HomeMy WebLinkAboutC-3690 - Encroachment Agreement for 203 Marine Avenue (for 2 Lamp Posts)RECORDING REQUESTEIT4 )
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659-1768
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RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, ALIFORNIA
R'/— 6874-3
-95o AM DEC 16 '91
RECORDER
Add.
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Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
THIS AGREEMENT is made and entered into this J ) -- day of
, 1991, by and between Smith Family Trust, Mike Smith,
trustee (Mailing Address: Orthodine, 85 West 18th Street, Costa
Mesa, CA 92627), (hereinafter "OWNER"), and the City of Newport
Beach, California, a municipal corporation organized and existing
under and by virtue of its Charter and the Constitution and th04,
laws of the State of California, (hereinafter "CITY");
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W I T N E S S E T H:
WHEREAS, OWNER desires to reconstruct certain non-standard
improvements (hereinafter "PERMITTED IMPROVEMENTS") within the
Marine Avenue public right-of-way (hereinafter "RIGHT-OF-WAY")
that is located adjacent to a portion of Lot 27, Block 11, Map of
Section Four of Balboa Island Tract as shown on a map recorded in
Book 7, Page 37 of Miscellaneous Maps in the office of the
County Recorder of Orange County, California; also known as 203
Marine Avenue, Balboa Island, 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
RIGHT-OF-WAY; and
and improvements within
WHEREAS; the parties hereto desire to execute an agreement
providing for fulfillment of the conditions required by CITY to
permit OWNER to reconstruct and maintain 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 two low voltage decorative street lights in the
sidewalk as shown on EXHIBIT "A" attached hereto and as approved
by the City Engineer.
2. CITY will permit 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
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dns and spec; _cations on file in the . CITY will
Jher allow OWNER to 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 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. An emergency electrical shutoff switch shall be
constructed in a location acceptable to the CITY.
b. 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.
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.
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, 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.
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
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(when outside attor'fys are so utilized), rega.1J ess 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:
Ci y At orney
ATTEST:
CITY OF NEWPORT BEACH,
a Municipal corporation
OWNER:
By:
MikeSith,
Trustee for Smith FamftI Trust
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STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE
On 0,25, 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. Ra••io
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 se
OFFICIAL SEAL
SHAUNA LYN
NOTARY PUBLIC • CALI ORN'A
ORANCE COUNTY
My Comm. Expires Jan. 16. 19';3
O v v v a v
Notary Public in and"f6r said tate
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE
OnQ� �o� ; 991, before me, the undersigned, a
Not r P�l(�J,�QyC���Gd at , pe sonally appeared
, known to
me (o 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/ executed the.game.
OFFICIAL SEAL
SHAUNA LYN OYLER
NOTARY PUBLIC • CALIFORNIA
ORANGE COUNTY
My Comm. Expires Jan. 16. 1993
COUNCIL\E-MARINE
Notary Public in an for said State
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