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Home My WebLink AboutC-9030-1 - Encroachment Agreement (for 2323 Bayside Drive)i Q RECORDING REQUESTEE ND WHEN RECORDED RETURN TO: Public Works Department V City of Newport Beach Post Office Box 1768 3300 Nev,,port Boulevard Newport Beach, CA 92659-1768 Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder No Fee 005 22060069 229990777974 2; 31pm 11/08/99 12 Al2 7 6.00 18.00 0.00 0.00 0.00 0.00 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT THIS AGREEMENT is made and entered into thisday of 1999, by and between David Close, President of WMC Development Company LLC, a California Limited Liability Company (hereinafter "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"), I (J "O`VVNER" is the owner of property located at 2323 Bayside Drive, Newport Beach, California I and legally described as a portion of Block "D" of Corona Del Mar Tract , as shown in Book 3, Pages 41 and 42 inclusively of Miscellaneous Maps in the office of the County Recorder of �(> Orange County, California; WITNESSETH: WHEREAS, OWNER has approved pians to construct certain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within a portion of a 4-foot storm drain easement serving as a portion of Block "D" of Corona Del Mar Tract, (also known as 2323 Bayside Drive, Newport Beach, California) hereinafter "EASEMENT"; 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 the EASEMENT; and WHEREAS; the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to permit OWNER to construct, reconstruct and maintain said PERMITTED iMPR0'VEf�1ENTS, NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree as follows: 1 1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as a portion of the house\foundation, screen wall, fire place, landscaping, and appurtenances 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 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 the EASEMENT, all in substantial conformance with plans and specifications on file in the CITY. CITY will further allow OWNER to take all reasonable measures necessary in accomplishing the aforesaid activities, including protecting the storm drain pipe. 3. OWNER and CITY further agree as follows: a. OWNER may, at owner's cost and expenses, 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 CITY -owned pipeline located in or under said PERMITTED IMPROVEMENTS. c. If City improvements are damaged by the installation or presence of PERMITTED IMPROVEMENTS, the CITY shall be responsible for the cost of all 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 reasonably notify OWNER of its intention to accomplish such work, if any emergency situation does not exist. 2 (ii) CITY 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 the cost of any removal of the PERMITTED IMPROVEMENTS affected by such work by CITY; (iv) CITY agrees to pay all costs for renewal, restoration, or replacement of the PERMITTED IMPROVEMENTS. e. This agreement does not extend the OWNERS' any rights to construct any additional improvements at a later time. 4. 