HomeMy WebLinkAboutC-1061(B) - Encroachment Agreement and Declaration of Covenants between Landowners (Non-Standard Street Improvements) (for 2100 Ocean Front West)•
RECORDING REQUESTED AND
WHEN RECORDED RETURN TO.
Public Works Department
City of Newport Beach
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659-1768
Recorded an the County of Orange, California
Gary L Granville, Clerk/Recorder
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19970568600 2:00pm 11/07/97
005 2005089 02 19
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Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT AND DECLARATION OF COVENANTS
BETWEEN LANDOWNERS
(NON-STANDARD STREET IMPROVEMENTS)
This Encroachment Agreement supersedes the Encroachment Agreement executed on
November 17, 1982 and recorded on November 29, 1982 as Official Record No 82-416124 in
the Office of the County Recorder of Orange County, California THIS AGREEMENT is made
and entered into this /(ftL day of cc Ca, , 1997, by and between
Richard Lee Lawrence (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 the laws of the State of California, (hereinafter "CITY"), "OWNER" is the owner
of property located at 2104 W Ocean Front, Newport Beach, California, and legally described
as Lot 19, Block "21", Newport Beach Tract, as shown on a map recorded in Book 3, Page 26
inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County,
California,
W ITNESSETH
WHEREAS, CITY administers certain public street rights -of -way located in the
City of Newport Beach, County of Orange, State of California, which rights -of -way are more
particularly described in Exhibit "A" hereto and by this reference incorporated within, and
WHEREAS, OWNER holds a 99-year lease, which terminates on or about the
year 2070, on that certain real property located on the corner of Ocean Front and McFadden
Place in the City of Newport Beach, County of Orange, State of California, which real property
is more particularly described as Lot 19, Block 21, Newport Beach Tract, as shown on a map
1
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• filed in Book 3, Page 26 of Miscellaneous Maps, Records of Orange County, California, and
which real property is contiguous to the aforesaid street right-of-way as shown on Exhibit "A",
and
WHEREAS, said street right-of-way also contains public utility easements, and
WHEREAS, CITY has sewer, water, street lights, and storm drain facilities located
within said street right-of-way; and
WHEREAS, CITY desires to condition approval of construction of non-standard
street improvements over a portion of said street right-of-way containing said utility facilities;
and
WHEREAS, the parties hereto desire to execute an Agreement providing for
fulfillment of the conditions required by CITY to permit OWNER to construct said non-standard
improvements,
NOW, THEREFORE, in consideration of their mutual promises, the parties hereto
agree as follows
1. It is mutually agreed that "non-standard street improvements" shall be
defined as any landscaped planter areas, landscaped planters with decorative brick/wrought
iron and accompanying irrigation systems\lighting, non-standard street lights, bike racks,
benches, awnings, street clocks, portable gas fire pit, trash receptacles, grouted brick pavers,
and appurtenances within the public right-of-way "Standard street improvements" shall be
defined as asphalt concrete and/or portland cement concrete surfacing with only a "broom" or
trowel finish.
2 CITY will allow OWNER to construct, reconstruct, install, maintain, use,
operate, repair and replace said non-standard street improvements and all facilities and
appurtenances necessary and incidental thereto, over CITY's utility facilities, all in substantial
conformance with plans and specifications therefor on file in the CITY's Public Works
Department of the City of Newport Beach, in, on, and across those certain rights -of -way
described in Exhibit "A" hereto CITY will further allow OWNER to take all reasonable
measures necessary or convenient in accomplishing the aforesaid activities
3. OWNER and CITY further agree as follows.
(a) OWNER shall construct and install non-standard street improvements
and all facilities and appurtenances necessary and incidental thereto, all in substantial
2
•conformance with plans and specifications therefor on file in the CITY's Public Works
Department, in, on, and across those certain rights -of -way described in Exhibit "A" hereto
(b) OWNER shall maintain the aforesaid non-standard street
improvements and facilities in accordance with general prevailing standards of maintenance,
and to 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 non-standard street improvements
Should a dangerous or defective condition of said improvements occur,
OWNER understands and agrees that they are responsible for such condition, and further
agrees to proceed immediately to correct the condition
In the event the City Council of the City of Newport Beach determines, after
a public hearing held on at least thirty (30) days prior written notice to OWNER, that OWNER
has failed or ceased to maintain the aforesaid improvements and facilities as required by this
paragraph, OWNER agrees that CITY may, at CITY's option, assume the maintenance thereof
and may bill OWNER directly for the costs of such maintenance OWNER agrees to pay the
amounts set forth in said bills promptly, upon receipt of such billing
CITY reserves to itself the right to make such emergency repairs to the
improvements and facilities installed by OWNER pursuant hereto as it deems necessary for the
immediate protection of the public health and safety OWNER agrees to promptly reimburse
CITY for the reasonable costs and expenses incurred by CITY in effecting such emergency
repairs.
