HomeMy WebLinkAboutC-1587 - Encroachment Agreement (for 2501 Ocean Blvd)cO
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
r. rti r is r n riri
c 7 —SEP—i }95 09a0
A
Recorded ill Official Records
of Or.3 3e County, California
UdrY L. •iici1Llc, Clerk -Recorder
P33e 1 of 6 Fee: $ 22.00
Tax: $ 0.0
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
THIS AGREEMENT is made and entered into this aaday of
, 1995, by and between Joseph Vallejo and Lisa Vallejo
(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
State of California, (hereinafter "CITY");
W I T N E S S E T H:
WHEREAS, OWNER desires to construct certain non -stand ,
improvements (hereinafter "PERMITTED IMPROVEMENTS") within '.
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RECEIVED
OCT 2 1995
CITY CLERK
CINEWPORT OF
Ocean Boulevard (hereinafter "RIGHT-OF-WAY") that is located
adjacent to Parcel No.1, as shown on a parcel map recorded in
Book 36, Page 3 inclusively of Parcel Maps in the office of the
County Recorder of Orange County, California; also known as 2501
Ocean Boulevard, (Portion of Lot "C", Resub 274) 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
RIGHT-OF-WAY; and
WHEREAS; the parties hereto desire to execute an agreement
providing for fulfillment of the conditions required by CITY to
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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 a 3' high stucco finished block wall with a wrought
iron gate (open inwardly), 5' wide grouted slate carriage
walkway, two "King" palms (Archontophoenix Cunninghamiana),
grouted slate driveway/handicapped sidewalk, and appurtenances in
the Ocean Boulevard 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
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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
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 an 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
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part of the improvements installed by OWNER. Termination because
of breach shall be upon a minimum of ten (10) days' notice, with
the notice
litigation
specifying the
commenced with
date of termination.
In the event of
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.
ATTEST:
City Attorney
City Clerk
CITY OF NEWPORT BEACH,
a Municipal corporation
Mayor
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STATE OF CALIFORNIA
) ss:
COUNTY OF ORANGE )
On 11"01-.a -s(� , 1995, before me, e---EjSk03 ) 0O-0-VrZ 1°1/4-19t-1C
personally appeared �Sl-kUPrLLw��� lD l-1SA
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/ re ubscribed to the
within instrument and acknowledged to me that he/she/4. has executed
the same i 's/her/t authorized capacity(ies), and that by
his/her/ hei gnature(s) on the instrument the person(s) or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS d and official seal.
Notary Public in and
STATE OF CALIFORNIA
COUNTY OF ORANGE
or said State
)
ss:
1.1.64616.61141°.""""C61. ENSIGN
COMM. #978173
NOTARY Pt1BUC-CALIFORNIA
ORANGE COUNTY
MY COMMISSION EXPIRES -•
N0VEtt!UFR 18, 1996
mmpl
(This area for official notarial seal)
On as , 1995, before e, Ad 4 y!/,-
personally app red �!Y/I+C. 68oc '/try anaSati>4 G /
personally known to me (or oved to me on the basis of satisfactory
evidence) to be the person whose name issubscribed to the
within instrument and acknowledged to me that he/she/t�ee>has executed
the same in his/hethefi authorized capacity ies and that by
his/her signature. on the instrument the person(s) or the
entity upon behalf of which the persons acted, executed the
instrument.
WITNEy hand and official
Notary Public in and o' said / ate
F:\WP51\GILBERT\AGT95.VAL
EP-95-86
(This area for official notarial seal)
Shauna Lyn Oyler
Comm *1002681
NOTARY PUBLIC CALIFORNIAW
ORANGE COUNTY CI
Comm Exprrrs Aug. 22, 190 -+
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