HomeMy WebLinkAboutC-3903 - Encroachment Agreement for 3713 Ocean Boulevard`J
Cr' City Cierk i{ ; z
City of Newport Beach
c 3300 Newport Blvd.
l ewport °each, CA 92663-3884
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P P,ECORDfN3 REQUEST PER
GOVERNMENT CODE 6103
ENCROACHMENT AGREEMENT
8T-064383
�� /THIS AGREEMENT is made and entered into this 9,nf day of
/ i--14Z1g/* , 1987 by and between David L. Williams and Mary R. Williams,
husband and fe, owners of real property located at 3713 Ocean Boulevard,.
Corona del Mar, California, hereinafter referred to as "OWNERS," and the CITY OF
NEWPORT BEACH, a municipal corporation, organized and existing under and by
virtue of its Charter and the Constitution and the laws of the Stat nia,
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hereinafter referred to as "CITY"; ,T�-V`f^\..
W I T N E S S E T H: :::°,17:117
11. -
WHEREAS, OWNERS desires to construct non-standard park'a'��.impr_ovem_en, \
in the public right-of-way of Ocean Boulevard adjacent to an irregulaely-srraped
parcel of property described as follows:
That certain parcel of land located in. Block A, Corona del Mar tract,
in the City of Newport Beach, County of Orange, State of California, as per map
recorded in Book 3, Page 42 of Miscellaneous Maps in the Office of the County
Recorder of said County, described as follows:
Beginning at a point in the southwesterly line of Ocean Boulevard,
northwesterly 155.39 feet thereon from the most easterly corner of said Block A,
said point being also the northerly corner of the land described in deed to
George Maurice Tassel, and wife, recorded April 29, 1948 in Book 1757, Page 549
of Official Records of said Orange County; thence northwesterly 100.00 feet
along said southwesterly line of Ocean Boulevard; thence southwesterly
perpendicular to said southwesterly line of Ocean Boulevard to the southwesterly
line of said block A; thence southeasterly along said southwesterly line of
Block A to the westerly corner of said Tassel land; then northeasterly along the
northwesterly line of said Tassel land to the point of beginning.
Excepting therefrom the southeasterly 50.00 feet thereof.
WHEREAS, CITY desires to condition approval of construction of said
non-standard improvements over said facilities; and
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY. CALIFORNIA
-3 0o PM FEB 4'87
ECOR
RECORDER
ENCROACHMENT AGREEMENT
THIS AGREEMENT is made and entered into this4Gday of
, 1987 by and between David L. Williams and Mary R. Williams,
husband and wife, owners of real property located at 3713 Ocean Boulevard,
Corona del Mar, California, hereinafter referred to as "OWNERS," and the CITY OF
NEWPORT BEACH, a municipal corporation, organized and existing under and by
virtue of its Charter and the Constitution and the laws of the State of California,
hereinafter referred to as "CITY";
W ITNESSET H:
WHEREAS, OWNERS desires to construct non-standard parkway improvements
in the public right-of-way of Ocean Boulevard adjacent to an irregularly shaped
parcel of property described as follows:
That certain parcel of land located in Block A, Corona del Mar tract,
in the City of Newport Beach, County of Orange, State of California, as per map
recorded in Book 3, Page 42 of Miscellaneous Maps in the Office of the County
Recorder of said County, described as follows:
Beginning at a point in the southwesterly line of Ocean Boulevard,
northwesterly 155.39 feet thereon from the most easterly corner of said Block A,
said point being also the northerly corner of the land described in deed to
George Maurice Tassel, and wife, recorded April 29, 1948 in Book 1757, Page 549
of Official Records of said Orange County; thence northwesterly 100.00 feet
along said southwesterly line of Ocean Boulevard; thence southwesterly
perpendicular to said southwesterly line of Ocean Boulevard to the southwesterly
line of said block A; thence southeasterly along said southwesterly line of
Block A to the westerly corner of said Tassel land; then northeasterly along the
northwesterly line of said Tassel land to the point of beginning.
