HomeMy WebLinkAboutC-8242-1 - Encroachment Agreement EPN N2016-0389 for 2410 W. Ocean FrontDocument -2065592 -Page -1
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Public Works Department
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658-8915
Page 1 of 1
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
111111111111111111[ 1111111111111111111111111 1I111 1111111111111111111111133.00
*$ 8 0 0 0 8 7 6 5 4 5 5 8
2016000501417 4:13 pm 10/13116
217 405 Al2 F13 9
0.00 0.00 0.00 0.00 24.00 0.00 0.00 0.00
Space above fAis litre for Recorder's use only.
ENCROACHMENT AGREEMENT -
(Encroachment Permit Number N2016-0389)
THIS ENCROACHMENT AGREEMENT ("Agreement') is made and entered into this
29th day of August, 2016, by and between Rene Barge as Trustee of The Rene Barge
Trust dated May 7, 2009 ("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 2410 W. Ocean Front,
Newport Beach, California, 92663 and legally described as Lot 6, Block 24, of "Newport
Beach", as per map recorded in Book 3, Page 26 of Miscellaneous Maps in the office of the
County Recorder of Orange County, County Assessor's Parcel Number 047-141-13
("Property');
WHEREAS, Owner desires to construct certain non-standard improvements as
further described herein ("Permitted Improvements") within the W. Ocean Front right-of-way
(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:
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:
Rene Barge Encroachment Agreement 1
about:blank 10/13/2016
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Public Works Department
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 N2016-0389)
THIS ENCROACHMENT AGREEMENT ("Agreement") is made and entered into this
29th day of August, 2016, by and between Rene Barge as Trustee of The Rene Barge
Trust dated May 7, 2009 ("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 2410 W. Ocean Front,
Newport Beach, California, 92663 and legally described as Lot 6, Block 24, of "Newport
Beach", as per map recorded in Book 3, Page 26 of Miscellaneous Maps in the office of the
County Recorder of Orange County, County Assessor's Parcel Number 047-141-13
("Property");
WHEREAS, Owner desires to construct certain non-standard improvements as
further described herein ("Permitted Improvements") within the W. Ocean Front right-of-way
(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:
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:
Rene Barge Encroachment Agreement 1
a. 3 -ft tall wall constructed of tan stucco encroaching up to 1 -ft into the W.
Ocean Front right-of-way from the oceanward property line, up to the north
edge of the sidewalk and;
b. 10 -in high concrete patio between said wall and property line, as approved by
the Public Works Department and as shown on Exhibit A, attached hereto
and incorporated herein by reference.
C. 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 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:
Rene Barge Encroachment Agreement 2
(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,
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
Rene Barge Encroachment Agreement 3
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
Aaron C. Harp
City Attorney
ATTEST: /O
Date: d ✓ Y/
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: lQl 12114,
V�
a� By:
08.721b Dave Kiff
'M' City Manager
By: JFov�
Leilani I. Brown
City Clerk
OWNER(S): Rene Barge, Trustee of
The Rene Barge Trust, dated May 7,
2009
Date: oto �0
By:
Rene Barge
Trustee, Rene Barge Trust, dated May
7, 2009
[END OF SIGNATURES]
Owners must sign in the presence of notary public
ATTACHMENTS: Exhibit A— Permitted Improvements Plan as Approved by
Public Works
Rene Barge 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 California
Coun4 of Of a^(, ) ss. lti a�11-
On -..10-\l0 20 before me, Ay\o1R,�tn✓� Notary
Public, personally appeared q,KY Q. QLX 0, Q. , who proved to
me on the basis of satisfactory evidence to be thd person(s) whose name() are subscri ed to the
within instrument and acknowledged to me that &e he/they executed the same in Q 'her/their
authorized capacity(' -s), and that by is er/their signaturesN on the instrument the person(q, or the
entity upon behalf of which the personN acted, executed the instrument.
I certify under PENAL OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and or ect.
ANGELYN CATALE
WITNE m han d fficial seal. commission # 2017358
a .=� Notary Public - California z
Z =�- '' o Orange County >
My Comm. Expires Apr 1, 2017
Signa re (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)
Rene Barge Encroachment Agreement 6
EXHIBIT A
PERMITTED IMPROVEMENTS PLAN
Rene Barge Encroachment Agreement A-1
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ENCROACHMENT AGREEMENT
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Owner: The Rene Barge Trust Page 2 of 2
Document -2065594 -Page -1
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Public Works Department
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658-8915
Page 1 of 1
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
11111111111111111111111111111111111111111111111111111111111111111111111111130.00
* $ R 0 0 0 8 7 6 5 4 5 7 $
2016000501419 4:13 pm 10113116
217 405 Al2 F13 8
0.00 0.00 0.00 0.00 21.00 0.00 0.00 0.00
Space above thus line for Recorder's use only.
ENCROACHMENT AGREEMENT
(Encroachment Permit Number N2016-0407)
THIS ENCROACHMENT AGREEMENT ("Agreement") is made and entered into this
1st day of September, 2016, by and between Daniel Kahale and Cristin Kahale, husband
and wife as community property with right of survivorship ("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 300 Kings Place,
Newport Beach, California, 92663 and legally described as Lot 60 of Tract 1218, as per
Map recorded in Book 37, Pages 47 through 49 of Miscellaneous Maps in the office of the
County Recorder of Orange County, County Assessors Parcel Number 049-271-29
("Property"),
WHEREAS, Owner desires to construct certain non-standard improvements as
further described herein ("Per..mitted;:l.mprovements") within the Kings Place right-of-way
(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
WHIEREAS, 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.
Daniel and Cristin Kahale Encroachment Agreement 1
about:blank 10/13/2016