to fully protect CITY against any loss or damage
from injuries that are in any way related to said non-standard improvements over
EASEMENT and shall indemnify and hold harmless, its officers, agents and
employees, from any and all demands, claims, losses or liability on account of
injury or damage to persons or property suffered or claimed to be suffered as a
result of the construction, use, maintenance or renewal of the non-standard
improvements.
4. 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 OWNER's 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:
City Attorney
ATTEST:
Akv,,44 cc7
City Clerk
C�IY"OF WPORTNBEACH,
a Municip 1 ,Corpo tion
AI 1
Mayor
M'RIDIAN MEDICAL, C.
(/
By_�'�
By
2 of 3
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
On , 1986, before me, the undersigned, a Notary Public
in and for the State, personally appeared
known to me to be the Mayor of the City of Newport Beach and
, 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.
Notary Public in and for said State
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On (�C�C�1� ��o , 1986, before me, the under0,i.gned, a Notary
Public in and for said State, personally appeared (PiC•�V
and------ — _ .
personally k'n to me,(or proved to me on the basis of satisfactory evidence)
to be the -t((!)-C3/ ) and , respectively, of
MERIDIAN MEDICAL, INC., the corporation that executed the within instrument and
known to me (or proved to me on the basis of satisfactory evidence) to be the
persons who executed the within instrument on behalf of said corporation and
acknowledged to me that such corporation executed the same.
WITNESS my hand and official seal.
Notary Public in and for said State
OFFICIAL SEAL
MAI L SPENCER
NOTARY PUBLIC - CALIFORNIA
O^ANSE COUNTY
Ply comm. expires ":N 31, 1989
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