HomeMy WebLinkAboutC-1766 - Encroachment Agreement (for 1400 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
Recoraea in the county of orange, California
Gary L. Granville, Clerk/Recorder
erk/Recorder
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Space above this line for Recorder's use only.
Pose
ENCROACHMENT AGREEMENT
THIS AGREEMENT is made and entered into this �S1 day of
1996, by and between LEO ANTHONY MCGUIRE AND MARY MCGUIRE, CO -
TRUSTEES OF THE MCGUIRE FAMILY TRUST dated April 17, 1985, (hereinafter "OWNER"),
TACO BELL CORP., a California corporation, (hereinafter "TACO BELL"), 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");
WITNESSETH:
WHEREAS, OWNER is the owner of the parcel of land described as Parcel 1 of
Newport Beach lot line adjustment 95-1 recorded August 25, 1995 as document No. 95-
0370457 of official records, Orange County, California, in the City of Newport Beach, Orange
County, California, commonly known as 1400 West Coast Highway, hereinafter referred to as
"PROPERTY"; and
WHEREAS, TACO BELL is the tenant under that certain Lease dated February 22,
1993, as amended on August 3, 1994, and August 25, 1995, respectively (collectively referred
to as "Lease") and assigned to OWNERS as of December 14, 1995.
WHEREAS, TACO BELL proposes to develop the PROPERTY within CITY pursuant to
Use Permit No. 3517; and
WHEREAS, the City Council of the City of Newport Beach has approved Use Permit
Number 3517 subject to certain conditions to permit the encroachment of parking landscaping
and irrigation into the required twelve (12') feet of right-of-way dedicated across the front of the
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PROPERTY for street and highway purposes (Condition 23) and to the execution of an
Encroachment Agreement (Condition 24); and
WHEREAS, OWNER has provided an Irrevocable Offer To Dedicate to the CITY for
street and highway purposes along the southerly boundary of PROPERTY (hereinafter
"DEDICATION") to fulfill the requirements of Condition No 23 and provisions of the Newport
Municipal Code (Instrument Number (Ile 2Dq525); and
NOW, THEREFORE, in satisfaction of Condition 24 and in consideration of their mutual
promises, the parties agree as follows:
1. TACO BELL may construct and install PERMITTED IMPROVEMENTS and
incidental appurtenances, within the area described in the Dedication, in substantial
conformance with plans and specifications on file in the CITY's Public Works Department, and
as described on Exhibit "A" hereto attached.
2. TACO BELL shall maintain the PERMITTED IMPROVEMENTS in accordance
with general prevailing standards of maintenance, and pay all costs and expenses incurred in
doing so.
3. A. Rights granted under this Agreement may be terminated by CITY at any
time once funds have been programmed for the widening of West Coast Highway. All
PERMITTED IMPROVEMENTS must be removed by TACO BELL upon 60 days' written 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 the PERMITTED
IMPROVEMENTS.
B. City shall further have the right to terminate this Agreement, or require
Taco Bell to modify the Permitted Improvements at anytime the City Council determines that
Taco Bell, it successors, or assignees has not maintained the Permitted Improvements in
compliance with the terms and conditions of this Agreement.
4. Taco Bell agrees to indemnify, defend, and hold City, its officers, employees,
agents and representatives entirely harmless from and against any and all liabilities, losses,
demands, actions, or claims for damages for injury to or death of any person or for damages to
any property, including but not limited to attorneys' fees, arising out of or in any manner
connected with the use of the design, construction, maintenance or continued existence of the
Permitted Improvements or otherwise caused by any act or omission of Taco Bell or its officers,
directors, employees, agents or representatives, except to the extent caused by the active
negligence or willful misconduct of City, its officers, employees, agents or representatives.
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5. Unless terminated as provided in Paragraph 3 above, OWNER agrees that this
Agreement shall remain in full force and effect for twenty (20) years from the date of approval of
Use Permit No. 3517, shall run with the land; shall be binding upon the heirs, successors, and
assigns of OWNER 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:
City Attorney
CITY OF NEWPORT BEACH,
a Municipal corporation
TACO BELL CORRN—
LAURENCE CEKIUr,
By: Assistant Secretary APR 16 1996
LEO ANTHONY MCGUIRE AND MARY
MCGUIRE, CO -TRUSTEES OF THE
MCGUIRE FAMILY TRUST DATED
APRIL 17, 1985
ATTEST: By:
By: L.V4exe_
ity Clerk
CrF c4 P1ewport-lee.
