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HomeMy WebLinkAboutC-6649 - Encarochment Agreement EPN N2005-446 for 101, 103, 107, 109, 111, 113, 115, 117 Bayside PlaceCr ZTO 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 i D U Q O N J W ~ N 7 Q F- C� W W U) Je) L U) z�(� W z -� BJP N U)WW�Lo j