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HomeMy WebLinkAboutC-9200-1 - Encroachment Agreement EPN N2002-0056 for 201 Via OrvietoI O RECORDING REQUESTED AND Q WHEN RECORDED RETURN TO: N O ' Public Works Department City of Newport Beach Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92659-1768 Recorded in Official Records, County of orange Darlene Bloom, Interim Clerk -Recorder IIIIII IIIII IIIII IIIII IIIII IIIII IIIII 11 IIIII IIIII 1111128.010 2002038514310,33am 08102 200 25 Al2 12 0.00 0.00 0.00 0.00 22 00 0.00 0.00 0.00 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT (EPN2002-0056) THIS AGREEMENT is made and entered into this I If1A day of hal , 2002, by and between Quentin Wall (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 201 Via Orvieto, Newport Beach, California and legally described as Lot 524 and SW'ly 5-foot portion of Lot 523, Tract No. 907, as shown on a map recorded in Book 28, Pages 25 to 36 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; WITNESSETH: WHEREAS, OWNER desires to construct certain improvements, (hereinafter "PERMITTED IMPROVEMENTS") in the Via Orvieto right-of-way (hereinafter "RIGHT- OF-WAY"), Newport Beach, California and legally described as Lot 524 and SW'ly 5- foot portion of Lot 523, Tract 907, as shown on a map recorded in Book 28, Pages 25 to 36 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 1 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 a roof eave, two false metal balconies, stamped concrete walkways, landscaping, and appurtenances 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. The OWNER shall maintain all landscaping at a maximum height of 3-feet within the designated sight -distance zone. However, nothing z 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. 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 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. 3 6. OWNER shall 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; 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 AS TO FORM: i By: City Attorney ATTEST: BydU �� M. 11aLZ_,1 City Clerk CITY OF NEWPORT BEACH, a Municipal corporation By. ?4,1, City anager OWNER: By: T e Quentin Wall 4 STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) On i , 2002, before me, �' . JA N Q P a personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(*) whose name(g) is/ate subscribed to the within instrument and acknowledged to me that he/she/they has executed the same in his/hoM#eir authorized capacity(ios), and that by his/heifftir signature(&-) on the instrument the person(&) or the entity upon behalf of which the person acted, executed the instrument. WITNESS mv.-hard and official seal. Notary Public io and fqj, aid State (This area for official notarial seal) C. JANDRO F - , COMM. 01177336 a) NOTARY PUBLIC - CALIf ORNFA 0 ORANGECOUNTY Ch My COMM. Ekpiros April 22, 2002 STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE ) On r\ 2- , 2002, before me, �n� persoJnal ly appeared_KO". ' le r -►� c-,h C� ��rA. personally knawn to me (-pralyed #� ern --tom basis -of satisfactory evidence) to be the person�eto whose nam (s is/ re subscribed to the within in .trument and acknowle me that he/she th as executed the same in his/her their' uthorized capacity •es and that by his/her/ eir ignatucs) on the instrument the pers or the entity upon behalf of which the person acted, executed the instrument. �I�NESS my hand a d' off�ial seal. Notary Public ind for said State (This area for official notarial seal) CATHY FISHER Commission # 1341009 Z z Notary Public - California Orange County My Comm, E.Vims Feb 21, 2006 F:\USERS\PBW\GWONG\WP51 \AG\WALL-EPN2002-0056LI.DOC 9 i J I E z 0 9 1 GATES — (4) TOTAL PER OWNER U W O m¢> m I W O 1 1 /4" S TBACK (3) 10' HIGH PALMS ALONG VIA ORVIETO uu 9= = TO BE REMOVED AND REPLANTED PER NOTE #5 HEREIN -- 1 , i — --'' • 2nd. FLR. PROJ. nW I— r- INTO R.O.W. .moo'` ti Cl- L--- 1' 3/4" 2nd. FLR. PROJ. i INTO R.O.W. 20'-0" 20'-0" RESIDEN 1'— 1 /2" + EXISTING SIDEWALK AND CURB LANDSCAPE AREAS s i i TYPICAL S.B. ----' X (3) 24' HIGH PALMS ALONG STRADA CENRO TO REMAIN UNDISTURBED, OR REMOVED AND REPLANTED PER NOTE #5 HEREIN Wail Residence 201 Via Orvieto, Lido Isle, Newport beach, CA \Al ( P. 1z CIF:7-) ,5XHIBi r 9 A 44 ZERO SETBACK REQUIREMENT AT VIA ORVIETO NO EAVE PROJECTION HERE OR AT OTHER GABLE ENDS-TYP. TYP. AT VALLEYS TILE INFO.: TYP. ROOFING INFO. NO EAVE PROJECTION HERE OR AT OTHER GAB ENDS-TYP. 11LE INFO.: TYP. U.O.N. AT SECTIONS (OTHER CONDITIONS EXIST) RCOF fug - m TY-. CP. 3 of 7) ,eXH14317' "All Is}ua}u03 }aayS I o I N I o I o ILn 1HO13H v4nrvXVY4 0350dOdd ' .V/ m—x , 3NIl 'd08d 0 1. 1H 'a0H ,0-,8 25 ,8-,6 1H 'H0H ,0-,8 VI =< tQ oN iV W a_ Z � g W 0 C 7 w Imo►' U Q � `a .l r—�� 1HOGH 3 018 W Z C9 d' a .z/ G s �,zz II�I� •� F 8 ,lid II W Lu- MW = j2 V< ' V Ir Q� <W 0 a Q w _I W z 1� o U. F4 N K7 V m Z LU w a = CL _J CD p Q Lo 0O to Q W Z H U Y N w z J Lij w w d cn RAFTER TAILS SPA D AS SHOWN CURB HEIGHT = 10.07') NATURAL GRADE I HEIGHT = 10.07') AL GRADE M-M Mm FX�I / 16 TYP. AT FLAT ROOF w z J 9 15 TYP. A13 1 TYP. ALL WABLE HEIGHT: -�+240O'—MAX. HT._ABV AV .CURB HEIGHT TIGHT GABLE END 3:12 TYP. DETAILS —MINIMAL TO NO a ENCROACHMENT UADD 2x4 FURRING PLATE HT. — TO ALLOW R-30 15 ' BATTS—TYP A13 SEE ROOF PLAN I 91 AS OCCURS 14 TYP. � TYP. 2 I I SD1 CD 7 00 WALK-IN A13 YP. T. 0. S. T. 0. S. PLATE HT. 15 TYP. ao (AVG. CURB F.L.=09.57') DINING (AVG. CURB HT.=10.07') T.O.S.10.82' NATURAL GRADE 1 I FD1 wl J 9 1/4" x 9'-0" LONG EAVE ENCROACHMENT S�GTl01� � AND °- (2) DECORATIVE BALC. PTS PROJECT FROM 1'-3 3/4" TO 1'-0 1 / SEE SITE PLAN 0 s O w 5 O Q S a C Z w V) x V) Cn ID J_ 3 En Lo J Lo J q QGQ��O U m m W m W �mw ZZ �Z �LJV) �O ;iO J a LD r K 31 m0 w ■ = V) �iL m SN0l1VA313 335' .S V) Q M W Z 6 �o Q N N ■ cr M U I+ O O � Z M C) `p W—C, W < pmW JNV w I- 3� Z 0 c x Ld fm O N 4 V) Q W Nm fi Z O Z t �W Z ri \N w U O�O-- 4Zg ZQmUJ M=w yy� 2ZZ w wILu ��U�3w > ird< Z CDI U w U) H p m Z vx W C� OF 7-) ,d"XHIBIT "A"