HomeMy WebLinkAboutC-6649 - Encarochment Agreement EPN N2005-446 for 101, 103, 107, 109, 111, 113, 115, 117 Bayside PlaceCr
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RECORDING REQUESTED AND
g
WHEN RECORDED RETURN TO:
Public Works Department
City of Newport Beach
Post Office Box 1768
Newport Beach, CA 92659-1768
Recorded in Official ih_cards, Orange County
Tom Daly, Clerk -Recorder
111111
111i! 1111111111111111 K'11111111IIIA 11111111111Ilii! VIII 1i11111111IIII NO EE E
2065000337419 09.04am 05103/05
211 130 Ail 29
0 00 0.00 0.00 0.00 0.00 0.70 0 00 0.00
EXEMPT FROM FILING FEES PER GOVERNMENT CODE 6103
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
BAYSIDE PLACE t'
(Encroachment Permit N2004-0446)
THIS AGREEMENT is made and entered into this day of
.n
LA*1 t A , 2005, by and between the following property owners of Bayside Place:
Robert Sprague, 101 Bayside Place (Parcel 052 013 21); the Mark P. Robinson, Jr. Trust,
Mark P. Robinson, Jr., Trustee, 103 Bayside Place (Parcel 052 013 20); the John M.
McDonald Trust, John M. McDonald and Marcia G. McDonald, Trustees, 107 Bayside Place
(Parcel 052 013 18); the Carolyn W. Martin Trust, Carolyn W. Martin, Trustee, 109 Bayside
Place (Parcel 052 013 17); the Gart M. Sutton Trust, Gart M. Sutton and Ronda K. Sutton,
Trustees, 111 Bayside Place (Parcel 052 013 36); the Richard N. Frank Trust, Richard N.
Frank, Trustee, 113 Bayside Place (Parcel 052 013 23); Richard Blatterman, 115 Bayside
Place (Parcel 932 660 01); and the Terry Lee Bellardi Trust, Terry Lee Bellardi, Trustee, 117
Bayside Place (Parcel 932 660 02), Corona del Mar, California 92625 (hereinafter
"OWNERS"), 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"), OWNERS are the owners of property located at 101, 103,
107, 109, 111, 113, 115, and 117 Bayside Place, Newport Beach, California (mailing address:
Corona del Mar, California 92625) and legally described as a portion of Block D of the Corona
Del Mar Tract as shown on a map recorded in Book 3, Pages 41 and 42 inclusively of
Miscellaneous Maps in the office of the County Recorder of Orange County, California.
1
WITNESSETH:
WHEREAS, OWNERS desire to construct certain non-standard improvements
(hereinafter "PERMITTED IMPROVEMENTS") within the CITY's utility easement within
Bayside Place (private street) (hereinafter "EASEMENT") that is located across portions of
Block D of the Corona del Mar Tract as shown in the in Book 21, Page 20 of the Record of
Survey in the office of the County Recorder of Orange County, California; also known as
Bayside Place (private street), 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 EASEMENT; and
WHEREAS, the parties hereto desire to execute an agreement providing for fulfillment
of the conditions required by CITY to permit OWNERS 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,
decorative concrete pavers in a sand bedding over the CITY's utility easement within Bayside
Place (private street) right-of-way as shown on EXHIBIT "A" attached hereto and as approved
by the Public Works Department. In addition, if any of the PERMITTED IMPROVEMENTS
actually built or installed during the time of construction vary from the PERMITTED
IMPROVEMENTS approved herein, such variations or changes must be approved in advance
by the Public Works Department and shall be shown on the "As Built" plans.
2. CITY will permit OWNERS to construct, reconstruct, install, maintain, use,
operate, repair and replace said PERMITTED IMPROVEMENTS and appurtenances
incidental thereto, within a portion of EASEMENT, all in substantial conformance with plans
and specifications on file in the CITY. CITY will further allow OWNERS to take all reasonable
measures necessary or convenient in accomplishing the aforesaid activities.
2
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. OWNERS and CITY further agree as follows:
a. OWNERS may construct and install PERMITTED IMPROVEMENTS and
appurtenances incidental thereto, in substantial conformance with plans and specifications
therefore on file in the CITY's Public Works Department, and as described on Exhibit "A"
hereto attached.
b. OWNERS 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 OWNERS 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, OWNERS shall be responsible for
the cost of repairs.
d. That should CITY be required to enter onto said EASEMENT to exercise
its primary rights associated with said EASEMENT, 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 OWNERS of its intention to accomplish such
work, if any emergency situation does not exist.
