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HomeMy WebLinkAboutC-5930 - Encroachment Agreement EPN N2000-213 for 123 and 125 23rd StreetRecorded in Official Records, County of Orange Gary Granville, Clerk -Recorder 111111111111 IRI 11111 1E1 IIIII IIIII I III IIIII III 111I 16.00 20000360284 02:11 pm 07110100 109 73 Al2 6 0.00 0.00 0.00 0.00 10.00 0.00 0.00 0.00 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT (EPN2000-213) THIS AGREEMENT is made and entered into this f,"ti day of _A��c,- G , 2000, by and between Robert Koury; 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 123 and 125 23rd Street, Newport Beach, California and legally described as Lot 22 and portion of lot 23, Block 23, Newport Beach Tract, as shown on a map recorded in Book 3, Page 26 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; WITNESSETH: WHEREAS, OWNER desires to construct and maintain certain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within 23rd Street right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to 123 and 125 23rd Street, Newport Beach, California and legally described as Lot 22 and portion of lot 23, Block 23, Newport Beach Tract, as shown on a map recorded in Book 3, Page 26 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, 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: 1 RECORDING REQUESTED A' WHEN RECORDED RETURN TO: Public Works Department City of Newport Beach Post Office Box 1768 U 3300 Newport Boulevard Newport Beach, CA 92659-1768 Recorded in Official Records, County of Orange Gary Granville, Clerk -Recorder 111111111111 IRI 11111 1E1 IIIII IIIII I III IIIII III 111I 16.00 20000360284 02:11 pm 07110100 109 73 Al2 6 0.00 0.00 0.00 0.00 10.00 0.00 0.00 0.00 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT (EPN2000-213) THIS AGREEMENT is made and entered into this f,"ti day of _A��c,- G , 2000, by and between Robert Koury; 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 123 and 125 23rd Street, Newport Beach, California and legally described as Lot 22 and portion of lot 23, Block 23, Newport Beach Tract, as shown on a map recorded in Book 3, Page 26 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; WITNESSETH: WHEREAS, OWNER desires to construct and maintain certain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within 23rd Street right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to 123 and 125 23rd Street, Newport Beach, California and legally described as Lot 22 and portion of lot 23, Block 23, Newport Beach Tract, as shown on a map recorded in Book 3, Page 26 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, 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: 1 1. It is mutually agr that PERMITTED IMPROVEMEN shall be defined as first floor parapet Wall with plywood siding and copper shingle roof overhang and appurtenances in 23rd Street 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 !iability whatsoever in the event of the termination of this Agreement, or subsequent rernoval of improvements by CITY. 4. OWNER and CITY further agree as foliows: 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 UAII 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 private -owned or CITY -owned pipeline, conduit or cable Iocated in or under said PERMITTED IMPROVEMENTS, except as otherwise provided herein. c. If private -owned, 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 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 Iimited 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: 2 (i) CI shall notify OWNER of its intentior .i accomplish such work, if any ernergency 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 !egal 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 Ioss, damage, IiabiIity, 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 ofthe 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. 3 APPROVED AS TO FORM: By: — City Attorney ATTEST: City Clerk CITY OF NEWPORT =ACH, a Municipal corporation OWNER: By: L Y. City Ma ger 'STATE OF CALIFORNIA) )ss: COUNTYOFORANGE On 2000, before me,S,q,u ,4. (j iyf personaily appeared ,z- / u , pe'sonaiiy known to me (or proved to me on the basis of4atisfactory 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 (This area for official notarial seal) STATE OF CALIFORNIA) ) ss: COUNTYOFORANGE ) SUSAN L CAINE Comm?ss!on # 1147023 Notary Pubiic - Cafornk Orane Ccnfy " on -JUr\e... \ / , 2000, before me,_C'\v'a.r J personaily apared \rQA L. V'- Ypso( known to me (efeed-4o--me_on4hebasi& of-satisfactoryevidence)_to be the perso whose nam isI,Y subscribed to the within i trument and acknowled ed to me that he/she'ihas executed the same in his/he authorized capacity ies) and that by his/her 1'.ignaturebn the instrument the person'.r the entity upon behalf ofwhich the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public i r said State (This area for official notarial seal) F:\USERS\PBW\GWONG\WP51 'AG\KOURY-EPN2000-213BP.DOC CA»Y ER CornmIsSOfl # 74329 No?ciry PurUc Caflfornia OrangeCounty My Comrn Expes Feb 21 LJR L 0 9 4 h x0 )t r.Q 'QANC, 9 z -J 0 x 111 9 0 4 1 z k o 9. >< LU 0 0 uJ tl) 0 0 0 0 1YflO3 0 91 1- 91 £ 3 91 7 9J.N .01-9 NW C,UTTER PUBLIC RICUT-AJAY SECTIOM. THU ROOF.