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Home My WebLink AboutC-4873 - Encroachment Agreement (for 1307 Bonnie Doone Terrace)RECORDING REQUESTED I_ WHEN RECORDED RETURN TO: Public Works Department City of Newport Beach Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92659-1768 Space above this line Recorded in the Cc .y of Orange, California Gary L. Granvill, IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII� Clerk/ NooF er IIIIIIIIIIIII NN 005 11003587 11 119970233597 10:40am 05/20/97 6 Al2 6 7.00 15.00 0.00 0.00 0.00 0.00 for Recorder's use only. ENCROACHMENT AGREEMENT eta97/9' S� �5 THIS AGREEMENT is made and entered into this /<t day of 1997, by and between Michael W. Rolfes (hereinafter "OWNER")'-; and the City of Newport Beach, California, corporation organized and existing under and by virtue of and the Constitution and the laws of the State of a municipal its Charter California, (hereinafter "CITY"), "OWNER" is the owner of property located at 1307 Bcaanie Doone Terrace, Newport Beach, California and legally described as Lot 62, Tract No. 1700, as shown on a map recorded in Book 52, Pages 7 and 8 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 certain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within a portion of an existing 10-foot public utility easement serving lot 62, Tract 1700 (hereinafter "EASEMENT"), as shown on a map recorded in Book 52, Page 7 and 8 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; also known as 1307 -Boo-nie Doone Terrace, Newport Beach, 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 reconstruct and maintain said PERMITTED IMPROVEMENTS; NOW, THEREFORE, in consideration of the l«utual promises, the parties hereto agree as follows: 1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as 6-foot high masonary wall 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' 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. 2 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: (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 EASEMENT 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 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. 3 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. 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 ATTEST: atio2L `77) r/(604ei,,7-7 City Clerk CITY OF NEWPORT BEACH, a Municipal corporation OWNER: By: ✓lip_ Michael W. Rs6lfes 4 STATE OF CALIFORNIA COUNTY OF ORANGE ss: On (✓<°�� 1997, before me, ; 44 personallyi appeared /774a / �C/�%�� ,/)44-- - , p�ersorfally known to me (or proved to me on the basis of satisfactory evidence) to be the person (s'' whose name (,$) is/;are subscribed to the within inst r..1.1ment and acknowledged tome that li,%her/they executed the same in( hiss/her/their authorized capacity(ies), and that bye' hisJher/their signature(.) on the instrument the person(.') or the entity upon behalf of which the persons/Vs) acted, executed the instrument. WITNESS my hand and official seal. Notary Public inad for aa�id State STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE (This area for official notarial seal) Shauna Lyn Oyler ,U( 'i > Comm #1002681 ,/-� V tt�F,��+� NOTARY PUBLIC CALIFORNIA9 i T1�1%�° ORANGE COUNTY 0 so Comm Expires Aug 22. 1997 -+ On i , 1997, befor me, J111 .-de...6(1,_, personally app'ared .g4c1W known to me (or • oved to ne on 'thefbasis of satisfactory evidence) to be the perso whose nam Igis/ re subscrib d to the within instrument ..� nowledged to me that h's/her/th executed the same in his/he thei authorized capacit (ies , and that by his/he �their signaturon the instrument the perso s) or the entity upon be alf of which the persons(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State F:\WP51\GILBERT\AG\ROLFES97.DOC d' personally (This area for official notarial seal) COMM. #1008878 MY PLOW - CALIFOR OM E COUNTY COmm. Eia.. Nov. 11, 1997 '+ 5 SLOPI GUTTER TION •TRUCT ION _ - TION (N) PAVING - NEIN MASONRY WALL SEPARATE PERMIT LI OF (N) PAVING EXISTING NEN 51"IAIE A NEkl PAVING ---- 11/4 0_ 0 (.1.) NOTE: SEE SHEET A- 4 FOR ATTIC VENT LOCATIONS SITE/ROOF PLAN -i. KA" CC Pouse Ckt