(ii) OWNERS shall be responsible for arranging for any renewal,
replacement, or restoration of the PERMITTED IMPROVEMENTS
affected by such work by CITY.
3
(iii) CITY agrees to bear the cost of any removal of the PERMITTED
IMPROVEMENTS affected by such work by CITY.
(iv) CITY agrees to pay the estimated replacement and restoration
costs at a cost not to exceed the CITY's estimated cost to restore
the street to standard conditions using City approved methods and
materials upon the conclusion of such work by CITY.
(iv) OWNERS agree to pay the balance of all costs for renewal,
replacement, or restoration of the PERMITTED IMPROVEMENTS
that are not covered under CITY responsibility.
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 OWNERS, CITY may enter upon the
EASEMENT and remove all or part of the improvements installed by OWNERS. 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. OWNERS 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. OWNERS 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.
4
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: CITY OF NEWPORT BEACH,
a Municipal corporation
By: C By:
,,„�City Attorney —4S4
Cit anager
i 7ATT T:
tyv UCI e-r&k
OWNERS:
101 BAYSIDE PLACE, PARCEL NO. 052 013 21
By:�
Robert Sprague
5
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE
y / )
On l� U�� O / (�-
200 ,7, before me,
a d"'(' :
Personally appeared lam"
' personally known to
me (or proved to me on the basis of satisfactory` vidence) to be the person(s) whose name(s -/are
subscribed to the within instrument and acknowledged to me thaK' %she/they has executed the same
inis'their authorized capacity(ies), and that by �%her/their signature(s) on the instrument the
perso (s) or the entity upon behalf of which the person acted, executed the instrument.
WITNESO my hand and official seal.
ry rubho in and for said State
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE )
On
personally appeared
200_, before me,
TRACYBLAKE
Commission # 1504689
Notary Public - California
Orange County
MY Comm. Expires Jul 31, 2008
(This area for official notarial seal)
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 has 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 acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
F:\USERS\PBW\Shared\Associations/ EA -Bayside Place.doc
14
(This area for official notarial seal)
CITY CLERK'S ACKNOWLEDGMENT
State of California
County of Orange
On April 26 , 2005, before me, LAVONNE M. HARKLESS,
CITY CLERK OF THE CITY OF NEWPORT BEACH, personally appeared
Homer L. Bludau personally known to me 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.
Dated this 26th day of April 2005.
CAPACITY OF SIGNER
Municipal Corporation Officer
City Manager
SIGNER IS REPRESENTING:
City of Newport Beach
WITNESS my hand and official seal.
LAVONNE M. HARKLESS, CITY CLERK
CITY OF NEWPORT BEACH, CALIFORNIA
DESCRIPTION OF ATTACHED
DOCUMENT:
Encroachment Aqreement
N2004-0446
# of Pages --
Document Date:
04/26/2005
Signer(s) other than named:
Robert Sprague
Aaron C. Harp
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: CITY OF NEWPORT BEACH,
By: '--- c Gtr
,4 ss ,S ►- -•,,.►City Attorney
ATTE �1,9--��
T:
City Clerk
OWNERS:
a Municipal corporation
By:
Cit anager
103 BAYSIDE PLACE, PARCEL NO. 052 013 20
MARK P. ROBINSON, JR. TRUST
B
Y•
Mark P. Robinson, Jr., Trustee
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE )
On
200 �` , bair
me,
personally appeared �(�personally Y known to
me (or proved to me on the basis of satisfactory evidence) to be t person(s) whose name(s)1are
subscribed to the within instrument and acknowledged to me that9/she/they has executed the same
inI her/their authorized capacity(ies), and that by�/her/their signature(s) on the instrument the
person(s) or the entity upon behalf of which the person acted, executed the instrument.
WITNES my hand and official seal.
`Nota Public in and for said State
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
200_, before me,
personally appeared
TRACY BLAKE
Commission # 1504689
Notary Public - California
Orange County
MY Comm. Expires Jul 31, 2008
(This area for official notarial sea])
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 has 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 acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
F:\USERS\PBW\Shared\Associations/ EA -Bayside Place.doc
14
(This area for official notarial seal)
CITY CLERK'S ACKNOWLEDGMENT
State of California
County of Orange
On April 26 , 2005, before me, LAVONNE M. HARKLESS,
CITY CLERK OF THE CITY OF NEWPORT BEACH, personally appeared
Homer L. Bludau , personally known to me 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.
Dated this 26th day of April 2005.
CAPACITY OF SIGNER
Municipal Corporation Officer
City Manager
SIGNER IS REPRESENTING:
City of Newport Beach
WITNESS my hand and official seal.
