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Home My WebLink AboutC-1085 - Encroachment Agreement (for 2027 Bayside Drive)RECORDING REQUESTED AND WHEN RECORDED RETURN TO: ,+ —ili4Y-1993 '�..` 1.j u ti.i E re' City Clerk City of Newport Beach Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92659-1768 Ul GP dii3E i:?tc{c: {,y, i•. n a i �^ iiv ....._�� L•'v ; lii_ .._._i•i u=S r_ae 1 or u : e_=e ' 17.00 pasr�4/793 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT THIS AGREEMENT is made and entered into this lv day of ndr , 1993, by and between Richard V. Plat (hereinafter "OWNER"), and the City of Newport Beach, California, a municipal corporation organized and existing under and Charter and the Constitution and the laws of California, (hereinafter "CITY"); W ITNESSET H: by virtue of its State of A" RECEIVE° ,JUN 10 1993 the CM CLERK CITY OF NEWPORT BEACH WHEREAS, OWNER desires to construct certain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within the Bayside Drive right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to Lot 11, Tract 2094, as shown on a map recorded in Book 57, Page(s) 50 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; also known as 2027 Bayside Drive, Newport Beach, 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; 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: 1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as a mailbox covered with grouted "Red Mountain" stones with mail slot and lockable door and illuminated with low voltage fluorescent lighting; approximately 48" high, 24" wide, and 20" deep, to be located approximately 2' south of the northerly property line and 6" from the curb face in the Bayside Drive right-of-way as shown on EXHIBIT "A" attached hereto and as approved by the City Engineer. 1 2. CITY will permit OWNER to construct, £econstruct, install, maintain, use, operate, repair and replace said PERMITTED IMPROVEMENTS and appurtenances incidental 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. 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 RIGHT-OF-WAY to exercise its primary rights associated with said RIGHT-OF-WAY, 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; 2 (iv) OWNER agrees to pay all ,:osts 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. 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: (Leda:- 3 CITY OF NEWPORT BEACH, a Municipal corporation By: OWNER: By: Gal/ Richard V. Plat STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE ) me, 3 , 1993, before personally appeared Kevin Murphy personally known to me to be the City Manager of the City of Newport Beach and Wanda E. Ragqio , known to me to be the City Clerk of the City of Newport Beach, known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that his/her/their executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the persons(s) acted, executed the instrument. WITNESS my hand and official seal. Signature L 2 seal) STATE OF CALIFORNIA COUNTY OF ORANGE On (P ) SS: OFFICIAL SEAL DOROTHY L. PALEN NOTARY PUBLIC • CALIFORNIA VANCE COUNTY My Comm. Expires May 25,1993 ��......v....vv (This area for official notarial 1993, before me, -to personally appeared q `2/; A , known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that his/her/their executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the persons(s) acted, executed the instrument. WITNESS my hand and official seal. a' Signature AIN OFFIC • S 'AL DOROTHY 1. PALEN NOTARY PULIC - CALY "4MIA O ANGE COUNTY PyC mi. Eapfes May 25,1993 . (This area for official notaria Viwr se 1) 4 4 N' LY E-- S'LY IL -- A A as t. SEE DETAIL BELOW ' ! 2027 BRYSIDE DRIVE 20" MAIL SLOT LOCKABLE DOOR \ r EX. CURB 2027 1 1 RED MOUNTAINI STONES I I I I I I I I I 1 1 1 't 1 1 1 co N'LY EE 24" LOW VOLTAGE LIGHTING MAIL SLOT 0 IIIIIIIII 24" 1111111111 EX. CURB SIDE VIEW R—R FRONT VIEW B—B DETAIL 6' CITY OF NEWP oORT EER H PUBLIC WORKS DEPARTMENT EXIIIBI T "A" MAILBOX APPROVED PUBLIC WORKS DATE 6 May 1993 SCALE N.T.S. DRAWN GW