HomeMy WebLinkAboutC-5978 - Encroachment Agreement EPN N2000-243 for 2121 Westcliff DriveRecorded in Official Records, County of Orange
Gary Granville, Clerk, -Recorder
n��; FEE
90000411187 r a m 08!07100
110 3 Al2 12
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Space above this line for Recorder's use only.
ENCROACHMENTAGREEMENT
(EPN2000-243)
THIS AGREEMENT is made and entered into this _ day
of !.,,1,: 2000, by and between Don R. Hankey on behalf of Hankey Investment
Company ereinafter "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"), "OWNER" is the owner of property
located at 2121 Westcliff Drive, Newport Beach, California and legally described as portion of
Lot 2, Tract 4225, as shown on a map recorded in Book 153, Pages 23 and 24 inclusively of
Miscellaneous Maps in the office of the County Recorder of Orange County, California;
WITNESSETH:
WHEREAS, OWNER desires to construct and maintain certain non-standard
improvements (hereinafter "PERMITTED IMPROVEMENTS") within Irvine Boulevard right-of-
way (hereinafter "RIGHT-OF-WAY") that is located adjacent to 2121 Westcliff Drive, Newport
Beach, California and legally described as Lot 2, Tract 4225, as shown on a map recorded in
Book 153, Pages 23 and 24 inclusively of Miscellaneous Maps in the office of the County
Recorder of Orange County, California;
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;
01
[RECORDING REQUESTED A;
WHEN RECORDED RETURN TO:
Public Works Department
City of Newport Beach
i
Post Office Box 1768
U
3300 Newport Boulevard
Newport Beach, CA 92659-1768
Recorded in Official Records, County of Orange
Gary Granville, Clerk, -Recorder
n��; FEE
90000411187 r a m 08!07100
110 3 Al2 12
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Space above this line for Recorder's use only.
ENCROACHMENTAGREEMENT
(EPN2000-243)
THIS AGREEMENT is made and entered into this _ day
of !.,,1,: 2000, by and between Don R. Hankey on behalf of Hankey Investment
Company ereinafter "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"), "OWNER" is the owner of property
located at 2121 Westcliff Drive, Newport Beach, California and legally described as portion of
Lot 2, Tract 4225, as shown on a map recorded in Book 153, Pages 23 and 24 inclusively of
Miscellaneous Maps in the office of the County Recorder of Orange County, California;
WITNESSETH:
WHEREAS, OWNER desires to construct and maintain certain non-standard
improvements (hereinafter "PERMITTED IMPROVEMENTS") within Irvine Boulevard right-of-
way (hereinafter "RIGHT-OF-WAY") that is located adjacent to 2121 Westcliff Drive, Newport
Beach, California and legally described as Lot 2, Tract 4225, as shown on a map recorded in
Book 153, Pages 23 and 24 inclusively of Miscellaneous Maps in the office of the County
Recorder of Orange County, California;
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;
01
NOW, THEREFORE, in _ .nsideration of the mutual promises, .ne parties hereto agree
as follows:
1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as a
14 -feet high pole sign in a 12 -inch high raised concrete planter and appurtenances in Irvine
Boulevard right -of -away as shown on EXHIBIT "A" attached hereto and as approved by the
City Engineer. In addition, the proposed PERMITTED IMPROVEMENTS may vary at the time
of construction. Hence, any changes must be approved by the City Engineer and shall be on
shown on the "As Built" plans.
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 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 private -owned or CITY -owned pipeline, conduit or cable located in or under said
PERMITTED IMPROVEMENTS, except as otherwise provided herein.
c. If private -owned, 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 the 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,
2
the maintenance, removal, rep.. , renewal, replacement or enlarge. _,nt 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;
(iv) OWNER agrees to pay all costs 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 defend, 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 agrees 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.
