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Home My WebLink AboutC-8255-1 - Encroachment Agreement EPN N2016-0551 for 1100 Nottingham RoadDocument -2150223 -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 111111111111111111111111111111111111 I1111 11] 11111 11 1111111111111111130.00 *$ R 0 0 0 8 8 0 2 5 6 5$ 201600052884010:30 am 10127116 227 402 Al2 F13 8 0.00 0.00 0.00 0.00 21.00 0.00 0.00 0.00 space above this line for Recorders use only. ENCROACHMENT AGREEMENT (Encroachment PermiYNumber N201§-0551) THIS ENCROACHMENT AGREEMENT ("Agreement") is made and entered into this 13th day of October, 2016, by and between Tony Minh Nguyen and Katrina He Nguyen, husband and wife as joint tenants ("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 1100 Nottingham Road, Newport Beach, California, 92660 and legally described as Lot 61 of Tract 3031, in the City of Newport Beach, County of Orange, State of California; as per map recorded in Book 96, Page(s) 24 to 26 Inclusive of Miscellaneous Maps in the office of the County Recorder of Orange County, County Assessors Parcel Number 117-481-07 ("Property'); WHEREAS, Owner desires to construct certain no? -standard improvements as further described herein ("Permitted Improvements") within the Nottingham Road and Highland Drive right-of-way (hereinafter "Right -of -Way') that is located adjacent to Property; WHEREAS, said Permitted Improvements may interfere in the future with Citys 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. Tony M. and Katrina H. Nguyen Encroachment Agreement 1 about:blank 10/27/2016 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Public Works Department City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 above this line for Recorder's use ENCROACHMENT AGREEMENT (Encroachment Permit Number N2016-0551) THIS ENCROACHMENT AGREEMENT ("Agreement') is made and entered into this 13th day of October, 2016, by and between Tony Minh Nguyen and Katrina Ha Nguyen, husband and wife as joint tenants ("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 1100 Nottingham Road, Newport Beach, California, 92660 and legally described as Lot 61 of Tract 3031, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 96, Page(s) 24 to 26 Inclusive of Miscellaneous Maps in the office of the County Recorder of Orange County, County Assessor's Parcel Number 117-481-07 ("Property"); WHEREAS, Owner desires to construct certain non-standard improvements as further described herein ("Permitted Improvements") within the Nottingham Road and Highland Drive 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. Tony M. and Katrina H. Nguyen Encroachment Agreement 1 2. It is mutually agreed that Permitted Improvements shall be defined as: a. A 12 -foot wide limestone tile carriage walk encroaching 10 -feet into the Nottingham Road right-of-way; b. 10 -feet wide limestone tile carriage walk encroaching 10 -feet into the Highland Drive right-of-way, 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 Tony M. and Katrina H. Nguyen Encroachment Agreement 2 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 U -,cqt e ) ss. On 066" - Iq 20t6 before me, 1wex ac Notary Public, personally appeared Tao,v A,vil, A/�-tievl ,-A,x/ 44et a,,�.rvi who proved to me on the basis of satisfactory a idence to be the person(s) whose name(s Blare subscribed to the within instrument and acknowledged to me that hefskg/they executed the same in Ms/he/their authorized capacity(ies), and that by 4We ef/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. ALEX COOPER �.�-- COMM...2041454 p em NOTARY PUBLI"ALIFORNIA 1 C2 ORANGE COUNTY W My Term Exp. Sept. 15, 2017 Sign ure (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) Tony M. and Katrina H. Nguyen Encroachment Agreement 6 (E) 2—Story Dwelling PUBLIC WORKS REQUIREMENT (2) PLACES encroachment required to re encroachment rurii�manr.iirnr„r „r,.r �, W )ermiT. ana Wat"kene .ment is paver earriole the existing walk r,.r,i r,. ru Exhibit "A" Sheet 1 of 1 lel TTI t�Gl-�,a.M RC7�.]� 1100 Nottingham Road Newport Beach, California 92660