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HomeMy WebLinkAboutC-845 - Remodel Balboa Inn, encroachment overhead walkways 3 13 14 '1 MAY 29 1963 1 MIMI M C �4� I DTX 067 01 857 25152 ECORDED AT REOUEaf or iR p w�ue, _ M QiflW�l FECJNDi OF ORw.De lovmm CAUL. FREE lslAN MAY 29 1963. . . 'ENCROACHMENT AGREEMENT .. RUBY WARUND, CouMY Recxft a� M THIS ACHED=, made and entered into this ', day of : . 1963, BY AMD BETWEEN - THE CITY OF NEWPORT BEACH, a' mtmicipal corporation 'herein- . after `referred to as 'Grantor ", AND RICHARD H. RICE -and AUDREY.'W.. I . - RICE, and.their heirs, succes- sots or assigns - hereinafter referred.to as hGrantees". . .. RECITALS A. .Grantees are the owners of certain real properties in the City. of. New ort Beach, County of Orange. State.oE California which .propertias are hereinafter referred to as Parcels I and II. and described as follows: �I i 1 1 I i t 1S PARCEL. I: Lots 12 13 of Balboa ae, asp p retarded n gook 4, page 11, of Miscellaneous Maps, records of Said .16 17 Comty. f ¢ .,,A, PARCEL II:. That portion of Block D, alboa Tract As as per map record 4. 4 -' • .Laneous Maps, records of said County, described as" 19 follows: Cocmencingat the most Easterly corner of - -said Block D, thence Southwesterly along the South- . 20 - 'easterly line of said Block D. and Its Southwesterly - prolongation,. to an intersection with a Line Lying 21 Southwesterly of, parallel to, and distant 55.00 feet, measured at right angles from.the Northeasterly line . 22 of said Block D. thence Northwesterly.along said i parallel line a distance of L35.00 feet, more or less, .23 - - to an intersection with :the. Southwesterly prolongation of the Northwesterly line of Lot 12, Block 10 of said ' 24 Balboa Tract, thence Northeasterly along said South- _ westerly prolongation to an intersection with the 25 aforementioned Northeasterly line of Block D. thence Southeasterly along said Northeasterly line a distance. 26 of.135.00.feet, more or less. to the point of beginning.- i IMAY. 29 .1963 4„ M . em16567 fit9958 1 thereby connecting'Parcel I and parcel II, as shown on.skatch g marked Exhibit "A" attached hereto, and by. this reference iacorpor S ated berain:,I 4 NOW. TM=Poiz; the City C,rnmcil of. the City of. Newport } B' Beach hereby permits grantees to.construct, operiti and maintain a.: a 6 crossing which egcroaches` over Parcel III, Subject to the following 7 7 .terms_ and conditions t 1: •Duratiom. This permit is ravocable.by Crantor�upoa � 9 ninety '(90) days, written notice. to grantees or their successor& 10 'in interest 11 2'. No Precedent Established. This permit is, granted 12 , with the understanding :that this action is not to be�cansidered.as 13 sstablishing que aay precedent •on than aeion of the expediency of 14 paimittin9 any certain kind of encroachment to be erected within iS I right of ray of'City streets. !16 3. Manner of Construction. Grantees agree that the 17 'crossing authorized will be constructed to provide the clearances, shown on Exhibit PA ^.and in accordance with plans and ape cifica- - 19 Lions approved by the ,City CounciL: After approval of the plans 20 and, specification,* has. been obtained, no deviations from said ,. .21 : plane and . specifications 'will'.be.peruLtted without prior approval 82 of the City Council. 23 4. 'Notice Prior to Startinx Work. Before commencing , 44 ;o:rk on said crossing,'graatces shall notify the Public Works .96 .Director and Ehe Building and Safety Director of.tha City in 26 . writing'three':(3)`days prior,'to.the date work is to begia. B7 3., Protection of Traffic. Grantees agree Co sake ads- i8 quato provision for the safety and protection ol..the public...'. 29 Barricades shall be'placed.with,red'. lights ?at,ziight as may be. 30 r wbils'the'vork is in progress. Grantees further agree to S1 .Gals such additional�meaouies ia.the interest of public,safgty as 3g 'say be, rsquested by the City Manager'ar his authorized: representati.e. t^a 1 1r . � • . . fMAY. 29 1963� � . •jam ' � { {� a=6567 fk1960'.. . I Lademnify and holJ.harmlaea. the grantor from any claims ,'dome nd5, . '; actions. At law, or judgments made or- prosecuted by.any:'person or ,. 