YZ6 _�_4
LAVONNE M. HARKLESS, CITY CLERK
CITY OF NEWPORT BEACH, CALIFORNIA
DESCRIPTION OF ATTACHED
DOCUMENT:
Encroachment Agreement
N2004-0446
# of Pages --
Document Date
04/26/2005
Signer(s) other than named.-
Mark
amed:
Mark P. Robinson, Jr.
Aaron C. Harp
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:
s S :S� City Attorney
CITY OF NEWPORT BEACH,
a Municipal corporation
By: f+.
City anager
OWNERS:
107 BAYSIDE PLACE, PARCEL NO. 052 013 18
JOHN M. MCDONALD TRUST
Jo n M. McDonald, Trustee
By: ~
Marcia G. McDonald, Trustee
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On , 200, before me,
personally appeared �� l�'I V r�liV���c.��Q�( personally known to
me (or proved to me o he basis of satisfactory evidence) to be the person(s) whose name(sIs are
subscribed to the within instrument and acknowledged to me that6"/they has executed the same
f� 1
in U.g/her/their authorized capacity(ies), and that byec_j"er/their signature(s) on the instrument the
person(s) or the entity upon behalf of which the person acted, executed the instrument.
WITNESS
1
hand and official seal.
icing
Tor saga State
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
TRACY BLAKE
Commission # 1504689
ml
Zamy
Notary Public - California
Orange County
Comm. Expires Jul 31, 2008
(This area for official notarial seal)
��/� ' }n ^
On , 200, �i efore me, L I
personally a ppeared CUL��P.c.' wtx.-
, 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 has 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 acted, executed the instrument.
TRACY BLAKE
WITNESS m hand and official seal. Commission # 1504689
ZNotary Public - California
Orange County
O ---MY Comm. Expires Jul 31, 2008
Notarylblic in and for said State
(This area for official notarial seal)
F:\USERS\PB\MShared\Associations/ EA -Bayside Place.doc
14
CITY CLERK'S ACKNOWLEDGMENT
State of California
County of Orange
On April 26 , 2005, before me, LAVONNE M. HARKLESS,
CITY CLERK OF THE CITY OF NEWPORT BEACH, personally appeared
Homer L. Bludau , personally known to me 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.
Dated this 26th day of April 2005.
WITNESS my hand and official seal.
�.r LAVONNE M. HARKLESS, CITY CLERK
caLl 0V CITY OF NEWPORT BEACH, CALIFORNIA
CAPACITY OF SIGNER
Municipal Corporation Officer
City Manager
SIGNER IS REPRESENTING:
City of Newport Beach
DESCRIPTION OF ATTACHED
DOCUMENT:
Encroachment Aqreement
N2004-0446
# of Pages
Document Date: 04/26/2005
Signer(s) other than named:
John M. and Marcia G. McDonald
Aaron C. Harp
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: CITY OF NEWPORT BEACH
By:
sS ',s f t City Attorney
ATTE /T-
i ty Clerk
OWNERS:
a Municipal corporation
By: 94Z.
City anager
109 BAYSIDE PLACE, PARCEL NO. 052 013 17
CAROLYN W. MARTIN TRUST
By:ti, -," 16 yo
Caroly W. Martin, Trustee
0
STATE OF CALIFORNIA )
'-0k ) ss:
COUNTY OF 0R NGE )
On _C 2.,ti 200 ' ,before me, f, tYn SCZ�r,�
personally appeared �_r L� personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(sas are
subscribed to the within instrument and acknowledged to me that hesh /they has executed the same
in his(�i�'r/their authorized capacity(ies), and that by his/f�/their signature(s) 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.
Notary Public in and for said State
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
Nil
personally appeared
200_, before me,
J = BARBARA J. ARMSTRONG +�
Commission # 1348203
Notary Public — Coliforniry
Los Angeles County
My Comm. Expires Apr 22, 2006
(This area for official notarial seal)
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 has 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 acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
F:\USERS\PBw\Shared\Associations/ EA -Bayside Place.doc
14
(This area for official notarial seal)
CITY CLERK'S ACKNOWLEDGMENT
State of California
County of Orange
On April 26 , 2005, before me, LAVONNE M. HARKLESS,
CITY CLERK OF THE CITY OF NEWPORT BEACH, personally appeared
Homer L. Bludau personally known to me 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.
Dated this 26th day of April 2005.
WITNESS my hand and official seal.
