HomeMy WebLinkAboutC-5037 - Encroachment Agreement (for 1020 Kings Road)RECORDING REQUESTEL ND
WHEN RECORDED RETURN TO:
Public Works Department
City of Newport Beach
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659-1768
Recorded in the Vounty of Orange, California
Gary L. Granville, Clerk/Recorder
III I I I I I II II 11 I I I III II I I II No Fee
19970064374 12:13pm 02/11/97
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Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
THIS AGREEMENT is made and entered into this !;-It)--) day of
P, 1997, by and between Nick Clemence (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 1020 Kings
Road, Newport Beach, California and legally described as Lot 6, Block
G ", Tract 1219; as shown on a map recorded in Book 38, Pages 26 and
27, inclusively of Miscellaneous Maps in the office of the County
Recorder of Orange County, California;
W I T N E S S E T H:
WHEREAS, OWNER desires to construct/maintain certain non-standard
improvements (hereinafter "PERMITTED IMPROVEMENTS") within the Morning
Canyon Road right-of-way (hereinafter "RIGHT-OF-WAY") that is located
adjacent to 1020 Kings Road, Newport Beach, California;
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
NOW, THEREFORE,
parties hereto agree
and maintain said PERMITTED IMPROVEMENTS;
in consideration of the mutual promises, the
as follows:
1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be
defined as a grouted 12" X 12" slate pavers over 6" concrete base
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driveway, 1.5' to 5.J' high concrete block planters, stone structure
mailbox with low voltage "Craftsman" Lantern, and appurtenances in
the Kings Road 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 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-
2
WAY, including but lint 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;
(iv) OWNER agrees to pay all costs 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.
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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:
ATTEST:
c7-0•4/4-&-)--)
City Clerk
1���, x,..: �J,;
CITY OF NEWPORT BEACH,
a Municipal corporation
By:
OWNER:
Nick Clemence
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ss:
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'FOR
(This (This area for official notarial seal)
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Shauna Lyn Oyler
Comm #1002681 /�
NOTARY PUBLIC CALIFORNIAU,
ORANGE COUNTY 0
Comm. Expires Aug 22, 1997 -
1997, befor me,
personally appeared 4t.2,,' ' p/ hfy144,Y
personally known to me (or rove: t
evidence) to be the perso (s7 whose
within instrument and
the same in his/her
his/her/their gnat
entity upon beh1-ohich the person acted, executed the instrument.
WITNESS my hand and official seal.
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE )
On `7cc//U#t _ ,3 U , 1997, before mec) 4r? 0(.:/j» -
CD
personally appear` d 1%i /�'S (?/C'��y �/r' cc_ 4—,
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s') whose name(s) 14; are subscribed to the
within instrument and acknowledged to me that h she/they has executed
th.e , same in chisJher/their authorized capacity (`fies') , and that by
h-4s/her/their signature on the instrument the person(pi or the
entity upon behalf of which the person acted, executed the instrument.
WITI ,SS my hand a • d o.f. fji jra-1 seal.
STATE OF CALIFORNIA
COUNTY OF ORANGE
On c)- 97
UTL.R
me on the basis of satisfactory
nam7is/ subscribg�d tto the
owledged to me that hejshe ��hee��yy� I executed
authorized capacityies) athat by
on the instrument perso (`s or the
Notary Public in and for said State
(This area for official notarial seal)
F:\WP51\GILBERT\AG\CLEMEN96.DOC
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Comm. Expires Nov. 11, ise7
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