HomeMy WebLinkAboutC-9851-1 - Encroachment Agreement EPN N2025-0087 for 401 Avocado Avenue4/3/25, 10:45 AM
Batch 18990144 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
I� I �� I I� I II I I I II II I I I I II II $72.00
*$ R 0 0 1 5 5 0 0 9 1 6$
2025000100309 10:31 am 04/03/25
90 CR-SC06 Al2 21
0.00 0.00 0.00 0.00 60.00 0.00 0.00 0.00 0.00 0.00
050-336-28 Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
(Encroachment Permit Number N2025-0087)
THIS ENCROACHMENT AGREEMENT ("Agreement") is made and entered into this
17th day of March, 2025, by and between CA Avocado 401415, LLC as a Delaware limited
liability company ("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 401 Avocado Avenue,
Newport Beach, California, 92625 and legally described as Lot 185 Tract 2813 Irvine Terrace
Unit 3 in the City of Newport Beach, County of Orange, State of California, as shown on a
map recorded in Book 94, Pages 45 through 47 inclusively, of Miscellaneous Maps in the
office of the County Recorder of Orange County, County Assessor's Parcel Number 050-
336-28 ("Property");
WHEREAS, Owner desires to construct certain non-standard improvements as further
described herein ("Permitted Improvements") within and above the City's twenty three foot
sewer easement (hereinafter, "Twenty Three Foot Easement') and thirty foot sewer
easement (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:
City and Owner acknowledge that the above Recitals are true and correct and are
hereby incorporated by reference into this Agreement.
CA Avocado 401415, LLC Encroachment Agreement . 1
https://gs.secure-erds.com/Batch/Confirmation/18990144 1/2
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
050-336-28 Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
(Encroachment Permit Number N2025-0087)
THIS ENCROACHMENT AGREEMENT ("Agreement") is made and entered into this
17th day of March, 2025, by and between CA Avocado 401415, LLC as a Delaware limited
liability company ("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 401 Avocado Avenue,
Newport Beach, California, 92625 and legally described as Lot 185 Tract 2813 Irvine Terrace
Unit 3 in the City of Newport Beach, County of Orange, State of California, as shown on a
map recorded in Book 94, Pages 45 through 47 inclusively, of Miscellaneous Maps in the
office of the County Recorder of Orange County, County Assessor's Parcel Number 050-
336-28 ("Property");
WHEREAS, Owner desires to construct certain non-standard improvements as further
described herein ("Permitted Improvements") within and above the City's twenty three foot
sewer easement (hereinafter, "Twenty Three Foot Easement") and thirty foot sewer
easement (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:
City and Owner acknowledge that the above Recitals are true and correct and are
hereby incorporated by reference into this Agreement.
CA Avocado 401415, LLC Encroachment Agreement
2. It is mutually agreed that Permitted Improvements shall be defined as:
a. A two hundred sixty one foot, three and one half inch long (261'-3.5") long by
twenty two (22') wide new driveway and approach encroaching thirty feet (30')
into the Right -of -Way;
b. An eight foot, eight and one half inch (8'-8.5") long by four foot (4') high concrete
retaining wall constructed with smooth stucco finish encroaching four feet, eight
and one half inches (4'-8.5") minimum to eight feet, seven and one half inches
(8'-7.5") maximum into Right -of -Way;
C. A one hundred fifty eight foot (158') long by six foot (6') high concrete retaining
wall constructed with smooth stucco finish encroaching eight feet, seven and
one half inches (8'-7.5") minimum to fourteen feet, three and one half inches
(14'-3.5") maximum into the Right -of -Way;
d. A nine foot, four and one half inch (9'-4.5") long by seven foot (7') high concrete
wall constructed with stone veneer finish encroaching nine feet, four and one
half inches (9'-4.5") into the Right -of -Way;
e. A fifty eight foot, six inch (58'-6") long by six foot (6') high concrete retaining
wall constructed with smooth stucco finish encroaching twelve feet (12')
minimum to thirteen feet, two and one half inches (13'2.5") maximum into the
Right -of -Way;
A twenty foot (20') wide by seven foot (7') high painted steel driveway gate
encroaching twenty feet (20') into the Right -of -Way;
g. Various height new landscaping encroaching twenty three feet (23') into the
Twenty Three Foot Easement and a maximum of fourteen feet (14') into the
Right -of -Way;
h. A six foot, five inch (6'5") new concrete stair on grade encroaching twelve feet
(12') by eight feet, six and one half inches (8',6.5") into the Right -of -Way;
A six foot, five inch (6'5") long by four foot (4') high concrete retaining wall
constructed of smooth stucco finish encroaching twelve feet (12') by eight feet,
six and one half inches (8',6.5") into the Right -of -Way;
A five foot, four inch (5'4") by seven foot, ten inch (7'10") concrete landing
encroaching twelve feet (12') by eight feet, six and one half inches (8',6.5") into
the Right -of -Way;
k. With the foregoing, as approved by the Public Works Department and as shown
on Exhibit A, attached hereto and incorporated herein by reference.