(c) That should CITY be required to enter onto any easements owned by
CITY to exercise its primary rights associated with said easements, including, but not limited to,
the maintenance, removal, repair, renewal, replacement or enlargement of the water, sewer,
street light, or storm dram facilities, the CITY may remove portions of the non-standard street
improvements and in such event
1) CITY shall notify OWNER of its intention to accomplish such
work,
2) OWNER shall be responsible for arranging for any renewal or
restoration of the non-standard street improvements affected by such work by CITY,
3
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3) CITY agrees to bear the portion of the costs of any such renewal
or restoration of the non-standard street improvements not in excess of the cost which would be
incurred for the restoration or renewal of standard street improvements in the same location,
4) OWNER agrees to pay any costs of renewal or restoration of the
non-standard street improvements in excess of the costs to be paid by CITY.
(d) Owner agrees to defend, indemnify and hold harmless CITY, its
officers, agents and employees from all demands, claims, losses or liability on account of injury
or damage to persons or property suffered or claimed to be suffered as a result of the
construction, use, maintenance or renewal of the non-standard street improvements
4 OWNER agrees to bear the cost of providing water for planter irrigation,
cost of power for non-standard street lights and street clock, and cost of gas for fire pit.
5. OWNER agrees that if the CITY should ever need to use the right-of-way
over which the non-standard street improvements are established, CITY can cause the
improvements to be removed and face no liability to OWNER for the loss of use of the non-
standard street improvements.
6 No breach of the covenants, conditions or restrictions herein contained
shall defeat or render invalid the lien of any deed of trust, lease or lawful encumbrance made in
good faith and for value, but all of said covenants, conditions and restrictions shall be binding
upon and effective against any owner whose title is derived through foreclosure or trustee's
sale or otherwise
7. These restrictions, covenants and agreements may be modified, amended
or terminated jointly by the parties hereto, or their heirs, assigns or successors, expressed in
writing and recorded in the Office of the County Recorder of Orange County, California
8 The provisions hereto shall be deemed independent and severable, and
the invalidity or partial invalidity or unenforceabihty of any one provision or portion thereof shall
not affect the validity or enforceability of any other provisions hereof
9. It is mutually agreed that this Agreement shall be binding upon the heirs,
successors and assigns of OWNER and shall also be binding upon owners who take title to the
property by reason of foreclosure, trustee's sale, or otherwise
10 Each of the parties hereto specifically consent to the recordation of this
License Agreement in the Office of the County Recorder of Orange County, California, and the
4
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covenants, restrictions and charges hereunder, and all their benefits and burdens shall run with
the land, pursuant to Section 1468 of the Civil Code of the State of California
11 When notice is to be given pursuant to this Agreement, it shall be
addressed as follows.
City Owner
City of Newport Beach Richard Lee Lawrence
Office of City Attorney 1600 Dove Street
3300 Newport Boulevard Suite 327
P.O. Box 1768 Newport Beach, CA 92660
Newport Beach, CA 92663-3884 and
2104 W. Ocean Front
Newport Beach, CA 92663
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the day and year first above written
ru
ATTEST
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City Clerk
APPROVED AS TO FORM
City Attorney
CITY OF NEWPORT BEACH
a Municipal Corporation
B
RICHARD LEE LAWRENCE
5
•
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STATE OF CALIFORNIA )
ss
COUNTY OF ORANGE )
On in , 1997, before me, the undersigned, a Notary Public in and
for said Stat , personally appeared RICHARD LEE LAWRENCE, known to me to be the person
whose name is subscribed to the within instrument and acknowledge that he executed the
same
WITNESS my hand and official seal
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ure
0,0ti9L,S i YPS
Name T ed or Pnn d
(Typed )
STATE OF CALIFORNIA )
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COUNTY OF ORANGE )
C e Q#n CCL Qo-itCOm-�)
On , 1997, before me the undersigned, a Notary Public in and for
said State, personally appeared , known to me to be
and known to me to be the
City Clerk of the municipal corporation that executed the within Instrument, known to me the
persons who executed the within Instrument on behalf of the municipal corporation therein
named, and acknowledged to me that such municipal corporation executed the within
Instrument pursuant to its by-laws or a resolution of its Board of Directors
WITNESS my hand and official seal
Signature
Name (Typed or Printed)
f'groups\pubworks'encroaehVawrence doe
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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WITNESS my hand and official seal
Signature of if ary Public
OPTIONAL
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WITNESS my hand and official seal
Signature of Notary Public
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