3
Reviewed by
INGRID AKERS
Date 0Z —cjt{ p 6.
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On March 16, 1996 before me,
Date
Betty Jo Aylward
Notary Public
Personally appeared, Laurence Gerich
Name and Title of signer
personally known to me - OR Q proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity and that
by his signature on the instrument the person, or the entity upon behalf of which the
person acted, executed the instrument.
BETTY JO AYLWARD
*° COMM. # 1007460 z
�� --D, wo Notary Public — California y
FA *'g. ORANGE COUNTY
My Comm. Expires OCT 211, 1997 �� / h
-;.F ' c,Z5ztr + e m1P-`r4PL -rv- S RE OF
Witness my hand and official seal
CAPACITY CLAMED BY SIGNER
• INDIVIDUAL(S)
CORPORATE OFFICER(S)
Assistant Secretary
TITLE
• PARTNER(S)
EJ ATTORNEY -IN -FACT
• TRUSTEE(S)
lJ SUBSCRIBING WITNESS
CI GUARDIAN/CONSERVATOR
10 OTHER
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
TACO BELL CORP„
a California corporation
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate
to unauthorized document.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Document: Encroachment Agreement - Taco Bell #02-0948 - Newport Beach, CA
Number of Pages N/A Date of Document: April 16, 1996
Signer(s) Other Than Named Above N/A
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On , 1996 before me, k. ►6' Notary Public, personally
appear d L elt i o
tuh.e2 riles
� C
❑ personally known to me - OR -SI proved to me on the basis of
satisfactory evidence to be the person(s)
whose names(s)+e/are subscribed to the
within instrument and acknowledged to
me that.cLefe/they executed the same
- in hiiJlieh/their authorized capacitylies),
BEC (421 and that by. s,Nher/their signature(s) on
NOT YMMNNII 2the instrument the person(s), or the
_ ►N entity upon behalf of which the
U
JULY person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
(SIGNATURE OF NOTARY)
--- OPTIONAL SECTION ---
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill
in the data below, doing so may prove invaluable
to persons relying on the document.
❑ INDIVIDUAL
❑ CORPORATE OFFICER(S)
TITLE(S)
❑ PARTNER(S) El LIMITED
❑GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
Though the data requested here is not required by
law, it could prevent fraudulent reattachment of this
form.
OPTIONAL SECTION
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On (1,#0,(/97, 1996, before me, the undersigned, a Notary Public in and
for the State, personally appeared Kevin Murphy, City Manager , known to me -te-laefih ---
Ik m-of-the-.City of -Newport -Beath and---------- -- ----- --- ----known-to-rrie to be -the -City -_— .
•-CIe'i9 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.
Notary Public in aid for saj
0
2
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE )
On ci/ , 1996, before met, (-C l//��--4-f /' C� b '�
, perso ally appeared v...Zd"'P'�,l c _ /i (CT 11'
,personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s)- whose name(.s-- is/dire subscribed to the within instrument and
acknowledged to me that ,-he/she/they exerted the same in hier%their authorized
capacity(Js), and that by hi�/her`/their signature(s) on the instrument the person(s') or the entity
upon behalf of which the person(s)-acted, executed the instrument.
State
^� ` ~ Shauna Lyn Oyler
Comm #1002681
NOTARY PUBLIC CALIFORNIA),
ORANGE COUNTY C)
Comm Expires Aug 22, 1997
WITNESS my hand and official seal
F:\de\ag\tacobell. doc
Shauna Lyn Oyler
Comm #1002681 rr
NOTARY PUBLIC CALIFORNIA'
ORANGE COUNTY C
Comm Expires Aug. 22, 1997
(This area for official notaries seal)
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5' SETBACK AREA
12' IRREVOCABLE OFFER OF DEDICATION AREA
CONSTRUCTION NOTES
lO- CONSTRUCT ASPHALT CONCRETE STATE D.0.1.
PAVEMENT AS SPECIFIED: SPECUICAT10N5
3' A.C. OVER 7' C.A.B. AT PARKING STALLS
3' A.C. OVER 10' C.A.B. AT DRIVE LANES
O CONSTRUCT 6' P.C.C. CURB PER DETAIL SHY. AIC.
CONSTRUCT P.C.C. CURB & GUTTER PER DETAIL SHEET AIC.
BLANK
CONSTRUCT P.C.C. CURB EDGE SIDEWALK PER DETAIL SM. AIC.