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. APPROVED AS TO FORM: l By: City Attorney 0 City Clerk CITY OF NEWPORT BEACH, a Municipal corporation OWNER: By:Vvv_�/- /1114� City M ager WMC Development Company LLC, a California Limited Liability Company By:�i _ David Close, President Authorized Signature 3 STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) n D ES^ , 1 9, before me, X� CGG /la r/ M ��' personally appeared av� �2- se r v rr personally nown o me (or proved to me on the basis of satisfactory evidence) to be the pers (s� whose names is are subscribed to the within instrument and acknowledged to me thaf her/they executed e same in is er/their authorized capacit es), and that byjis her/their signatur Kon the instrument the perso%'11 or the entity upon behalf of which the persons(s) acted, executed the instrument. INITNE my hand and official seal. SHAUNA LYN OYLER Commission # 1164149 z "'* Notary Public - California y Orange County My Comm. Eg*es Dec 5, 2001 Notary Public in and r said Stat (This area for official notarial seal) STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) On AoIJ r- 1 , 1999, before me, LOW01y . Wpersonally appeared 40tA0- I,- 6WQA0 ACID 4 4k M. 9tyg/M> , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persor-os whose names isg� subscribed to the within instrument and acknowledged to me that his/her/executed the same in his/her/th�) authorized capacity les , and that by his/her/signatureon the instrument the person sue' or the entity upon behalf of which the person SOacted, executed the instrument. WITNESS my hand and official seal wmt/ V Notary Public in and for said State F\WP51\GILBERT\AGNICHLER-SDEASEMENT99CDM. DOC LEILANI V. INES 11-7 Commission # 1170960 Z -e No -cry Public - California Orange County My Comm, Expires Jan 25, 2'002 (This area for official notarial seal) � I WNE r 1 `as00 , lope ap 01 co LP I I I S N N' N , ' I b �hry) c- I T a �h /7 �h' I�I ^' .. I �iOn 1 I' i I I I I V ' V 41 I I NO c0 p j 1 ' Cl�• � n I I _.; _:7 I 1 1 rV of I '� ' I llJ I I III SG I b` k• I I Nb 10 Dry � n I I I � QM W 0�C 8b/rJ i 117T/7- I Z I I 'k' I I I I i�� i I i i � ✓V LQ 1 1 1 II I �G I I 1 f I� Z - - - �� II«,18. '`.• N ' I ��i � i irl o�� ' ! IU.' �✓ O W N I ROhOO�NJOn O�\ V C� LIFT °' Ili ! v co TA TION Q �� 1 1 •- - - - - - - _ �' '� I ct i I I' O tSJ I � II j IO Q o W (n I I, .•. N I I I �fJ 'V CL = W LLI = izz W- M. I I L _ t J i � ' ° �• at/3H.Uns d0 3 d Ial as 00,00 / i 100,J I , NO TES: 1 TOP"APHIC DATA PRONDED BY THE CITY OF NEWORT BEACH COBS TRUC TION NOTES: XCONS7RUCT 24- RCP (20000) PER CITY OF NEKPORT BEACH DRAW/NG STANDARD 106-L XCONSTRUCT SLURRY BACXFIL L TO 6" A41NIMUY OVER THE TOP OF THE PIPE WITHIN THE LIMITS A SHOW IN THE PROf7L£ O3 CONS7RUCT Pa. ETHYLENE FOAM BARRIER (I. 7H1CK MINIMUM) ADJACENT TO PIUNCS PRIOR 70 SLURRY BACYnLL O4 CONSTRUCT DOUBC£ COURSE 112" PLYWOOD CAP AT END OF PIPE OVENTS TO BE REVOVED AND PLUGGED BY CONTRACTOR PER THE CITY OF NEWPORT BEACH REQUIREMENTS KEY I'O TES [A PROTECT TREE IN PLACE aPR07ECT TELEPHONE CONDUITS AND VAULT IN PLACE ❑3 PROTECT SEWER MAIN IN PLACE ❑4 PROTECT CAS MAIN IN PLACE ❑5 PROTECT ELEC77?1CAL CONDUIT IN PLACE n-BLANK- ❑? KALL TO BE REMOVED BY THE 2323 BAK370E RESIDENCE DRIVE CON 7RACTOR ❑8 WAM? METER TO BE RELOCATED BY 77YE 2323 BA.YYOE MVE RESIDENCE CON TRACTOR ❑9 FUTURE FIREPLACE BY THE 2323 BAYSIDE DRIVE RESIDENCE CONTRACTOR 1D FUTURE SCREEN WALL BY THE 2323 BAYSIDE DRIVE RESIDENCE C0Y7RACTOR 11 PROPERTY CORNER TO BE LOCATED AND RESFORED IF DAMAGED BY CON 7RACTOR AT HIS EXPENSE 12 VERIFY EXACT LOCA77ON OF PIUNGS, USE EXTREME C4U7TOM, AND PROTECT IN PLACE 13 FUTURE STORY DRAIN EX7ENSON 14 PR07ECT WATER METER IN PLACE 15 PROTECT ELECTRICAL PANEL IN PLACE DISTANCE FROV RECORD PROPERTY LINE TO PROPOSED BUILDING CORNER 2 OF 3 XH/ T ,;� NORTH 1313 Jot\ CORONA n ".. 11 (s) TIC -ACT BLOCK N 42053'30" E e = 00'39'15' 10.33' L = 0.00' G�e�e�a S.55°4013" W �MOroed 536 n 2740_49'37" W S DR. COON P.O.B. DRAINAGE EASEMENT EXHIBIT "A" \lr3 OF 3 Ne+pcn " - Sr•