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HomeMy WebLinkAboutC-5690 - Encroachment Agreement EP99-409 for 3625 Ocean Blvd` RECORDING REQUESTEC CJD �pp WHEN RECORDED RETURiv TO: ._J Office of the City Clerk 1 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 20000121145 4:09PM 03/07/00 004 00149912 108 73 003 09 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Doc Types: 003 Space above this line for Recorder's use only. 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; 1 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. 2 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. 3 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. 2 of £xH/2ir'A" IIHIlf11I31HI1111UIu11l y�M 1 ;;('' 141 1 gi • YA■ .1T. Pi! 1 i ii i. ii .1 k if h ii Ii ' ft tfi ii ii i a I 16 I \ ►► A .11 11.:. Ws u::siii:,s 61.A�I 1v 4 - .! _. / I. Rai' •_• r• till 1 4 It ICE g 1 1