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Home My WebLink AboutC-2907 - Encroachment Agreement (for 4615 Camden Drive)RECORDING REQUESTED AD WHEW RECORDED RETURN TO: City Clerk/ 77- City of NewporBeach Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92659-1768 ,JllN nnr 4 0a—Aa s r a9fa r ill.. . n f aJ ily�li_Vi_Ii1J i 4 h { ryry-t : cry r.0 1 `$ ' 7-i 1- 1 ?' r J C� .3 . J j r r Recorded in Official Records Of Orange County, California Lee A. Branch, County Recorder Page 1 of 6 Fees: $ 20,00 0.00 Space above this line for_Recorder's use only. Pa sT6-Pi ///es ENCROACHMENT AGREEMENT THIS AGREEMENT is made and entered into this 6 day of , 1993, by and between William T. Pascoe III and Sarah Pascoe, (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"); W I T N E S S E T H: WHEREAS, OWNER desires to retain certain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within the Camden Drive right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to Lot 132, Tract 3357, as shown on a map recorded in Book 107, Pages 1 through 7 inclusively of Miscellaneous Maps in the office.of the County Recorder of Orange County, California; also known as 4615 Camden Drive, Corona del Mar, California; and WHEREAS, said PERMITTED IMPROVEMENTS may interfere in the future with CITY'S ability to replace CITY and other public RIGHT-OF-WAY; and construct, operate, maintain, and facilities and improvements within WHEREAS; the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to permit OWNER 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 colored concrete drive approaches and grouted Bouquet Canyon scone in the parkway between the sidewalk and curb in the Camden Drive right-of-way as shown on EXHIBIT "A" attached hereto and as approved by the City Engineer. 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 RIGHT-OF-WAY, all in substantial conformance 1 with plans and specifications on file in the C—T. CITY will further allow OWNER to take all reasonable measures necessary or convenient in accomplishing the aforesaid activities. 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. OWNER and CITY further agree as follows: a. OWNER may 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, 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, OWNER shall be responsible for the cost of repairs. d. That should CITY be required to enter onto said RIGHT-OF-WAY to exercise its primary rights associated with said RIGHT-OF-WAY, 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 OWNER of its intention to accomplish such work, if any emergency situation does not exist. (ii) OWNER 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 only the cost of any removal of the PERMITTED IMPROVEMENTS affected by such work by CITY; (iv) OWNER agrees to pay all costs for renewal or restoration of the PERMITTED IMPROVEMENTS. 2 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 OWNER, CITY may enter upon the RIGHT-OF-WAY and remove all or part of the improvements installed by OWNER. 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. OWNER shall 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. OWNER agree 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: By: ATTEST: City Attorney A546_ City Clerk By: CITY OF NEWPORT BEACH, a Municipal corporation OWNER: By: illiam T. Pascoe, III 7:fa4,etk Sarah Pascoe 3 STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE On , 1993, before me, the undersigned, a Notary Public in and for the State, personally appeared Clarence J. Turner , known to me to be the Mayor of the City of Newport Beach and Wanda E. Raggio , known to me to be the City Clerk of the City of Newport Beach, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. WITNESS my hand and official seal. Notary Public in and for said State STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE On April 6, , 1993, before me, Doris C. Bogues, Notary Public , personally appeared Sarah Pascoe and William T. Pascoe ,personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) /are subscribed to the within instrument and acknowledged to me thatm/they executed the same in 1042/11eWtheir authorized capacity(ies), and that by h ar/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Signature _4(.) (This area for official notarial seal) COUNCIL\E-pascoe.ENC DORIS C. BOGUES COMM. # 974287 Notary Public — California ORANGE COUNTY My Comm. Expires SEP 30. 1996 4 f C� foN �HPore 1)( M F121►-1- /- -1-1IC4-CD ' . P�P=�� >-E 'fJ K�� Cz�Y- P�LUr✓ l� t`H LITTLE �v o�=�IL�r�� IMI�U�I�I�> -HOP L t_ � x.v/8/ T 2 I xTU 5 c,o t�G �' M I . Cg Imo" 0.c,, co Lou- ELP 1*- Nf J -Ty lSIt>-VuL st ( 0 Hi x 16-1: V I rli CO I-LJ Cf.-' I f� .