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Home My WebLink AboutC-1666 - Encroachment Agreement (for 407 Kings Place)C&D) 7L14 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 Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder IIII II011I II III II I IIII 111 111 22.00 19960011739 09:51am 01/09/96 005 22004236 22 18 R12 6 7.00 15.00 0.00 0,00 0.00 0.00 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT i29 1996 j CITY cU::RK cirr OF NtWPORT BEACH THIS AGREEMENT is made and entered into this 7 day of 40 / 1,1 , 1995, by and between Howard Larsen (hereinafter (y "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"); WITNESSET H: WHEREAS, OWNER desires to construct certain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within the Kings Place public right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to Lot No. 66, as shown on Tract 1218 recorded in Book 37, Pages 48 and 49 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; also known as 407 Kings Place, 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 rf ad 1 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 a grouted brick driveway approach in the Kings Place 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 an 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 3 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 O FORM: By: City Attorney ATTEST: 4 CITY OF NEWPORT BEACH, a Municipal corporation By: Ass/s��ty Manager OWNER: By: /(k.t,S) Howard Larsen STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE within On 2lICL"//7&/ / , 1995 before e, ka l ,7 er- personally appeared G(CeQm"(�pr��q_ �• /D personally known to me (or ed to moon the basis of tisfactory evidence) to be the perso s whose name is/ subscribed to the acknowledged to me that he/she has executed authorized capacity , and that by instrument and the same in his/her/�� his/her/signature s) on the instrument t e person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official Notary Public in and for sair. State STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE On l)1t1/y?/2(1L �� 1995, befo e me, Shauna Lyn Oyler k V Comm #1002681 ^^ t7 . f NOTARY PUBLIC CALIFORNIAUJ cc t �J ORANGE COUNTY 0 L 411. Comm. Expires Aug 22. 1997 -► v v J v v v v v v (This area for official notarial seal) //^^ , r� (asJ/I1a �J7 personally appeared �l�] �A.,� personally known to me (or proved to me on the basis of satisfactory evidence) to be the person % whose name(,) is — subscribed to the within instrum�t and acknowledged to me tha I has executed the same in is /their authorized capacity), and that by is c-r/tl1eii sign.atur_e�(,') on the instrument the person (rs'�) or the entity upon behalf of which the persons) acted, executed the instrument. WITNESS my hand and official seal. in a for said State F:\WP51\GILBERT\AG\LARSEN.95 ; MONIQUE JUTE CORim. # 1011465 it) 3 �►�✓ ' B. NOTARY PUBLIC . CALIFORNIA Orange County My Conn. Expires Dec. 25,1997 .fie (This area for official notarial seal) 5 ITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SKETCH FOR ENCROACHMENT PERMIT NO. EP- E X H / L3 / 7" Job Address Owner Telephone No. 1«NCS FL��t Existing Curb and Gutter J 0- -I IT_1_ l -1 7 T I I GPoo-c BrL\CK D‘,3 A P P Cz 0 A C t-t fr J Applicants Signature Date Please make a sketch of the immediate vicinity showing all property lines, dimensions street names, location of trees, light standards, fire hydrants, parking meters or other existing improvements which might be affected by the proposed encroachments. Works shall be done according to City Specifications and is subject to City inspection.