In addition, if any improvements actually built or installed during the time of
construction vary from Permitted Improvements approved herein, such
CA Avocado 401415, LLC Encroachment Agreement 2
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 A.
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
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.
CA Avocado 401415, LLC Encroachment Agreement 3
(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, 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.
CA Avocado 401415, LLC Encroachment Agreement 4
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]
CA Avocado 401415, LLC Encroachment Agreement 5
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: �Ij I a' 7 6
By:
Aaroi f C. Harp \ ;
City Attorney
ATTEST:
Date:%
By: dr
&. +N�
Leilani I. Brown
City Clerk
ATTACHMENTS:
CITY OF NEWPORT BEACH,
a California 7un7pal coon oration
Date: z 20 z
By:
Gra eung
Cit Manager
OWNER(S): CA Avocado 401415, LLC, a
Delaware limited liability company, acting
by and through its Manager, CA
Investments 3G, LLC, a Delaware limited
liability company
Date:
By. .
Christopher E. Erblich
Manager
Date: 'SL-?-/ bLaE
By: C::>
Paul Sta , y Reed
Manager
[END OF SIGNATURES]
Owners must sign in the presence of notary public
Exhibit A — Permitted Improvements Plan as Approved by
Public Works
CA Avocado 401415, LLC Encroachment Agreement 6
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 GafffoTnta i . Z P a
County of Mdl i (20 )ss.
On 17N / 20before me, ✓1 Notary
Public, personally appeared 2 , who proved to
me on the basis of satisfactory evidence to be the perso (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.
Sig ture
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.
(seal)
KARLA BRUNSON
Notary Public, State of Arizona
Maricopa County
Commission # 646938
My Commission Expires
State of ea4Dr-rtis Ay-i2ona
County of 1` 1 N-1 c.o ,pew } SS.
On rl as- c1-N ate{ , 20 A 5 before me, ao4 0-1 Notary
Public, personally appeared CV\r i VX5-F 6 k" proved to me on
the basis of satisfactory evidence to bete 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.
ASHLEY ORgNgpUg
M*V PU*-ftbdlYl�mir
AAA Av0laiTY
C0mrd88imissitxn * B64T23
ExpifMANI27, 2W
Signature (seal)
CA Avocado 401415, LLC Encroachment Agreement 7
EXHIBIT A
PERMITTED IMPROVEMENTS PLAN
CA Avocado 401415, LLC Encroachment Agreement A-1
EXHIBIT A
1 OF 12
LS a rch itects
LAIDLAW SCHULTZ
31 I I Second Avenue Corona del Mar, CA 92625-2322 T: (949) 645-9982 F: (949) 645-9554 W: LSarchitects.com
Encroachment Permit - Decorative/ Non-standard
Detailed Description of Proposed Work:
1) 261'-3 1/2" long x 22' wide new driveway and approach encroaching 30'-0" max. within
30'-0" sewer easement.
Material Finish: Standard Gray Concrete See Plan for detailed dimension information.
2) Site Retaining wall within the 30'-0" sewer easement.
A) 8'-8'/2" long x 4'-0" max height smooth stucco finish concrete retaining wall,
encroaching 4'-8'/2" min. - 8'-7'/2" max, within 30'-0" sewer easement.
B) 158'-0" long x 6'-0" max height smooth stucco finish concrete retaining wall,
encroaching 8'-7'/2" min.- 14'-3'/2" max. within 30'-0" sewer easement.
C) 9'-4'/2" long x 7' max height stone veneer finish concrete wall, encroaching 9'-4
'/2" max, within 30'-0" sewer easement.
D) 58'-6" long x 6'-0" max height smooth stucco finish concrete retaining wall.
Encroaching 12'-0" min. - 13'-2'/2" max, within 30'-0" sewer easement.
3) Painted Steel 20'-0" W x 7'-0" H Driveway gate within 30'-0" sewer easement. Call box
with Key operated gate switch by KNOX per NBFD. City Utilities department to be
provided keyed access.
4) New Landscaping within 30'-0" sewer easement, 23'-0" sewer easement.
5) New concrete stair on grade (6'-5" x 3'-3"), retaining wall (6'-5" long x 4'-0" max height,
smooth stucco finish) and concrete landing (5'-4" x 7'-10") encroaching 12'-0" x 8'-6'/2"
max. within 30'-0" sewer easement.
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EXHIBIT A
NOTES:
1. THIS DETAIL IS FOR REFERENCE ONLY TO
ILLUSTRATE SOILS REPORT REQUIREMENTS.
HARDSCAPE DESIGN BY OTHERS.
