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.
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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;
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(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
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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
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