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Home My WebLink AboutC-2475 - Encroachment Agreement (for 910 South Bayfront)RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: r City Clerk / ? City of Newpb'rt Beach P.O. Box 1768 3300 Newport Boulevard Newport Beach, CA 92658-8915 NO CONSIDERATION EXEMPT RECORDING REQUEST Pr.rt 88--364350 GOVERNMENT CODE 6103 EXEMPT Cl1 RECORDED IN OFFiC AL AECO D OF ORANGE COUNTY CALIFORNIA ' -4 00 PM JUL 27 '88 c_ 75.ct_ r sc�.,� couNTY _ RECORDER Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT THIS AGREEMENT is made and entered into this c / day , 1988, by and between Charles B. Lehman, hereinafter refer o as n1WNER," 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"; W ITNESSET H: WHEREAS, OWNER owns a parcel of real property located in the City of Newport Beach, County of Orange, State of California, described as follows: Lot 6, Block 4, Section Two, Balboa Island, as per map filed in Book 6, Page 31 of Miscellaneous Maps, Records of Orange County, California. Said real property is commonly known as 910 South Bayfront, Balboa Island, California; and WHEREAS, OWNER desires to construct certain improvements (hereinafter "non-standard improvements"), within the right-of-way of South Bayfront, hereinafter "EASEMENT;" and WHEREAS, said non-standard improvements may interfere with CITY's ability to construct, operate, maintain, and replace CITY facilities within said EASEMENT; and WHEREAS, CITY desires to condition approval of said non-standard 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 construct said non-standard improvements; NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree as follows: 1 of 4 88-364350 NOW, THEREFO,._, in consideration of the mutua. promises, the parties hereto agree as follows: 1. It is mutually agreed that "non-standard improvements" shall be defined as a curb adjacent to the edge of the existing public sidewalk; a planter area adjacent to the curb; a raised brick patio deck no higher than 10 inches above the existing public sidewalk, said raised patio deck to encroach no more than a maximum of 42 inches into said EASEMENT but not closer than 18 inches to the edge of the existing public sidewalk; and a wrought iron fence on top of the raised brick patio deck, but no more than 35 inches in height measured from the top of the existing public sidewalk. 2. CITY will allow OWNER to construct, reconstruct, install, maintain, use, operate, repair and replace said non-standard improvements and all facilities and appurtenance necessary and incidental thereto, over CITY's facilities, all in substantial conformance with plans and specifications therefor 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 may construct and install non-standard improvements and all facilities and appurtenances necessary and incidental thereto, substantially as described in Section 1 above. Trees or other deep root growths are specifically excluded from the definition of non-standard improvements and shall not be planted in or on the EASEMENTS under any circumstances whatsoever. b. OWNER shall maintain the aforesaid non-standard improvements and facilities 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 required OWNER to maintain, replace or repair any CITY -owned pipeline, conduit or cable located in or under said non-standard improvements. c. That should CITY be required to enter onto said EASEMENTS owned by CITY to exercise its primary rights associated with said EASEMENTS, including, but not limited to, the maintenance, removal, repair, renewal, replacement or enlargement of the existing or future facilities, CITY may remove portions of the non-standard improvements, as required, and in such event: 2 of 4 88» 3643 (i) CITY shall notify OWNER of its intention to accomplish such work, if an emergency situation does not exist. (ii) OWNER shall be responsible for arranging for any renewal or restoration of the non-standard improvements affected by such work by CITY; (iii) CITY agrees to bear the portion of the costs of any removal of the non-standard improvements. (iv) OWNER agrees to pay all costs for renewal or restoration of the non-standard improvements. d. OWNER agrees to indemnify and hold harmless, City, its Council, Boards and Commissions, officers, agents, and employees, from any and all demands, claims, losses, liability costs and expenses whatsoever including reasonable attorneys' fees, on account of injury or damage to persons or property suffered or claimed to be suffered as a result of the construction, use, maintenance or renewal of the non-standard improvements. 4. OWNER agrees that this Agreement shall remain in full force and effect from execution thereof; shall run with the land; shall be binding upon their heirs, successors, and assigns of OWNER'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. APPROVED AS TO FORM: City Attorney ATTEST: 8L2</-tf./eK.9 —.9 City Clerk STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE OWNER ' // % ! ./) y� Charles B. B. Lehman On 1-- , 198 '-before me, the dersi gned a N ary Public in and for tK. State, personally appeared C— x known me to be the Mayor o ,,; the City of N port Beach and .�- r i ;�►�� , , , known to me to be the City Clerk of the City of -Newport Beach, known001 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. Cd-:64A. 4 OFFICIAL SEAL DOROTHY L. PALEN M iT NOTARY PUBLIC - CALIFORNIA f ;) PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Exp. Apr, 5, 1989 Notary Public in d for said State 3 of 4 88-36450 STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On July 12, , 1988, before me, Marilyn C Ritter , a Notary Public in and for said State, personally appeared Charles B Lehman , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person that executed this instrument, and acknowledged to me that he/she executed the same. My commission expires 8-30-88 OFFICIAL SEAL MARILYN C RITTER NOTARY PUBLIC - CAUFORNIA ORANGE COUNTY My comm. expires AUG 30, 1988 Witness my hand and official seal: •C2 P�2u��ic in and fo r or said State ******************************************************************************* 4 of 4