HomeMy WebLinkAboutC-9213-1 - Encroachment Agreement EPN N98-57 for 1042 West Bay AvenueRECORDING REQUESTED , ,ND
WHEN RECORDED RETURN TO: Recorded in the county of orange, California
� Gary L. Granville, Clerk/Recorder
Public Works Department Fee
t City of Newport Beach III II I I II I III I II II II III I II
No
v Post Office Box 1768 005 19006675 119080567441 09 , 23dm 08/27/9$
3300 Newport Boulevard Al2 7 6.00 18.00 0.00 0.00 0.00 0.00
Newport Beach, CA 92659-1768
Space above this line for Recorder's use only. 1.
ENCROACHMENT AGREEMENT
(EP98-57)
THIS AGREEMENT is made and entered into this 7 day of ,
1998, by and between John J. Jakosky III and Jakosky Trust B, Jack J sky rustee; i
hereinafter "O'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 1042
West Bay Avenue, Newport Beach, California and legally described as Lot 1, Block 5, Tract
626, as shown on a map recorded in Book 30, Pages 40 and 41 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 .11th Street right-of-way
(hereinafter "RIGHT-OF-WAY") that is located adjacent to 1042 West Bay Avenue, Newport
Beach, 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
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WHEREAS; the parties hereto desire to execute an agreement provid:ipg forjjilfillm`t
of the conditions required by CITY to permit OWNER to reconstruct and maiTain s i l
PERMITTED IMPROVEMENTS;
NOW, THEREFORE, in consideration of the mutual promises, the parties hero agree
as follows:
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1. It is m%.il:-.ally agreed that PERMITTED IMPROVEMENTS shall be defined as
existing raised cor,-;;- ate, planter, existing flush planter, concrete flush planter, concrete mow
strip, lawn with irrigati m, sand blasted colored concrete walk, concrete driveway approach
with sand blasted finish, landscaping, and appurtenances in 11th Street right -of -away as
shown on EXHIBIT "A" attached hereto, conform to City Council Policy L-8, and as approved
by the City Engineer. In addition, all landscaping shall have a maximum height of 24-inches.
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 far ;tFld under this Agreement may be terminated by CITY at any time by
giving 60 days' not`-"cs, specifying in said notice the date of termination. CITY shall incur no
liability whatsoever n tie event of the termination of this Agreement, or subsequent removal
of improvements by C"OCY.
4. OWNER and CITY further agree as follows:
a. OWNER may construct an,4 ino+all D�R�/IITTCh : . __ 1{\rnn!n n
.. .. v... .V.1 . ♦V v CIV7LIV I J dn(d
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. Off' ,'1`IE"R shall maintain the PERMITTED IMPROVEMENTS in accordance
with general prevLi c.; -,tandards of maintenance, and pay all costs and expenses incurred in
doing so. However % Bing herein shall be construed to require OWNER to maintain, replace
or repair any private;-oN /i-.ed or CITY -owned pipeline, conduit or cable located in or under said
PERiviiTTED IMPROVEMENTS, except as otherwise provided herein.
c. If private -owned, City, or other public facilities or improvements are damaged
by the instaiiation or presence of rcRMHTTED IMPROVEMENV T S, vVvivER shah be
responsible for the cost of repairs.
d. That should the CITY be required to enter onto said RIGHT-OF-WAY to
exercise its primary i ights; associated with said RIGHT-OF-WAY, including but not limited to,
the maintenance, re°raoval, repair, renewal, replacement or enlargement of existing or future
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public facilities or improvements, CITY may remove pot eons of the PERMITTED
IMPROVEMENTS, as required, and in such event:
0) CITY shall notify OWNER of its intention to accomplish such
work, if any emergency situation does not exist.
/iil 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 t".-, :afe of termination. !n the eve,nt of litigation commenced with respect to
any term of conditttarr, of this Agreement, the prevailing party shall be entitled to reasonable
attorneys fees and costs incurred.
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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 (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; L tali run with the land; shall be binding upon the heirs, successors, and
assigns of OWNED`. interest in the land whether fee or otherwise, and shall be recorded in
the Office of the Count%, Recorder of Orange County, California.
IN WITNESS VHEREOF, the parties hereto have caused this Agreement to be
executed on the day and year first -above written.
