HomeMy WebLinkAboutC-6457 - Encroachment Agreeement EPN N2001-015 for 1410 Kings RoadRecorded in Official Records, County of Orange
Gary Granville, Clerk -Recorder
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ENCROACHMENT AGREEMENT ,�t 15 ,)
(EPN2001-015) e
n
THIS AGREEMENT is made and entered into this -,� day of
2001, by and between Bill McCullough; 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 1410 Kings Road, Newport Beach, California and legally
described as Tract 1218, Block F, Lot 7 as shown on a map recorded in Book 38, Pages 26 —
27 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 (hereinafter "PERMITTED IMPROVEMENTS") within Kings Road right-of-way
(hereinafter "RIGHT-OF-WAY") that is located adjacent to 1410 Kings Road, Newport Beach,
California and legally described as Tract 1218, Block F, Lot 7 as shown on a map recorded in
Book 38, Pages 26 — 27 inclusively of Miscellaneous Maps in the office of the County
Recorder of Orange County, California;
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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RECORDING REQUESTEF 1ND
[�
WHEN RECORDED RETUKN TO:
1�
J
Public Works Department
c�
City of Newport Beach
Post Office Box 1768
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3300 Newport Boulevard
Newport Beach, CA 92659-1768
Recorded in Official Records, County of Orange
Gary Granville, Clerk -Recorder
11111111111111111111111111111111111111111111111111111111116.00
2001008963911:06am 02120101
117 27 Al2 6
0.00 0.00 0.00 0.00 10.00 0.00 0.00 0.00
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT ,�t 15 ,)
(EPN2001-015) e
n
THIS AGREEMENT is made and entered into this -,� day of
2001, by and between Bill McCullough; 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 1410 Kings Road, Newport Beach, California and legally
described as Tract 1218, Block F, Lot 7 as shown on a map recorded in Book 38, Pages 26 —
27 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 (hereinafter "PERMITTED IMPROVEMENTS") within Kings Road right-of-way
(hereinafter "RIGHT-OF-WAY") that is located adjacent to 1410 Kings Road, Newport Beach,
California and legally described as Tract 1218, Block F, Lot 7 as shown on a map recorded in
Book 38, Pages 26 — 27 inclusively of Miscellaneous Maps in the office of the County
Recorder of Orange County, California;
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;
1
NOW, THEREFORE i consideration of the mutual pron ,s, the parties hereto agree
as -follows:
1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as
new flagstone flatwork sent in concrete, entryway stairs, lowrise retaining walls (24" high) and
appurtenances in Kings Road right -of -away as shown on EXHIBIT "A" attached hereto and as
approved by the City Engineer. Landscaping in right-of-way shall be kept to a maximum
height of 36" within 5 feet from back of curb in the Kings Road right-of-way. 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 as 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. However, nothing herein shall be construed to require OWNER to maintain, replace
or repair any private -owned or CITY -owned pipeline, conduit or cable located in or under said
PERMITTED IMPROVEMENTS, except as otherwise provided herein.
c. If private -owned, 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.
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d. That she J the CITY be required- to enter o 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.
7. 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.
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IN WITNESS WHE :OF, the parties inereto have ci ed this Agreement to be
executed on the day and year first -above written.
CITY OF NEWPORT BEACH,
a Municipal corporation
APPROVED AS TO FORM:
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By: By:
Attorney
City Clerk
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OWNER:
City Ma ager
By: )Zza %
Bill McCullough *"-
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STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On as
2001, before me
personally appeared ✓ / / C C' u//du Gi , personally,
known to me (or, -'proved to me on the basis of satisfacto evidence) to be the person
whose names /are subscribed to theWithin ithin instrument and acknowledg d to me that
he/they has executed the same in hi /her/their authorized capacity(iand that by
/her/their signature) on the instrument the perso or the entity upon behalf of which the
person acted, executed the instrument. /
---_WITNESSwmy hand and official seal.
Notary Public in and o said State
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
' SHAUNA LYN OYLER
Commission # 1164149
Z • 'a► Notary Public - California
Orange County
L11± My Comm. Expires Dec 5, 2001
(This area for official notarial seal)
On A_ ar 03� , 2001, b fore me,_
personally ap -eared vw..Q" L � A� ��-� `°6w -
known to me _(ter—a e d to -rte, r -t om;-�;- ti�faa;#�iwell
kjt s,i personally �V-L.
to be the perso (s)�)
whosegnm(�s) pis are subscribed to the within bstrument and acknowled ed to me thathe/sha executed the same in his/hertheir; uthorized ca acitand that b'p y
his/hesignatur s)�q)n the instrument the perso (s)pr the entity upon behalf of which the
person acted, execute the instrument.
WITNESS my hand and official seal.
t Commission # 1 174329 Z
z :,� Notary Public - California y
•
Notary Public in a dOrange County
_, r sa d State NVComm.BpfresFeb21,2002
(This area for official notarial sea])
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