HomeMy WebLinkAboutC-7569-1 - Encroachment Agreement EPN N2018-0410 for 320 Buena Vista BouelvardBatch 4031892 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
Page 1 of 2
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
11111111111111111111111111 11111 111 1$1111111111111111111111111111130.00
*$ R 0 0 1 0 4 9 8 9 8 7$*
201800044725511:58 am 11/29/18
90 SC5 Al2 8
0.00 0.00 0.00 0.00 21.00 0.00 0.000.000.00 3.00
Space above this line for Recorders use only.
ENCROACHMENT AGREEMENT
(Encroachment Permit Number N2018-0410)
THIS ENCROACHMENT AGREEMENT ("Agreement") is made and entered into this
29th day of November, 2018, by and between Stephen E. Rogers, Trustee of the Non Exempt
QTip Trust Under The Rogers Family Trust dated May 2, 2002 ("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 320 Buena Vista
Boulevard, Newport Beach, California, 92661 and legally described as Parcel 1 of Lot Merger
No. LM2016-009 recorded 9/21/17 as Instrument No. 2017000401498 of Official Records in
the office of the County Recorder of Orange County, County Assessor's Parcel Number 048-
031-16 ("Property");
WHEREAS, Owner desires to construct certain non-standard improvements as further
described herein ("Permitted Improvements") within the Buena Vista Boulevard 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:
City and Owner acknowledge that the above Recitals are true and correct and are
hereby incorporated by reference into this Agreement.
Rogers Family Trust Encroachment Agreement Page 1
https://gs.secure-recording.com/Batch/Confirmation/4031892 11/29/2018
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
ce above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
(Encroachment Permit Number N2018-0410)
THIS ENCROACHMENT AGREEMENT ("Agreement") is made and entered into this
29th day of November, 2018, by and between Stephen E. Rogers, Trustee of the Non Exempt
QTip Trust Under The Rogers Family Trust dated May 2, 2002 ("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 320 Buena Vista
Boulevard, Newport Beach, California, 92661 and legally described as Parcel 1 of Lot Merger
No. LM2016-009 recorded 9/21/17 as Instrument No. 2017000401498 of Official Records in
the office of the County Recorder of Orange County, County Assessor's Parcel Number 048-
031-16 ("Property");
WHEREAS, Owner desires to construct certain non-standard improvements as further
described herein ("Permitted Improvements") within the Buena Vista Boulevard 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:
City and Owner acknowledge that the above Recitals are true and correct and are
hereby incorporated by reference into this Agreement.
Rogers Family Trust Encroachment Agreement Page 1
2. It is mutually agreed that Permitted Improvements shall be defined as:
a. A seven (7) -foot wide decorative carriage walk constructed of flat brick installed
at grade encroaching up to three (3) feet into the public Right -of -Way, as
approved by the Public Works Department and as shown on Exhibit A, 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 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:
Rogers Family Trust Encroachment Agreement Page 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
agreements of whatsoever kind or nature are merged herein. No verbal agreement
or implied covenant shall be held to vary the provisions herein.
Rogers Family Trust Encroachment Agreement Page 3
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]
Rogers Family Trust Encroachment Agreement Page 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: _51/ ZO 18
By:
fat -'Aaron C. Harp NM�%IlrIlk
City Attorney
ATTEST:
A114yDate: X
By: opki, PMP)'__
Leilani I. Brown
City Clerk
ATTACHMENTS:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:j ( aw, [
By: /6--1 L7:��
kG acAG ac .Leung
Manager
OWNER(S): Stephen E. Rogers,
Trustee of the Non Exempt QTip Trust
Under The Rogers Family Trust dated
May 2, 2002
Date:
By: -Tk-;tzi.
Stephen England Ro ers
Trustee
[END OF SIGNATURES]
Owners must sign in the presence of notary public
Exhibit A — Permitted Improvements Plan as Approved by
Public Works
Rogers Family Trust Encroachment Agreement Page 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
County of C79 -A til (ae _)SS.
On Wogeftlt 3 G -'e 17o , 20 ln, before me, JewN►FEQ 4mi,,, MOLV6-4 Notary
Public, personally appeared STr.PN&o-I CAIteL.P+NU R0toG21 , who proved to
me on the basis of satisfactory evidence to be the person(4whose name(&) is/ate subscribed to the within
instrument and acknowledged to me that he/sA&AAey executed the same in his/4er,144r authorized
capacity(ie&), and that by his/hap#lieir signatures(%) on the instrument the person(4), 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.
WI SS m hand and official seal. Jennifer nn Mulvey
yCOMM #2214138.
ccNotary Public - California
'U ORANGE COUNT`(
ANQ � My Commission Expires Oct 12, 2021
Sig
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)
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)
Rogers Family Trust Encroachment Agreement Page 6
EXHIBIT A
PERMITTED IMPROVEMENTS PLAN
Rogers Family Trust Encroachment Agreement Page A-1
EXHIBIT `A'
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STATE -1 IfDIA
USE BLACK MK ONLYINO EPAS�B�SN?BTEONS Ofl ALT ENATIONS
c e ncu iu _ Sru�� LOCAL REGISTRATION NUMBER
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PL °F Tti Department of Public Health if it bears the Registrar's in purple in IIII
EIIREI(4 H D 2 9 9 9 2 3 0
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1'111'('0 IREvi 08/11
1. NAME OF DECEDENT -FIRST (Given)
2. 1IODLE
3, FAST (Femlly)
a
JANET
GIMBEL
ROGERS .
