HomeMy WebLinkAboutC-4591 - Encroachment Agreement (for 2800 West Coast Highway)c
EXEMPT RECORD= REQUEST PL.
CeNSIDERATO GOVERNMENT CODE 6103
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
CITY CLERK /-t; -paz
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, CA 92663
88-449446
EXEMPT
C8
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY CALIFORNIA
-3 0o PM SEP 7'88
RECORDER
(Space above this line for Recorder's Use Only).
ENCROACHMENT AGREEMENT
THIS AGREEMENT is made and entered into this 0Lday of
August, 1988, by and between YU-TER MAU and WEI-TZAN MAU, doing
business as the CHINA PALACE, at 2800 West Coast Highway, Newport
Beach, California, hereinafter referred to as "LESSEE," 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";
WHEREAS, LESSEE owns and operates a Chinese restaurant
known as the CHINA PALACE at 2800 West Coast Highway; and
WHEREAS, in 1984, the City of Newport Beach approved a
Conditional Use Permit authorizing construction of the restaurant
and imposed a condition that required LESSEE to dedicate, to the
extent of their leasehold interest, approximately eighteen (18')
feet on the southerly side of the property and adjacent to Pacific
Coast Highway for street widening purposes; and
WHEREAS, OWNER is desirous of installing a sign ,in7liat7�
portion of the property dedicated to to CITY for street,,purpes;�`
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and
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88--449446
WHEREAS, the CITY desires to permit installation of the
sign subject to LESSEE's commitment to remove the sign, at their
sole cost and expense, prior to commencement of construction of
any public improvements which will require removal of the sign.
NOW, THEREFORE, in consideration of mutual promises the
parties agree as follows:
1. The CITY hereby grants permission to LESSEE to
install the sign shown on Exhibit "A" at the location shown on
Exhibit
"B. "
Installation of the sign shall be in accordance with
the permit issued by the Building Department of the City of
Newport Beach, and LESSEE shall maintain the sign in good
condition and repair.
2. LESSEE agrees to remove the sign within thirty (30)
days after written notice that the City of Newport Beach intends
to utilize that portion of the property on which the sign is
installed for street or other public purposes. The CITY shall not
send such notice to LESSEE unless funds for construction of the
improvement have been budgeted, plans for the improvement have
been approved by the City Council and construction is to commence
within sixty (60) days from the date on which notice is given. In
no event shall LESSEE be required to remove the sign prior to the
time that other similarly situated property owners are required to
remove encroachments within City right-of-way.
88-449446
3. In the event LESSEE is required to remove the sign
pursuant to this Agreement within five (5) years, CITY shall
reasonably cooperate with LESSEE in efforts to relocate the sign
on the property in a manner consistent with City ordinances and
policies.
4. This Agreement shall remain in full force and effect
from the date of execution, shall run with the land, shall be
binding upon the heirs, successors, and assigns of LESSEE°s
interest in the land, whether fee or otherwise, and shall be
recorded in the Office of the County Recorder of the County of
Orange, State of California.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed on the day and year first above written.
CITY Cp-.NEWPORT BEACH
a Municipal Corporation
BY:
City Manager
AP 2 ROVED AS TO FORM:
ity Attorney
bd-449446
OWNER/LESSEE
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On August 3kJ, 1988, before me, the undersigned, a Notary Public in
and for said State, personally appeared ROBERT L. WYNN, known to
me to be the City Manager of the City of Newport Beach and WANDA
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 seal.
OFFICIAL SEAL
MAUREEN L HUFFMAN
NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
My comm. expires NOV 3, 1989
STATE OF CALIFORNIA
COUNTY OF ORANGE
)
)
)
ss.
Notary Public in and for raid State
On August3jf , 1988, before me, the undersigned, a Notary Public in
and for said State, personally appeared YU-TER MAU and WEI-TZAN
MAU, known to me (or proved to me on the basis of satisfactory
evidence) to be the persons whose names are subscribed to the
within instrument and acknowledged to me that they executed the
slme.
WITNESS my hand and official seal.
OFFICIAL SEAL
MAUREEN L HUFFMAN
NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
My comm. expires NOV 3, 1989
Notary Public in and fob maid State
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444.
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887449446 \
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