HomeMy WebLinkAboutC-3696 - Encroachment Agreement for 2103 Bayside DriveB side
of Newport
and existing
Constitution
(hereinafter
RECORDING REQUESTE. AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659-1768
92722C '3
c1Z- ZZO7 7 S
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
-110§ AM APR 8'92
Q. c1;44
RECORDER
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
THIS AGREEMENT is made and entered into this /c (J
1992, by and between Kosuke and Miwako Inou
Drive, Newport Beach, (hereinafter "OWNER"), and
Beach, California, a municipal corporation o
virtue of its Charter and thg>
of the
under and by
and the laws
"CITY") ;
State of California/
`�%'
W I T N E S S E T H:
e,
the City
rgax1izec
Agmo
day of
2103
=) '� 1992
AFR `.2
tyv \� \ tool" FA�t1
WHEREAS, OWNER has constructed certain non-standard
ir/
improvements and proposes to construct additional non-standard
improvements (hereinafter "PERMITTED IMPROVEMENTS") within the
Bayside Drive public right-of-way (hereinafter "RIGHT-OF-WAY")
that is located adjacent to Lot 3, Tract No. 2984 as shown on a
map recorded in Book 87, Page 14 of Miscellaneous Maps in the
office of the County Recorder of Orange County, California; also
known as 2103 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 decorative concrete sidewalk and drive aprons
installed 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. 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.
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.
2
4. OWNER sh.,__ indemnify and hold harml.,ss 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:
ATTEST:
1)1/71/4_ g
City Cl
City/ Att$rney
CITY OF NEWPORT BEACH,
a Municipal corporation
OWNER:
By:
3
STATE OF CALIFORNIA
ss:
COUNTY OF ORANGE
COUNTY OF ORANGE
On 6,tiA,4.3 , 1992, 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 that they executed the same.
WITNESS my hand and official sea
STATE OF CALIFORNIA )
) ss:
)
Notary Public in and
i. n w A A a e.
OFFICIAL SEAL
SHAUNA LYN OYIERP
NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
ARy Comm. Expires Jan. 16, I.443
said
07/ , 1992, before me, the undersigned, a
Not t Pub is i and or the S aper o
� � � �, p � ,ly appeared
, known to
e'(or proved to I'e on the basis of satisfact6ry evidence) to be
the person(s) whose name(s) is (are) subscribed to the within
instruction and acknowledged that he/she/the executed the same.
COUNCIL\E-BAYSID.2
Notary Public in' hd foraid State
4
BAYSIDE DRIVE
4'X/-1//3 / 7'
N
a)
(13
04
U
H •3
(1)
H
U
HW
cn •�
z�
zzo
3 aa)
W
z