3
CITY OF NEWPORT BEACH,
a Municipal corporation
APPROVED AS TO FORM:
IF
By: By; %44&� lloex�
City Attorney City Ma ager
City Clerk
4
OWNER: Hankey Investment Company
By:
Authorized Agent on behalf o
Hankey Investment Company
STATE OF CALIFORNIA
) ss:
COUNTY OF ORANGE )
On V I4 � i 2000 before me, IAC .l oy , V,
personally appeared *r U Oo�ri i k fSS ,personal
known to me ) to be the person
whose name s is re ubscribed to the within instrument and acknowled ed to me that
lie/sheth as executed the same in his/her eir uthorized capacit ie and that by
his/her h signatur�n the instrument the perso s) r the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
LEILANI V. INES
Commission # 1170960 Z
No-,aryPublic - CaOrange Counfyl forma
Notary Public in and for said State MyC,arnm.ExpiresJon25,2002
(This area for official notarial seal)
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
tf-
On tA-1 �j U , 2000, before me, r'1
personally appeared 1 ))on �k"-, Le L// , personally
known to me (or proved to me on the basis of satisfactory evidence) to be the person(O
whose name(s) is/ate subscribed to the within instrument and acknowledged to me that
he/she/they has executed the same in his/her/their authorized capacity(ios), and that by
his/her/their signature() on the instrument the person(s) or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
40-y-7 1 -1 Z, U1, -�, , -
Notary Public in and for said State
(This area for official notarial seal)
F:\USERS\PBMGWONG\WP51\AGBORDEN-PROMELIS-EPN2000-243NH.DOC
5
HANKEY INVESTMENT COMPANY, LP
LIMITED PARTNERSHIP AGREEMENT
THISED PARTNERSHIP AGREEMENT (the "Agreement") dated as
6
of January 1, 1992, is entered into by and between Don R. Hankey
and,.Lorie Hankey, as the General Partners (the "General Partners")
and all those persons whose names appear as Limited Partners on
Exhibit "A" attached hereto and incorporated herein by reference as
the Limited Partners (collectively referred to as the "Limited
Partners").
ARTICLE 1
ORGANIZATION
1.1 Formation. The General Partners and the Limited Partners
agree to form a Limited Partnership (the "Partnership" herein)
under the Uniform Limited Partnership Act pursuant to Title 2,
Chapter 2, of the California Corporations Code) (the "Act"
herein).
1.2 Name. The name of the Partnership shall be Hankey
Investment Company, LP, provided, however, the General Partners
may, in their sole discretion, change the name of the Partnership
at any time and from time to time may upon demand require the
Limited Partners to execute the appropriate documents, including,
but not limited to, a Certificate of Limited Partnership, therefor.
ARTICLE 2
BIJSINESS OF THE PARTNERSHIP
The business of the Partnership shall be the acquisition,.
ownership, improvement, leasing, financing and operation of real
property.
ARTICLE 3
PRINCIPAL PLACE OF BUSINESS
The principal office of the Partnership shall be located at
309 N. Vermont Avenue, Los Angeles, California 90004, or at such
other place or places as the General Partners may hereafter
determine.
ARTICLE 4
TERM
The Partnership shall commence upon the date of this Limited
Partnership Agreement first hereinabove mentioned and shall
continue for a period of twenty-five (25) years thereafter unless
terminated sooner because of the dissolution,a-nd winding up of the
Partnership in accordance with the provisions of Article 11 hereof
or by operation of law.
1
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the day and year first hereinabove written.
General Partners:
(a- --- ---- -------
Don R. Hankey
20
Limited Partners:
Don Robert Hankey, Trustee
of the Don Hankey Trust
Dtd 2/22/90
Frances M. Hankey, Trustee
of the Frances Hankey Trust
Dtd� 1.1-31190
Barbara Hankey -Rogers,
Trustee of the Barbara
Rogers Trust Dtd 2/5/90
M
2
L1
14
f
5
�`
CL
Q
Q
cr
W O Z
Z W W
P_.
F--
D
W U
Z
W
Z
O
i
LL
W
Q
.E
cc
2
12-
Q
0
�
�
J
m
0 0 0 0
4-0 0 c c
.M._
N `Cf) Q
W°v°
Z
C9 CD
>
Z (n
cr
W O Z
Z W W
Q
J
d
W U
W p �~-
WLLQ
O
i
LL
C-
U
=3
A
a
a
OD
.20 U0
m�
-03
a04+
CL
lm
>
tCS
Q
U
t)
0
N
E
EEO
<
U
Q
C-
U
=3
A
a
a
OD
.20 U0
m�
-03
a04+
CL
lm
a
vJE�S,T~c u F�
m
Llr
I
�
� y
LQ
i
U
R.
Hl
z
IK
in
ko --,
Iry
OP
R.
Hl
z
IK
in
ko --,
Mu< t`ifl
t7: OP, 2000 11:29W P'
to tD
6-0 W U
A X.
V7
W o-4 V, 0
P4
—S
LiJ u Y N m
C,
C*j
to 1;
Q '5
Mu< t`ifl
t7: OP, 2000 11:29W P'
R"i
i;l
6-0 W U
A X.
W o-4 V, 0
P4
—S
C,
C*j
to 1;
Q '5
to V.
zt -Z U �
In
k7. vj
cz;
-9
T,
ft; N
-c a
-WL -
R"i
i;l
6-0 W U
A X.
W o-4 V, 0
P4
C,
C*j
M IL. ir, C.
Q '5
to V.
4 n
In
k7. vj
cz;
ffim
124,
a ®rlo