HomeMy WebLinkAboutC-5690 - Encroachment Agreement EP99-409 for 3625 Ocean Blvd`
RECORDING REQUESTEC CJD
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WHEN RECORDED RETURiv TO:
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Office of the City Clerk
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City of Newport Beach
v
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659-1768
Recorded in the Coun> >f Orange, California
Gary L Granville, C1erK/Recorder
No Fee
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ENCROACHMENT AGREEMENT
(EP99-409)
THIS AGREEMENT is made and entered into this Sf day of�C%;r
2000, by and between William R. Benz (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"),
"OWNER" is the owner of property located at 3625 Ocean Boulevard, Newport Beach,
California and legally described as a portion of Block "A", Corona Del Mar Tract, (hereinafter
("SUBJECT PROPERTY") as shown on a map recorded in Bc * 3, Pages 41 and 42
inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County,
California;
WITNESSETH:
WHEREAS, OWNER desires to construct and maintain certain non-standard
improvements and existing non-standard improvements (hereinafter "PERMITTED
IMPROVEMENTS") within the Ocean Boulevard right-of-way (hereinafter "RIGHT-OF-WAY")
serving of a portion of Block "A", Corona Del Mar Tract, as shown on a map recorded in Book
3, Pages 41 and 42, inclusively of Miscellaneous Maps in the office of the County Recorder of
Orange County, 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 pai Lies 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, consideration of the mutual promi ;, the parties hereto agree
as follows:
1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as a
24" X 24" colored concrete paving patio with stone veneer block wall/planter, a water fountain
with retaining wall, a grouted tile entry way, a stamped colored concrete driveway/approach,
drainage system, landscaping, and appurtenances in the Ocean Boulevard right-of-way as
shown on EXHIBIT "A" attached hereto and as approved by the City Engineer. In addition, the
proposed PERMITTED IMPROVEMENTS may vary at the time of construction. Hence, any
changes must be approved by the City Engineer and shall be on shown on the "As Built"
plans.
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. In addition, any new and existing trees, shrubs, and landscaping that are on the
adjacent City property shall be maintained below the existing top of curb elevation at all times.
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.
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c. If City c )ther public facilities or improved ;its 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 this Agreement, the prevailing party shall be entitled to reasonable
attorneys fees and costs incurred.
6. OWNER shall defend, indemnify, waive, 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.
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7. OWNER shall , ;ept the fact that surface drainag Nater may enter onto the
"SUBJECT PROPERTY" from "RIGHT-OF-WAY" located in the City of Newport Beach, County
of Orange, State of California, as depicted on Exhibit "A" attached hereto, whether naturally or
as a result of the development or improvement of the "RIGHT-OF-WAY".
8. OWNER shall accept and waive any and all liability for any damages to the
"SUBJECT PROPERTY" caused by the flow of such surface drainage water onto the
"SUBJECT PROPERTY". OWNER shall defend, indemnify, waive, 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 to surface drainage water
entering the "SUBJECT PROPERTY" from the "RIGHT-OF-WAY".
9. OWNER agrees 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.
CITY OF NEWPORT BEACH,
a Municipal corporation
APPROVED AS TO FORM:
By: By:
City Attorney
City Clerk
4
OWNER:
STATE OF CALIFORNIA )
)ss -
COUNTY
ss:COUNTY OF ORANGE )
On _ 20 before me,g)14 O 4J`aoj
personally appeared , personally
known to me e ) to be the person(sl
whose name() is/afe subscribed to the within instrument and acknowledged to me that
he/sem has executed the same in his/her/tft& authorized capacity), and that by
his/her/their signature) on the instrument the person�s'j or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
STATE OF CALIFORNIA )
)ss -
COUNTY
ss:COUNTY OF ORANGE )
On -M,kpm 1 2000, before me, lkll. ► ��
personally appeared D �0k �' personally
known to me ) to be the persona
whose name is/subscribed to the within instrument and acknowle ged to me that
he/she has executed the same in his/her/ eir uthorized capacit (ies and that by
his/he /th ' signatur (s on the instrument the persos) r the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal. - — — — —,
wu�u �' CDWP
Notary Public in and for said State
LEILANI V. INES i
andra M, Bene` bn'�'Comm,
IWO*
#1140 78TARY PUBLIC CALIF®RNIAORANGE
Pu lic in and for said State
COUNTYotary
OMM Exp, Aug, 23, 2 r
(This area for official notarial seal)
My C , r,rr.:xoires Jon 25, 2002
STATE OF CALIFORNIA )
)ss -
COUNTY
ss:COUNTY OF ORANGE )
On -M,kpm 1 2000, before me, lkll. ► ��
personally appeared D �0k �' personally
known to me ) to be the persona
whose name is/subscribed to the within instrument and acknowle ged to me that
he/she has executed the same in his/her/ eir uthorized capacit (ies and that by
his/he /th ' signatur (s on the instrument the persos) r the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal. - — — — —,
wu�u �' CDWP
Notary Public in and for said State
LEILANI V. INES i
Commiss on # 1170960
Z :��i
Z
No a.ry Public - Californip >
Orange County
My C , r,rr.:xoires Jon 25, 2002
(This area for official notarial seal)
F:\USERS\PBW\GWONG\WP51 \AG\S PATAROEP99-257CDM. DOC
5
NEW COLORED CONC.