CONSTRUCT P.C.C. SIDEWALK PER DETAIL SHT. AIC.
CONSTRUCT P.C.C. RAMP - MAX SLOPE 1:12, PER DETAIL SHT. ATC.
CONSTRUCT P.C.C. DEPRESSED RAMP PER DETAIL SHE. AIC.
CONSTRUCT 6 THK. P.C.C. PAD W/ 6'X6'-/10/10 W.W.Y. (CONSI.
Jr. 12'-0' 0.C.) OVER A' CRUSHED AGG. OR GRAVEL BASE.
CORSE. SINGLE TRASH ENCLO. ON 6" P.C.C. PAD PER DETAIL SHT. MC.
TACO BELL SIGN & FOUNDATION BY SIGN SUPPLIER.
DOUBLE PACED ILLUYWATED DIREC11ONAI SIGN (SIGN FACE AS NOTED)
BY SIGN SUPPLIER. FOUNDATION BY G.C. - PER FON. DETAIL. SHT. AIC.
0
0
0
0
0
0
Ar„
MENU BOARD, SENSOR LOOP d SPEAKER PEDESTAL PER DETAIL BY SIGN
SUPPUER. FOUNDATION BY 0.C. - PER FDN. DETAIL SHT. AIC.
INSTALL 20' HIGH 1000 WATT METAL HAUDC TARO LICHT PER DETAIL SHEET AIC.
INSTALL GUARD POST PER DETAIL SHE. AI C.
INSTALL CONCRETE WHEEL STOP, PER DETAIL SHEET AIC.
PAINT 24- HIGH LETIERS-WHITE.
PAINT TRAFFIC ARROWS-WHITT PER DETAIL SLAT. AIC.
PAINT HANDICAP SYMBOL -WHITE 0H BLUI BACKGROUND.
PAINT 4" WIDE SOLID STRIPE.
LANDSCAPE AREA. SCE SLATS. L1, L2, & L1.
INSTALL TACO BELL FURNISHED CONCRETE TRASH RECEPTACLE.
INSTALL 760 GAL. GREASE TRAP PER DETAIL SHT. A1C.
CONSTRUCT CURB NOSE PER DETAIL SHEET AIC.
INSTALL TIMER LOOP • 11001FIED CURB AT 0.1 WINDOW PER DETAIL SHT_ &IC.
BLANK
B'.ANK
INSTALL HANDICAP PARKING WARNING 510N PER DETAIL SHEET AIC.
INSTALL HANDICAP PARKING SIGN PER DETAIL SHEET AIC.
CONSTRUCT CONCRETE CHANNEL PER DETAIL SHEET AIC.
SAWCUT AND REMOVE EXISTING OFF -Slit UIPROVEVENTS AS REOIARED.
CONSTRUCT A2-6 CURB PER CALTRANS STANDARDS PLAN NO. AIl7
CONSTRUCT P.C.C. SIDEWALK PER CALTRANS STANDARDS 4 ADJUST EXISTLYG
UTILITY BOXES TO GRADE, AS REQUIRED.
CONSTRUCT SO' WOE DRIVEWAY PER CALTRANS STD. PLAN NO. A87
(W=30' VAR=6' X.3')
CONSTRUCT PARKWAY CULVERT PER CITY STD-318-L (5=3'XCASE 11 Wen)
CONSTRUCT REMOVABLE BOLLARD, PER CITY S1D-917-1.
CONSTRUCT CONCRETE RETAINING WALL AND DRAW DITCH PER
SHEETS A-2U, A-2C • A-3C.
CONSTRUCT CONCRETE DOWN DRAIN PER SHEETS A-20, A-2C • A-3C.
CONSTRUCT VARIABLE THICKNESS A.C. OVERLAY.
POLE ANCHOR TO BE REMOVED OR RELOCATED.
EXISTING DRAW PINS ON SLOPE 10 BE REMOVED 0R RELOCATED.
DIRECTIONAL SION SCHEDULE T I
A ENTER J DRIVE -TT,RU ONLY
B EXIT K THANK YOU
C ENTER ; L TYI:LCONE
D EXIT IP.- N RIGHT TURN ONLY
E EXIT ONLY N LEFT TURN ONLY
F EXIT ONLY 0 BLANK
G DO NOT ENTER P DRIVE THRU -PASSENGER PICKUP
H DRIVE -TNRU Q DRIVE iHRU-DRIVER PICKUP
I DRIVE -THRU R
EXHIBIT "A"
SHEET 2 OF 2