HomeMy WebLinkAboutC-4450 - Encroachment Agreement (for 1521 Sylvia Lane)RECORDING REQUESTED, AND
WHEN RECORDED RETURN TO:
City Clerk �X,
City of Newp r Beach
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659-1768
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Recorded in Off i c a A t R:` Liu r iJ''
JF Orme FI7C County, California
Lee A. Drench; vss'µn Y Recorder
PAID 1 nf =F Fee_. $ ,;,0
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Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
THIS AGREEMENT is made and entered into this /�� day of
, 1993, by and between Robert Fleming and Linda
F -ming (hereinafter "OWNER"), and the City of Newport Beach,
California, a municipal corporation organized and existing under
and by virtue of its Charter and the Constitution and thelaws of
the State of California, (hereinafter "CITY");
W ITNESSET H:
WHEREAS, OWNER desires to construct certain non-standard
improvements (hereinafter "PERMITTED IMPROVEMENTS") within the
Sylvia Lane right-of-way (hereinafter "RIGHT-OF-WAY") that is
located adjacent to Lot 8, Tract 1805, as shown on a map recorded
in Book 61, Pages 40 inclusively of Miscellaneous Maps in the
office of the County Recorder of Orange County, California; also
known as 1521 Sylvia Lane, Newport Beach, California; and
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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 execute an agreement
providing for fulfillment of the conditions required by CITY to
permit OWNER to reconstruct and maintain said PERMITTED
IMPROVEMENTS;
NOW, THEREFORE, in consideration of the mutual promises, the
parties hereto agree as follows:
1. It is mutually agreed that PERMITTED IMPROVEMENTS shall
be defined as a 5 feet wide colored stamped
concrete driveway approach bordered with 24
stamped concrete and appurtenances as shown
attached hereto and as approved by the City
concrete walk and
inches wide colored
on EXHIBIT "A"
Engineer.
2. CITY will permit OWNER to construct, reconstruct,
install, maintain, use, operate, repair and replace said
PERMITTED IMPROVEMENTS and appurtenances
within a portion of RIGHT-OF-WAY, all in
with plans and specifications on file in
incidental thereto,
substantial conformance
the CITY. CITY will
a
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further allow OWNEn to take all reasonable mea-ures necessary or
convenient in accomplishing the aforesaid activities.
3. Rights granted under this Agreement may be terminated by
CITY at any time by giving 60 days' notice, 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.
4. OWNER and CITY further agree as follows:
a. OWNER may construct and install PERMITTED
IMPROVEMENTS and appurtenances incidental thereto, in substantial
conformance with plans and specifications therefor on file in the
CITY's Public Works Department, and as described on Exhibit "A"
hereto attached.
b. OWNER shall maintain the PERMITTED IMPROVEMENTS in
accordance with general 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.
d. That 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, construction or
enlargement of existing or future sidewalk, public facilities or
improvements, CITY may remove all or portions of the PERMITTED
IMPROVEMENTS, as required, and in such event:
(i) CITY shall notify OWNER of its intention to
accomplish such work, if any emergency situation does not exist.
(ii) OWNER shall be responsible for arranging
for any renewal or restoration of the PERMITTED IMPROVEMENTS
affected by such work by CITY;
(iii) CITY agrees to bear only the cost of any
removal of the PERMITTED IMPROVEMENTS affected by such work by
CITY;
(iv) OWNER agrees to pay all costs for renewal
or restoration of the PERMITTED IMPROVEMENTS.
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5. In the event either party breaches a—y 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 the 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) days' notice, with
the notice specifying the date of termination. In the event of
litigation commenced with respect to any term of condition of
this Agreement, the prevailing party shall be entitled to
reasonable attorneys fees and costs incurred.
6. OWNER shall 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 the PERMITTED IMPROVEMENTS.
7. OWNER 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
OWNERS' interest in the land whether fee or otherwise, and shall
be recorded in the Office of the County Recorder of Orange
County, California.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed on the day and year first -above written.
APPROVED AS TO FORM:
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By:
ity Attfd ney
ATTEST:
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City Cle
CITY OF NEWPORT BEACH,
a Municipal corporation
By:
OWNER:
By:
obert Fleming
Linda Fleming
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STATE OF CALIFORNI- )
) ss:
COUNTY OF ORANGE )
On 4i(12 //
me, --737 / ,D c
, 1993, before
personally appeared Kevin Murphy
personally known to me to be the City Manager of the City of
Newport Beach and Wanda E. Raagio , known to me to be the
City Clerk of the City of Newport Beach, known to me (or 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 his/her/their 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 persons(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature if----(‹;
seal)
(This area for official notarial
PAT ✓E LA HUNT
COMM. # 988739
•) Notary Public — California
ORANGE COUNTY
My Comm. Expires MAR 21, 1997
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE
p, �On
v Ro (2)ERr (Litz( )-t,ubA- FLMIIUco .
, known to me (or 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
his/her/their 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
persons(s) acted, executed the instrument.
WITNESS
Signatur
(1 , 1993, before me, PRSR U (4 ( A5 H K
personally appeared
h.nd and o ficia
ARSAGUHI ASIK I
COMM. #962973
ya! NOTARY PUBLIC-CALIFORNIA
ORANGE COUNTY
My Corn. Exp. April 1, 1996
(This area for official notarial seal)
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