W/ 24"X 24" GRID PATTERN
FINAL COLOR SELECTION
APPROVED BY OWNER
TYPICAL PLANTER WALLS WIT4-i
PLASTER FINISH TO MATO-I
NOUSE 4 STONE CAP.
I2"XI2" ACCENT TIRE
FRONT ENTRY. FINAL SELECTION
APPROVED BY OWNER
EXISTING PLANTING AREAS
SI-IALL REMAIN. SUPPLEMENT
WITI-I NEW COLOR PLANTING
PEN PLANTING PLAN.
EXISTING PLANTING SHALL BE
REMOVED. NEW RENOVATED PLANTING
AS PEN PLANTING PLAN.
NEW ACCENT COLOR PLANTING
LOCATED IN RAISED PLANTERS.
REFER TO PLANTING PLAN.
TYP. WATER FEATURE WITH
WALL MOUNTED FOUNTAIN.
/ OF 4
EXHIBIT "A"
O
•: =tip::❖:❖:
5-1
LEGEND
NEW PHOENIX RCEBELENII, PIGMY PALM
24' BOX SINGLE TRUNK
1 6AL. SIZE BEGONIA RICHMONDEN515
SPACED • 15' O.G. APPLY MiILCH BETWEEN
PLANTS.
16ALROGALLIS YFI 1 nW / ORANGE'
DAYLILIES SPACED • lb" O.G. APPLY MULCH
BETVEEN PLANTS.
1 6AL. TRACHELOSPERMUM JASMINOIDES,
STAR JASMINE. SPACE AS INDICATED.
TRANSPLANT INTO 2 OR 5 6AL. CONTAINER
4 PLACE ENTIRE CONTAINER INTO RAISED
PLANTER APPLY A DECORATIVE BARK
TOP DRE551H5' OVER ALL CONTAINERS,
p EXISTING PLANTING CONSISTING OF
STAR JASMINE, A&APANTHVS, RHAPHIOLEPIS I
LANTANA SHALL REMAIN GLEAN 4 SHAPE
AS REQUIRED.
• EXISTING PLANTIN6 CONSISTING OF
HIBISCUS SHALL REMAIN. GLEAN 4 SHAPE
UNDER DIRECTION OF LANDSCAPE ARCHITECT.
® EXISTING GIANT BIRD OF PARADISE SHALL
REMAIN, CLEAN / PRUNE AS REQUIRED,
® NEVI PLANTIN6. REFER TO LE&END THIS SHEET.
m EXISTING PALMS SHALL REMAIN. CLEAN
4 SHAPE AS REWIRED.
® NEW WALL PLANTER W/ STAR JASMINE.
REFER TO LE619412.
® EXI5TIN6 PLAITING CON`t515TIN6 OF GARISSA
6RANDIFLORA, MYOPORUM, FLOWERING PLUM
SHAH. REMAIN. CONTRACTOR SHALL Y.UT-BACK'
4 PRUNE IN ORDEFL TO REFLECT NEW RETAINING
WALL 4 FOUNTAIN WALL LOCATIONS.
® EXI5TIN6 RHAPHIOLEPI5 WITHIN THIS AREA SHALL
BE REMOVED NiD/OR TRANSPLANTED AS INDICATED.
® NEW STAMPED CONC. DRIVEWAY. REFER TO
HARDSGAPE PLAN.
® WevitTRo.
TO DT E'TAILS.
• EXISTING MELAL EUCiA SHALL BE REMOVED.
® NEW HARD5GAPE PAVING AREA
REFER TO HARDSGAPE PLAN.
® PROPOSED WATER FEATURE.
REFER TO FOUNTAIN DETAILS.
® REL 0 ATE EXLSTIN6 C.L. FENCE
APPROX. 24'-56' MAX. OUT TO
EDGE OF BLUFF.
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