HomeMy WebLinkAboutC-4918 - Encroachment Agreement (for 6090 West Ocean Front)RECORDING REQUESTED E
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(^ounty of Orange, California
Gary L. Grar .le Clerk/Recorder
III II I I I II IN II II I II II III III 22.00
008 14007720 14 219960638071 3:37pm 12/18/96
Al2 6 7.00 15.00 0.00 0.00 0.00 0.00
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
THIS AGREEMENT is made and entered into this ,�/". day of
h21.e,yKI:q., 1996, by and between Robert C. Politiski and Noreen S.
Politiski (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 600 West Ocean Front, Newport Beach, California
and legally described as portions of Lots 3, 4, and 5, Block 9, East
Newport Tract; as shown on a map recorded in Book 3, Page 37,
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 West
Ocean Front and Alley No.252 rights -of -way (hereinafter "RIGHT-OF-
WAY") that is located adjacent to 600 West Ocean Front, 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 and maintain said PERMITTED IMPROVEMENTS;
NOW, THEREFORE, in consideration of the mutual promises, the
parties hereto agree as follows:
1. It is mutua±ly agreed that PERMITTED IL-ROVEMENTS shall be
defined as a non-standard 4" diameter sewer lateral with 3 sewer
cleanouts and appurtenances located in the West Ocean Front and Alley
No.252 rights -of -way 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. In addition, the OWNER is responsible for said
PERMITTED IMPROVEMENTS and appurtenances from the first sewer cleanout
south of the sewer manhole (located at the intersection of Alley
No.252 and Alley No.256M) to their property.
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.
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.
2
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.
(11) OWNER shall be resoons.ble for arranging for any
renewal, restoration, or relocation 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,
restoration, or relocation 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
3
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:
ATTEST:
City Attorney
/ ) /4/,,(4e-e%)-)
City Clerk
CITY OF NEWPORT BEACH,
a Municipal corporation
By:
OWNERS:
Noreen S. Politiski
4
STATE OF CALIFORNIA
COUNTY OF ORANGE )
ss:
On /( 'v l Z 1 96, bef '�"� , �,
personally appeared /1 C . /��' `r w
personally known to me
evidence) to be the person(s) whose name(s) ieg/are subscribed to the
within instrument and acknowledged to me that h #ehe/they has executed
the same i-n-hIsOffbritheir authorized capacity(ies), and that by
/their signature(s) 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.
Notar Public in and for said State
STATE OF CALIFORNIA
COUNTY OF ORANGE
On 42--/-yG
personally appeared
personally known to
evidence) to be the
)
)
)
(or proved to me on the basis of satisfactory
ss:
(This area for official notarial seal)
POLITISKI
,�7 NOTARY PUBLIC CAL ORNIA
'
r ilrnc a Coy;
•F.H: „> Cc,om xpiros Apr 24, 19�38 -►
, 1996, before me,
IRENE L3UTLER
me (or roved t me on the basis of satisfactory
person(s} whose rame (s)) is/ .; subscribed to the
within instrument and acknowledged tome -that he/sheheD hat executed
the same in his/herktheir7authorizedc-cAacity(ie4, and that by
his/herq he gnature(i on the instrument the person(sT) or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
(This area for official notarial seal)
F:\WP51\GILBERT\AG\POLITI96.DOC
BUTLER
Comm. #1008878
NOTARY PUBLIC CALIFORNI
ORANGE COUNTY
Comm. Evian Nov. 11, 1997
�.�a� •_♦ _•t
5
EXIST. CONC. ALLEY
U
W
Z
J
m
0
SEWER LINE
A317V
V ,01
r
IT
J
a
3
'ame '0 3-1e8
0
n
a
01
t
m•
14
W
d
EXIST. HOUSE
,00.0Z
0
M
00.9/
1-
CD
,LI
r.•
M
v
n
m
r
O
tou
N
O
i ,CZ
EXIST 6" CIP W
EXIST. CONC. BOARDWALK
W
0
0
1-
H
8
Q
co
w
0
1-
s
1-
W
K
W 3m
Z Wr-
0 in
YY
1- a I- a a3
CC
h EW
;a
Z
Q c M
a 3¢Z JZKv
Fg OmWJY WE
W W § Z w?
n
2 NZNE O
10 U
Z0 Y _YOOZ
Na Ww NCJC92
0 co z° saga of -r
4, Wg aZ CW FF..W
0y.O7 JOQ J L:W
N C WI Qa s WW
F~ o
zW N5yymIlO �, W OW
O OW 4•F 40 O WO
U Um CIAO N-a U KO