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Home My WebLink AboutC-4606(A) - Encroachment Agreement (2209 Pacific Drive)90-238894 5 � RECORDING REQUESTED AND WHEN RECORDED RETURN TO: City Clerk/II' ? t City of Newprt Beach Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92659-1768 C12 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA -H2Q AM MAY 7'90 a•c-61444d,RECORDER Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT THIS AGREEMENT is made and entered into this 11 day of April , 1990, by and between SANWA BANK, CA, TRUSTEE FOR AL AND SHELIA ROSS IRA ACCOUNTS, 2209 Pacific Drive, Corona del Mar, California, (hereinafter "OWNERS"), and the City of Newport Beach, California, a municipal corporation organized and exiting under and by virtue of its Charter and the Constitution laws of the State of California, (hereinafter "CITY"); W I T N E S S E T H: MAY 17 i990 CITY j;_rRK CITY GF NFiMRI +'EACH WHEREAS, OWNERS desire to construct certain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within the Pacific Drive public right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to a portion of Block "D", Corona del Mar Tract as shown on a map recorded in Book 3, Pages 41 and 42 of • Miscellaneous Maps in the office of the County Recorder of Orange County, California; also known as 2209 Pacific Drive, Corona del Mar, 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 entrance stairs, the supporting retaining walls with an approximate height of 10' and area drains within the EASEMENT as shown on EXHIBIT "A" attached hereto. 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. It is mutually understood that the rights granted herein are non-exclusive, and the public is not to be excluded from any portion of said RIGHT-OF-WAY. b. OWNERS 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. c. 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 OWNERS to maintain, replace or repair any CITY -owned pipeline, conduit or cable located in or under said PERMITTED IMPROVEMENTS, except as otherwise provided herein. d. 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. e. 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 2 removal of the PEKAITTED IMPROVEMENTS affecte, 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 (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: City Attney ATTEST: CITY OF NEWPORT BEACH, a Municipal corporation By: Mar OWNER: Sanwa Bank California, Trustee for Al and Sheil Ross IRA Accounts By: Ka en Ambrose -Assistant Vice President 3 STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE On , 1990, before me, the undersigned, a Notary Public inland for the State, personally appeared Ruthelyn Plummer , 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. 7 mv_hand, end official IAL SEAL SHAM A LYN OYLER NOTARY PUBLIC • CALfORNUA ORANGE COUNTY *Comm. EnsWes Jan. 16.1993 STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE Notary Public in anal for said State On , 1990, before me, the undersigned, a Notary Public in and for the State, personally appeared , 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. Notary Public in and for said State STATE OF CALIFORNIA SS. COUNTY OF LOS ANGELES On this 13th day of April, 1990, before me S Boranian, the undersigned Notary Public, personally appeared KAREN AMBROSE, personally known to me to be the person who executed the within instrument as Assistant Vice President on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. S Boranian OFFICIAL SEAL S BORANIAN NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY My Commission Exp. Sept. 22, 1992 4 W /06. (1 ESSI, y No. 22504 Exp. MEd? * gj£OfV` CA U��`� 41Q/ir..e� CATCf/. ems/ M/C'N19EL A. N/CNOL S .P.C'. E.22504 PREPARED BY: LANCO ENGINEERING 1010 CRENSHAW BOULEVARD SUITE 200 TORRANCE. CALF 90501 (213) 5,33.4955 11 �� TP .4c L� 1 E S/TE AOOAPESS.• 2209 Pl1C/F/C O.WE CD.PON.4 .OEL 41.1A9, C,4!/f. 4rx,c i?" P" ;9