HomeMy WebLinkAboutC-1939 - Encroachment Agreement (for 512 Via Lido Nord)RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
3300 Newport Beach
P.O.Box 1768
Newport Beach, Ca. 92659-1768
Attn: Public Works Dept.
Recorded in the County of Orange, California
Gary L. Granville, Clerk/Recorder
III IIII II II II III II II I II II 22.00
19970008124 1:49pm 01 /07/97
005 22018667 22 33
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ENCROACHMENT AGREEMENT
This instrument is being re -recorded due to incorrect information. The owner's name hi
the caption (Ray Kahn) is hereby corrected to Dorothy C. Kahn.
JAN 1 4 SW
RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659-1768
Recorded in the county ,f orange, california
Gary L. Granvilleit 111 I llClerk/Recorder
111 IIII1111111119.00
19960425671 09:39am 08/20/96
005 10010538 10 25
Al2 5 7.00 12.00 0.00 0.00 0.00 0.00
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
pose
THIS AGREEMENT is made and entered into this !\. day of atcecA•31 , 1996,
by and between R:4Kat (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 512 Via
Lido Nord, Newport beach, California and legally described at Lot 497, Tract 907, as shown on a map
recorded in Book 28, Page 30 inclusively of Miscellaneous Maps in the office of the County of Orange
County.
WITNESSETH:
WHEREAS, OWNER desires to construct certain non-standard improvements (hereinafter
"PERMITTED IMPROVEMENTS") within a portion of an existing 4-foot public utility easement (hereinafter
"EASEMENT") that is located adjacent to 512 Via Lido Nord, 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 mutual promises, the parties hereto agree as follows:
1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as "Slate"
driveway approach 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
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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.
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.
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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 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 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:
Bv:
ATTEST:
G ch„ e-
, 01. �a rte20
City Clerk
CITY OF NEWPORT BEACH,
a Municipal corporation
By:
OWNER:
By:
dod2x3- Pri01,„
laIhne'Lal C
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STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
DoraiX
0 , 1996, before me, /00-t 7 personally appeared liaX /i , personally
known ty . e (o 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 his/her/they 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 persons(s) acted, executed the instrument.
WITNESS a/hand and o ' _ I seal.
Notary Public in and for said S ate
STATE OF CALIFORNIA) �y
s s : /1 %G�l�� J� / &��
COUNTY OF ORANGE ) �
On g/ff/ • , 1996, before me, �`I "U1 I ER personally appeared°YQ2414'` , 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 his/her/they 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 persons(s) acted, executed the instrument.
0
0
Shauna Lyn Oyler
Comm. #1002681 ^^
NOTARY PUBLIC CALIFORNIAUJ
ORANGE COUNTY n
Comm Expires Aug 22, 1997 -
(This area for official notarial seal)
WITNESS my hand and official seal.
Notary Public in and for said State
F:\WPS1\dick\AG\kahn.96
(This area for official notarial seal)
Comm. 11008878
• AMY PUILIO -
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CITY OF NEWPORT BEACH EXi/isi T `Q
PUBLIC WORKS DEPARTMENT
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Applicants Signature Date
Please make a sketch of the immediate vicinity showing all property lines, dimensions
street names, location of trees, light standards, fire hydrants, parking meters or
other existing improvements which might be affected by the proposed encroachments.
Works shall be done according to City Specifications and is subject to City inspection.