HomeMy WebLinkAboutC-2692 - Encroachment Agreement (for 430 Snug Harbor Road)00
RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659-1768
11—MAY-1995 10:1 , AM
Recorded in Official Records 064
of Orange County, California
Gary' L. Granville, Clerk -Recorder
Py'3e 1 of 7 feas: 3
T.yx:3 0.00
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
THIS AGREEMENT is made and entered into this j day of
, 1995, by and between Brant Hartsock and Heather
Harrtsock (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
the State of California, (hereinafter "CITY");
WITNESSET H:
WHEREAS, OWNER desires to construct certain non -
improvements (hereinafter "PERMITTED IMPROVEMENTS") with
Snug Harbor Road right-of-way (hereinafter "RIGHT-OF-WAY")
that
is located adjacent to Lot 115, Tract 1218, as shown on a map
recorded in Book 37, Page 49 inclusively of Miscellaneous Maps in
the office of the County Recorder of Orange County, California;
also known as 430 Snug Harbor Road, 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
RIGHT-OF-WAY; and
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;
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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 a grouted "Bouquet Canyon" stone concrete carriage
walkway, 3' high wood picket fence over a grouted "Bouquet
Canyon" stone mow strip, 3' wide planter (flush), and grouted
"Bouquet Canyon" stone mow strip, and appurtenances in the Snug
Harbor Road right -of -away 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
with plans and specifications on file in the CITY. 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
2
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.
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
3
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:
City Attorney
ATTEST:
4
CITY OF NEWPORT BEACH,
a Municipal corporation
By:
OWNERS:
By:
By:
ayor
Brant Hartsock
STATE OF CALIFORNIA
ss:
'COUNTY OF ORANGE ) r--
On I L C� __� 1995, bef re me, I : .� `(I,
personally appeared ,(
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personally known to me (or `proved to on he basis of sati 'actory
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.
WITNFSS my
Notary Pubrlc iii a"nd\ for said State
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ni and official seal.
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STATE OF CALIFORNIA )
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COUNTY OF 0
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TARA SURGUINE
COMM. # 1027155
Notary Public — California
ORANGE COUNTY
My Comm. Expires OCT 24.1998
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personally appeared ' `1,! V < J �� � L� i�
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personally known to me (or proved to me on the basis of sasfactory
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 persons(s) acted, executed the
instrument.
WIT SS myth- nd and official seal.
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in a d for said State
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TARA SURGUINE
COMM. # 1027155
Notary Public — California
ORANGE COUNTY
My Comm. Expires OCT 24.1998
(This area for official notarial seal)
STATE OF CALIFORNIA
COUNTY OF ORANGE
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personally appeared
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personally known to me (or proved 'to me on the basis of
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subscribed to the within instrument and ad-knowledged to me that
he/sh-jt0ey executed the same in his/her/their ' authorized
capacit"( ei' s), and that by his/her their signature(s) on the
instrument the person((.)_,or the entity upon behalf of which the
persons) acted, executed the instrument.
WITNESS my hand and official_seal.
Notary Public in anid for said State
Shauna Lyn Oyler
Comm #1002681 NOTARY PUBLIC CALIFORNIA�°^,
ORANGECOUNTY
Comm Expirot Aug 22. 1997 ;
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