Loading...
HomeMy WebLinkAboutC-4900 - Encroachment Agreement (for 2400 West Coast Highway)RECORDING REQUESTED AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92659-1768 Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder 1111111111111111111111111111111111111111 25.00 19960097836 10 ; 44am 02/29/96 Po��a 005 10004869 10 27 Al2 7 7.00 18.00 0.00 0.00 0.00 0.00 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT THIS AGREEMENT is made and entered into this AIR 12 A1996 CITY CIERK NO (A, C BENCH f�. day of , 1996, by and between Jack Shrimp Newport ,Inc. (DBA Jack Shrirtfp) (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 ITNESSET H: WHEREAS, OWNER desires to construct certain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within a portion of a twelve (12) irrevocable offer of dedication, to the City of Newport Beach and its successor or assign, for street and highway purposes, of its leasehold interest in the southerly twelve (12) feet of a portion of Lot A, Tract 919,(hereinafter "IRREVOCABLE OFFER OF DEDICATION"), as shown on a map recorded in Book 29, Pages 31 to 34 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; also known as 2400 West Coast Highway, 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 the Irrevocable Offer of Dedication; and rf 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 wooden patio cover (roof)and appurtenances 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 the Irrevocable Offer of Dedication, 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 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. 4. CITY agrees to postpone the acceptance of the Offer of Dedication until such time as the City or other public agency has programmed funds for the construction of the widening of Coast Highway. If CITY has not accepted the offer of dedication within 2 twenty (20) years from the date of approval of Use Permit No. 3517, the offer shall terminate and CITY shall prepare and record an appropriate document to rescind the dedication. 5. Rights granted under this Agreement may be terminated by the CITY once funds have been programmed for the widening of West Coast Highway and all PERMITTED IMPROVEMENTS must be removed upon 60 days written notice, specifying in said notice the date termination. CITY shall incur no liability whatsoever in the event of the termination of this Agreement, or subsequent removal of improvements by CITY. 6. Both parties agree that this irrevocable offer of dedication shall automatically be modified without a written amendment signed by OWNER and CITY, so as to be consistent with any ordinance, resolution or policy adopted by the CITY Council subsequent to the date of this offer, that pertains to the dedication of property in conjunction with the issuance of Use Permits and/or approval of Parcel Maps adjacent to the north side of West Coast Highway between Rocky Point and Dover Drive, the effect of said ordinance, resolution or policy would not increase the required roadway dedication. 7. 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 IRREVOCABLE OFFER OF DEDICATION 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. 3 8. 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. 9. 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 OF NEWPORT BEACH, a Municipal corporation By: OWNER: JACKSHRIMP NEWPORT INC. City Clerk. JOHN S. Jasper, President 4 STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ' , 1996, personal appeared > / % //I �,��L5 ptrsonaily known to me (or proved to me on the basil of satisfactory evidence) to bscribe the within instrument a . acknowledged to me at is/her/ hey xecuted the -.me in his/hey their authorized capacit (i s)nd-"by his/her/ eir signaturn the strument the pers s) r the entity upon .e alf of which e perso s(s) acted, executed-'nstrument. be the person(s) whose nam WITNESS my hand and official seal. Notary Public in afor said State F:\WP51\GILBERT\AG\JACK.95 Shauna Lyn OYler U Comm #1002681 , +r;ff i NOTARY PUBLIC CAUFORNI C , ORANGE COUNTY Comm Expires Aug 22, 1997 -' yltr (This area for official notarial seal) 6 kN) i5 giY5W 311b GoL F[1,1ck 1-a wN( E Lev MATC){ E‘ x51't, coo? St-li 4 c'e4L r G. 1 *> Eck.. O CO EX 1 S-r * 2t' ' EXH/B/T 'A" CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �"1llllll1.././��l�1.,/1✓J!1Jlll�lll�"1111_/1�lll/1J✓l../�./ll✓.1111�1./.lJ./lll./�^l./lln State of County of On �a CAL11=0R(At f� v (1- /$ \-) GO' Lln41,>A, 9S Ddte personally appeared before me, kti— jvI kn. . " 1 • Name and Title of Officer (e.g., "Jane Doe, Notary Public") Name(s) of Signer(s) personally 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 he/she/they 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 person(s) acted, executed the instrument. GRETA H. SIMON COMM.* 1030600 Notary Public — CoNtornia ORANGE COUNTY t'ily Comm. ExpiresJliN 19. 1998 WITNESS my hand and official seal. AWL - Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: -M c cZ \-1 \mil c Document Date: Jl\ N v A 1. ' t alW f,' Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual E Corporate Officer Title(s): P 0 4 cl ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: A G�.l.t�� Number of Pages: RIGHT THUI OF SIG PRINT R Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact D Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUI OF SIG PRINT R Top of thumb here / u- 1/lll/.i"/ll./lj� © 1994 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827