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Home My WebLink AboutC-1631 - Encroachment Agreement (for 325 Holwood Drive)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 IL L. Granville, lIll Clerk/Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII rlll� J 0 008 8001636 08 24, 199 0801728 11:02am 11/10/95 Al2 7 7.00 18.00 0.00 0.00 0.00 0.00 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT �n THIS AGREEMENT is made and entered into this a?‘day of (/ jgE"i 1995, by and between Jurjen Vanderwal and Janke 0S Vanderwal (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 ITNESSET H: WHEREAS, OWNER desires to construct certain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within the Holmwood Drive right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to Lot 16, Tract 1136, as shown on a map recorded in Book 37, Pages 18 & 19 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; also known as 325 Holmwood Drive, 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 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 30" high wrought iron fence with 36" high cement block columns, and appurtenances in the Holmwood Drive 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, 2 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. 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 3 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: ity Attorney ATTEST: a)d7,,dld- d 4 CITY OF NEWPORT BEACH, a Municipal corporation By: OWNER: By: By: en Vanderwal aft Janke Vanderwal STATE OF CALIFORNIA Ss: COUNTY OF ORANGE On DC_.+�\-).-Qv- C;` L , 1995, before me, t 1 v 4 Ate �t1 1 i/Js�. personally appeared ►---1 ;�-: .A �)CZ ��; `o �> l.L ae 1 personally kno proved to me on the basis of satisfactory evidence) to be the person(-s� whose name(-s-) is/ subscribed to the within instrument and acknowledged to me that heks-hel-tftey has executed the same in his/hc-r/thcir authorized capacity O, and that by his/he heir signature-(-s-)• on the instrument the person (-s-)-. or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Pu is in and for sai)State STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE ) . N .. Iv* 0 .-...-.♦ lONrO MARY E. McFETRIDGE COMM. #972227 �u! NOTARY PUBLIC-CALIFORNIA ,. ORANGE COUNTY My Comm. Expires Aug. 26,1996 (This area for official notarial seal) On C.2-)e kt ►' <,)v- <-2�=, 1995, before e �av personally appeared �� a V1 KC �) Ci VA LC per -goal -fly known to .ne (ram proved to me on the basis of satisfactory evidence) to be the person{--s-) whose name (-s) is/ -a -e subscribed to the within instrument and acknowledged to me that -h--/she/they has executed the same in Sher/t+r±r authorized capacity(icc), and that by h her/ -them signature 4- on the instrument the person -es-)- or the entity upon behalf of which the persons4s3 acted, executed the instrument. WITNESS my hand and official seal. r l i Y Nota y Pubic in a F:\WP51\GILBERT\AG\VAND.95 EP-95-325 w d for said tate ..-..... •..• •-• r..-•-..w MARY E. McFETRIDGE 3 COMM. #9722270.3 NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY My Comm. Expires Aug. 26,1996 (This area for official notarial seal) 5 STATE OF CALIFORNIA )ss. COUNTY OF ORANGE ) On DC/-aC 1995 , befor9 me, Sha na L n O ler personally appeared ivi/9 u ?Ji zc1z� a3,/Z personally known to me (or roved to me on the basis of evidence) to be the pers•y hose nam is/are subscribed to the withi _ _..i strument and acknowledged to me that he/she/they executed the same in his/he eir thorized capaci ,hand that by his/h f r ignature n the instrument the ersor r the entity upon behalf of which the persorcted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said S'tate .00 Shauna Lyn Oyler � Fk� \. Comm. #1002681 NOTARY PUBLIC CALIFORNIA^°' ORANGE COUNTY Comm Rxpires Aug 22, 1997 -+ 'NOTE : DN THIS PRDP—RTY ARE a/..irma C vRB. 7. NO TREES , NO L IGNT STANDARDS. NO P1RE HYDRANTS, NO PARKING METERS, N 0 OTHER IMPROVEME N1'.5, EXCEPT -►"►f'c RE3tDENCE 61001 t 511. N6 • u y NEW FENCE 2 \I ARV GgRAGE v. STORAGE or4K L oT LINE D-t 'RESIDCNCE E X 157l N � �gD D DRIVE 325 }-{ DLM PROPOSED 2' ENCROACHME-NT INTO HDLMWOOD DRIVE VW _friThe.k CURB �( FLOWER POT. L pr---TYPic-AL FENCE .S CTION.. 9'-O"rYP. 7.r I, ROD IRON CFjbfiyT BLocki EXISTING GRADE, DATE : OcT. 6-pw, . SCALE i".=20' .. PRoPosED INSTALLATION OF ROD IRON FENCE LJITN 21 ENcRDACHMEt'4T INTO POLM WOOD DRIVE -M41. PROPERTY OWNER J. VANDERwAL 325 HOLMt.JOOD DRIVE NEWPORT $EA(N_CA R2663 (714) 631 __ 9484 .EXH/B/T "A"