HomeMy WebLinkAboutC-7165-1 - Encroachment Agreement EPN N2017-0313 for 608 Poinsettia Ave #A and #BDocument -3955646 -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
111111�1 11111111 II II11111111111IIID 1111 II 54.00
*$ R 0 0 0 9 5 6 0 5 9 1$*
201700039070112:12 pm 09/14/17
175 NC -5 Al2 F13 16
0.00 0.00 0.00 0.00 45.00 0.00 0.00 0.00
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
(Encroachment Permit Number N2017-0313)
THIS ENCROACHMENT AGREEMENT ("Agreement") is made and entered into this
1 r day of July, 2017, by and between Michael J. Dutton and Johanna E. Dutton, Husband
and Wife as Community Property ("Owner of 608 Poinsettia Avenue #A") and Gayle L
Hanson, a Single Woman ("Owner of 608 Poinsettia Avenue #13"), collectively "Owners", 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, Owners are the vested owners of properties located at 608 Poinsettia
Ave #A and #B, Newport Beach, California, 92625, Orange County, County Assessor's
Parcel Numbers , 938-01-233 (608 Poinsettia Avenue #A), 938-01-234 (608 Poinsettia
Avenue #B), and as legally described on Exhibit A, attached hereto and incorporated herein
by reference ("Properties");
WHEREAS, Owners desire to construct certain non-standard improvements as further
described herein ("Permitted Improvements") within the Poinsettia Avenue right-of-way
(hereinafter "Right -of -Way") that is located adjacent to Properties;
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 Owners to construct and maintain said
Permitted Improvements.
NOW, THEREFORE, in consideration of the mutual promises, the parties hereto
agree. as follows:
1. City and Owners acknowledge that the above Recitals are true and correct and are
hereby incorporated by reference into this Agreement.
Dutton/Hanson Encroachment Agreement 1
about:blank 09/14/2017
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 N2017-0313)
THIS ENCROACHMENT AGREEMENT ("Agreement") is made and entered into this
17th day of July, 2017, by and between Michael J. Dutton and Johanna E. Dutton, Husband
and Wife as Community Property ("Owner of 608 Poinsettia Avenue #A") and Gayle L
Hanson, a Single Woman ("Owner of 608 Poinsettia Avenue #13"), collectively "Owners", 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, Owners are the vested owners of properties located at 608 Poinsettia
Ave #A and #B, Newport Beach, California, 92625, Orange County, County Assessor's
Parcel Numbers , 938-01-233 (608 Poinsettia Avenue #A), 938-01-234 (608 Poinsettia
Avenue #B), and as legally described on Exhibit A, attached hereto and incorporated herein
by reference ("Properties");
WHEREAS, Owners desire to construct certain non-standard improvements as further
described herein ("Permitted Improvements") within the Poinsettia Avenue right-of-way
(hereinafter "Right -of -Way") that is located adjacent to Properties;
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 Owners to construct and maintain said
Permitted Improvements.
NOW, THEREFORE, in consideration of the mutual promises, the parties hereto
agree as follows:
City and Owners acknowledge that the above Recitals are true and correct and are
hereby incorporated by reference into this Agreement.
Dutton/Hanson Encroachment Agreement
2. It is mutually agreed that Permitted Improvements shall be defined as:
a. Two (2) 2 -foot wide by 4 -foot 6 -inch long decorative parkways constructed of
grey colored porcelain pavers encroaching 4 -foot 6 -inches into the Poinsettia
Avenue right-of-way and;
b. 3 -foot 6 -inch wide by 4 -foot 6 -inch long decorative parkway constructed of grey
colored porcelain pavers encroaching 4 -foot 6 -inches into the Poinsettia
Avenue right-of-way and;
C. A 18 -foot 4 -inch long variable height retaining wall constructed of smooth
stucco with brick cap with a maximum height of 28 -inches encroaching 1 -foot
into the Poinsettia Avenue right-of-way and;
d. An 8 -inch wide variable height wall constructed of smooth stucco with brick
cap with a maximum height of 28 -inches encroaching 1 -foot into the Poinsettia
Avenue right-of-way and;
e. A 10 -foot 2 -inch wide decorative entry walkway constructed of grey color
porcelain pavers encroaching 1 -foot into the Poinsettia Avenue right-of-way.,
as approved by the Public Works Department and as shown on Exhibit B,
attached hereto and incorporated herein by reference.
f. 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 Owners 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 Owners 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. Owners and City further agree as follows:
a. Owners 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. Owners shall maintain Permitted Improvements in accordance with generally
prevailing standards of maintenance and pay all costs and expenses incurred
Dutton/Hanson Encroachment Agreement 2
in doing so. However, nothing herein shall be construed to require Owners 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, Owners 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 Owners in advance of its intention to accomplish such
work, provided that an emergency situation does not exist.
(ii) Owners 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) Owners agree 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 the Owners, City may enter
upon Right -of -Way and remove all or part of the improvements installed by Owners.