3 .persons for or on aceount:o£ any personal injuries.or'damage to .property arising out 6f-or sustained AIs,a'resulrof:the creation.' 's .or m&Lnteaanc*. of the encroachment. permitted, under this '.agreement,.- ` 6 or vbich suy &rise as a result'of the. failure'vf'grantees to ; • 7 j. .perform'any:duty; imposed 6y lair or any term or obligatioo.of this.' ` d agreement. :-14 ''£tie covenants and,condULons:'o£ this agreement shall 10 run with, the real property herela'-dascrLbed and shall be binding on . 11 the heirs, successors and assigns of g rants as.:.After' execution by.. 1P the respective.parties, this agreement shall be recorded at the,_: 13 office of the County. Recorder of. Orange County. la IA YITNESS iiF�R80P,_tiu partias hereto -have ezeeuted this agreement as'of the day and year first above:vrittea. :,16 CITY T BEACH'' 19 E7:._h /ielt 18 Attest. ty 616ZF, GRANTOR i 23 - i !J_ RIgNW K. RICK . 3 24 l '11.0 -t• '. AULM41 %V.. Alva t l .. .. d9ARTErS, A7 STATE OF CALIFORNIA j a, > a Zy � 1463i before me, the undersigned, . a' Notary Public an or said County and'State,:.personally appeared CHAR E: HART and MARGERY SCHROUDER.' known to me to be the Mayor and City Clerk, respectively.: of the CITY OF. NEWPORT BEACH and to 31 be the persons whose. names .are subscribed, to the within instrument 1 . a ' y f ' • 1 '• 1 "kMAY 29 1963 1.. «71 t • 1 and acimorledged that they e�cecuted the ame on betulf of ,ths'City . . of.,Nevport. beach. : 1 WLTN633 my hand and 'official.Baal. d S .. .. NC A lic in and fQv 4 sai h and. 6 7 STATE OYCALIFOBfRA) sf 3 1963 before me, the' undersigned, a. ' ' ersonall appeared States P y.' PP . 'Notary In °n�said County and NotaryD BICE.and. A00HEY W. RICE, known to me to be the pperson.. . :. 10 H. names are subscribed to. the within instrument and acimow- y .vhose it led %64 that they executed the same 18 ''WI'PNz my band and official feel - 12 13 (1La+aZ I112�E• 1 {'. .. lie in and for Said iS a d Statn 16 17 19 '. . .. ... ... i .. l: .24 - 1;. R7 v R8 30 32 _.1 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 231 24 25 26 27 28 29 30 31 32 BmK6567 LP,(:E957 25152 RECORDED AT f1EQUEST OF 'CITY OF NEWPORT BEAM IN OFFICIAL RECORDS OF ORANGE- GOUNTY, CALIF. FREE 9:05 AM MAY 2 9 1963 ENCROACHMENT AGREEMENT RUBY McFARLAND, County Recorder a THIS AGREEMENT, made and entered into this " 3 day of 1963, BY AND BETWEEN THE CITY OF NEWPORT BEACH, a municipal corporation, herein- after referred to as "Grantor". AND RICHARD H. RICE and AUDREY W. RICE, and their heirs, succes- sors or assigns, hereinafter referred to as "Grarttees`. PVVTTAT_.q A. Grantees are the owners of certain real properties in the City of Newport Beach, County of Orange, State of Californial I which properties are hereinafter referred to as Parcels I and II, and described as follows. - PARCEL I: Lots 12, 13, 14, 15 and 16 in Block 11' of Balboa Tract, as per map recorded in Book 4, page 11, of Miscellaneous Maps, records of said County. PARCEL II: That portion of Block D, Balboa Tract, as per map recorded in Book 4, page 11 of Miscel- laneous oMaps, records of said County, described as follws: Commencing at the most Easterly corner of said Block D, thence Southwesterly along the South- easterly line of said Block D, and its Southwesterly prolongation, to an intersection with a line lying Southwesterly of, parallel to, and distant 55.00 feet, ra,easured at right angles from the Northeasterly line of said Block D, thence Northwesterly along said Parallel line a distance of 135.00 feet, more or less, io an intersection with the Southwesterly prolongation of the Northwesterly line of Lot 12, Block 10 of said Balboa Tract, thence Northeasterly along said South- westerly prolongation to an intersection with the aforementioned Northeasterly line of Block D, thence Southeasterly along said Northeasterly line a distance of 135.00 feet, more