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Home My WebLink AboutC-3638 - Encroachment Agreement for 2296 Channel RoadOD t't-1 RECORDING REQUESTED AND UWHEN RECORDED RETURN TO: City Clerk/,/./), City of Newport Beach Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92659-1768 9.1 011592 $13 00 C14 L,(00'4' .CORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA 10:30 .�AP,I 9 1991 A.M. 42Z RECORDER Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT 4-d2eTHIS AGREEMENT is made and entered into this & day of , 1990, by and between the ALBERT L. GRASSO AND LOIS M. GRASSO, 2296 Channel Road, Balboa, California, (hereinafter "OWNERS"), and the City of Newport Beach, California, a municipal corporation organized and existing under and by virtue of its„7iif Charter and the Constitution and the laws of the State of California, (hereinafter "CITY"); � 341g ff W I T N E S S E T H: cat o. c,70 WHEREAS, OWNERS desire to construct certain non-standard"f-.T improvements (hereinafter "PERMITTED IMPROVEMENTS") within the West Jetty City Park and Channel Road public rights -of -way (hereinafter "RIGHTS -OF -WAY") that is located adjacent to Lot 1, Block"P", Tract No. 518 as shown on a map recorded in Book 17, Pages 33 to 36 inclusive of Miscellaneous Maps in the office of the County Recorder of Orange County, California; also known as 2296 Channel Road, Balboa, California; 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 RIGHTS -OF -WAY; and WHEREAS, CITY desires to condition approval of construction of PERMITTED IMPROVEMENTS within RIGHTS -OF -WAY to insure the RIGHTS -OF -WAY are reserved for public use or open space and that the RIGHTS -OF -WAY are not diminished by the installation of the PERMITTED IMPROVEMENTS; and WHEREAS; the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to permit OWNERS 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 follows and as shown on Exhibit "B": a. Brick pavers, landscaping and irrigation improvements located within the Channel Road 1 right-of-way. b. Landscaping and irrigation system in the area between the Park sidewalk and 2296 Channel Road. c. Any alterations to the bulkhead coping shall be subject to review and approval of the Public Works Department and in accordance with conditions of an Encroachment Permit. d. Relocation of park bench and reconstruction and removal of concrete sidewalk. 2. OWNERS shall obtain the review and approval of the City's Parks, Beaches and Recreation Department for all plant materials to be used in the RIGHTS -OF -WAY. 3. OWNERS agrees that the property line wall located along the southerly property line of 2296 Channel Road will be kept at or below three (3) in height above natural grade in the first ten (10) feet behind the back of bulkhead coping. 4. CITY will allow OWNERS to construct, reconstruct, install, maintain, use, operate, repair and replace said PERMITTED IMPROVEMENTS and appurtenances incidental thereto, within a portion of RIGHTS -OF -WAY, all in substantial conformance with plans and specifications on file in the CITY. CITY will further allow OWNERS to take all reasonable measures necessary or convenient in accomplishing the aforesaid activities. 5. OWNERS and CITY further agree as follows: a. It is mutually understood that the rights granted herein are non-exclusive, and the public is not to be excluded from any portion of said RIGHTS -OF -WAY. b. OWNERS 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 "B" hereto attached. c. OWNERS 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 OWNERS to maintain, replace or repair any CITY -owned pipeline, conduit or cable located in or under said PERMITTED IMPROVEMENTS, except as otherwise provided herein. d. If City or other public facilities or improvements are damaged by the installation or presence of PERMITTED 2 IMPROVEMENTS, OWNERS shall be responsible for the cost of repairs. e. That should CITY be required to enter onto said RIGHTS -OF -WAY to exercise its primary rights associated with said RIGHTS -OF -WAY, 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 OWNERS of its intention to accomplish such work, if any emergency situation does not exist. (ii) OWNERS 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) OWNERS agree to pay all costs for renewal or restoration of the PERMITTED IMPROVEMENTS. 6. OWNERS 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. OWNERS shall indemnify and hold harmless City, its City Council, boards and commissions , officers and employees from damages to his property as the results of wave action and/or erosion and settlement related to removal and modification of the bulkhead coping and concrete in the area adjacent to City's bulkhead. 7. OWNERS agree 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. 3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first -above written. CITY OF NEWPORT BEACH, a Municipal corporation APPROVED AS/ 0 FORM: By: BY City Attorney / Mayor ATTEST: City c STATE OF CALIFORNIA COUNTY OF ORANGE OWNERS: By: By: , e,-L / 4/u .-, •t., On'2C€771 U � , 1990, before me, the undersigned, a Notary Public in and for the State, personally appeared Phil Sansone , 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. 4 - OFFICIAL SEAL SHAUNA LYN OYLER NOTARY PUBLIC - CALIFCRNIA ORANGE COUNTY My Comm. Exaires .zn. 16. 1593 j +�-a a rr�aaaa Notary Public in and 1 or sai- State STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE On ‘lr 6 , 1990, before me, the undersigned, a Notary Public in and for the State, personally appeared Albert L. Grasso and Lois M. Grasso, known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instruction and acknowledged that they executed the same. OFFICIAL SEAL SHAUNA LYN OYLER NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY *Comm. Expires Jan. 16, 1993 a-w-vc a. otary Public in for s.-/ • State 4 ENG{ka thieNT frizimIT /-41d PPFTIAt, PAPI4 ENRAW-tMedT tiAN GttANNet. 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