HomeMy WebLinkAboutC-6464 - Encroachment Agreement EPN N2003-025 for 3001 Seaview AvenueRecorded in Official Records, Cou?►ty of Orange
Tom Daly, Clerk -Recorder
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ENCROACHMENT AGREEMENT
(EPN2003-0025)
THIS AGREEMENT is made and entered into this 3_�_J day of
bice v 2003, by and between Nickim--Shubin and Donna J. Shubin
(hereinafter " WNER"), 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 3001
Seaview Avenue, Newport Beach, California 92625 and legally described as Lot 34 and NE'ly
10 feet of Lot 32 of Block 136, of Corona Del Mar Tract as shown on a map recorded in Book
4, Pages 31 and 32, inclusively of Miscel!anecus Maps in the office of the County Recorder of
Orange County, California.
WITNESSETH:
WHEREAS, OWNER desires to construct certain non-standard improvements
(hereinafter "PERMITTED IMPROVEMENTS") within the Seaview Avenue and Iris Avenue
right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to Lot 34 and NE'ly 10
feet of Lot 32 of Block 136, of Corona Del Mar Tract as shown on a map recorded in Book 4,
Pages 31 and 32, inclusively of Miscellaneous Maps in the office of the County Recorder of
Orange County, California; also known as 3001 Seaview Avenue 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
RECORDING REQUESTED AND
9
WHEN RECORDED RETURN TO:
Public Works Department
City of Newport Beach
Post Office Box 1768
Newport Beach, CA 92659-1768
Recorded in Official Records, Cou?►ty of Orange
Tom Daly, Clerk -Recorder
111HP11131 1Ili! !11111!!II111L11111! i11111111111111111►111111120.00
2003000245004 04-10PITI 03105103
119 75 X412 8
0.00 O.Oo 0.00 0.00 14.00 0.00 0.00 0.00
Space; above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
(EPN2003-0025)
THIS AGREEMENT is made and entered into this 3_�_J day of
bice v 2003, by and between Nickim--Shubin and Donna J. Shubin
(hereinafter " WNER"), 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 3001
Seaview Avenue, Newport Beach, California 92625 and legally described as Lot 34 and NE'ly
10 feet of Lot 32 of Block 136, of Corona Del Mar Tract as shown on a map recorded in Book
4, Pages 31 and 32, inclusively of Miscel!anecus Maps in the office of the County Recorder of
Orange County, California.
WITNESSETH:
WHEREAS, OWNER desires to construct certain non-standard improvements
(hereinafter "PERMITTED IMPROVEMENTS") within the Seaview Avenue and Iris Avenue
right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to Lot 34 and NE'ly 10
feet of Lot 32 of Block 136, of Corona Del Mar Tract as shown on a map recorded in Book 4,
Pages 31 and 32, inclusively of Miscellaneous Maps in the office of the County Recorder of
Orange County, California; also known as 3001 Seaview Avenue 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 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
grouted stone pavers carriage walk way and landing, landscaping, and appurtenances in the
Seaview Avenue and Iris Avenue right-of-way as shown on EXHIBIT "A" attached hereto and
as approved by the Public Works Department. In addition, the proposed PERMITTED
IMPROVEMENTS may vary at the time of construction. Hence, any changes must be
approved by the Public Works Department and shall be 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.
2. 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
therefore 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
2
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 all or 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,
replacement, 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, replacement, 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 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
3
(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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the day and year first above written.
APPROVED TO FORM:
By:
l,�,
0151 -Attorney
ATTEST:
�
B I M
Y•
City Clerk
CITY OF NEWPORT BEACH,
a Municipal corporation
By:
City anager
OWNER:
By: t J1 �, vow
Nick4o Shubin
n, •
�y..
•
4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Califo
nwv ss.
County of
On�before me, ►dC ��a�� !� �il
Date Naipe nd Titl``e��°°f Officer (e.g., "Jane I
personally appeared �l' r V�� U t - � VnIn yww-
ame(s) of Signer(s)
�LEILANI I. BROWNI. BROWN
Commission # 1336673
z -d Notary Public - California i
Orange County
My Comm Eores Jan 25, 2006
personally known to me
❑ proved to me on the
evidence
bil
basis of satisfactory
to be the person whose name s) is/6)
subscribed to the within Inst ent and
acknowledged to me that he/s a executed
the sa in his/her heir authoriz
capacit (i and that y his/her eir
signaturs n the instrument the perso s
the entity upon behalf of which the persona
acted, executed the instrument.
WITN�SS my han and official seal.
Place Notary Seal Above Signature o Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Officer —
El Partner — ❑ Limited
❑ Attorney in Fact
❑ Trustee
Title(s):
❑ General
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
RIGHT THUMBPRINT
OF SIGNER
of thumb here
01999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On jb,.jua,QY 22 , 2003, before me, C!-E�I �nr�►�l �. Marzc Ir
personally appeared Nice— �+w�►�I �� �'�,,�.,�T �- �!0-9— personally
known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they has executed the same in his/her/their authorized capacity(ies), and that by
his/her/their 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 Public in and for said State
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
------------------
C. MARCIN
N Comm, 1111383065
r►nn
NOTARY PUBLIC- CALIFORNIA U!
Orange County
My Comm. Expires Nov. 3, 2006
(This area for official notarial seal)
On� g,&j 22 , 2003, before me, Cc-laasnl.t� �- ►-� o2c�,•1
personally appeared -L>oNNA i .C_A_yU IrJ personally
known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they has executed the same in his/her/their authorized capacity(ies), and that by
his/her/their 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.
Cf tcc�ctm
Notary Public in and for said State
40 C. MARCIN
.. Comm. / 1383065 rrAA
N NOTARY PUBLIC -CALIFORNIA Ul
` Orange County
My Comm. Expires Nov. 3, 2006 r
(This area for official notarial seal)
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