HomeMy WebLinkAboutC-3683 - Encroachment Agreement for Spyglass Ridge Monument Sign (san Joaquin Hills Rd / Spy Glass Hill Road)CA(AvoL
RECORDING REQUESTAND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659-1768
9175 571
OFRECIAL RECORDS
O ADED ORANGE N OFFY, CALIFORNIA
-930 AM OCT 18'91
a. c 4t6,4 RECORDER
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
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THIS AGREEMENT is made and entered into this J41 day of
/,4ej1=41=F . , 1991, by and between Spyglass Ridge Community
Association, Corona del Mar, (hereinafter "OWNER"), and the City
of Newport Beach, California, a municipal corporation organized--
and existing under and by virtue of its Charter and the ij
Constitution and the laws of the State of California,
(hereinafter "CITY");
W I T N ES S E T H:
RECEIVED
NOV 6 11991
CITY CLERK
CITY oF
YEWPORT BEACH
WHEREAS, OWNER desires to construct certain non-standard
improvements (hereinafter "PERMITTED IMPROVEMENTS") within the
San Joaquin Hills Road and Spy Glass Hill Road rights -of -way
(hereinafter "RIGHTS -OF -WAY") on the southeasterly corner of the
intersection adjacent to the unincorporated
on a map of Tract No. 7247 recorded in Book
25 inclusive, of Miscellaneous Maps in the
Recorder of Orange County, California; and
County area as shown
278, Pages 21 through
office of the County
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; 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 an entry monument sign and planter as shown on
EXHIBIT "A" attached hereto and as approved by the City Engineer.
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 RIGHTS -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
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convenient in accomplishing the aforesaid activities.
3. OWNER and CITY further agree as follows:
a. That the monument sign must be set back a minimum
distance of five (5) feet behind sidewalk (15 feet behind face of
curb). The total height of the planter and landscape shall not
be greater than 24 inches above curb face. Sight distance shall
be provided for bicycles at the intersection adjacent to the
sign.
b. That the existing Coral tree located on the
southeasterly corner of Spy Glass Hills Road and San Joaquin
Hills Road be removed.
c. 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.
d. 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.
e. 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.
f. 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.
CITY OF NEWPORT BEACH,
a Municipal corporation
APPROVED AS TO FORM:
By:
ATTEST:
OWNER:
OF CALIFORNIA )
ss:
O• yGE
On '' ' // , 1991, 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 t»t they executed the same.
WITNESS my hand and official
Notary Public in = ': for s id State
3
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE
On �C /$ , 1991, before me, the undersigned, a
Notary Pub)-ic in and for the State, personally appeared
/ T,-i / 71et' s ei-7 , 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 executed the same.
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OIWO4ON
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Notary Public in and for said State
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE / )
On (J y�,y, U�,� /� , 1991, before me, the undersigned, a
Notary Pub .c in and for the State, personally appeared
✓e r e /; , 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 executed the same.
AG\SPYGLASS
OFFICIAL SEAL
JO ANN N. CRAIG
NOTAORANGRY
COUNTY L-CALIFORNIA
MY COMM. EXP. MAY 24 1994
and for aid State
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