Excepting therefrom the southeasterly 50.00 feet thereof.
WHEREAS, CITY desires to condition approval of construction of said
non-standard improvements over said facilities; and
WHEREAS, the parties hereto desire to execute an agreement providing
for fulfillment of the conditions required by CITY to permit OWNERS to construct
said non-standard improvements;
NOW, THEREFORE, in consideration of the mutual promises, the parties
hereto agree as follows:
1. It is mutually agreed the "non-standard improvement" shall be
defined as stairs; handrails, retaining walls; raised planters, a fountain,
walkways, sidewalks and a driveway approach, and planting and appurtenances; all
located within said public right-of-way and as shown on Exhibit "A" attached
hereto.
2. None of the non-standard improvements shall be constructed above
the level of the adjacent curb.
3. CITY will allow OWNERS to construct, reconstruct, install maintain,
use, operate, repair and replace said non-standard improvements and facilities
and appurtenances necessary and incidental thereto, over CITY's facilities, in
substantial conformance with plans and specifications therefor on file in the
CITY's Public Works Department. CITY will further allow OWNERS to take all
reasonable measures necessary or convenient in accomplishing the aforesaid
activities.
4. OWNERS agree to replace and existing meandering asphalt pathway
located in the public -right-of-way of Ocean Boulevard adjacent to OWNERS'
property and adjacent parcel of the property located adjacent southeasterly,
with a four -inch -thick portland cement concrete sidewalk, six feet in width,
adjacent to the curb in front of OWNERS' property and in front of said parcel of
property located adjacent southeasterly.
5. OWNERS and CITY further agree as follows:
a. OWNERS may construct and install non-standard improvements and
all facilities and appurtenances necessary and incidental thereto, in
substantial conformance with plans and specifications therefor on file in the
CITY's Public Works Department.
b. OWNERS shall maintain the aforesaid non-standard improvements
and facilities 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 in or under said non-standard street
improvements.
c. Should CITY be required to enter onto said public right-of-way
owned by CITY to exercise its primary rights associated with said public right-
of-way, including, but not limited to, the maintenance, removal, repair, renewal
replacement or enlargement of the existing or future facilities, CITY may remove
portions of the non-standard improvements, as required, and in such event:
(1) CITY shall notify OWNERS of its intention to accomplish
such work, if an emergency situation does not exist.
(2) OWNERS shall be responsible for arranging for any renewal
or restoration of the non-standard improvements affected by such work by CITY.
(3) OWNERS agree to pay any costs of renewal or restoration of
the non-standard improvements.
d. OWNERS agree to indemnify and hold harmless CITY, its officers,
agents and employee from all demands, claims, losses or liability on account of
injury or damage to persons or property suffered or claimed to be suffered as a
result of the construction, use, maintenance or renewal of the non-standard
improvements
6. OWNERS 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:
ATTEST:
CityAttorney
City Clerk
STATE OF CALIFORNIA)
) s.s.
COUNTY OF ORANGE )
CITY OF NEWPORT BEACH,
a Mu i ipal Corporation
By
City Manager
OWNER
5avid L. Williams
G=(J
Mary R Williams
On , 1986, before me, the undersigned, a Notary Public in
and for said State, personally appeared
Newport Beach, and
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.
, known to me to be the Mayor of the City of
WITNESS my hand and official seal.
Notary Public in and for said State
STATE OF CALIFORNIA)
) s.s.
COUNTY OF ORANGE )
On _yA. , 1986, before me, the undersigned, a Notary Public in
and for said State, personally appeared �;;;!.;;� .1 ��,�,_��,
MAC) . +? . OJf 9, * s , known to me to be (or proved to me on the basis of
satisfactory evidence) to be the person(s) described in, and whose names(s) is
(are) subscribed to the within instrument and he (she, they) acknowledged to me
that he (she, they) executed the same.
WITNESS my hand and official seal.
OFFICIAL SEAL
MICHAEL R. WIMBUSH
Notary Public -California
ORANGE COUNTY
My Comm. Exp. Jan. 8,1989
/teary Public in and for said State
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