HomeMy WebLinkAboutC-1818 - Encroachment Agreement (for 445 San Bernardino Avenue)7
RECORDING REQUESTED L
City Clerk
City of Newport Beach
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659-1768
Recorded in the Couiy of Orange, California
WHEN RECORDED RETURN TO: Gary L. Granville, Clerk/Recorder
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ENCROACHMENT AGREEMENT
THIS AGREEMENT is made and entered into this c7)" day of
aerLe
(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
Ali el.
located at 445 San Bernardino S eee"t, Newport Beach, California and
legally described as Lot 14, Block "13", First Addition to Newport
Heights, as shown on a map recorded in Book 4, Page 94 inclusively of
Miscellaneous Maps in the office of the County Recorder of Orange
County, California;
, 1996, by and between James C. Vogel and Dorothy C. Vogel
WITNESSET H:
WHEREAS, OWNER desires to construct certain non-standard
improvements (hereinafter "PERMITTED IMPROVEMENTS") within the Broad
Street right-of-way (hereinafter "RIGHT-OF-WAY") that is located
adjacent to 445 San Bernardino Street, 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
`ties hereto agree as follows:
MAY 2 3 1996
NE'IVP�� -rff,/e[;'rI. ,fir.:
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1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be
defined as a 3' high block wall and appurtenances in the San Bernadino
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. 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 s_.ould CITY be required to ei—er 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 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 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:
City Attorney
ATTEST:
46,,,,.&m,,(Vae,„
City Clerk
CITY OF NEWPORT BEACH,
a Municipal corporation
By:
OWNERS:
By:
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EX/-P/13/T "A"
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE )
On 22? 4 R"a , 1996, before me,--Rk-5alvn46
personally appeared Je c C. Voop,L q„ �rrrv-lti C • VoSeX
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is ar3subscribed to the
within instrument and acknowledged - to me that he/she/ heyDhas executed
the same in his/her/h��i authorized capacity(ies), and that by
his/her/ei 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.
otary Public in and or said State
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE
(This area for official notarial seal)
1 NA SCHMALZ
COMM. di 1066202
War/Public — California
ORANGE COUMY
My Comm. Expires APR 17,1999
On , 1996, before me,
personally appeared
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.
Notary Public in and for said State
F:\WP51\GILBERT\AG\VOGEL.96
(This area for official notarial seal)
5
State of California
County of Orange
On hj-/—l/6
before
personally appeared -0���-
me, Irene Butler, Notary Public,
7;70 24/aao
Epersonally known to me - OR - P1 proved to me on the basis of satisfacto evidence
to be the • - .. t ) whose ame s is/a0
subscribed to the within instrument and
acknowledged to me that he/shei)
executed the same in his/hem authorized
capaciaM, and that by his/heefheir)
signa 4) on the instrument t e person(s)
orthe entity upon behalf of which t
acted, executed the instrument.
WITNESS my hand and official seal.
e), (4
CAPACITY CLAIMED BY SIGNER
Individual
Corporate Officer
Limited Partner
General Partner
Attorney -in -Fact
Trustee(s)
Guardian/Conservator
)( Other: Ce
Signer is Representing:
DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document
Number of Pages
Date of Document
Signer(s)0 er Than Named Above