HomeMy WebLinkAboutC-9430-1 - Encroachment Agreement EPN N2023-0416 for 225 Via Lido Nord9/14/23, 9:04 AM
Batch 16326314 Confirmation
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Attn: City Clerk's Office
City of Newport. Beach
P.O. Box 1768
Newport Beach, CA 92658-8915
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
II II II III I IIIIIIII IIIIII II 31.00
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90 CR-SC06 Al2 9
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Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
(Encroachment Permit Number N2023-0416)
THIS ENCROACHMENT AGREEMENT ("Agreement") is made and entered into this
12th day of September, 2023, by and between Stephen C. Valder and Teri A. Valder as
Trustees of the Valder Family Declaration of Trust dated May 30, 2001 ("Owner"), and the
City of Newport Beach, a California municipal corporation and charter city, organized and
existing under and by virtue of its Charter and the Constitution, and the laws of the State of
California ("City").
RECITALS
WHEREAS, Owner is the vested owner of property located at 225 Via Lido Nord,
Newport Beach, California, 92663 and legally described as Lot 1059 of 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, County Assessor's Parcel Number
423-143-13 and as legally described in Exhibit A, attached hereto and incorporated by
reference ("Property");
WHEREAS, Owner desires to construct certain non-standard improvements as
further described herein ("Permitted Improvements") within the 4-foot wide public utility
easement adjacent to Via Cordova, Via Lido Nord right-of-way, and Strada Cordova right-
of-way (collectively hereinafter "Right -of -Way") that is located adjacent to Property;
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
fulfillment of the conditions required by City to
Permitted Improvements.
to enter into this Agreement providing for
permit Owner to construct and maintain said
NOW, THEREFORE, in consideration of the mutual promises, the parties hereto
agree as follows:
Stephen C. Valder and Teri A. Valder Encroachment Agreement 1
https://gs.secure-erds.com/Batch/Confirmation/l6326314 3/4
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Attn: City Clerk's Office
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658-8915
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
(Encroachment Permit Number N2023-0416)
THIS ENCROACHMENT AGREEMENT ("Agreement") is made and entered into this
12th day of September, 2023, by and between Stephen C. Valder and Teri A. Valder as
Trustees of the Valder Family Declaration of Trust dated May 30, 2001 ("Owner"), and the
City of Newport Beach, a California municipal corporation and charter city, organized and
existing under and by virtue of its Charter and the Constitution, and the laws of the State of
California ("City").
RECITALS
WHEREAS, Owner is the vested owner of property located at 225 Via Lido Nord,
Newport Beach, California, 92663 and legally described as Lot 1059 of 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, County Assessor's Parcel Number
423-143-13 and as legally described in Exhibit A, attached hereto and incorporated by
reference ("Property");
WHEREAS, Owner desires to construct certain non-standard improvements as
further described herein ("Permitted Improvements") within the 4-foot wide public utility
easement adjacent to Via Cordova, Via Lido Nord right-of-way, and Strada Cordova right-
of-way (collectively hereinafter "Right -of -Way") that is located adjacent to Property;
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 enter into this Agreement providing for
fulfillment of the conditions required by City to permit Owner to construct and maintain said
Permitted Improvements.
NOW, THEREFORE, in consideration of the mutual promises, the parties hereto
agree as follows:
Stephen C. Valder and Teri A. Valder Encroachment Agreement 1
1. City and Owner acknowledge that the above Recitals are true and correct and are
hereby incorporated by reference into this Agreement.
2. It is mutually agreed that Permitted Improvements shall be defined as:
a. A twenty-six feet four inches (26'4") long by four feet (4') wide driveway
constructed of decorative non slip porcelain tile paving within the four feet (4')
wide public utility easement;
A nine feet two inches (9'2") long by three feet two inches (3'2") wide
decorative non slip porcelain tile paved area within the four feet (4') wide
public utility easement;
A seven feet five inches (7'5") long by two feet six inches (2'6") wide walkway
constructed of decorative non slip porcelain tile paving encroaching two feet
six inches (2'6") into the Via Lido Nord right-of-way; and
A four feet (4') long by two feet (2') wide walkway constructed of decorative
non slip porcelain tile paving encroaching two feet (2') into the Strada
Cordova right-of-way, all as approved by the Public Works Department and
as shown on Exhibit B, attached hereto and incorporated herein by reference.
b. In addition, if any improvements actually built or installed during the time of
construction vary from Permitted Improvements approved herein, such
variations or changes must be approved in advance by the Public Works
Department and shall be shown on the "As Built" plans.
3. 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, if in substantial conformance with the plans and
specifications on file in City. City will further allow Owner to take all reasonable
measures necessary or convenient in accomplishing the aforesaid activities.
4. Rights granted under this Agreement may be terminated by City with or without
cause and at any time without notice. City shall make good faith efforts to provide
sixty (60) calendar days' notice in advance of termination, 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.
5. Owner and City further agree as follows:
a. Owner may construct and install Permitted Improvements and appurtenances
incidental thereto in substantial conformance with the plans and specifications
on file in City's Public Works Department, and as described on Exhibit B.
b. Owner shall maintain Permitted Improvements in accordance with generally
prevailing standards of maintenance and pay all costs and expenses incurred
in doing so. However, nothing herein shall be construed to require Owner to
Stephen C. Valder and Teri A. Valder Encroachment Agreement 2
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 and restoration of these public facilities or
improvements to their condition at the time of entry into this Agreement.
d. 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 Permitted Improvements, as required, and in such event:
(i) City shall notify Owner in advance of its intention to accomplish such
work, provided that an emergency situation does not exist.