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. Owners 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. Owners agree 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.
Dutton/Hanson Encroachment Agreement 3
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. Owners 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]
Dutton/Hanson 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 ATTORNEYYGS OFFICE
Aaron C. arp
City A rn y
ATTEST: n',(
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 5i1'4\'�
! By: c " G.
01.6311 Dave
6&j— City Manager
OWNER(S): Michael J. Dutton and
Johanna E. Dutton Husband and Wife
as Community Propperty
Date: ��, -7) d0l i
By:
Michael J. Mtton
Owner of 608 Poinsettia #A
Date: 02 D }
By:
J hanna E. Dutton
Owner of 608 Poinsettia Avenue #A
OWNER(S): Gayle Lynn Hanson, a
Single Woman
Date: -A, .,A % 25 4n t:
of 608 Poinsettia Avenue #B
[END OF SIGNATURES]
Owners must sign in the presence of notary public
ATTACHMENTS: Exhibit A — Legal Description of Properties
Exhibit B — Permitted Improvements as Approved by Public
Works
Dutton/Hanson 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
uounr or vtd ess.
On ji AAq 1 o 20 1 1 before me, Susan W. Manrow, Notary Public Notary
Public, petisonally appeared O%tdnna f . 'TI i ton , who proved to
me on the basis of satisfactory evidence to be the person($) whose name( is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity0es), and that by his/her/ttheir signatures on the instrument the person($), or the entity upon
behalf of which the person() 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.
sus" W. 'w
o
. ''�`
WITNESS my hand and official seal. '< Cot W1 s 02t2t1�2 2
Z Notary rub k - Caftrnla
Oranpa County
Comm. 19, 2019
Signature (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, (t 1 r� LEI�SA l� Notary
Public, p nal y appeared , proved to me on
the basis of satisfactory evidence to be the personf&Ywhose name'/ is/
subscribed to the within
instrument and acknowledged to me that he/06they executed the same in his/).er/thiir authorized
capacity s-), and that by his/��r signatures(sj on the instrument the persorl(s), or the entity upon
behalf of which the personal 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 o I al seal.
Signature
A. T. MALEKSAEIDI
J ; ^ Commission # 2115249
_® Notary Public - California 77
Orange County
(seal)My
Comm. Expires Jun 13, 2079
Dutton/Hanson Encroachment Agreement 6
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE
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
On 20 before me, my, -riner l a
Date _ Here Insert Name and title of the Officer I
personally appeared
of Signer(s)
who proved to me on the basis of satisfactory evidence to be the personK whose namex is/ppe,
subscribed to the within instrument and acknowledged to me that belshe/(key executed the same in
.14Wher/tladr authorized capacity(io<and that by t*Mer/fir signatureWon the instrument the persorlW,
or the entity upon behalf of which the person* acted, executed the instrument.
IVAN K. REVES TENORIO
Commission 41 2144662
Notary Public - California
Orange County
M Comm. Expires Mar 1, 2020+
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 d official seal.
Signature `
Signature of Kotary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
MY40111.2• • • • • ✓ ✓•v d • •v err . ir• b•r
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTIES
Dutton/Hanson Encroachment Agreement A-1
RECORDING REQUESTED BY:
American Coast Title
AND WHEN RECORDED MAIL TO:
Mr. and Mrs. Michael J. Dutton
608 Poinsettia
Corona del Mar, CA 92625
Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
IIIIIIIIIIIIIiIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 29.00
2010000605234 04:10pm 11/12/10
66 406 G02 2 07
761.75 761.75 20.00 0.00 3.00 0.00 0.00 0.00
THE UNDERSIGNED GRANTOR(S) DECLARE(S)
DOCUMENTARY TRANSFER TAX is $1,523.50
[X] computed on full value of property conveyed, or
(] Computed on full value less value of liens or encumbrances remaining at time of sale.
[ ] Unincorporated area [X] City of Newport Beach
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Kirk A. Seaman and Dawn] L. Novak who aqulred title as Dawn! L. Seaman, Husband and Wife as Joint
GRANT(s) to:
Michael J. Dutton and Johanna E. Dutton Husband and Wife'as Community Property
the real property in the City of Newport Beach, County of Orange, State of California, described as:
LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A" AND MADE A PART HEREOF
Also Known as: 608 Poinsettia Avenue, #A, Corona Del Mar, CA 92625
AP#: 938-01-233
DATED October 13, 2010
STATE OF CALIEORNIA
On
wnu proveu to me on the oasis or tisfactory evidence to be
the person(s) whose names) i are bscribetl to the wi
instrument and acknowledge me that he/she ey
executed the same i s/h a thorized capacityI
and that by his/her e r ig on the instrument the
person(s), or the a pon 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 foregoig� aragraph is true and correct.
