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Home My WebLink AboutC-4093 - Encroachment Agreement (for 225 Pearl Avenue)go- 0 RECORDING REQUESTED AND 7r' WHEN RECORDED RETURN TO: V City Clerk City of Newport Beach Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92659-1768 AZ gIkg E 1994 Cvjgar .. ---3LI -- L `-'-' -) 01 : 1 7 R corded in Official Kerordf of Orans- iuwi.y, California Lee An Branch, County Recorder se 1 of 5 Fees: $ 2r: Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT THIS AGREEMENT is made and entered into this 0 T� day of OsUiL%C , 1994, by and between Alfred Mayer (hereinafter "OWNER"), and the City of Newport a municipal corporation organized and existing virtue of its Charter and the Constitution and State of California, (hereinafter "CITY"); W ITNESSET H: and Herta Mayer Beach, California, under and by the laws of the WHEREAS, OWNER desires to construct certain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within the Half Moon Bay Drive right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to Lot 42, Tract 7510, as shown on a map recorded in Book 292, Page 20 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; also known as 5 Half Moon Bay Drive, Newport Beach, California; and 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 16" square masonry mailbox column, "Endicot" Iron Spot brick bands on concrete base walk with planters (flush), and appurtenances in the Half Moon Bay Drive right -of -away as shown on EXHIBIT "A" attached hereto and as approved by the City Engineer. 2. CITY will permit OWNER to construct, reconstruct, install, maintain, use, operate, repair and replace said r-. 8 ° c 1 PERMITTED IMPROVEMENTS and appurtenances incidental thereto, within a portion of RIGHT-OF-WAY, all in substantial conformance with plans and specifications on file in the CITY. CITY will further allow OWNER to take all reasonable measures 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 or enlargement of existing or future public facilities or improvements, CITY may remove 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; 2 (i„ OWNER agrees to pay all 2osts for renewal or restoration of the PERMITTED IMPROVEMENTS. 5. 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 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: By: City Attorney ATTEST: 3 CITY OF NEWPORT BEACH, a Municipal corporation By: OWNERS: By: STATE OF CALIFORNIA SS: COUNTY OF ORANGE On personall Ulir� appeared --(-er62roved to me on the basis of satisfactory evidence to be the persons) whose name(s) i are' subscrib to the within instrument and acknow aged to me that � the hie- executed the same in hi-s= rer/their authorized capacity ies), and that by h_&/— (eir Tignature(s) on the instrument the person(s) or the entity upon behalf of which the person acted, executed the instrument. WITNmy nd official seal. , 1994, before me,5(49MJv/-CA LpeJ /With �CLf�3Z�(i ubli rand for' aid State STATE OF CALIFORNIA ) COUNTY OF GE ) On A,e personal(y/appeared SS: OFFICIAL NOTARY SEAL Gr' SUSAN D. CAMPBEL L )) Notary Public— Ca:i`,ornia ORANGE COUNTY My Comm. Expires AUG 19,3 <_'-" (This area for official notarial seal) 199 fore m '//7 _ice- 24 personalil known to me (or proved to 'me ion evident ` to be the perso s)') whose names, within instrument and acknowledged to me that he/she/ same in his/her/ heir)au horized capacity(i-e-s , and tha his/her/(whir signatur on the instru e --the perso entity up'bn behalf of which the personacted, execu instrument. WITNESS my hand and official --)seal. Notary Public in- B:\AG-94M.ENC EP-94-162 Or 0 he basis of satis ary e>subscribed to the 1 y; executed the lby (p) or the ed the °',.< Shauna Lyn Oyler r U !:) Comm #1002681OTARY PUBLIC CAUFORNIORANGE COUNTY LiComm. Exwne Aup. 22, 1997 .+ (This area for official notarial seal) 4 LIT- M 7AM NoTlS Picorost2 COLIC, f AVING WITH f aw- "ENPICoT" I I2oN 51cr 13ricK BANPs AS SHOW N,TYt? (ALL ic <LL- t' II2o1..I S�'YJr).FLuSU Val/ca1.K.WAI-1( 2. UP(G) "12155125coNc. 4I31etcK NOSING. 3. wow HANpI2AIL ToMATG-f XIrr. CaATEs(-rue'uLAt2 STaEI.)W/STAN7,41211-- CNo �ALL�JSTEt ol�'t�,QTTII�N' ��SI��) �.1\1 \t1 LooATI aN dole tzELocAsT5p J NTI21' GA'I"E+ S..ALL EXI�r' �' NEW MASofJIeY WALLS - To STUCco 1I1.1I5HEp(-ro MArcµ 12 SII�t✓NCE� WITH exICK cAp. (,.)JE N CoNC. PlejVE 413t2Icl<HAND. As SHowtJ . 1.: I61' SQ. MASoN I-Y MAN L1OX Col.0 M f.1 :_ Wf STUCCo FINISH t3Pcl CAS; CHT pt12 11,5TAL Gt21 TE1eIA� 8. rx 4 IN7ICATEs I'Iec1 E� -,ANTE WALL, I-+T AS I,-1OTE::p,: e l.N'f ' WALL @G1-o11 To MATG4 XI ST HEIG H'r. 10. r=AcE ot= EXIST col`1cg'E1-5 EXIeT. GAKAC-. 5 avl1.15e. s NAL1% MooN Y Dtz N 41Pole'r / CH,C I. 1 2660 (114) -16,0 -Soo # (A.l?N48-483-0-1) SALE: /8'�='l'-0it_ EXHIBIT "A"