HomeMy WebLinkAboutC-4310 - Encroachment Agreement (for 700 West Coast Highway)Wtutve� 11
88-378555.
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk f f ? ' In;
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92658-8915
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€ IMPT RECORDING REQUEST PER
GD ERNMEN 4 CODE 6103
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RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY CALIFORNIA
-1 is PM AUG 3 '88
COUNTY
RECORDER
4
RECEIVED
JULta!1r 28 1981
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ENCROACHMENT AGREEMENT
THIS AGREEMENT is made and entered into this
day of
, 1988, by and between McDONALD'S CORPORATION d/b/a A Delaware
One McDonald's Plaza, Oak Brook,
cDonal s Corporation, whose address is/88440-Carr1-e-D"r4ve3-Ski-ite--300T-Saxe
Illinois 60521
Drege7-E-a4i#erfti-a-924-2-3, hereinafter referred to as "McDONALD'S," and the CITY
OF NEWPORT BEACH, a municipal corporation, organized and existing under .:nd
virtue of its Charter and the Constitution and the laws of the Staf:eo
California, hereinafter referred to as "CITY";
WITNESSET H:
WHEREAS, McDONALD'S desires to construct certain "non-standa
ments" (hereafter referred to as "improvements") within a 12-foot-wide CITY
easement for street and highway purposes (hereafter "EASEMENT") crossing Lots
18-23 of Tract 1210 as said lot is shown on a map filed in Book 41, Pages 45 and
also known as
46 of Miscellaneous Maps, Records of Orange
County,
California;
700 West Coast Highway, Newport Beach, California;
WHEREAS, CITY's Circulation Element of the General Plan provides for
West Coast Highway to be widened by twelve (12) feet on the inland side across
the frontage of the McDONALD'S property; and
WHEREAS, CITY and/or State of California does not anticipate that said
widening will occur prior to March 1, 1993; and
WHEREAS, said improvements will interfere with CITY's and/or State of
California's ability to widen West Coast Highway by twelve (12) feet and
construct, operate, maintain, and replace CITY facilities within EASEMENT; and
WHEREAS, CITY desires to condition approval of construction of said
improvements within EASEMENT; and
WHEREAS, the parties hereto desire to execute an agreement providing
for fulfillment of the conditions required by CITY to permit McDONALD'S to
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construct and utilize said improvements until such time as CITY and/or State of
California widens West Coast Highway into the EASEMENT area;
NOW, THEREFORE, in consideration of the mutual promises, the parties
hereto agree as follows:
1. It is mutually agreed that "improvements" shall be defined as
curbs, planters, railing and pavement within the EASEMENT as shown on Exhibit
"A"; and any additional landscaping or improvements other than ground cover or
standard concrete patio or walk flatwork.
2. CITY will allow McDONALD'S to construct, reconstruct, install,
maintain, use, operate, repair and replace said improvements and all facilities
and appurtenances necessary and incidental thereto, over CITY's EASEMENT, all in
substantial conformance with plans and specifictions therefor on file in the
CITY. CITY will further allow McDONALD'S to take all reasonable measures
necessary or convenient in accomplishing the aforesaid activities.
3. McDONALD'S and CITY further agree as follows:
a. McDONALD'S may construct and install improvements and all faci-
lities and appurtenances necessary and incidental thereto, in substantial con-
formance with plans and specifications therefor on file in the CITY's Public
Works Department, and as described on Exhibit "A" hereto attached.
b. McDONALD'S shall maintain the aforesaid improvements and faci-
lities in accordance with general prevailing standards of maintenance, and pay
all costs and expenses incurred in doing so.
c. That should CITY be required to enter onto said EASEMENT owned
by CITY to exercise its primary rights associated with said EASEMENT, to
construct street and highway improvements, CITY may remove portions of the
improvements, as required, and in such event:
(i) CITY shall give McDONALD'S six (6) months' notice of its
intention to accomplish such work.
(ii) McDONALD'S shall be responsible for arranging for any re-
model, renewal or restoration of restaurant and parking lot affected by such
work by CITY;
(iii) CITY agrees to bear the costs of any removal of the non -
improvements within EASEMENT.