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1 -HATE OF BIRTH mm/dd/ceyy
S. AGE Yrs. IFUNOE EYEAR
, Monlha Days
IFUND R
Haws ...K.-
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B. SEX
12/07/1948
63
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,
9. BIRTH STATE/EOREIGN:COUNTRV
10. SOGW: SECURITY NUMBER
11. EVER IN US AHMED FORCES? 12
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17. USUAL OCCUPATION -Type olw«kl, moss o l lila. DO NOT USE RETIRED 18.
KIND OF BUSINESS Ofl INDUSTRY (e.g., grocery st«y, road cdnslmclion.employmonl agency, etc)
19. YEARS IN OCCUPATION
HOMEMAKER OWN
HOME :;._._.' ,..., .,_
42
-20: DECEDENT'S RESIDENCE (Shoal and number, er localian)
740 CHAUCER RD
N O
21. CITU 22. COUNTY/PgOVINGE23
ZIP CODE 24
YEARS IN COUNTY
25. STATEIFOREIGH COUNTRY
SAN MARINO LOS
ANGELES
91108
59
CA
2a. INFORMANT'S NAME. RELATIONSHIP
271NFORMANCS MAILING ADDRESS Sve t'aMnumber,or rbnel ro«-n .. etyorlown, Nal. mdsip)
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STEPHEN ROGERS, HUSBAND
740 CHAUCER RD, MARINO, CA 91108
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28. NAME OF SURVIVING SPOUSE/SRDP'-FIRST
29, MIDDLE -
30. LAST (BIRTII NAME)
STEPHEN
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31. NAME OF FATHER/PARENT-FIRST
32. MIDDLE
33. /AST
34. BIRTH STATE
WILLIAM
THOMAS
GIMBEL
CA
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36. MIDDLE
37 LAST (BIRTH NAME)..
38. BIRTH STATE
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45. UCENSE NUMBER 46
SIGNATURE OF LOCAL REGISTRAR � 47.
DATE mm/d&cgy
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NEPTUNE' SOCIETY
FD1359
► JONATHAN FIELDING, MD 0 11/28/2012
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101. PLACE OF DEATH : -
102.IFHOSPITAL.SPECIFYONE
107. IF OTHER TH HOSPITAL. SPECIFY ONE
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OR LOCATION WHERE FOUND(3I1e01 end'-ber, 1111, steal 108 CITY
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107. CAUSE OF DEATH Enlerthedtaysal vents rkseasea. rQaies. or adnlpyc 1 mall -11, tensed door. DO NOT me, lwmnal-11s avh lime Wim.164feten 10BDFAHFffCfB®TOOC3tif9T/
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IMMEDIATECAUSE w MELANOMA RIGHT SHOULDER WITH METASTASIS TO BRAIN.: r (All
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BIOPSY PERFORMED?
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❑ YES NO
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CAUSE tdisease in
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WEDIN OROUNBIG CAUSE?
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112.OTHER SIGNIFICANT CONDITIONS CONTRIBUTING TO DEATH BUT NOT RESULTING IN TI IE UNDEIILYWG CAUSE GIVEN IN 107
NONE
113. WAS OPERATION PERFORMED FOR ANY CONDITION IN REM 107 OR 112?(Ilyus, list lvp o1 operation and d -l - --
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BRAIN METASTASIS LESION REMOVAL 05/18/2012
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116. UCENSE NUMBER 1
117. DATE mMdd/ccyy
5 a
wLoseSeenAliMARK
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► VINCENT MCNAMARA M.D � �
G62456
11./28/2012
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(A) InMdd/ccyy ,(0) mMdd/.Yy :
118. TYPE ATTENDING PHYSICIAN'S NAMEMAULING ADDRESS.ZIP CODE
MARK VINCENT MCNAMARA_M:D:
K
a lil
05/01/2012 09/06/2012
800 FAIRMONT It 220, PASADENA,, CA 91105
119.1 CEFUIFY THAT W MYCANONOEAT I OOMff ]ATE1OLA DATE AND PLACE SWED FROM THE CAUSES SIAATI3)
INJUREDATWORK?121.
INJURY DATE Sldleeyj
122. HOUR (24 Howe)
Card- w
MANNER OF DEATH [:]Nelural E]Accident[ j Honickw [:]Slid'.
❑'YFS. L-1NO 1:1lUIm
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123. PUCE OF INJURY (e.g.. 1wme, conetneAlon silo, wooded«ea, etc.)
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124. DESCRIBE HOW INJURY OCCURRED (EvenH w*b resulted In ln)wy)
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125., LOCATION OF INJURY (Suety and number, in baits end city, and Apt _
O
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126. SIGNATURE OF CORON ER/DEPUTY CORON ER -
427. DATE rnn I&M-,y
128 PE NAME, TITLE OF CORONER/ DEPUTY CORONER
1
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FAX AUTH.N CENSUS TRACT
REG1srAAR
'010001002207963'
L This is a true certified copy if the record filed Ht the Ccunty of Los Angeles I III III II I I I II I III (VIII II I VIII II III
PL °F Tti Department of Public Health if it bears the Registrar's in purple in IIII
EIIREI(4 H D 2 9 9 9 2 3 0
®' IT d ?�UdLTm'6 TE ISSUED
o Director of Public RRAh Registrar my
NOV 2012
7/ s
This copy not valid unless prepared on engraved: border displaying seal and signature of Registrar.
1'111'('0 IREvi 08/11