HomeMy WebLinkAboutC-1842 - Encroachment Agreement (for 405 Via Lido Soud)RECORDING REQUESTED "ND
WHEN RECORDED RETURP. ):
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
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ENCROACHMENT AGREEMENT
THIS AGREEMENT is made and entered into this 0i986G day of
, 1996, by and between Lido Isle Community Association
("ereinafter "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 405 Via Lido Soud, Newport Beach, California and legally
described as Lot A, 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;
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 A, 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 405 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;
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NOW, THEREFORE, 'n nsideration of the mu -31 7omises, the
parties hereto agree ..s follows:
1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be
defined as concrete driveway approach with grouted brick ribbons,
grouted brick sidewalk, 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.
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d. That ,ot ' CITY be required to pnto said
Easement to exercise primary rights associatt.Li 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.
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7. OWNER agree -nat 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:
ty Attorney
sin .
City Clerk
CITY OF NEWPORT BEACH,
a Municipal corporation
By:
OWNER:
By:
Authorized Signature/Title
Lido Isle Community Association
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STATE OF CALIFORNIA
s .
COUNTY OF ORANGE
On June 19, , 1996, before me, Jane Robin Voorhies
personally appeared Clark M. Leonard , personally
known to me (or proved to me on the bacic of cati:,factory evidence) to
be the person{ whose name (-s-) is/ -a -re subscribed to the within
instrument and acknowledged to me that his/hcr/they executed the same
in his/her/their authorized capacity(), and that by his/her/their
signatures-) on the instrument the person(4 or the entity upon behalf
of which the persons(-s-) acted, executed the instrument.
WITNESS my hand and official seal.
Notary -jblic in a.d for said State
STATE OF CALIFORNIA
ss:
COUNTY OF ORANGE
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On 02� , 199 , before me •IRENE BUT1„ER
personal appeared u,•� personally
known to me (or proved to e on the asis of satisfactorYevidence) to
be the person(] whose name(_ is/are subscribed to the wit Ph
instrument and acknowledged to me that his/her/tom 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 'ehalf
of which the persons(s) acted, executed the instrument.
(This area for official notarial seal)
JANE ROBIN VOORFNE$$
Commb:lon #1071979
Notary Public — California
Orange County
My Comm. Expires Oct 15.1999
WITNESS my hand and official seal.
Notary Public in and for said State
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EP-96-182
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