HomeMy WebLinkAboutC-4906 - Encroachment Agreement EP97-282 for 126 Via KoronRECORDING REQUEST AND
T
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 County of Orange, California
Gary L. Granville, Clerk/Recorder
1111111 IIIIIIIII11111IIill No Fee
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ENCROACHMENT AGREEMENT
(EP97-282)
THIS AGREEMENT is made and entered into this /_ c: day
of aturf;tA, 1997, by and between Peter Manno (hereinafter "OWNER"), and the City of
ii
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 126 Via Koron, Newport Beach, California and
legally described as portion of Lot 653 and Lot 654, Tract No. 907, as shown on a map
recorded in Book 28, Pages 31 inclusively of Miscellaneous Maps in the office of the County
Recorder of Orange County, California;
WITNESSETH:
WHEREAS, OWNER desires to construct certain non-standard improvements
(hereinafter "PERMITTED IMPROVEMENTS") within a portion of an existing 4-foot public
utility easement on Via Lorca serving portion of Lot 653 and Lot 654, Tract No. 907 (also
known as 126 Via Koron, Newport Beach, California) hereinafter "EASEMENT", as shown on
a map recorded in Book 28, Pages 31 inclusively of Miscellaneous Maps in the office of the
County Recorder of Orange County, 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 the Easement; and
WHEREAS; the parties hereto desire to execute an agreement providing for fulfillment
of the conditions required by CITY to permit OWNER to construct, reconstruct and maintain
said PERMITTED IMPROVEMENTS;
NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree
as follows:
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1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as
grouted slater pavers over 4" concrete paving with reinforce steel and appurtenances 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 the Easement, 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' written notice, with prior City Council approval, 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 as a result of exercising it's
easement rights to maintain, repair, or replace it's sewer line.
4. OWNER and CITY further agree as follows:
a. OWNER may, at owner's cost and expenses, 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 all repairs.
d. That should CITY be required to enter onto said Easement to exercise its
primary rights associated with said Easement, 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:
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(i) CITY shall reasonably 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, restoration, or
replacement of the PERMITTED IMPROVEMENTS.
e. This agreement does not extend the OWNERS' any rights to construct any
additional improvements at a later time.
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
EASEMENT and remove all or part of the improvements installed by OWNER. Either party
that is alleged to have breached any material provision of this agreement shall be given 30
days written notice of the breach and the opportunity to cure with the date of breach and the
date of termination, if cure is not made. 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 defend, 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 agrees 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.
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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
CITY OF NEWPORT BEACH,
a Municipal corporation
ATTEST: OWNER:
City Clerk
,, fla.f.l',,,,
B
City Manager
4
STATE OF CALIFORNIA
ss
COUNTY OF ORANGE )
5./G , 1997, before me,
ja.LL s &personally appeared
, personally kn wn to me (or proved to me on
the basis of satisfactory evidence) to be the person whose nam s T are subscribed to the
within instrument and acknowledged to e th er/they executed the same in his/her/their
authorized capacity, and that by is/ er/their signatureon the instrument the person )
or the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for aid Sta
Shauna Lyn Oyler 3
0R Comm. #1002681 ^
(5 NOTARY PUBLIC CALIFORNIA",
CC ,* ORANGE COUNTY
G ? •. • Comm. Expires Aug. 22, 1997
) v .v •. v v O er -o ' v v v .r 1
(This area for official notarial seal)
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE )
On , 1997, before me, Octrift personally appeared
vertr.0 ersonally known to me (or proved to me on
the basis of satis'fiactory evidence) to be the personfes-rwhose name,(81 is/a ee subscribed to the
within instrument and acknowledged to me that j)ie/herLff-i,errexecuted the same in Jher/i eir'
authorized capacity jeer,, and that by b4 1her/tJ if signatureleieron the instrument the person(,s -
or the entity upon behalf of which the personsacted, executed the instrument.
WITNESS my hand and official seal.
o. QILtJW.
Notar ublic in and for said State
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OFFICIAL SEAL t
VIRGINIAA. VARIN 0)
NOTARY PUBLIC - CAUFORMA
COMMISSION it 1143264 C
ORANGE COUNTY
My Commission Exp. July 20. 2001 t
(This area for official notarial seal)
5
STATE OF CALIFORNIA )ss.
COUNTY OF ORANGE ) 4/d'epersonally
On [lb7 /3 1997 before me ti
appeare
personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person whose
name re subscribed to the within instrument and acknowledged to me that
he they executed the same in hitheir authorized capacity, and that by
his er/their signature, ' on the instrument the person or the entity upon behalf of
which the person(s) acted, executed the instrument.
WITNESS,y hand and official seal.
Notary Public in and for said-
Shauna Lyn Oyler E
Comm #1002681
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