or lessto the point of beginning. B. Parcel I is adjacent to and abuts Ocean Front, a dedicated public street, hereinafter referred, to as Parcel III, on the north side, and Parcel II is adjacent to and abuts said I Parcel III on the south side. C. Richard H. Rice and Audrey W,, Rice desire and wish construct and maintain a crossing across Parcel III, 1 2 3 4 51 6 7 8 9 10 11 12 -13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 BooK6567 ,-e,Ll�958 thereby connecting Parcel I and Parcel II, as shown on sketch I marked Exhiblt "A" attached hereto, and by this reference incorpor-I ated herein. NOW, THEREFORE, the City Council of the City of Newport Beach hereby permits grantees to construct, operate and maintain a crossing which encroaches over Parcel III, subject to the following, I terms and conditions: 1. Duration. This permit is revocable by Grantor upon VS1 written notice to grantees or their successors in interest. 2. No Precedent Established. This permit is granted with the understanding chat this action is not to be considered as establishing any precedent on the question of the expediency of permitting any certain kind of encroachment to be erected within right of way of City street4l 3. Manner of Construction. Grantees agree that the crossing authorized will be constructed to provide the clearances shown on Exhibit "A" and in accordancewith plans and specifica- tions approved by the City Council. After approval of the plans and specifications has been obtained, no deviations from said plans and specifications will be permitted without prior approval of the City Council. 4. Notice Prior to Startia& Work. Before commencing work on said crossing, grantees shall notify the Public Works Director and the Building and Safety Director of the City in writing three (3) days prior to the date work is to begin. 5. Protection of Traffic. Grantees agree to make ade- quate provision for the safety and protection of the public. Barricades shall be placed with red lights at night as'may be required while the work is in progress. Grantees further agree to take such additional measures in the interest of public safety as may be requested by the City Manager or his authorized representati 2. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 .32 BooKG567 ,-ri.F959 6. Ato1a (�f Material. No material shall be stored ,Lk� _ _ on the street right of way, 7. Duty )L to Cle �njpp R�ZlLt ® Fay. Upon completion of the work, all materials and debris shall be removed; the right of way shall be left in a clean condition; all damage to public 8. §jMei�vii��J-_onoLork. All construction work shall be done subject to the supervision of, and to the satisfaction of, the grantor, 9. Attorneyts Fee. If it becomes necessary for grantor to bring a legal action to enforce any to or condition of this agreement, grantees agree to pay grantor a reasonable attorney's fee to be fixed by the court. 10. Future Removal of Encroachment, It is agreed by grantees thatwithin ninety (90) days after written notice from the grantor, grantees will cause to be removed all construction from the street right of way at the sole expense of grantees ani that grantees will restore the street right of way to its original • 11. Care of Drain�a y2��. If the work herein described shall interfere with the established drainage, grantees shall take such corrective measures as may be deemed necessary by grantor. 12. Maintenance. Grantees agree by the acceptance o I this permit to exercise reasonable care to maintain properly thal inspecting for and immediately repairing and -making good any injury to any portion of the street which occurs as a result of the raain- work done under this permit, including any and all injury to the street which would not have occurred had such work not been done -or 13. Liabijj.