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Home My WebLink AboutC-1155 - Encroachment Agreement (for 115 22nd Street)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 MAY 0 2 1094 11:11. Pn11NEP,^V n DOC 4 9-O26O60A t 4—P1PR— i 994 10 f 5=4 ►�@ Recorded in Official Record; of Or. nje Co'int', California �oS7 P Lee A. Branch, County Reorder [ { f c ;7 }0 r�a]c 1 of i Fees: f 11vVL' Tax: $ Yl till Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT APR T 199�' Alt TO I THIS AGREEMENT, dated the 21st day of March, 1994, for purposes of identification, between the City of Newport Beach (CITY) and Conservatorship of Marguerite E. Forgit (OWNER) is made with reference to the following findings: A. OWNER would like to construct permanent structural footings and twelve columns and members (PERMITTED IMPROVEMENTS) that encroach into the Balboa Boulevard and 22nd Street RIGHTS OF WAY (RIGHTS -OF -WAY) to comply with CITY Ordinances requiring seismic strengthening of the structure located on property commonly known as 115 22nd Street, Newport Beach (THE PROPERTY) and legally described as Lot No's 16, 17, and 18, Block 22 of Newport Beach Tract as shown on a map recorded in Book 3, Page 26 of Miscellaneous Maps in the office of the County Recorder of Orange County; B. The City Council has approved OWNERS's request to construct the PERMITTED IMPROVEMENTS in the RIGHTS OF WAY because: 1. The structure on the property is one of the first built in the CITY, is considered to be a building of considerable historical significance, is listed on the buildings of Historical Significance prepared by the Newport Beach Historical Society, and is one of the first structures seen by visitors to McFadden Square area; 2. The PERMITTED IMPROVEMENTS are part of an architectural scheme and design that wi.ti. significantly enhance the appearance of this historical building; 3. The PERMITTED IMPROVEMENTS are, in this case, adjacent to a sidewalk of sufficient size to accommodate pedestrian activity in the area; 4. The PERMITTED IMPROVEMENTS are part of a structural strengthening program required by CITY Ordinance and compliance with this Ordinance through internal modification would make infeasible the renovation project proposed by OWNER. NOW THEREFORE, in consideration of the mutual promises, the parties hereto agree as follows: 1. OWNER is authorized to construct the PERMITTED IMPROVEMENTS within the RIGHTS OF WAY in strict conformance with Exhibit "A," and Plan sheets A-1 to A-4 and S-1 to S-2 (on file in the Building Department of the City of Newport Beach) and subject to the following conditions: a. The structural footing shall encroach no more than 24 inches into the RIGHT OF WAY and the upper surface of the footing shall be constructed 24 inches, or more, below sidewalk grade; b. No column or member shall be installed within the alley; c. Architectural details or features may be installed on or adjacent to any column or member in compliance with the details noted in plans on file in the Building Department. 2. OWNER shall be permitted to temporarily remove sidewalk and related public facilities or improvements subject to the following: a. Whenever OWNER performs any work requiring removal of a portion of the public sidewalk, OWNER shall at OWNER's sole cost and expense, promptly replace the sidewalk panel and related brick bands in a manner that, to the extent possible, matches the color and texture of the adjacent sidewalk; b. OWNER shall repair any other public facilities or improvements damaged by the installation or presence of the PERMITTED IMPROVEMENTS, and the repair shall be commenced within ten (10) days after any such damage and thereafter diligently pursued until completion. 