/.44
*ter LAVONNE M. HARKLESS, CITY CLERK
CALIV: CITY OF NEWPORT BEACH, CALIFORNIA
CAPACITY OF SIGNER DESCRIPTION OF ATTACHED
DOCUMENT:
Municipal Corporation Officer Encroachment Agreement
City Manager N2004-0446
SIGNER IS REPRESENTING:
# of Pages --
City
City of Newport Beach Document Date: 04/26/2005
Signer(s) other than named:
Carolyn W. Martin
Aaron C. Harp
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: CITY OF NEWPORT BEACH,
a Municipal corporation
By: C' By:
ss S� ,( City Attorney City anager
ATT T•
City Clerk ,s
OWNERS:
111 BAYSIDE PLACE, PARCEL NO. 052 013 36
GART M. SUTTON TRUST
Gart M. Sutton, Trustee
l.i :
�.
[Ronda K. SuftorY,Trustee
10
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On
Personally appeared
l/-
200' before me,
personally known to
me (or proved to me on the basis of satisfactory evidence) to be the personkwhose nameN Care
subscribed to the within instrument and acknowledged to me that�/she/they has executed the same
in 6i �,er/their authorized capacity(ies), and that by6%her/their signature(s) 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.
jNWu—b-1riic`:in:�a—ndfor said State
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On , l � 200,
in I
Personally appeared
TRACY BLAKE
Commisslon # 1504689
Notary Public - California
Orange County
Omy
Comm. Expires Jul 31, 2008
(This area for official notarial seal)
re me, 01LZ6&-p U0�
personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(sIs re
subscribed to the within instrument and acknowledged to me that heog/they has executed the same
in his/ ertheir authorized capacity(ies), and that by hi��/their signature(s) on the instrument the
perso s) or the entity upon behalf of which the person acted, executed the instrument.
—�
TRACY BLAKE
WITNES my hand and official seal. i . - "" Commission # 1504689
Ir
Notary Public - California j
Orange County
My Comm. Expires Jul 31,200+
- Not Pub ' in and for said State
(This area for official notarial seal)
F:\USERS\PBW\Shared\Associations/ EA -Bayside Place.doc
14
CITY CLERK'S ACKNOWLEDGMENT
State of California
County of Orange
On April 26 , 2005, before me, LAVONNE M. HARKLESS,
CITY CLERK OF THE CITY OF NEWPORT BEACH, personally appeared
Homer L. Bludau , personally known to me 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.
Dated this 26th day of April 2005.
CAPACITY OF SIGNER
Municipal Corporation Officer
City Manager
SIGNER IS REPRESENTING:
City of Newport Beach
WITNESS my hand and official seal.
v�
LAVONNE M. HARKLESS, CITY CLERK
CITY OF NEWPORT BEACH, CALIFORNIA
DESCRIPTION OF ATTACHED
DOCUMENT:
Encroachment Agreement
N2004-0446
# of Pages --
Document Date: 04/26/2005
Signer(s) other than named:
Gart M. and Ronda K. Sutton
Aaron C. Harp
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: CITY OF NEWPORT BEACH,
a Municipal corporation
4 Y A� By: —0�,
City Attorney City anager
ATTOF
.n IN
'000
City Clerk
/A N
OWNERS:
113 BAYSIDE PLACE, PARCEL NO. 052 013 23
RICzRichard
FRANK TRUST
N. Frank, T stee
11
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On VOVayy%�oQ"'- 3 o 200_4_, before me, h le. zi. C'In;c,
personally appeared ':F-VA'r personally known to
W"M.L.ps4 14-k I
me
to be the person(4) whose name(.&) is/afe
subscribed to the within instrument and acknowledged to me that he/S�04hqy has executed the same
in his/fair authorized capacity(t s), and that by his/hent eir signature() on the instrument the
person(.&) or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
r�
N P is in and for said State
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE )
On
personally appeared
200_, before me,
GAM F. CI -CK
CORM bftn 0 1431340
*ftI*, Caffft
v MV UN Angow CM
(This area for official notarial seal)
, 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 has executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
persons) or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
F:\USERS\PBW\Shared\Associations/ EA -Bayside Place.doc
14
(This area for official notarial seal)
CITY CLERK'S ACKNOWLEDGMENT
State of California
County of Orange
On April 26 , 2005, before me, LAVONNE M. HARKLESS,
CITY CLERK OF THE CITY OF NEWPORT BEACH, personally appeared
Homer L. Bludau personally known to me 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.
Dated this 26th day of April 2005.
WITNESS my hand and official seal.