�y p!es Grantees shall defend, 3. R1 1101 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 BooK 6567 960 indemnify and hold harmless the grantor from any claims, demands, actions at law, or judgments made or prosecuted by any person or persons for or on account of any personal injuries or damage to property arising out of or sustained as a result of the creation or maintenance of the encroachment permitted under this agreement, or which may arise as a result of the failure of grantees to perform any duty imposed by law or any term or obligation of this agreement, 14. The covenants and conditions of this agreement shall run with the real property herein described and shall be binding on the heirs, successors and assigns of grantees, After execution by the respective parties, this agreement shall be recorded at the office of the County Recorder of Orange County. IN WITNESS WHEREOF, the parties hereto have executed this 2greement as of the day and year first above written. RIC19RD '11i. 'RICE AUDRE-TVW—.-R-IC E GRANTEES STATE OF CALIFORNIA ss COUNTY OF ORANGE On 1963, before me, the undersigned, a Notary Public in anT-fo—r said County and State, personally appeared CHARLES E. HART and MARGERY SCHROUDEI* known to me to be the Mayor and City Clerk, respectively, of the 6ITY OF NEWPORT BEACH and to be the persons whose names are subscribed to the within instrument 4. I and acknowledged that they executed I.of Newport Beach. BooK6567 the same on behalf of the City WITNESS my hand and official seal. Notary Public in and for said County and State 7 STATE OF CALIFORNIA ss 8 COUNTY OF ORANGE 9 On 1963, before me, the undersigned, a Notary Public in anfsaid County and State, personally appeared 10 RICHARD H, RICE and AUDREY W. RICE, known to me to be the persons whpsenames are subscribed to the within instrument and acknow- ll i i 1, edke d that they executed the same. 12 �,WITNESS my hand and official seal. ;- 14" Notary Public in and for 15.. said County and State 16 171 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 5. BOOK 656'7 ,-Ac�E 962 1fr t I _ _r1 _____.__r._ Z `4 HCl G;� w BOOK 656'7 ,-Ac�E 962 1fr t I _ _r1 _____.__r._ CD c+ K r� C. r" O x � N H (D Qy n C� A� i 'pis°. a:�3 emirs. :ti:.bssd �: �.ic4 i 4,Wport Beath. CA tolala Dear V.<_ , . azd Mrs. Rica- ZIM- CAOsed is a 4ull eaaacated copy of the osa:rzath -mesa} agrsa�Ma+o; - bVLoIIbWk L�a:i 'w..d,7 � a «dl'��3°D %B�.s:.�A. ?$ffi'� R G..aB ++.. 14, SkiC'6 +5.•.1. - A�A ivj W. Rice, aacroac:i- xe= ajr*o;;isRt weas rscov4ed is &A ?i4m4 Records of Orange Co.;zsty a-i May 3X. 2943 as Dccesr &At N^,, 25152 In Bode 6567, corawancLig at Fagg 967 to sad i -hcludiag raga 962. I am also earlesisaj a „Jay exsaxted c opy a$ tba off -street parking agreement botvraaa ilae CAT of Newport Beach and Riche d H. Ries and Amdroy W. Ries. The ofd - street king- agreement atas ro- corded in tbs OfiWa: Records of Orange Covinty on May 29. 1963 as Docuniout No, ESi53 in Book 6367, cam eacing at P"a 933 to s,n3 inclrag gaga 967: ia1.3s of Rssa:vtiiouz wzzmbered 3-767 and 3766; authox! sing the eamcud of thot sus taatrasts, ant also enclosed. Said Rs**l=iozs wars adoptad an A,prn 22. 1?63, P TO: Finance Director FROM: City Clerk SUBJECT: Contract Contract No. C -845 0 Date June 10, 1963 Authorized by Resolution No. 5767 r adopted on April 22, 1963 Date Mayor and City Clerk executed Contract May 3, 1963 Effective date of Contract May 3, 1963 Contract with Richard H. Rice and Audrey W. Rice Address P. O. Box 1121 Newport Beach, California Brief description of Contract Construction and maintenance of an overhead walkway which encroaches over Ocean Front (re Balboa Inn) Amount of Contract City Clerk x 1`. 2 3 4 5 6 7 8 9 10 11 12 13 14 151 16I 171 18 19 20 21 221 23, 241 1 25 26 27 28 29 30 31 32 ENCR2% 'ptBL£f AOREFATU _ a TRIS ACREErtENT, made and entered into this day of Apr#+1, 1963, BY AND BXr4= THE CITY OF NEWPORT BEACH, a municipal corporati herein - after referred to as {'Grantor ", AN?) RICHARD R. RICE and AUEM W. RICE, and their heirs succes- sors or assigns hereinafter referred to as 'Grantees ". RECITALS A. Grantees are the owners of certain real properties in the City of Newport Beach, County of Orange, State of California, which properties are hereinafter referred to as Parcels I and II, and described as follows: PARCEL I: Lots 128 13, 14, 15 and 16 in Block 10 of Balboa Tract, as per map recorded in Book 4, page 11, of Miscellaneous Maps, records of said county. PARCEL. 