HomeMy WebLinkAboutC-2720 - Encroachment Agreement (for 2692 Bayshore Drive)€�
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(mil WHEN RECORDED RETURN TO:
() City Clerk of iit -t, ,114erriAtVi
City of Newport Beach Gary I 6j7.1nv iP. _iErk-1=i_P.rciPr
Post Office Box 1768 r.n-3e 1 t, i 6 gee;: 1 C.v0
3300 Newport Boulevard ?ti;;=
Newport Beach, CA 92659-1768
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
THIS AGREEMENT is made and entered into this 1 y day of
�.,� d—! 1995, by and between J.A.W. Family Trust dated August 26,
`i994, Michael J. Hoppe Jr. Trustee (hereinafter "OWNER"), and the City
of Newport Beach, California, a municipal corporation organized and
existing under and by virtue of its Charter and the Const
the laws of the State of California, (hereinafter "CITY
WITNESSET H:
WHEREAS, OWNER desires to construct certain non-st
improvements (hereinafter "PERMITTED IMPROVEMENTS") within
Bayshore Drive Utility Easement (hereinafter "EASEMENT") that
located adjacent to a portion of Lot 171, Block 54, of Irvine
Subdivision, as shown on a map recorded in Book 1, Page 88 inclusively
of Miscellaneous Record Maps in the office of the County Recorder of
Orange County, California; also known as 2692 Bayshore Drive, Newport
Beach, California; and
is
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 EASEMENT; and
WHEREAS; the parties hereto desire to execute an agreement
providing for fulfillment of the conditions required by CITY to permit
OWNER to reconstruct and maintain said PERMITTED IMPROVEMENTS;
NOW, THEREFORE, in consideration of the mutual promises, the
parties hereto agree as follows:
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1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be
defined as decorative stone pavers at grade and raised 18" high
planter with stone veneer fence and appurtenances in the Bayshore
Drive EASEMENT as shown on EXHIBIT "A" attached hereto and as approved
by the City Engineer.
2. CITY will permit OWNER to construct, reconstruct, install,
maintain, use, operate, repair and replace said PERMITTED IMPROVEMENTS
and appurtenances incidental thereto, within a portion of EASEMENT,
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. Rights granted under this Agreement may be terminated by CITY
at any time by giving 60 days' notice, specifying in said notice the
date of termination. CITY shall incur no liability whatsoever in the
event of the termination of this Agreement, or subsequent removal of
improvements by CITY.
4. OWNER and CITY further agree as follows:
a. OWNER 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.
b. 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.
c. 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.
d. That should CITY be required to enter onto said
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EASEMENT to exercise its primary rights associated with said EASEMENT,
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 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.
5. In the event either party breaches any material provision of
this Agreement, the other party at its option may, in addition to the
other legal remedies available to it, terminate this Agreement, and,
in the event the breaching party is OWNER, CITY may enter upon the
RIGHT-OF-WAY and remove all or part of the improvements installed by
OWNER. Termination because of breach shall be upon a minimum of ten
(10) days' notice, with the notice specifying the date of termination.
In the event of litigation commenced with respect to any term of
condition of this Agreement, the prevailing party shall be entitled to
reasonable attorneys fees and costs incurred.
6. 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.
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7. 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 Attorney
City Cler
CITY OF NEWPORT BEACH,
a Municipal corporation
By: ,\X)i4
OWNERS:
Mayor
4
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE
On January 31
personally appeared
, personally known to me
evidence) to be the person(-5-) whose name(e-) is/arc subscribed to the
within instrument and acknowledged to me that he/chc/trey hic executed
the same in his/hcr-/thcir authorized capacity(.-er-), and that by
his/her signature (-s-3 on the instrument the person (-e-) or the
entity upon behalf of which the person acted, executed the instrument.
, 1995, before me,
Michael J. Hoppe, Jr.
Kathleen A. Allen
Notary P-blic in and for said State
(This area for official notarial seal)
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE
•
OFFICIAL SEAL
='- Kathleen A. Allen
ARY PUBLIC • CALIFORNIA
ORANGE COUNTY
*Comm. Expires Oct 2. 1995
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On 2Vara / 199 before me;, 4r6-0-( 071 447-
personally appeared 2�17 f'1 7.4, S 4'ci µi
d' -�7,-7aec.. g e_i cC% ^/ <(
, personally known to me (or proved t%6 me on the basis of s isfactory
evidence) to be the person whose name aL) is are -,subscribed to the
within instrumentand_acknowledged to me that helshe/ he executed the
same in hisfher(their ,authorized capacities)', and that by
his/her/(heir) signatures on the instrument the person6T.or the
entity upon behalf of which the persons(s)jacted, executed the
instrument.
WITNESS ,hand and o,ff ic}ftl Seal.
i
Notary Public in an for s d State
F:\WP51\AG\BAYSHORE.ENC
giAi Shauna Lyn Oyler •
=��� • Comm #1002681 (3�
"Wsie;g!INOTARV PUBLIC CALWOPINI4"r
ORANGE COUNTY
Comm. Expires Aup 22. 1997 i
.... .. c .-c v .. ..
(This area for official notarial seal)
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