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HomeMy WebLinkAboutC-3662 - Encroachment Agreement for 1945 Bayside DriveN • RECORDING REQUESTED AND WHEN RECORDED RETURN TO: 80788 (41 City Clerk City of Newport Beach Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92659-1768 $1300 1 C14 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNtA -32Q PM APR 17'91 Q • %16RECORDER Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT THIS AGREEMENT is made and entered into this „/5' L day of , 1991, by and between William M. Shattuck, 1945 Bayside Drive, Newport Beach, (hereinafter "OWNER"), and lily of Newport Beach, California, a municipal corporation org and existing under and by virtue of its Charter and th Constitution and the laws of the State of California,(hereinafter "CITY");ij 1Cfm H PoRJ BEACH W I T N E S S E T H: WHEREAS, OWNER has constructed certain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within the Bayside Drive public right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to a portion of Lot 6 , Tract No.2094 as shown on a map recorded in Book 57, Page 50 of Miscellaneous Maps in the office of the County Recorder of Orange County, California; also known as 1945 Bayside Drive, Newport Beach, 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 RIGHT-OF-WAY; and WHEREAS, CITY desires to condition approval of construction of PERMITTED IMPROVEMENTS within RIGHT-OF-WAY to insure the RIGHT-OF-WAY is 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 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 brick pavers in the sidewalk and drive aprons installed on a four (4) inch of concrete base as shown on EXHIBIT "A" attached hereto and as approved by the City Engineer. 1 2. CITY will allow OWNER to construct, reconstruct, install, maintain, use, operate, repair and replace said PERMITTED IMPROVEMENTS and appurtenances incidental thereto, within a portion of RIGHT-OF-WAY, 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. 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 RIGHT-OF-WAY. b. 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. c. 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. d. 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. e. That should CITY be required to enter onto said RIGHT-OF-WAY to exercise its primary rights associated with said RIGHT-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 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; 2 (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 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 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. 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: ` A4.4-f. Cit ' At ► .-rney ATTEST: City Cl CITY OF NEWPORT BEACH, a Municipal corporation By: OWNER: By: Mayor 3 STATE OF CALIFORNIA ss: COUNTY OF ORANGE g .� �� On , 1991, before me, the undersigned, a Notary Publ 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. �. . c:7:14 OFFICIAL SEAL SHAUNA LYN OYLER NOTARY PUBLIC - CALIFORNIA ORANGE CC'UN T `i My Comm. Exaires Jan. 16.1996 STATE OF CALIFORNIA COUNTY OF ORANGE d official seal. ss: Notary Public in and for said State On February 26, , 1991, before me, the undersigned, a Notary Public in and for the State, personally appeared Williman M. Shattuck , 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 execud the same. IF OFFI IAL SEAL SHAUNA LYN OYLER NOTARY PUBLIC - CAUFCRNIA ORANGE COUNTY My Comm. Expires Jan. 16. 1993 Notary Public in 'if1d fsaid State 4 f .if uiFt 7 f!(T‘