11: That portion of Block D, Balboa Tract, as per asap recorded in Book 4, page 11 of Miscel- laneous Maps, records of said County, described as follows, Coomencing at the most Easterly corner of said Block D, thence Southwesterly along the South- easterly line of said Block D. and its Southwesterly prolongation, to an intersection with a line Iving Southwesterly of, parallel to, and distant 55.x0 feet, measured at right angles from the northeasterly line of said'. Block , thence Northwester) along said parallel line a distance of 135.00 feet more or less, to an intersection with the 5outhwesteRy prolongation of the Northwesterly line of Lot 13, Block 10 of said Balboa Tract, thence Northeasterly along said South- westerly prolongation to an intersection with the aforementioned Northeasterly line of Block D, thence Southeasterly along said Northeasterly line a distance of 135.00 feet, more or less, to the point of beginning. B. Parcel I is adjacent to and abuts Ocean Front, a dedicated public street, hereinafter referred to as Parcel III, on the north side, and Parcel II is adjacent to and abuts said Parcel III on the south side. C. Richard H. Rice and Audrey W. Rice desire and wish a permit to construct and maintain a crossing across Parcel III, 1; II 1 2 3 4 5i 6 7 8 9 10 11 12 13 14 15 kX-1 17i 18' 19 20, 21 22 231 24 25) 261 27 28 29 30 31 32 0 0 thereby connecting Parcel I and Parcel I1, as shown on sketch marked $ahibit "A" attached hereto, and by this reference Incorpor- ated herein. , THERE ORE, the City Council of the City of Newport Beach hereby permits grantees to construct, operate and maintain a crossing which encroaches over Parcel I11, subject to the following terms and conditionsv 1, Duration. This permit is revocable: by Grantor upon ninety (90) days' written notice to grantees or their successors in interest. 2. No Precedent Established. This permit is granted with the :mderstanding that this action is not to be considered as establishing any precedent on the question of the expediency of permitting any certain kind of encroachment to be erected within right of vaa of city streets, 3. Harmer of Construction. Grantees agree that the crossing authorized will be constructed to provide the clearances shown on Exhibit "A" and in accordance with plans and specifica- tions approved by the City Council, After approval of the plans and specifications has been obtained, no deviations from said plans and specifications will be permitted without prior approval of the City Council, 4; Notice Prior to Startin Work. Before commencing work on sa =d crossing, grantees shall notify the Public works Director and the ruildt.ng and Safety Director of the City in earning three (3) days prior to the date work is to begin. 5, Protect'on of Traffic. Grantees agree to wake ade- quate provision for the safety and protections of the public. Barricades shall be placed with red lights at night as may be required while the work is in progress. Grantees further agree to take such additional manures in the interest of public safety as may be requested by the City Manager or his authorized representat 2, . ti 1 2 3 4 5 6 7 8 9 1011 111 121 131 PCs 15 16 17 18 19 20 21 22 231 24 251 261 271 28� 29 30 31 321 6. 3t9rage o! Material, No material shall be stood oe the street right of way4 7. 29tL to Clean ft RLIM of WAY. Upon casipletion of the work, all materials and debris shall be ro wvedj the right of way shall be left in a clean esndition; all damage to public Property shall be repaired. S. %ervisien of Work. All construction work shall be done subject to the supervision of, and to the satisfaction of, the grantor, 9. Attaxnev's See. If it becases necessary for granter to bring a legal action to enforce any term or condition of this agreement, grantees agree to pay grantor a reasonable attosneyes fee to be fined by the court. l0. Future Removal of SnaroachtKat. It is agreed by grantees that, within ninety (90) days after written notice from the grantor, grantees will cause to be removed all construction from the street right of way at the sole expense of grantees and that grantees will restore the street right of way to its original condition. 