WITNESS my hgrd•at�YbftJtial seal.
aY!� WiE
rY/fl1291�B
NO6Pulc•c4Fa
egCuS
UOLL101
MY
21, Nn
(This area for official notarial seat)
IF NO PARTY SHOWN, MAIL AS DIRECTED ABOVE:
ORDER NO.: 209915
EXHIBIT "A"
PARCEL A: AN UNDIVIDED'/] INTEREST IN AND TO PARCEL 1 OF PARCEL MAP NO. 90-306, IN
THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN
ON A MAP FILED IN BOOK 262 PAGES 43 AND 44 OF PARCEL MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM UNITS 1 AND 2 AS SHOWN AND DEFINED ON THE CONDOMINIUM PLAN
RECORDED JUNE 10, 1991 AS INSTRUMENT NO. 91-2929612 OF OFFICIAL RECORDS OF SAID
ORANGE COUNTY (THE "CONDOMINIUM PLAN').
PARCEL B: UNIT 1, AS SHOWN AND DEFINED ON THE CONDOMINIUM PLAN.
PARCEL C: AN EXCLUSIVE EASEMENT APPURTENANT TO EACH UNIT FOR THE USE AND
OCCUPANCY OF THOSE PORTIONS OF THE EXCLUSIVE USE COMMON AREA DESIGNATED
AS PATIOANALKWAY ON THE CONDOMINIUM PLAN.
RECORDING REQUESTED BY
TICOR TITLE
TUSTIN-ORANGE CO. BRANCH
RECORDING REQUESTED BY
Ticor Title Company of California
MAIL TAX STATEMENTS AND
RECORDED DEED TO:
t;avle Lvhn Hanson
608 Poinsettia Avenue B
Newport Beach, CA 92625
ORDER NO.: 359967 -CF
ESCROW NO.: 00359967 -001 -CB
No. 938-0I-234
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
11111111111111111111111111111111111111111111111111111111111111Jill 11111111118.00
*$ R 0 0 0 8 0 5 3 5 0 8 $
2015000652579 8:00 am 12129115
143 404 G02 F13 4
0.00 0.00 0.00 0.00 9.00 0.00 0.00 0.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT DEED i.3o CoNsidatial/�iJlar
THE UNDERSIGNED GRANTOR(s) DECLARE(s) Documentary Transfer Taxis $ 0.00
❑ unincorporated area 0 computed on full value of interest or property conveyed, or
X the City of Newport Beach ❑ full value less value of liens or encumbrances remaining at the
time of sale
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Gayle Lynn Hanson, a Single Woman who acquired title as Gayle L. Heckle, an Unmarried Woman
hereby GRANT(s) to
Gayle Lynn Hanson, a Single Woman
the following real property in the City of Newport Beach County of Orange, State of California:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
Dated: December 22, 2015
Gayle .Haon ,J —
Page I
GOGNERIC
Escrow No. 00359967 -001 -CB
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 (4 e- } SS:
//'' I //'' ff
On V be =ore 61-aG 4 (JO i,7 ,
a Notary Public, personally appeared an
who 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
signature(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.
VMOCTIR�Y
RANT GOLD
M J 1991916 rrnn
N rVWCeWr01W84"rI
Signature. rL. OCC 18, 1L16
GRANTDEE
Escrow No.: 00359967 - 001 - Cathleen Brooks
EXHIBIT "A"
A Condominium Comprised of:
Parcel A:
An undivided 1/2 interest in and to Parcel I of Parcel Map No. 90-306, in the City of Newport beach, County of Orange, Slate of
California, as shown on a Map filed in Book 262, Pages 43 and 44 of Parcel Maps, in the Office of the County Recorder of Orange
County, California.
8xcepting therefrom Units I and 2 as shown and defined on the Condominium Plan recorded June 10, 1991 as Instrument No. 91-
'_92912 of Official Records of said Orange County the "Condominium Plan".
Parcel B:
Unit 2 as shown and defined on the Condominium Plan.
Parcel C:
An exclusive easement appurtenant to each Unit for the use and occupancy of those Portions of the exclusive use common area
designated as patio/walkway and carport of the Condominium Plan.
For APN/Parcel ID(s): 938-01.234
Page 2
GRANTDEE
ILLEGIBLE NOTARY SEAL DECLARATION
GOVERNMENT CODE 27361.7
I CERTIFY UNDER THE PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:
NAME OF NOTARY: (SniCg
DATE COMMISSION EXPIRES: io- IS- zd16
NOTARY IDENTIFICATION NUMBER: I9g/g z6
(NOTARY COMMISIONED AFTER 1-1-92)
MANUFACTURER/VENDOR IDENTIFICATION NUMBER: Us ts.
COUNTY WHERE BOND IS FILED: C)Rau
PLACE OF EXECUTION: SANTA ANA DATE !z -Zq -zo1S
�-BY:
EXHIBIT B
PERMITTED IMPROVEMENTS PLAN
Dutton/Hanson Encroachment Agreement Page B-1
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