(iv) CITY agrees to pay a pro rata share of the initial
construction costs for restaurant remodeling and parking lot modifications if
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CITY utilizes EASEMENT prior to March 1, 1993. The prorated cost shall be based
on initial construction costs of $150,000. The CITY's total costs for complete
removal of all improvements shall be $150,000 for removal from execution of
this Agreement until March 1, 1989; $120,000 for removal from March 2, 1989,
to March 1, 1990; $90,000 for removal from March 2, 1990 to March 1, 1991;
$60,000 for removal from March 2, 1991 to March 1, 1992; and $30,000 for remo-
val from March 2, 1992 to March 1, 1993, and nothing thereafter.
d. McDONALD's shall have the right to utilize the dedicated prop-
erty until receipt of Noitice of Intent to accomplish such work under Paragraph
No. 3 C (i) from City or State.
e. McDONALD'S shall indemnify and hold harmless CITY, its City
Council, boards and commissions, officers and employees from and against any
and all loss, damages, liability, claims, suits, costs and expenses whatsoever,
including reasonable attorneys' fees, regardless of the merit or outcome of any
such claim or suit arising from or in any manner connected to the construction,
use, maintenance or renewal of the non-standard improvements.
4. McDONALD'S agrees that this Agreement shall remain in full force
and effect from execution thereof; shall run with the land; shall be binding
upon the heirs, successors, and assigns of McDONALD'S interest in the land
whether fee or otherwise, and shall be recorded in the Office of the County
Recorder of Orange County, California.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed on the day and year first above written.
PROVED AS TO FORM:
(91
City Attorney
CITY •• PO' B�
a MuC$rpo'
By
cDONALD' S Corporation d/b/a Delaware
McDot:ald's Corporation
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stant Secret
McDONALD'S
(ACKNOWLEDGMENT)
STATE OF ILLINOIS
COUNTY OF DuPAGE SS:
I, Sandra Bieschke , a Notary Public in and for the county and
state aforesaid, DO HEREBY CERTIFY that Seymour Greenman, Vice -President, and
Michael J. Sise, Assistant Secretary of McDonald's Corporation, a Delaware
corporation, who are personally known to me to be the same persons whose names
are subscribed to the foregoing instrument as such Vice -President and
Assistant Secretary, respectively, appeared before me this day in person and
acknowledged that they signed, sealed and delivered the said instrument as
their free and voluntary act as such Vice -President and Assistant Secretary,
respectively, and as the free and voluntary act of said corporation for the
uses and purposes therein set forth.
Given under my hand and notarial seal, this 21st day of April
19 88.
My commission expires
STATE OF
COUNTY OF
pi
May 30, 1989
Notary Pub is
Spa 42R StESCHK
010'rAg `e!;Lir n'o;w e.OF !Li lMO'S
(ACKNOWLEDGMENT - INDIVIDUAL ) "f co .` Exp. '-4? v au9&9
SS:
I, , a Notary Public in and for the county and
state aforesaid, DO HEREBY CERTIFY that and
of who (is)(are) per-
sonally known to me to be the same person(s) whose name(s) (is)(are) subscribed
to the foregoing instrument appeared before me this day in person and acknowl-
edged that ( he)(they) signed, sealed and delivered the said instrument as
(h )(their) free and voluntary act for the uses and purposes therein set
forth.
19
Given under my hand and notarial seal, this day of
•
Notary Public
My commission expires
(ACKNOWLEDGMENT - CORPORATE)
STATE OF
COUNTY OF SS:
I, , a Notary Public in and for the county and
state aforesaid, DO HEREBY CERTIFY that , President,
and , Secretary of , a(n)
corporation, who are personally known to me to be the persons
whose names are subscribed to the foregoing instrument as such President and
Secretary, respectively, appeared before me this day in person and acknowledged
that they signed, sealed and delivered the said instrument as their free and
voluntary act as such President and Secretary, respectively, and as the free
and voluntary act of said corporation for the uses and purposes therein set
forth.
19
Given under my hand and notarial seal, this day of
•
My commission expires
Notary Public
McD-ACK-GS-9/85
7251J
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On , 198 , before me, the undersigned, a Notary
Public in and for the State, personally appeared
, known to me to be the Mayor of the City of 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.
WITNESS my hand and official seal.
Notary Public in and for said State
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
On , 1986, before me, the undersigned, a Notary
Public in and for said State, personally appeared
and , personally known to me (or proved
to me on the basis of satisfactory evidence) to be the
and the , respectively, of
the corporation that executed the within instrument and known to me (or proved
to me on the basis of satisfactory evidence) to be the persons who executed
the within instrument on behalf of said corporation and acknowledged to me
that such corporation executed the same.
WITNESS my hand and official seal:
Notary Public in and for said State
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