11, Care of Brainae. If the work herein described shall interfere with the established drainage, grantees shall take such corrective measures as may be deemed necessary by grantor. 12. Maintenance. Grantees agree by the acceptance of this permit to exercise reasonable care to maintain properly the encroachment_ herein authorized and to exercise reasonable care in inspecting for and immediately repairing and maki�; good any injury to any portion of the street which occurs as a result of the main - tenance of said encroaebm=t in the street or as a result of the work done under this permit, including any and all injury to the street which would not have occurred had such work not been done or said encroachment not been constructed therein. 13. Liability for Damages. Grantees shall defend, 3. 1. 1 2, 31 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 231 24 25 26 27 28 29 30 31 32 indesv4# and hold harmles4 the €: autov from any claims, demands, actions,st law, or judp*nts made or prosecuted by any person or persons for or or. account of any personal injuries or damage to property arising out of or sustained as a result of the camtisn or M intenance of the eaoroacbmsnt permitted under this a Bat, or mbieh may arirL. ac a result of the failure of grantees Lc Perform SPY duty imposed by,.Iaw or may term or ObUggtiou of this agreement. 14, The covenants aid conditions of this agreement shell run truth the real property herd n described and shall be binding cc the heino successors and assigns of grantees. After execution by the ree;pective parties, this agreement shall be rceorded at the office of the County Recorder of Orange County. IN WIT-NESS 6TFIMOF, the parties hereto have executed this agreement as of the day and year first above written. CITY or MWPPORr REEACH nn- BY __ _lQ � � � 7►Or Attests ? Uv� RTURED H, RICE AUDM\Wo STATE OF CALIFORNIA ) as COMI M OF OTAI1 GE 1963 before m� the undersigned, a Notary Public � said L�ounty and titate, personally appeased CHARLES E. PART and MARGERY SCHROUCER, known to era to be the Karr and City Clerk, respectively, of the CITY OF NEWPORT BEACH and to be the persons whose names are subscribed to the within instrument 4. } ii • I ,�44d acknowledged � -%.d they execmte'! C Le w-me on behalf of the City 49. t Beach. 21i 1 = VITASS sty hand and official seal. 3 4 U.64 5!; notary Public La and for j said County and States 6 7 S &Z"- OF CALIFORNIA ) 8 ,s as COUNTY OF O:jjNGE CLA 9 (XI , 1963, before the undersigned, a No Public state, appeared and said County and personally 101 RF�� R, RIM and AifNA-,,y W. RICE, knewn to me to be the persons whose nacres are subscribed to the within instsumment and aa nowm 11 ItII&.d that they e recut -ea the same. 121 k? 'ZID'SS my Rmr'.' and of'ficial seal. ... J�/ 14 Notary Public n f 15 said County and State 16 17 18 19 20 21 22 23 24 25 261 27 28 29 30 31 32 i i 5. 24 4N 611 Ile, T511 1 I In O 2� OCZ-41V =1 C-2 ti a l THS:' 4/19 63 (7) 1 I, 2 4 5 6 7 8 9 10 11 12 13 14 151 161 17 18 19 20 21 22 23 24 25 26 27, 281 29 30 31 321 • THIS A ,', made and entered into this � day of 6�Fl Ni I 1963, BY AND BETA= THE CITY OF NEWPOT ice, a muaLcipal corporatiaa herein- after referred to as AGrantor ", AND RICHARD H. RICE sad AUMMY W. RICE, and their heirs succes- sors or assigns her"tter referred to as "Grantees". REC - . S A. Grantees are the owners of certain real properties In the City of Newport Beach, county of orange, State of which properties are hereinafter referred to as Parcels I and II, and described as follows: PARCEL I: Lots 12, 13, 140 15 and 16 in Block 10 of Balboa Tract, as gee map recorded in Book 4s pp�t11, of Miscellaneous Maps, records