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HomeMy WebLinkAboutC-5067 - Encroachment Agreement and declaration of Covenants between Landowners (Non-Standard Street Improvements) (for 2104 West Ocean Front)RECORDING REQUESTED AND WHEN RECORDED RETURN TO: IP) Public Works Department City of Newport Beach Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92659-1768 V Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 39.00 19970568600 2:00pm 11/07/97 005 2005089 02 19 Al2 12 6.00 33.00 0.00 0.00 0.00 0.00 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 /OIL day of Cc-L-6—c` , , 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 feed 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 Tight, or storm drain 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 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 Toss 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 unenforceability 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 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. City Clerk APPROVED AS TO FORM: City Attorney CITY OF NEWPORT BEACH a Municipal Corporation RICHARD LEE LAWRENCE 5 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On MIL , 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. Cat (Wet CI4PCL Ciu ctio O J Signature ()1,02.0_0) I 00.i L {P 6 Name (Typed or Printed) STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. 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:lgroups\pubworks\encroachVawrence.doc 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of 0/O,b, / U;(tJ County of On I 1 l( f a c/a before me, &4Od / V0,3 fot�.t/ PU.,!'.�..I,J I Date ;�� \ n n N e an Title Officer e. Jan Doe, Notary Public"L, /tit Name/of Signe t ❑ personally known to me proved to me on the basis of satisfactory evidence personally appeared + - CAROL S. AYRES COMM...1088176 n NOTARY PUBLIC-CALIFORNIA G-J - "fir �)►,' ORANGECOUNTY My Term Exp. Feb. 25, 2000 to be the person(whose name( ,.ar.o-subscri ed to the within instrument and ac lowledged to me that e hel.ther executed the 5.ame inier/thetr authorized capacity(4es), and that by isiier/tiretr signature(a)'on the instrument the person( s.) or the entity upon behalf of which the person(' acted, executed the instrument. WITNESS my hand and official seal. Signature of ary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: wO/tihnot) Number of Pages:3 Signer(s) Other Than Named Above: mayor., eit Capacity(ies) �Claimeed //bnny��Signerl(ss) Signer's Narf�eM (AM -WC 111 (.a iLYff/j2 Individual Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Sizler Is Representing: RIGHT THUMBPRINT OF SIGNER Top of humb here igner'sName: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limi `d ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Represgfiting: © 1996 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 7; .iv_ .—••- State of County of (ifa„, e- On ttelaq") Date personally appeared before me, V��,��n�,:e,_ .Vf,uv. C Q Name and Title of Officer 'Jane Doe Notaryp Public") ti.e�V sr.,A Vh. WmA114,o Ctlhaurv, Name(s) of Signer(s) OFFICIAL SEAL VIRGINIA A. VARIN NOTARY PUBLIC - CALIFORNIA COMMISSION 01143204 ORANGE COUNTY My Commission Exp. July 20, 2001 ,2'personally known to me ❑ 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 4e/che/they executed the same in hic/hcr/their authorized capacity(ies), and that by hi3/hcr/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document nn Title or Type of Document: p�s� G AA J l,$v4n to Document Date: � ll4, \ SCi 1 Number of Pages: ti Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individ I ❑ Corporat Officer Title(s): ❑ Partner — ❑ Attorney -in -Fa ❑ Trustee ❑ Guardian or Consery or ❑ Other: Signer Is Representing: imited ❑ General RIGHT THUMBPRINT OF SIGNER Top of thumb here ❑ Individual Corporate Officer itle(s): ❑ P. ner — ❑ Limited ❑ General ❑ Atto •ey-in-Fact ❑ Trustee ❑ Guardian . Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here • • • • • • • • • • • © 1996 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 a14 11rin i. 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