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Home My WebLink AboutC-2583 - Encroachment Agreement EP97-354 for 3921 Sandune LaneRECORDING REQUEST_ ) AND 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 I III III IIIIIIIIIilllllllll 21,00 005 2005089 0219970568599 2, 00pm 11/07/97 19 Al2 6 6.00 15.00 0.00 0.00 0.00 0.00 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT (EP97-354) THIS AGREEMENT is made and entered into this 1ZX, day of Oc6-c-- 1997, by and between Benjamin Kraut; 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 3921 Sandune Lane, Newport Beach, California and legally described as Lot 76, Tract 6425; as shown on a map recorded in Book 236, Page 45 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; WITNESSETH: WHEREAS, OWNER desires to construct and maintain certain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within Sandune Lane right-of- way (hereinafter "RIGHT-OF-WAY") that is located adjacent to 3921 Sandune Lane, respectively, 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 1. It is mutually agreed that PERMITTED IMPRO\, cMENTS shall be defined as stamped concrete landing along the parkway and appurtenances in 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 private -owned or 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 the 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: 2 (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 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first -above written. 3 CITY OF NEW, JRT BEACH, a Municipal corporation APPROVED AS TO FORM: By: City Attorney ATTEST: fd61,-„,,,_ '727 Wayze,,,_ OWNER: B at Benjamin aut / 4 STATE OF CALIFORNIA , ss: COUNTY OF ORANGE ) On 6 , laic. 7 / 9 7 , 1997, before me, ` u.)ir personally appeared c3 cilia rmt i keretu t personally known to me (or 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 he/she/they has executed the same in his/her/their authorized capacity(ies), and that by his/her/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. N tar Public c in and for said State (This area for official notarial seal) Adis IN% TERRI L CROWTHER Commission # 1127207 Notary Public — California Orange County My Comm. Expires Feb 14, 2001 STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE ) \\ On (fir.k_, . 5 xc cin , 1997, before me, U _ personally appeared a,y„nt� %Le. vL _. personally known to me (or proved to me on t e asis of satisfactory evidence) to be the person(s) whose name(s) i lare subscribed to the within instrument and acknowledged to me that #efeh/they has executed the same in his/hcr/their authorized capacity(ies), and that by his/her/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 (This area for official notarial seal) OFFICIAL, SEAL. 1 VIRGINIA A. VARIN NOTARY PUBLIC - CALIFORNIA — COMMISSION N 1143264 C ORANGE COUNTY My Commission Exp. July 20. 2001 _ t F:\USERS\W P51 \GILBERT\AG\KRAUCDM7.DOC EP97-354 5 • • • ;`J „ , '� Jl 4.' L1 7 _1 Todd kilooler & A S S O C I A T E S .o Ufa- Architects • Planners • Builders 359 San Miguel Drive • Suite 304 • Newport Beach, CA • 92660 1 714 6402616 • FAX 714 6402638 0 y u- 1 0 �I z, e SITE PLAN KEYNOTE 1. 4" thick coact -Oa t S'c p.m es of patio/walk. 2. New brick patio to match existing. 3. Existing tree to remain. 4. Atriurn grate. drain. 5. Existing residence. 6. steps. 7. Salt finish concrete stepping stones_ 8. 12"x 12" catch basin with 12"x 12" grate. plan. 9. Area of new residence.. 10. Existing concrete driveway approach. 11. Existing concrete sidewalk. 12, 9"x 9" catch basin with 9"x 9" .gate. .tta 13. N O.c concrete block planer walfwith strico and bullnos brick cap with labao above. Ste elevation_ 14. Existing brick,plantcr with new stu000 over' and bu11ngec brick cap. 15, New 6'-0" high *met- with ballnoce brig cap. 16. New 61-06 block wgil whit gttt:pa, .SG4 cJt vatiQns. 17. Remove existing patio thick COtWtc 19.. 13xlsting landscape area. 20. New landacapa area.'• 2. [og par f� tivpa . ~ 2). 'Dn+i1►P{po4"fia.. EXIl/RI T �'s 1