of said County. PARCEL M That portion of Block D, Balboa Tract, as per sap recorded in Book 4, page 11 of Miacel- Lassoes naps, records of said County, described as follows: Commencing at the =oat Easterly corner of said Block Do thence Southwesterly along the South- easterly line of said Block D. and its Southwesterly pprolongation, to an intersection with a line lying Southwesterly of, parallel to, and distant 55.00 feet, measured at right angles from the Northeasterly line of said Block D. thence Northwesterly aloug.sa d Parallel line a distance of 133000 feet mare or less, to an intersection with the Southwesterly prolongations of the Northwesterly line of Lot 12, Bloch 10 of said Balboa Tract, thence Northeasterly along said South- westerly prolongation to an intersection with the aforenehtioned Northeasterly line of Block A, thence Southeasterly along said Northeasterly line a distance of 135.01 feet, more or less, to the point of beginning. B. Parcel I is adjacent to and abuts ocean Front, a dedicated public street, hereinafter referred to as Parcel III, on the north side, and Parcel II is adjacent to and abuts said Parcel III on the south side. C. Richard H. nice and Audrey W. Rica desire and wish a permit to construct and maintain a crossing across Parcel III, i 2 3' 4 5 6j 711 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25I 26 27 28 29 30 31 32 11 1 ,l Obareby connecting parcel I and Parcel ill as shame an sketch m4rk d behibit "A" attached bareto, and by this reference Imacpor- atod hft%iu. NOV9 THMU FORE, the City Council of the City of Newport Beach hereby permits grantees to construct, operate and maintain a crossing which encroaches over. Parcel lilt subject to the following terms and conditions: 1. notation. This permit is revocable by Grantor upon ninety (gp) days' written v atiee to grantees or their successors In interesto 2. No Preeadeent Established. This pesmlt is granted with the understanding that this action is not to be considered as astablishing any precedent on the question of the expediency of permitting any certain kind of encroachment to be erected within right of tray of City streets. 3. Manner of Construction. Grantees agree that the crossing, authorized will be constructed to provide the clearances shown an Exhibit "A" and in accordance with plans and specifica- tions approved by the City Council. After approval of the plans and specifications has been obtained, no deviations from said plans and specifications will be permitted without prior approval of the City Council. 4. Notice Prior to Starting Work. Before commencing work on said crossing, grantees shall notify the Public Works Director and the Building and Safety Director of the City in writing three (3) days prior to the date work is to begin. S. Protection of Traffic. Grantees agree to make ade- quate provision for the safety and protection of the public. Barricades shall be placed with rod lights at night as may be required while the work is in progress. Grantees furthar agree to take such additional measures in the interest of public safety as may be requested by the City Manager or his authorised representat 2. . 1 6. storage of ratariai9 xo material shall be stoned i 2 on the street right of *say. 3 7. Duty to Clean, V2 Riot of Wer. upon empletion of 4 the 'rk, all materials and debris shall be reemowd; the right of 5i my shall be left in a clean asndt,tionp all decage to public 6 prop" shall be repaired. 71 8. Supervision of Work. All oonstructiea work $Mall g be done subject to the supervision of, and to the satisfaction of, 9 the grantor. 10 9. Attornoy's Fee. If it becomes neesssary for grantm 11 to bring a legal action to enforce any tam or condition of this 12 agreement, grantees agree to pay grantor s reasonable attorney's 13 fee to be fixed by the court. 14 14. fture Koval of Eucroachmant. It is agreed by 15 grantees that, within ninety (90) days after written notice from 16 the grantor, grantees will cause to be removed all amstructioa 17 from the street right of way at the sole expense of grantees and 18 that grantees will restore the street right of way to its original 19 condition. 