K
CITY OF NEWPORT BEACH,
a Municipal corporation
APPROVED AS TO FORM:
By: By:
City Al.torrfpy Ci y M� ag
ATTEST: OWNER:
City Clerk
John rJakr III v
By:
Jakosky st B,
Jack J&osky
Trustee
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On Jan e- /gi I'M9 4"4— , 1998, before meA AAAAle A iK cr<-!/c,&�
personally appeared j6Hl f J 4,410 4cy.
personally known to me ( to be the
person(.*) whose name(s) is/v-" subscribed to the within instrument and acknowledged to me
that he/sbsA4v_ r has executed the same ,This'",C "n 4;-authorized capacity(- , and that by
his/hadU if signature on the instrument the person(* or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
)7�40A41 el . a
Notary Public in and foi said State
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORAN'3E )
Marione A. MCMlllan
V
Comm. #1074769
O
0
NOTARY PUBLIC - CALIFORNIA
ORANGE A
COUNTY
Comm. Exp. OCt.18,1999
(This area for official notarial seal)
On tJlG1 e, /- /9%g , 1998, before me,AAe-14416 4 �qeiglL«V
personally app(.-tired C'J4 6
personally known to me ( ) to be the
person(&) whose name ,t) is/efe subscribed to the within instrument and acknowledged to me
that hefshe #�he)b has executed the same in hisAgerAhei; authorized capacity, and that by
his/her/their signature() on the instrument the person(e) or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
� E�� Marjorie A. McMillan
Comm. #1074769 ^
c NOTARY PUBLIC -CALIFORNIA u,
ORANGE COUNTY 0
Comm. Exp. Oct. 18, 1999 'i
Notary Public in and for said State
F:\USERS\PBW\GWONG\WP51\AG\Jt k!<OSBP8.DOC
;T6i� ?rpa_ fcr official notari-1 seal)
5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
No. 5907
State of C"1600AA
County of
*A4K
On 161 11 1Mob before me, I�I�I V, IMF , Nwi PUBIC,
DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC"
personally appeared Y 1 I`v vIM VR,q
NAME(S) OF SIGNER(S)
Cal. personally known to me e
to be the person( whose name is/afe-
subscribed to the within instrument and ac-
knowledged to me that he/.s4e4#eq executed
the same in his/"9e4-r authorized
�..,, capacity(), and that by his/e-i-r
LEILANI V. INES
signaturem on the instrument the personw,
Commission # 1 170960
No-oryPUr)IiC- Cal'fornia ; or the entity upon behalf of which the
140i .y Orange Co:.nty
personW acted, executed the instrument.
%,
y C ;+nm. Expires ian 25, M
WITNESS my hand and official seal.
owa.� U. lYwn�
S; GNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184
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SfTE PLAN Nf-W co;'jJrr-U,--rja,\j/F►CFCK. H e;-N7 f'F�r ,,A EXH1f--I
SITE PLAN CONSTRUCTION NOTES:
1
EXISTING RAISED 6" HIGH CONCRETE PLANTER CURB TO
7
CONSTRUCT NEW INTEGRAL COLOR CONCRETE DRIVEWAY
REMAIN.
WITH SAND BLASTED TEXTURE.
2
EXISTING PLANTER LANDSCAPING TO REMAIN.
18
REMOVE EXISTING CURB CUT. INSTALL NEW 6- CONCRETE
3 :
CURB AND CONCRETE SIDEWALK TO CITY OF NEWPORT
CONSTRUCT NEW HIGH 6' PLASTERED CONCRETE BLOCK
BEACH STANDARDS TO AREA SHOWN HATCHED.
PLANTER TO REPLACE EJOSTING 6' CONCRETE PLANTER
AC
CURB.
19 !
INSTALL NEW IRRIGATION AND SHRUBBERY IN PLANTER.
4 '
MAXIMUM HEIGHT OF PLANTER AND LANDSCAPE NOT TO
CONSTRUCT NEW 6' HIGH CONCRETE PLANTER CURB TO
EXCEED 24'.
REPLACE EXISTING BROKEN 6' CONCRETE CURB.
5 '.
'10!
INSTALL NEW IRRIGATION AND LAWN IN SHADED AREA.
CONSTRUCT NEW 6- WIDE CONCRETE MOW STRIP.
6 '
CONSTRUCT NEW INTEGRAL COLOR SMOOTH FINISH
CONCRETE WALK WITH SAND BLASTED TEXTURE.
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