(ii) Owner shall be responsible for arranging for any renewal, replacement,
or restoration of Permitted Improvements affected by such work by
City.
(iii) City agrees to bear only the cost of any removal of Permitted
Improvements affected by such work by City.
(iv) Owner agrees to pay all costs for the renewal, replacement, or
restoration of Permitted Improvements.
6. 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 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)
calendar days' notice, with the notice specifying the date of termination.
7. In the event of any dispute or legal action arising under this Agreement, the
prevailing party shall not be entitled to attorneys' fees.
8. 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 Permitted
Improvements.
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,
Stephen C. Valder and Teri A. Valder Encroachment Agreement 3
successors, and assigns of Owner's interest in the land, whether fee or otherwise;
and shall be recorded in the Office of the County Recorder of Orange County,
California.
10. The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be adjudicated in
a court of competent jurisdiction in the County of Orange, California.
11. The terms of this Agreement shall be construed in accordance with the meaning of
the language used and shall not be construed for or against either party by reason of
the authorship of the Agreement or any other rule of construction which might
otherwise apply.
12. This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement
or implied covenant shall be held to vary the provisions herein.
13. A waiver by either party of any breach, of any term, covenant or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or
any other term, covenant or condition contained herein, whether of the same or a
different character.
14. Owner shall, at Owner's own cost and expense, comply with all statutes, ordinances,
regulations and requirements of all governmental entities, including federal, state,
county or municipal, whether now in force or hereinafter enacted.
15. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
[SIGNATURES ON NEXT PAGE]
Stephen C. Valder and Teri A. Valder Encroachment Agreement 4
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 9 • &" - 23
B!�ityyy
r n C. arp I-G-z3 wc.
Attorn
ATTEST:
Date: oil►3, 20-8
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: A—�
GrgzV. Leung
C yanager
OWNER(S): Stephen C. Valder and Teri
A. Valder, Trustees of the Valder Family
Trust datec
Date:
Stepll-or
Trustee
lay 30, 2001
e �
Valder
�EWpo Date: �( �
�,� m
U
1" _.
> By. -
>
_ Teri A. Valder
Trustee
[END OF SIGNATURES]
Owners must sign in the presence of notary public
ATTACHMENTS: Exhibit A — Legal Description of Property
Exhibit B — Permitted Improvements Plan as Approved by
Public Works
Stephen C. Valder and Teri A. Valder Encroachment Agreement 5
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of Calif nia
County of —6ss. ,,��,!
On 20 'Z before me, Jit Notary
Public, persona y appeared Z` who proved to
me on the basis of satisfactory vidence to be the persons) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS y han ands official seal. i*my
TERRYCHANG
Notary Public - California
Orange County
Commission # 244336�027
Comm. Expires Apr 30,
Sig , ature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of } ss.
On 20 before me, Notary
Public, personally appeared 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 executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
Stephen C. Valder and Teri A. Valder Encroachment Agreement 6
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
LEGAL -DESCRIPTION
ON
:eac property in the City of Newport Beach, County of Orange, State of California, described as
follosys:
BEGINNING AT THE EAST CORNER OF LOT 1059 OF TRACT NO. 907, AS SHOWN ON A
MAP RECORDED IN BOOK 28, PAGE'S 25 TO 36 INCLUSIVE OF MISCELLANEOUS MAPS, IN
THE OFFICE OF THE CUUNlY RECORDER OF SAID COUNTY.
THENCE SOUTH 200 00' 00" WEST, A DISTANCE OF 45.02 FEET;
THENCE NORTH 610 00' 00" WEST, A DISTANCE OFF 88.00 FEET;
THENCE, NORTH 290 00' 00° EAST, A DISTANCE OF 50.62 FEET, TO THE NORTH CORNER
OF SAID LOT 1059 BEING A POINT ON A CURVE, CONCAVE NORTHEASTERLY AND
HAVING A RADIUS OF 772,50 FEET, THROUGH WHICH A RADIAL LINE BEARS SOUTH 3GD
08' 23" WEST;
THENCE, SOUTHEASTERLY ALONG SAID ARC BEING `rHE NORTHEASTERLY LINE OF SAID
LOT THROUGH A CENTRAL ANGLE OF Ga 32' 37", A DISTANCE OF 88.23 FEET TO THE
POINT Or BEGINNING, THROUGH WHICH POINT A RADIAL LINE BEARS SOUTH 29i0 08'
34" WEST.
SALT) PARCEL OF LAND 19 LEGALLY DESCRIBED IN EXHIBIT A AND DEPICTED IN
EXHIBIT 3 AS PARCEL 1 OF THAT CERTAIN CITY OF NEWPORT REACH LOT LINE
ADJUSTMENT NO. i A2002-006, RECORDED AS INSTkUWNT NO. 20020778993 OF
OFFICIAL RECORDS; I-N THE OFFICE 'OF -THE COUNTY -RECORDER OF SAID COIL N:I'Y. --- -
APN: 423-143-13
Stephen C. Valder and Teri A. Valder Encroachment Agreement A-1
EXHIBIT B
PERMITTED IMPROVEMENTS PLAN
Stephen C. Valder and Teri A. Valder Encroachment Agreement B-1
rs_ p1
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S:\Clients\Valder\Drawings\2129Site Encraochment Agreement.dwg, 8.5x11 L-Xerox, 8/8/2023 4:41:20 PM, MartinB, Adobe PDF, 1:1