HomeMy WebLinkAboutC-2475 - Encroachment Agreement (for 910 South Bayfront)RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
r
City Clerk / ?
City of Newpb'rt Beach
P.O. Box 1768
3300 Newport Boulevard
Newport Beach, CA 92658-8915
NO CONSIDERATION
EXEMPT RECORDING REQUEST Pr.rt 88--364350
GOVERNMENT CODE 6103
EXEMPT
Cl1
RECORDED IN OFFiC AL AECO D
OF ORANGE COUNTY CALIFORNIA
' -4 00 PM JUL 27 '88
c_ 75.ct_ r sc�.,� couNTY
_ RECORDER
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
THIS AGREEMENT is made and entered into this c / day
, 1988, by and between Charles B. Lehman, hereinafter refer
o as n1WNER," and the CITY OF NEWPORT BEACH, 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 referred to as "CITY";
W ITNESSET H:
WHEREAS, OWNER owns a parcel of real property located in the City of
Newport Beach, County of Orange, State of California, described as follows:
Lot 6, Block 4, Section Two, Balboa Island, as per map filed in Book
6, Page 31 of Miscellaneous Maps, Records of Orange County,
California. Said real property is commonly known as 910 South
Bayfront, Balboa Island, California; and
WHEREAS, OWNER desires to construct certain improvements (hereinafter
"non-standard improvements"), within the right-of-way of South Bayfront,
hereinafter "EASEMENT;" and
WHEREAS, said non-standard improvements may interfere with CITY's
ability to construct, operate, maintain, and replace CITY facilities within said
EASEMENT; and
WHEREAS, CITY desires to condition approval 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 parties
hereto agree as follows:
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88-364350
NOW, THEREFO,._, in consideration of the mutua. promises, the parties
hereto agree as follows:
1. It is mutually agreed that "non-standard improvements" shall be
defined as a curb adjacent to the edge of the existing public sidewalk; a
planter area adjacent to the curb; a raised brick patio deck no higher than 10
inches above the existing public sidewalk, said raised patio deck to encroach no
more than a maximum of 42 inches into said EASEMENT but not closer than 18
inches to the edge of the existing public sidewalk; and a wrought iron fence on
top of the raised brick patio deck, but no more than 35 inches in height
measured from the top of the existing public sidewalk.
2. CITY will allow OWNER to construct, reconstruct, install, maintain,
use, operate, repair and replace said non-standard improvements and all
facilities and appurtenance necessary and incidental thereto, over CITY's
facilities, 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 accomplishing 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,
substantially as described in Section 1 above. Trees or other deep root growths
are specifically excluded from the definition of non-standard improvements and
shall not be planted in or on the EASEMENTS under any circumstances whatsoever.
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. However, nothing herein
shall be construed to required OWNER to maintain, replace or repair any
CITY -owned pipeline, conduit or cable located in or under said non-standard
improvements.
c. That should CITY be required to enter onto said 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 existing or future facilities, CITY may remove
portions of the non-standard improvements, as required, and in such event:
2 of 4
88» 3643
(i) CITY shall notify OWNER of its intention to accomplish such
work, if an emergency situation does not exist.
(ii) OWNER shall be responsible for arranging for any renewal
or restoration of the non-standard improvements affected by such work by CITY;
(iii) CITY agrees to bear the portion of the costs of any removal
of the non-standard improvements.
(iv) OWNER agrees to pay all costs for renewal or restoration of
the non-standard improvements.
d. OWNER agrees to indemnify and hold harmless, City, its
Council, Boards and Commissions, officers, agents, and employees, from any
and all demands, claims, losses, liability costs and expenses whatsoever
including reasonable attorneys' fees, 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
their 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:
8L2</-tf./eK.9
—.9
City Clerk
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE
OWNER
' // % ! ./) y�
Charles B.
B. Lehman
On 1-- , 198 '-before me, the dersi gned a N ary
Public in and for tK. State, personally appeared C— x
known me to be the Mayor o ,,; the City of N port Beach
and .�- r
i ;�►�� , , , known to me to be the City Clerk of
the City of -Newport Beach, known001 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.
Cd-:64A.
4
OFFICIAL SEAL
DOROTHY L. PALEN
M iT NOTARY PUBLIC - CALIFORNIA
f ;) PRINCIPAL OFFICE IN
ORANGE COUNTY
My Commission Exp. Apr, 5, 1989
Notary Public in d for said State
3 of 4
88-36450
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On July 12, , 1988, before me, Marilyn C Ritter , a
Notary Public in and for said State, personally appeared Charles B Lehman
, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person that executed this instrument,
and acknowledged to me that he/she executed the same.
My commission expires
8-30-88
OFFICIAL SEAL
MARILYN C RITTER
NOTARY PUBLIC - CAUFORNIA
ORANGE COUNTY
My comm. expires AUG 30, 1988
Witness my hand and official seal:
•C2
P�2u��ic in and
fo
r or said State
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