2. SEE SOILS REPORT FOR OVEREXCAVATION AND
SUBGRADE PREPARATION REQUIREMENTS.
of `f----.-O�
SEE SOILS REPORT FOR
SUBGRADE REQUIREMENTS
4 OF 12
SURFACE TEXTURE,
TILE, PAVERS, ETC.
PER LANDSCAPE
PLANS
�A
DRIVEWAYS
HARDSCAPE
A
MIN. SLAB THICKNESS
6"
4"
B
MIN. AGG. BASE THICKNESS
4"
-
C
MIN. REINFORCEMENT (O.C. / E.W.)
#4@18"
#4@18"
D
MAX. SAWCUT OR COLD JT. SPACING
10'
8'
E
THICKENED EDGE DEPTH
12"
12"
F
THICKENED EDGE WIDTH
8"
8"
DETAIL
TYPICAL DRIVEWAY / HARDSCAPE SECTION
PER SOILS REPORT BY G3SOILWORKS INC.
Scale: N.T.S.
2- Retainina Wall -Plan
EXHIBIT A
\ STAIRS -ON -GRADE
\ 13
\ S10
\ `\ EXTEND REAR WALL
\ \ \ FOOTING REBAR 4M `
4M \ \ MIN. S"INTO FRONT sli `\
\ S11 \ FOOTING
511 76 \
S13 \ \\\ \ \ \ \\
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5 OF 12
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STEM THICKNESS EXHIBIT A
2 - Retaining Wall 6 OF 12
Detail Section / Schedule
FOOTING SHALL �\
NOT EXTEND PAST \ I
HORIZONTAL BARS PER SCHEDULE
(EA. FACE FOR 2 CURTAINS)
PROPERTY LINE OR \\\
INTO CITY
EASEMENTS
VERTICAL BARS
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10" WALL - 2x6
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12" WALL - 2x6
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SHEAR KEY MAY BE OFFSET AS
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FULL -WIDTH KEY IS PERMITTED
-
#5 CONT. BARS -
SPACED @ 12" O.C.,
VERTICALLY
KEY OFFSET KEY WIC
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VERTICAL BARS (SOIL FACE) PER
SCHEDULE; HOOK INTO FOOTING
AND EXTEND TO TOE AS -SHOWN
HEEL BARS PER
SCHEDULE
#5 CONT. BARS @
18" O.C. TOP &
BOTTOM OF FTG.
HEEL
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BOTTOM BARS #5
@ 12" O.C. (MIN.)
KEY BARS PER
SCHEDULE;
HOOK INTO
FOOTING
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ACA RED
1 GAL. @ 3' O.C.
PIT TUR
15 GAL. @ 30" O_C.
G 7 1 AGA FLA
15 GAL.
LIP NO
SOD
1 5 GAL. @ 18" O.C.
LIP NOD
SOD
5 AGA FLA
15 GAL.
1�
-
1 411 - \\
1 • 401
EXHIBIT A
10 OF 12
1 GAL. @ 3' O.C.
ROS HUN
1 GAL. @ 18" O.C.
Scale: N.T.S.
0
LIP NOD
SOD
7 AGA FLA
15 GAL.
1$71 I58')
ZZ 6 LIR GIG
5 GAL
JUN PAT
11 GAL. @ 24" O
t '
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41
102 LIG TEX
15 GAL_ '@ 18" O:
PIT CRA
'5GAL @30"OC
EXHIBIT A
11 OF 12
ACA RED
1 GAL. @ 3' O.C.
PIT TUR
15 GAL. @ 30" O.C.
7 AGA FLA
15 GAL_
I LIP NOD
Dl TAB-
\\ 5 G @ 16" O.0 - J -
\ 23 DUR ERE
15 GAL. ` - -
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5 GA \.
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5 GAL. @ 18" O.C.
8 AGA FLA
15 GAL.
LIP NOD
.00l A
Scale: N.T.S.
5 EXHIBIT A
12 OF 12
#3 NOSING BARS (TYP.)
CONTINUOUS BARS (MATCH
SIZE AND SPACING AS
REQUIRED IN SLAB)
PER
ARCHITECT
d a
Lu
Lu
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0 SLOPING #4 BARS @ 18" O.C.
cc
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° REINFORCEMENT)
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1'-0"
(2) #4 BOTTOM BARS
I STAIRS ON GRADE Eil
Scale: N.T.S.
ORIGIN ID:SCFA (602) 230-3500
SHIP DATE: 21MAR25
KARLA BRUNSON
ACTWGT: 0.50 LB
VAN TUYL COMPANIES INC.
14747 N. NORTHSIGHT bLVD
CAD: 11213407711NET4535
SUITE 111-431
SCOTTSDALE, AZ 85260
BILL SENDER
UNITED STATES US
TO CITY OF NEWPORT BEACH
CITY OF NEWPORT BEACH
100 CIVIC CENTER DRIVE
NEWPORT BEACH CA 92660
(949) 644-3311 REF: CA AVOCADO
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92660
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