U71�00/
LAVONNE M. HARKLESS, CITY CLERK
CITY OF NEWPORT BEACH, CALIFORNIA
CAPACITY OF SIGNER DESCRIPTION OF ATTACHED
DOCUMENT:
Municipal Corporation Officer Encroachment Agreement
City Manager N2004-0446
SIGNER IS REPRESENTING:
City of Newport Beach
# of Pages --
Document
Document Date: 04/26/2005
Signer(s) other than named.-
Richard
amed:
Richard N. Frank
Aaron C. Harp
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: CITY OF NEWPORT BEACH,
a Municipal corporation
By: _ w- By:
5 s �& ,v fCity Attorney I., City M nager
OWNERS:
115 BAYSIDE PLACE, PARCEL NO. 932 660 01
By:�'
Richard Blatterman
12
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On I 11li/4 /'+ 200 4, before me,
personally appeared `�L.P,CC�l1�L,+DAiY)'>`/1 JYtJ U , personally known to
me (or proved to me on the basis of satisfactory evidence) to be the personXwhose name(\s Dare
subscribed to the within instrument and acknowledged to me that(9she/they has executed the same
in 69/her/their authorized capacity(ies), and that by�fler/their signature(s) on the instrument the
person(s) or the entity upon behalf of which the person acted, executed the instrument.
WIT SS my hand and official seal.
Not P lic in and for said State
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE )
On
personally appeared
200_, before me,
TRACY BLAKE
Commission #E 1504689
Notary PubBc - California
Orange County
0MV
Comm. Expires Jul 31, 2008
(This area for official notarial seal)
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 has 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 acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
F:\USERS\PBW\Shared\Associations/ EA -Bayside Place.doc
X
(This area for official notarial seal)
CITY CLERK'S ACKNOWLEDGMENT
State of California
County of Orange
On April 26 , 2005, before me, LAVONNE M. HARKLESS,
CITY CLERK OF THE CITY OF NEWPORT BEACH, personally appeared
Homer L. Bludau , personally known to me 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.
Dated this 26th day of April 2005.
CAPACITY OF SIGNER
Municipal Corporation Officer
City Manager
SIGNER IS REPRESENTING:
City of Newport Beach
WITNESS my hand and official seal.
LAVONNE M. HARKLESS, CITY CLE R -K
CITY OF NEWPORT BEACH, CALIFORNIA
DESCRIPTION OF ATTACHED
DOCUMENT:
Encroachment Agreement
N2004-0446
# of Pages --
Document Date
04/26/2005
Signer(s) other than named:
Richard Blatterman
Aaron C. Harp
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: CITY OF NEWPORT BEACH,
a Municipal corporation
By: �� Gti--- By:
Y.�.
}� S Sf-City Attorney
41 City Wnager
ATTES ":,
City Clerk
OWNERS:
117 BAYSIDE PLACE, PARCEL NO. 932 660 02
TERRY LEE BELLARDI, TRUST
By.
Terry L e Bellardi, Trustee
\\mis_1\sys\users\pbw\shared\associalions\EA-Bayside Place.doc
13
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE
On `-%,G,(V�,1 ✓tet 200 `r before me,
personally appeared \� �,1i1 �7 . `� �.Y Q"? ' , personally known to
me (or proved to me on the basis of satisfactory evidence) to be the personN whose name() Dare
subscribed to the within instrument and acknowledged to me that he/6/they has executed the same
in his6 their authorized capacity(leq and that by his/'their signature(s) on the instrument the
person(s) or the entity upon behalf of which the person acted, executed the instrument.
ITNESS * hand and official seal.
Notary'Public in -and for said State
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE )
On
personally appeared
200_, before me,
,TRACY BLAKE
Commission # 1504689
z0MV
Notary Public - California
Orange County
Comm. Expires Jul 31, 2008
(This area for official notarial seal)
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 has 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 acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
F:\USERS\PBW\Shared\Associations/ EA -Bayside Place.doc
14
(This area for official notarial seal)
CITY CLERK'S ACKNOWLEDGMENT
State of California
County of Orange
On April 26 , 2005, before me, LAVONNE M. HARKLESS,
CITY CLERK OF THE CITY OF NEWPORT BEACH, personally appeared
Homer L. Bludau , personally known to me 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.
Dated this 26th day of April 2005.
E WITNESS my hand and official seal.
LA ONNE M. HARKLESS CITY CLERK
� 0 CITY OF NEWPORT BEACH, CALIFORNIA
CAPACITY OF SIGNER
Municipal Corporation Officer
City Manager
SIGNER IS REPRESENTING:
City of Newport Beach
DESCRIPTION OF ATTACHED
DOCUMENT:
Encroachment Agreement
N2004-0446
# of Pages --
Document Date: 04/26/2005
Signer(s) other than named:
Terry Lee Bellardi
Aaron C. Harp
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