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Home My WebLink AboutC-3676 - Encroachment Agreement for 503 32nd Street91-336224 RECORDING REQUESTED AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92659-1768 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA `225 PM JUN 2 8 '91 $ 13.00 C 4 cet,- RECORDER Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT THIS AGREEMENT is made and entered into this 4 day of 0/cc , 1991, by and between 503 Lido Partners LTD, a California Limited Partnership, whose address is 503 32nd Street, Suite 200, Newport Beach, also known as a portion of Lot 6 of Tract No. 1117 (hereinafter "OWNER"), and the City of Newport Beach, California, a municipal corporation organized and e s1t�ing under and by virtue of its Charter and the Constitutions and the laws of the State of California, (hereinafter "CITY");/ W I T N E S S E T H: 6\0� r� WHEREAS, OWNER desires to construct certain non-standard sidewalk improvements (hereinafter "PERMITTED IMPROVEMENTS")' within the 32nd Street, Via Oporto and Via Malaga public right- of-way adjacent to a portion of Lot 6, Tract No. 1117. (hereinafter "RIGHT-OF-WAY") as shown on a map recorded in Book 35, Page 48 of MiscellaneousMaps in the office of the County Recorder of Orange County, California; also known as 503 32nd Street, 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 the RIGHT-OF-WAY; 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 textured concrete paving as shown on EXHIBIT "A" attached hereto and as approved by the City Engineer. 1 2. CITY does hereby agree that OWNER may construct, reconstruct, install, maintain, use, operate, repair and replace said PERMITTED IMPROVEMENTS and appurtenances incidental thereto, within RIGHT-OF-WAY, all in substantial conformance with plans and specifications on file in the CITY. CITY agrees that OWNER may 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 PERMITTED IMPROVEMENTS, -and appurtenanceswincidental thersto,_i.n,, substantial conformance with plans and specifications therefor on file in the CITY's Public Works Department, and as described on Exhibit "A" hereto attached. b. OWNER shall maintain the PERMITTED IMPROVEMENTS in accordance with general prevailing standards pay all costs and expenses incurred in doing nothing herein shall be construed to require replace or repair any CITY -owned pipeline, conduit, cable or any other facilities located in or under said PERMITTED IMPROVEMENTS, except as otherwise provided herein. of maintenance, and so. However, OWNER to maintain, c. 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 and shall make same. d. 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, provided CITY has engaged in reasonable efforts to avoid damage to these PERMITTED 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; (iv) OWNER agrees to pay all costs for renewal or restoration of the PERMITTED IMPROVEMENTS. 2 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 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 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: City ATTEST: STATE 0 •LIFORNIA COUNTY OF ORANGE ey. ss: CITY OF NEWPORT BEACH, a Municipal corporation By: / OWNER: 503 Lido Partners, LTD. A California Limited Partnership Bv: By: On c'Y , 1991, before me, the undersigned, a Notary Poi' is in and for the State, personally appeared Ph L7// 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 CG�C Gc. Notary Public in an for s! d State 3 State of California ss: County of Orange On June 12, 1991, before me, Marjorie A. McMillan, the undersigned Notary Public in and for said County and State, personally appeared Jack Jakosky, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person or the entity upon behalf of which the person acted, executed the within instrument. WITNESS my hand and official seal. SEAL: OFFICIAL SEAL MARJORIE A. MC MILLAN Notary Public -California i 4ct;4=`� ORANGE COUNTY ': - i My Comm. Exp. Oct. 18, 1991 • Capacity Claimed by Signer: This Certificate is attached to: CGIL[ PGt Gh mi-we Number of Pages .1 Date of Document: 1991 REVISED ALL-PURPOSE FORM Marj ori(¢ A. McMillan Notary Public in and for County and State said 7 /Lr,ft. Via Malaga, .r-�o r! 5' -0" I'L 177n / di 0 a � 0 Property Line erty Lin tNlyig" ` Via Oporto Q-I'TI-f'IGt Retardant Finish Natural Color Concrete llir�� TitIGK �andbiasted Finish ark Grey Concrete Sawcut into ' Squares . • Planting -Area Worr- 8e .- A�_cg.o1N6 7n GIT?' It{��ci IcN. LEGAL DESCRIPTIOfL Tract 1117 Lot 6 - BUILDING ADDRESS— 503 32hd Street Newport Beach, CA SITE INFORMATION Zoning C-1-H Site Area 4,140 sf 32nd Street Concrete Curb and EutTMr- ! rxv5-rt4 el TO MON North_ 1"=20' c rr in r oNs 44-4 Is tiY cT PROPERTY OWNERS 503 Lidb Partners LTD Three Upper Newport Plaza Newport Beach, California 92660 £4 I N6 PRE-Phj - c' 87`= -i froCT' 1-1-G N NeWF T 'o NOciF i^ OF_Ascr-i' 7f4- -c_4 51170 IG; /S4?` l N A FP1. 4 CA NTs .s}F NIJTu F4a 1. It is mutually agreed that PERMITTED IMPROVEMENTS shall t-