HomeMy WebLinkAboutC-4489 - Encroachment Agreement (for 2525 Ocean Boulevard)90-513183
RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
City Clerk/J
City of Newtort Beach
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659-1768
$13..0O
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RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
0 EC`„/VED 11:30
CT .? 1990 A.i:3 SEP 2 6 1990
CITY n
iiNPo IBA H
Cl. `6e RECORDER
Space above this line for Recorder's use' only.
ENCROACHMENT AGREEMENT
THJS AGREEMENT is made and entered into this / z )day of
, 1990, by and between the CHANNEL REEF COMMUNITY
ASS6C-IATION, 2525 Ocean Boulevard, Corona del Mar, California,
(hereinafter "OWNER"), and the City of Newport Beach, California,
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 "CITY");
W I T N E S S E T H:
WHEREAS, OWNER has constructed certain non-standard
improvements (hereinafter "PERMITTED IMPROVEMENTS") within the
Ocean Boulevard public right-of-way (hereinafter "RIGHT-OF-WAY")
that is located adjacent to a portion of Block "C", 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 2525 Ocean Boulevard,
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; 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 retaining walls, stairs, lighting, railings, gates
and appurtenances within the RIGHT-OF-WAY as shown on EXHIBIT "A"
attached hereto.
2. CITY will allow OWNER to construct, reconstruct,
install, maintain, use, operate, repair and replace said
1
PERMITTED IMPROVEMENTS and appurtenances inciaental 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. 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 OWNER to maintain,
replace or repair any CITY -owned pipeline, conduit or cable
located in or under said PERMITTED IMPROVEMENTS, except as
otherwise provided herein.
b. If City or other public facilities or improvements
are damaged by the installation, maintenance or presence of
PERMITTED IMPROVEMENTS, OWNER shall be responsible for the cost
of repairs.
c. 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,
installation, 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
removal of the PERMITTED IMPROVEMENTS affected 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.
2
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:
ATTEST:
CITY OF NEWPORT BEACH,
a Municipal corporation
By:
City Att� ney Mayo
,!
CHANNEL REEF ASSOCIATION:
By.(,4e/le,w1
By:
kr 404-
3
STATE OF CALIFORNIA
COUNTY OF ORANGE
)
)
)
ss:
/0-- , 1990, before me, the undersigned, a
Notar7 Publ( c in and 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.
WITNESS my hand and official seal.
OFFICIAL SEAL
SHAUNA LYN OYLER
NOTARY PUBLIC - CALIFORNA
ORANGE COUNTY
My Comm. Ex res .:.i. 15. 1:93
vv
STATE OF CALIFORNIA
ss:
COUNTY OF ORANGE
-Notary Public in an e /for saState
On this ZdO day of ,1990, before me,
(-Ztod,f v-(f , personally known me (or proved to me on
the basis of satisfactory evidence) to be the Mee) President
and�As s i st . }—S eetr,-- esee3 of C havAnd -R2--F'-
A cc.-la-Lor , 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. My commission
expires q-\-1Z . Witness my hand and official seal:
,:yam
OFFICIAL SEAL
INGRID D. AKERS
NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
l! MY COMMISSION EXPIRES SEPT. 1. 199?
Notary P sy is in an for said State
4
FOUR LEVEL,
GARAGE 130)LOiNG
FIRST LEVEL ELEY.:' t-10.0
FOURTH LEVEL, ELEV.% 73.0
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