HomeMy WebLinkAboutC-4901 - Encroachment Agreement (for 515 Goldenrod Avenue)RECORDING REQUESTED _ND
WHEN RECORDED RETURN TO:
Public Works Department
City of Newport Beach
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659-1768
(6°-?7"/VS7
Space above this line
Recorded in the County of Orange, California
Gary L. Granville, Clerk/Recorder
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19970328910 12:19pm 07/11/97
of
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Recorder's use only.
ENCROACHMENT AGREEMENT
THIS AGREEMENT is
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"OWNE
made and entered into this 5Z`-k day
, 1997, by and between Calvin J. Coatsworth (hereinafter
), 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 515
Goldenrod Avenue, Newport Beach, California and legally described as
Lot 13, Block "533", Map of Corona Del Mar, as shown on a map recorded
in Book 3, Pages 41 and 42 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 and maintain certain non-
standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within
the Goldenrod Avenue right-of-way (hereinafter "RIGHT-OF-WAY") that is
located adjacent to 515 Goldenrod Avenue, 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:
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1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be
defined as three (3) "Washingtonia Robustas" palm trees and
appurtenances in the Goldenrod Avenue
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, until the three (3)
"Washingtonia Robustas" palm trees reach a height of 14 feet. Hence,
when the palm trees reach a height of 14 feet or greater the CITY will
maintain the three (3) "Washingtonia Robustas" palm trees. 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.
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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. 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:
(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
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outside attorneys aie so utilized), regardless uZ the mer:?_t 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; only until the
three (3) "Washingtonia Robustas" palm trees reach a height of 14
feet.
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 OF NEWPORT BEACH,
a Municipal corporation
City Attorney
ATTEST: OWNER:
ii) //afde_,
City Clerk
By:
By:
a vi J. Coatsworth
4
STATE OF CALIFORNIA
ss:
COUNTY OF ORANGE
Ong; V 1997, before me;Ta.w'e/ !- �
personally appeared �. I i/r,oli _ �_�ro.h c #-
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.
9c� �1 a2�L
Notary Public in and for said State
, a.45,...t4,4,...^i-A .,A,..A, - . -A- A e
PAULA J. DI LEONARDO
COMM. #1124807
NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY -a
My Comm. Expires Jan. 29, 2001
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STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE
(This area for official notarial seal)
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personally appeared 41( ��cc,, l �If< �!��� ✓5
personally known to me dr proved to m c9a the basis of satisfactory
evidence) to be the person, whose nam is� subscribed to the
within instrument and ac owledged to me t at he/s -i3 has executed
the same in. his/her/ t authorized capacity anc� that by
his/her/
On G(/J2.- c 2 , 19�7, before m ,
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signature' on the instrument the perso (s or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS -)my hand and official seal.
Notary Public in a
for sa' d State
(This area for official notarial seal)
F:\USERS\PBW\GWONG\WP51\AG\COATCDM97.DOC (EP97-148)
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;Ew Shauna Lyn Oyler
U •��..y c Comm. #1002681 A
NOTARY PUBLIC CALIFORNIA
�Z ORANGE COUNTY �J
Cr �r Comm Expires Aug. 22, 1997 -1
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CITY OF _NEWP_ORT BEAM
PUBLIC WORKS DEPARTMENT
SKETCH FOR °ENCROACHMENT- PERMIT NO. " EP= E/\mhs /'T
LEGEND:
= TREE
�- = POWER POLE
A = SEWER CLEANOUT
WATER METER BOX
A"
(Sketch to be drawn in triplicate) ,�71 ���
Job Address NE✓-'"'11IV -'')
Owner c/t' '1•V W 2Icro T H
Telephone No 11414, 073 .."74}
Existing Curb, and Gutter.—
���1 1d -411-k tTo}ala
1-0e4=1*4 v1-1 e2r
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Center line of street
1st%
�XI STit WW.SNtl\&tT.
Applicant"s Signature
11M 9-1
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.