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HomeMy WebLinkAboutC-4591(A) - Encroachment Agreement (for 2800 West Coast Highway)/1 -'RECORDING REQUESTED, .4D WHEN RECORDED RETURN TO: Cr V ' Public Works Department City of Newport BPF,c.h Post Office Box 17 i 3300 Newport Boulevar d Newport Beach, CA 92659-1768 Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder III 1 II II I III Hill III No Fee 005 15010875 159980323891 3:16pm 05/26/98 42 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 Encroachment Agreement supersedes the Encroachment Agreement executed on August 3, 1988 and recorded on September 7, 1988 as Official Record No.88-449446 in the Office of the County Rec?rder of Orange County, California. THIS AGREEMENT is made and entered into this /%(/, day of );?( , 1998, by and between YU-TER MAU, doing business as the CHINA PALACE, at 2800 West Coast Highway, Newport Beach, California, hereina'Ur referred to as "LESSEE", 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 referred to as "CITY"; WHEREAS, LESSEE owns and operates a Chinese restaurant known as the CHINA PALACE at 2800 West Coast Highway; and WHEREAS, in 1984, the City of Newport Beach approved a Conditional Use Permit authorizing construction of the restaurant and imposed a condition that required LESSEE to dedicate, to the extent of their leasehold interest, approximately eighteen (18') feet on the southerly side of the property and adjacent to Pacific Coast Highway for street widening purposes; and WHEREAS, LESSEE desires to reinstall/construct certain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within a portion of the eighteen (18') feet (on the southerly side of the property and adjacent to Pacific Coast Highway dedicated to the CITY for street widening purposes) of Lot F, Tract 919 as shown on a map recorded in Book 29, Pages 31 to 34 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; also known as 2800 West Coast Highway, Newport Beach, California; and WHEREAS, the CITY desires to permit reinstallation/construction of PERMITTED IMPROVEMENTS subject to LESSEE's commitment to remove the PERMITTED IMPROVEMENTS, at their sole cost and expense, prior to commencement of construction of any public improvements which will require removal of the PERMITTED IMPROVEMENTS. NOW, THEREFORE, in consideration of mutual promises the parties agree as follows: 1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as a sign, concrete patio with circular pads (7 each) for outdoor dining purposes, 6'-4" high wall with the lower part of the wall is solid at 2'-10" above existing sidewalk and the upper part (the glass part) is 3'-6" along the length of the building enclosing the outdoor dining area (landscaping outside of wall shall be maintained at a maximum of 30-inches high above the existing sidewalk grade elevation) , circular concrete booth with wooden bench and concrete stem wall, concrete steps, planters, landscaping, and appurtenances in that portion of the property dedicated to the CITY for street purposes, as shown on EXHIBIT "A" attached hereto and as approved by the City Engineer. 2. The CITY hereby grants permission to LESSEE to reinstall/construct PERMITTED IMPROVEMENTS as shown on Exhibit "A". Reinstallation/construction of PERMITTED IMPROVEMENTS shall be in accordance with the permit issued by the Building Department of the City of Newport Beach, and LESSEE shall maintain the PERMITTED IMPROVEMENTS in good condition and repair. 3. LESSEE agrees to remove the PERMITTED IMPROVEMENTS within (30) days after written notice that the City of Newport Beach intends to utilize that portion of the property on which the PERMITTED IMPROVEMENTS is installed for street or other public purposes. The CITY shall not send such notice to LESSEE unless funds for construction of the improvements have been budgeted, plans for the improvements have been approved by the City Council and construction is to commence within sixty(60) days from the date on which notice is given. In no event shall LESSEE be required to remove the PERMITTED IMPROVEMENTS prior to the time that other similarly situated owners are required to remove encroachments within City right-of-way. 5. This Agreement shall remain in full force and effect from the date of execution, shall run with the land, shali be binding upoi i the heirs, successors, and ass'gns of LESSEE's interest in the land, whether fee or otherwise, and shall be recorded in the Office of the County Recorder of the County of Orange, State of California. 2 IN WITNESS WHE1.iOF, the parties hereto have ca,..sed this Agreement to be executed on the day and year first above written. APPROVED AS TO FORM: By: ATTEST: City Attorney City Clerk CITY OF NEWPORT BEACH, a Municipal corporation B OWNERS/LESSEE: STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) On t,Z I/ fr , 1998, before me, ,T'iT t-A/ A ,SVe personally appeared /%% f i( , 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 his/her/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 persons(s) acted, executed the instrument. WITNE S my hand and official seal. lic in and -ors•, id State (This area for official notarial seal) e0R-•ra OFFICIAL SEAL ARMEN ASIK in D we�v.. F. NOTARY PUBLIC - CALIFORNIA 1pA EiCOMMISSION 1052443 in ORANGE COUNTY My Commission Exp. August 4, 199 STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) On _, \ 1998, before me. G. -�` j \- - personally appeared t. v\ Y'1 . \-\ , porsonal ly wn to me (0<pre,veti 411116 t -- th ba`lkis tf-satisLaetory evi e rce) to be the person whose name ) is are subscribed to the within instrument ang acknowledged to me that his a /they executed the same in his/ltheir authorized capacity(i), and that by his /e /their signature f) on the instrument the person(' or the entity upon behalf of which the persons( WITNESS my hand and official seal. Notary Publi, in and for said State F:\USERS\PBW\GW ONG\W P51\AGWIAU97.DOC acted, executed the instrument. (This area for official notarial seal) CATHY FISHER Commission # 1174329 Notary Public - California Orange County My Comm. Epes ,b21.202 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 /l./1../,/%/l,/lllllti.l�"lll../../lJl./l1-/11�J1.11../l✓lJ,/1.1../.Yl1./l�.l✓./lllr'l�-/IllJ' State of acA County of Ou--� - On Q-'alg DATE personally appeared before me, NAME,/VITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" ) Co\ok personally known to me - OR - II CATHY FISHER Commission # ; 74329 } Notq z ry Public - California > Orange COu ;y M?y Comm NAME(S) OF SIGNER(S) to be the person( whose name( is are subscribed to the within instrument and ac- knowledged to me that he she/they executed the same in hi /her/their . uthorized capacity is), and that by I� er/their 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. SI 3NATURE OF NOTARY OPTIONAL 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. II II CAPACITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE OFFICER TITLE(S) PARTNER(S) -I ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: LIMITED GENERAL SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT EAINAit GeArP0A--* J\Thc4"-2AJ TITLE OR TYPE OF DOC ENT 5 NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ,/ill./J./I`/l/l./1.YJ/..�Il.CI./l1-/Jl-/./lJlJ/1lle"./IIIIY.�%I✓+�-/./1.�"�J.Y ../1` ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 N t 1 Qst A 3 T { S J 1 1-19/ 3 H •xV w „2 I z —• 6" z r- i A `I I1.-cf"II , III-01 £ ' i •.