20 11. Care of Arsinase. If the work herein described 21 shall interfere with the established dugs, grantees shall take 22 such corrective measures as may be deemed necessary by grantor. 23 12. Maintenance. Grantees agree by the acceptance of 24 this permit to exercise reasonable care to weintain properly the 25 encroachment herein authorized and to exercise reasonable care in 26 inspecting for and imrnediately rewiring and making good any injury 27 to any portion of the street which occurs as a result of the gala• 28 tenance of said encroachment in the street or as a result of the 29 work done under this permit, including any and all injury to the 3o street Which would not have occurred had such work not been done or 31 said encroachment not been constructed therein. 32 13. LiabiliU. for AlMes. Grantees shall defend, 30 i 11 2'! 1.1 91 10 11 12 13 14 15 16 17 18 19I 20 21 22 23 24 251 26i 27 281 29 30 31 321 • • indemify and hold I:aiia'iess the Ear -far from any claims, desmwda, adtions at lair, or judgmats trade or prosecuted by Say pers r or peraoas for or on account of any personal injuries or 48 ge to property arising out of or sustained as a result of the creation or maintmuume of the encroachmawt permitted wide: this agrewmAt, or *4deb MY arise as a result of the failure of grantees to perm any duty imposed by law or any tom or obligist'jou of this Rgreemeat. 14. The covenants and conditions of this agreement shall run with the real property herein described and shall be binding on the heirs, successors end assigns of ;grantees. After execution by the respective parties,, this z&reement shall be recorded at the Office of the County Recorder of Orange Couraty, IN W11YESS WHEREOF, the parties hereto have executed this Sgrae=nt as of the day and year first above written. CITY OF T BUC11 L By . e./-Y rAW"_ ._ _ _ Attest:: `A, G. AUDM W, RICH GPAMMS STATE OF MLIFOUNIA ) 2 ss Cx"JIvTY OF O1'J -NCE ? 1b, 0'r ` 1963, before me, the urdersigned, s Notary public said County and State, personally appeared CMI L,rES E. BART and )ORGERY 9CHROUDER, known to me to be the yerr and City Clerk, respectively, of the CITr OF wrjMT BBACH and to be the persons =chose nazis are subscribeu to the within instrument 4. j I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 221 231 24 25 26 27 28I29 30 31 32 I • • and +011aowledged that they eseru4.:. I tKe acme an behalf of the City Of Newport Hach. WITHU6 my band and official seal. r,vtsry Public in rnd for said County and State STATE OF CALIFORIra$- as COUNTY Or ORANGE On Agr 1963, before me the undersigned, a Notary Public inn anT -rOr said County and hatep persoaally appeased RICHAw) R. RICE and AIM, W. RICE, Uno n to me tc, be the ggersons VIM" names are subscribed to the within instrument and achna�w ledged that they executed the same. WIT11TESS my hand and official seal. 5. Notary Public in and for said County and State P bw nl n. C)t � OCZ-41V A;(-OA1T O S3 `a� I 0' ofiQs ti O 4. It. 4- -4- ti fi ®. lz ti fi ®. THS:ch 4/22/63 RESOLUTION NO. �(ej A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH RICHARD H. RICE AND AUDREY W. RICE PERMITTING THE CONSTRUCTION AND MAINTENANCE OF A CROSSING WHICH ENCROACHES OVER OCEAN FRONT, A DEDICATED PUBLIC STREET WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain agreement between the City of Newport Beach and Richard H. Rice and Audrey W. Rice permitting the construction and maintenance of a crossing which encroaches over Ocean Front, a dedicated public street; and WHEREAS, the City Council has considered the terms and conditions of said agreement and found them to be reasonable and consistent with the public interest; NOW, THEREFORE, BE IT RESOLVED that said agreement be and hereby is approved and the Mayor and City Clerk are authorized and directed to execute the same on behalf of the City ADOPTED this R-Z day of April, 196.3 o L ATTEST: &G p 17'1/ /4 Mayor ul y Clerk