HomeMy WebLinkAboutC-2328 - License Agreement for Encroachment Into Public Right of Way on Pacific Coast HighwayMarch 22, 1982
CITY COUNCIL AGE WA
MAR 22 1982 ITEM N0.r�
TO: CITY COUNCIL By the CITY COUNCIL
CITY OF NWYORT RGACFI
FROM: Public Works Department
SUBJECT: LICENSE AGREEMENT BETWEEN SHELL OIL COMPANY AND THE CITY OF
NEWPORT BEACH
LOCATION: Northerly side of Pacific Coast Highway westerly of Jamboree Road
RECOMMENDATIONS:
1. Approve a license agreement for encroachment into the public
right -of -way.
2. Authorize the Mayor and the City Clerk to execute the agreement.
DISCUSSION:
The Irvine Company has granted an easement to the City of Newport
Beach for street and highway purposes along the northerly side of Pacific Coast
Highway westerly of Jamboree Road, as shown on the attached exhibit.
The propery contiguous with the easement is leased from The Irvine
Company by Shell Oil Company. The site, as presently developed, has an exist-
ing canopy which encroaches approximately two feet into the air space over the
easement.
The subject license agreement will allow the existing canopy to re-
main in place until the current lease expires in 1983, or until Shell Oil
Company ceases to use the property as a commercial gasoline station, whichever
occurs first.
The City has reserved the right to revoke the license agreement
upon 180 days' notice to the Shell Oil Company.
It is recommended that the subject license agreement be approved.
Benjamin B. Nolan
Public Works Director
RLH:jd
Att.
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March 15, 1982
TO: 1 TT L_
61' CITY CLERK
FROM: Public Works Department
SUBJECT: LICENSE AGREEMENT FOR SHELL OIL COMPANY
Attached are the folloi ig:
1. Original and two copies each of a License Agreement.
The Public Works Department has reviewed the agreement and has
found it to be in order.
Action Requested:
't Attorney
a. .Approv , ent as to form.
b'. Forw all c to the ;City Clerk.
c. orize the Mayor ity Clerk to execute the agreement.
r.
City-Clerk.
a. Present agreement to City Council for approval.
b. Have Mayor execute the agreement.
c. Retain original of agreement for your files
and return all copies to Public Works Department.
1-
Benjamin B. Nolan
Public Works Director
RLH:em
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LICENSE AGREEMENT
THIS AGREEMENT is made and entered into this 28�5 day
of 1JECe�n ,3 e'L 1981, by and between the City of Newport
Beach, a chartered Municipal Corporation (hereinafter "City "),
and SHELL OIL COMPANY (hereinafter "Shell "):
W I T N E S S E T H
WHEREAS, The.Irvine Company proposes to grant an easement to
the City of Newport Beach for street and highway purposes over
real property situated in the City of Newport Beach, County of
Orange, State of California, located on the northerly side of
Pacific Coast Highway west of Jamboree Road; and
WHEREAS, Shell is a Lessee under an unrecorded Lease dated
September 1, 1967, with The Irvine Company as Lessor, covering a
portion of said property as more particularly described in the
attached legal description marked Exhibit "A" and as depicted on
the attached map marked Exhibit "B ", both exhibits which are made
a part herein by this reference; and
WHEREAS, City is desirous of granting to Shell a license to
allow Shell's existing canopy to encroach into the airspace above
the easement to be granted to City, without any obligation on the
part of Shell to either remove the canopy or pay rent until the
current term of the unrecorded Lease expires.
WHEREFORE, in consideration of the mutual promises herein
contained, the parties hereto agree as follows:
1. City hereby grants to Shell a license to occupy and use
the airspace presently occupied by a canopy and which
lies above the real property over which an easement for
street and highway purposes is to be granted to City by
The Irvine Company.
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2. This license will permit only the continued use of the canopy
and should the canopy cease to occupy the airspace, for any
reason, or should Shell cease to use the property as a commercial
gasoline station, then this license shall terminate.
3. This license shall, unless earlier terminated as provided above,'
terminate as of the expiration of the term as provided in the
existing unrecorded leaser
4. Further, City reserves the right to revoke this License
Agreement at any time, upon giving Shell one hundred and eighty
(180) days' prior written notice of its intent to revoke.
5. Shell shall not assign its interest in this License Agreement
and any attempt to do so will render this license void and of
no effect.
2
IN WITNESS WHEREOF, the parties have executed this
agreement as of the date first above written.
ATTEST:
City Clerk
APPROVED AS TO FOP14:
M44 // 0
City Attorney
O 1 Oil Company
�c J. , MULKEY
MANAGER REAL ESTATE AOM1NJST 1` ji ,i
CORPORATE REAL ESTATE
3
CITY OF NEWPORT BEACH
A Municipal Corporation
That portion of Parcel 1 in the City of Newport Beach, County
of Orange, State of California as shown on the Parcel Map
filed in Book 23, page 18 of Parcel Maps in the Office of
said County Recorder of said County described as follows:
Beginning at the northerly terminus of that certain course
described as "S11 °26'53 "W 12.31 feet" of that parcel described
by the Grant of Easement to the City of Newport Beach as
recorded in Book 8555, pages 831 through 834 inclusive of
the Official Records in said office; thence Nll °26'53 "E
14.69 feet; thence S78 °33'07 "E, 196.91 feet to the beginning
of a tangent curve concave northwesterly having a radius of
36.17 feet; thence northeasterly through a central angle of
78 °13'37" an arc distance of 49.38 feet to the cusp of a
curve concave to the northwest having a radius of 50.00
feet, to which point of cusp a radial of the last mentioned
curve bears N66 046'44 "W, said curve being a portion of the
northerly boundary of said parcel; thence southwest through
a central angle of 77 °04'52" an arc distance of 67.27 feet;
thence N79 °41'52 "W, 184.41 feet along the northerly boundary
of said parcel to the point of beginning.
Containing 0.061 acres more or less.
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