HomeMy WebLinkAboutC-1843 - Encroachment Agreement (for 925 Via Lido Soud)Recorded in t
Garj L. Graft/
RECORDING REQUESTED D
WHEN RECORDED RETURN TO:
Public Works Department
City of Newport Beach
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659-1768
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;oL...,y of Orange, California
Ile Clerk/Recorder
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1996@387428 10:49am 07/30/96
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Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
7,4 %
"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 925
Via Lido Soud, Newport Beach, California and legally described as Lot
319, Tract No. 907, as shown on a map recorded in Book 28, Page 31
inclusively of Miscellaneous Maps in the office of the County Recorder
of Orange County, California;
THIS AGREEMENT is made and entered into this
C)9 ' '4 day of
, 1996, by and between Bram Goldsmith (hereinafter
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 4-foot public utility easement serving lot 319, Tract
907 (hereinafter "EASEMENT"), as shown on a map recorded in Book 29,
Page 31 inclusively of Miscellaneous Maps in the office of the County
Recorder of Orange County, California; also known as 925 Via Lido
Soud, 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;
1
NOW, THEREFORE, -n consideration of the mu. .al promises, the
parties hereto agree as follows:
1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be
defined as stamped concrete driveway approaches 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 _could CITY be required to ._ter 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 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 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
,fCity Clerk
CITY OF NEWPORT BEACH,
a Municipal corporation
By:
OWNER:
By:
4
STATE OF CALIFORNIA
ss:
COUNTY OF ORANGE
On N-4 /GJ 7
personally app.ared
1996, b
f e m az %%lC
known to me (or proved to me on the basis of
be the person whose name V') are subscr
instrume�and acknowledge to me that hisi�l
in hi /h'e heir authorized capacity(i, a
signature ) on the instrument the peson ( '
of which
satisfactory evidence) to
d to the within
they executed he same
d that by his e their
or the entity upon behalf
he persons,(') acted, executed the instrument.
WITNESS my band and official seal.
Notary Public in and fosaid St.a'te
STATE OF CALIFORNIA )
Les lei )
COUNTY OF
ss:
(This area for official notarial seal)
Shauna Lyn Oyler r
Comm #1002681
NOTARY PUBLIC CALIFORNI
ORANGE COUNTY ((J]
Comm. Expires Aug. 22, 1997 -6
On 1. \ \ , 1996, before me, SartHq6 PL6Cz
personally appeared ' �_ (�(j� (j o) V m J Tel personally
known to me (o me—en--th-e—b-a-s-i-s—et sa der1Ge) to
be the person(s) whose name(s) is/a.€ subscribed to the within
instrument and acknowledged to me that his/he-r•%they-executed the same
in his/hre-r-/their authorized capacity(ies), and that by his/h4z,Lth-eir
signature(s) on the instrument the person(s) or the entity upon behalf
of which the persons(s) acted, executed the instrument.
WITNESS my hand and official seal.
Notary Publi in and for said State
F:\WP51\GILBERT\AG\GOLD96.DOC
EP-96-220
(This
area for official notarial
SUZIE R. SMITH I
COMM. #916725
Notary Public — California
LOS ANGELES COUNTY
My Comm. Expires NOV 1,1996
seal)
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