HomeMy WebLinkAboutC-6078(B) - Encroachment Agreement EPN N2000-153 for 328 Via Lido Nord�1
RECORDING REQUESTEr ND
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WHEN RECORDED RETURN TO:
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Public Works Department
City of Newport Beach
Post Office Box 1768
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3300 Newport Boulevard
Newport Beach, CA 92659-1768
Recorded in Official Records, County of Orantde
Gary Granville, Clerk -Recorder
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ENCROACHMENT AGREEMENT 1-�� '
(N2000-153) ,
��
THIS AGREEMENT is made and entered into this ' ; r% day
of ���1`. , 2000, by and between Kevin Weeda (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 located at 328 Via Lido Nord, Newport Beach, California
and legally described as Parcel No.2 of Lot Line Adjustment N.B.L.L.A.-99-06 and also legally
described as Lot 835 and portion of Lot 836, Tract No. 907, as shown on a map recorded in
Book 28, Pages 25 to 36 inclusively of Miscellaneous Maps in the office of the County
Recorder of Orange County, California;
WITNESSETH:
WHEREAS, OWNER desires to construct certain non-standard improvements
(hereinafter "PERMITTED IMPROVEMENTS") within a portion of an existing 4 -foot public
utility easement on Via Lido Nord serving Lot 835 and portion of Lot 836, Tract No 907. (also
known as 328 Via Lido Soud, Newport Beach, California) hereinafter "EASEMENT", as shown
on a map recorded in Book 28, Pages 25 to 36 inclusively of Miscellaneous Maps in the office
of the County Recorder of Orange County, 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 construct, reconstruct and maintain
said PERMITTED IMPROVEMENTS;
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NOW, THEREFORE, , consideration of the mutual prom s, the parties hereto agree
as follows:
1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as a
grouted slate pavers with colored concrete driveway approach and carriage walkway,
landscaping, and appurtenances as shown on EXHIBIT "A" attached hereto and as approved
by the City Engineer. In addition, the proposed PERMITTED IMPROVEMENTS may vary at
the time of construction. Hence, any changes must be approved by the City Engineer and
shall be on shown on the "As Built" plans.
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' written notice, with prior City Council approval, 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 as a result of exercising it's
easement rights to maintain, repair, or replace it's sewer line.
4. OWNER and CITY further agree as follows:
a. OWNER may, at owner's cost and expenses, 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. In addition, any new and/or existing landscaping that are within the EASEMENT
shall be maintained at a maximum height of 24 -inches. 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 k other public facilities or improve mts are damaged by the
installation or presence of PERMITTED IMPROVEMENTS, OWNER shall be responsible for
the cost of all repairs.
d. That should CITY be required to enter 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 reasonably 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, restoration, or
replacement of the PERMITTED IMPROVEMENTS.
e. This agreement does not extend the OWNERS' any rights to construct any
additional improvements at a later time.
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. Either party
that is alleged to have breached any material provision of this agreement shall be given 30
days written notice of the breach and the opportunity to cure with the date of breach and the
date of termination, if cure is not made. 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 are so uti A), regardless of the merit or outc a 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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the day and year first -above written.
CITY OF NEWPORT BEACH,
a Municipal corporation
APPROVED AS TO FORM:
By:
City Attorney
City Clerk
El
VNER:
By: .
City Ma ager
By: /-Z� /,��
Kevin Weeda
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On ` k , 2000, before me, 'J(01 �� , personally appeared
personally knovVn to me (or proved to me on
the basis of satisfactory evidence) to be the perso (s) whose names)I�/are subsc ' d to the
within instrument and acknowledged toMe thahis er/they executed the same i his/ er/their
authorized capacity(ies), and that b his er/their signature(s) on the instrument the person(s)
or the entity upon behalf of which the persons(s) acted, executed the instrument.
WITNESS my handd official seal.
Notary blic in and for id State
(This area for official notarial seal)
JAN REAGAN
Commission # 1223352
Notary Public - California _z
Orange County
My Comm. Bores Jun 9, 2003
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On 6 , 2000, before me, �tl lAv1 iy • `Vl�-s personally appeared
ffim6r l 'PIvtulb'1V11A FgtMyv-/ th RnvVloctb-, personally known to me
-flee-Basis-of_satisfactory evidence) to be the persons w, h���, e name is ar subscribed to
within instrument and cknowledged to me tha s/her/,f;e executed the same in his/her/
authorized capacity ies and that by his/her/ heir ignature on the instrument the perso (s)
or the entity upon behalf of which the person s acted, executed the instrument.
WITNESS my hand and official seal
a- m'�t � - L'4�
Notary Public in and for said State
FAWP51\GILBERTWG\WEEDAEPN2000-153LI-326.DOC
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LEILANI V. INES
Commission # 1170960
No-ary Puolic - California z
a
orange County
My C�;mrn. 'Expires Jan 25, 2002
(This area for official notarial seal)
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