3. CITY shall have the right to terminate this Agreement by giving OWNER sixty days written notice of its intention to terminate and specifying the date of termination in the notice. CITY may also remove some or all of the PERMITTED IMPROVEMENTS in conjunction with any project within the RIGHT OF WAY, and, in such event, OWNER shall be responsible at OWNER's sole cost and expense, for any renewal or restoration of the PERMITTED IMPROVEMENTS and shall perform any removal or restoration required by CITY in strict conformance with the provisions of the Newport Beach Municipal Code and the Uniform Building Code. 4. OWNER shall defend, indemnify and hold harmless the CITY, and its officers, employees, agents and representatives, from and against any and all loss, damage, liability claim, litigation, cost or expenses, including reasonable attorneys fees, that arise out of, or are in any way related to, the design, construction, maintenance or existence of the PERMITTED IMPROVEMENTS. 5. This agreement shall remain in full force and effect from the date of execution, shall run with the land, shall be binding upon the heirs, successors and assigns of OWNER's, and shall be recorded in the Office of 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 written above. APPROVED AS. TO ' F 7 By: ATTEST: City A.torn City Clerk Gina\AG\Encroach.RH ) STATE OF CALIFORNIA )ss. COUNTY OF ORANGE On / 7 ('/ 'Y, i , , before m C't personally apr5eared = (,,i l/ -) //l� r, )/i c. ‘?,1�r (: personally known to me ' p y (or proved ,�o me on the basis -�o� satisfactory evidence) to be the person (Ls » whose name(0j} isr�are, subscribed_to the within instrument and acknowledged to me that he/she/(they ex:.::uted the same in his/her/heir authorized capacity“es), and that by his/herith it signatur((s); on the instrument the person 3 or the entity upon behalf of which the persoi{f(s) acted, executed the instrument. By: By: CITY OF NEWPORT BEACH, a Municipal corporation City /Ni ager OWNER: Conservatorship of Marguerite E. Forgit Rush N. Hill, II Conservator WITNESS my hand and official seal. Notary Public in dnd fbr`baid State Shauna Lyn Oyler Comm *1002681 NOTARY PUBLIC CALIFORNMr4 ORANGE COUNTY n Comm Expires Aug. 22. 1997 . 2Xfi/5/ T 'A" ' 1 �.PE,4 o ENC2OACA/MEAL TS \ 1i Se -a /n2 o- _nor ory coLs �YJIMCMMEn- bvI'_..nb " = rl nb n ,cnlrE-CrUM_ V-IX.n-t CxS-: '1G 1IC �L a - o(a r-_ On',sr! r._nrtorw� ^v d� r-.er6 sec -mow, -'�G /iGE h ^r. Sv_IG l'N n- 4- b x I rr._ - ^ X: • x= M A �G` �� 1 III`- - : �) r-, v_ G O V !�._CCISE Cr, ) / ACCESS E S PCO., �Ql•ripr. w/Y :'nL nna,I n dn�n vonsG .sit rcNrrE • cl now: G.'-S .--C-Wc'v� i•.n� --- )' ^' -S .IX -E>a P/o' -F t : %'cam `: Vl^ cQ O'w 16", And -t--ACC W'• F A.7C_Y Al,, 7- =C,.nv nLaVIA. �:. to -o Jrn nra.l..oclr []DW ^rI. b wln -o.c , - ht5r'b 7Il0.'D '-�Irlrt�pn .w_.r4Loee wlH.a,W S-wa�O+J' 'xr� LrYw�lc_ -n ,nnrcn 104 frry O —1 J _— r-o--' oG 1EW ri•.A�---,?• C 1G cc wi s+,J' err• w. ron, nr ,n•�sn�n6 •.,o,,, o= n =fn. b•r C.• �0. ACCSSS — M1Fs.O`.S (E) Co.rY1-6ll/Nn wnnopy W'L-S� GA6.epr- /�'Y-'- ro 1C�Il: Ca `vim cony nor, O K S n �-.vs FLOOR PLAN ro 5_ �nE •h r�� n�s� b -o K S-'n•b rn'1111 n6 L07 a_ano Wn_S - - ^-L^ ' 5'-O'� •�.J=0-'-t- wn LDS » -.r Wn•_S.?CriS SOS OC U " Inc-• • -Y- . _ 6'no.•g S><,S-� nG C.�.L+• • "^ Th n n7 l_ .- i'S )-F[7'.' EGG � '-PEr PS ' w-ECO S'r ".'-G!'11-SGr .•-n� SEc C . ! LAC W/6t- Isx LIr0S fTO.�.'t '^e+✓ �- tt �v+m ANO I+0l r�11/n tEMO�/� r._ g frO �•X - lE$. ..S ...c- . w/•._ n�r yr.r-r CALIFORNIA ALL-PURPOSE ^,KNOWLEDGMENT No. 5907 ./llllJ./lJlll./lfl./ll�' Il./llllll./�/1,,rlll�1.../✓l./ll ,//lll./lll./lllllll./.r./f aft State of Coll t 0 Y1 County of .a` On 11\CkcC\A lq9(fbefore me, DATE / personally appeared `a \-k S\ )• personally 'Known to me - OR - R BUCHAN Core. # 969639 Notary Pubic — California ORANGE COUNTY My Comm. Expires APR 9.1997 NAME. TITLE OF OFFICER - E.G., "JANE DOE. NOTARY PUBLIC" NAME(S) OF SIGNER(S) r proved to me on the basis f satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged 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. WITNESS my hand and official seal. OPTIONAL SIGNATURE OF NOTARY Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE OFFICER TITLE(S) PARTNER(S) LIMITED GENERAL h ATTORNEY -IN -FACT TRUSTEE(S) I GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONIS) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184