HomeMy WebLinkAboutC-7123-4 - Encroachment Agreement (for 626 Seaward Road)RECORDING REQUESTEu AND
WHEN RECORDED RETURN D Recorded in official Records
Gary Granville, clerk- county of Orange
, 'I Recorder
�-- Public Works Department ;I��!li i��j
OF -
t City of Newport Beach
�j Post Office Box 1768 „9 73 E01 6000277083'
09:52am 05/26/00
3300 Newport Boulevard 0.00 0.00 0.00 0.00 0.00 o_oo 0.()o 0.00
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Newport Beach, CA 92659-1768
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
THIS AGREEMENT is made and entered into this day of
2000, by and between Joe and Polly Ueberoth (hereinafter "OWNER"),
and the City of Newport Beach, California, a municipal corporation organized and
g I)
existing under and by virtue of its Charter and the Constitution and the laws of the State (o
of California, (hereinafter "CITY"), "OWNER" is the owner of property located at 626
Seaward Road, Newport Beach, California and legally described as Lot 164, Tract
1237, as shown on a map recorded in Book 40, Pages 19 and 20 inclusively of
Miscellaneous Maps in the office of the County Recorder of Orange County, California;
and
WITNESSETH:
WHEREAS, OWNER desires to construct certain non-standard improvements
(hereinafter "PERMITTED IMPROVEMENTS") within an easement for water line
purposes (hereinafter "EASEMENT") that is located adjacent to Lot 164, Tract 1237, as
shown on a map recorded in Book 40, Pages 19 and 20, inclusively of Miscellaneous
Maps in the office of the County Recorder of Orange County, California; also known as
626 Seaward Road, Newport Beach,, California; and
WHEREAS, said PERMITTED IMPROVEMENTS may interfere in the future with
CITY'S ability to construct, operate, maintain, and replace CITY facilities and
improvements within EASEMENT; and
WHEREAS, OWNER has dedicated to CITY an easement for water line
purposes; and
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WHEREAS; the partie 3reto desire to execute an agreer it 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. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as a
basketball court, concrete block property line wall, electrical feed, gas line, cable TV,
landscaping and appurtenances in EASEMENT as shown on EXHIBIT "A" attached hereto
and as approved by the City Engineer. Minor variations to the PERMITTED IMPROVEMENTS
may be approved by the City Engineer at time of construction, and shall be 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 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. 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 plant only bushes, shrubs and other small plants within
EASEMENT. No trees shall be planted within EASEMENT.
C. 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.
d. If City o `.her public facilities or improvers s are damaged by the
installation or presence of PERMITTED IMPROVEMENTS, OWNER shall be responsible for
the cost of repairs.
e. CITY shall not enter into easement to enlarge water line for a minimum of
Five (5) years from execution of this agreement.
f. 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 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 the cost of any removal and restoration of the
PERMITTED IMPROVEMENTS affected by such work by CITY;
4. 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. 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.
5. 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 mar connected with the design, col ruction, maintenance, or
continued existence of the PERMITTED IMPROVEMENTS.
6. 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:
.l
By:
City Attorney
ATTEST:
By: X'UPwn•e m
City Clerk
CITY OF NEWPORT BEACH,
a Municipal corporation
By: VV16tiz.
City M ager
OWNER:
By: -w
Joe Ueberroth
By: 01-01,011
,Polly Ueberroth
State of California
County of Orange
On May 1, 2000, before me, Susanne Bartlett personally appeared Joseph Ueberroth
and Polly Ueberroth personally known to me to be the person(s) whose name is (are)
subscribed to the within instrument and acknowledged to me that he (she, they)
executed the same in his (her, their) authorized capacity, and that by his (her, their)
signature on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
Witness my hand and official seal.
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FRON : BROWN BROTHERS COw5TRUCTl CO FAX NO. : 714 721 1102 Apr' 19 2000 03:44pn p7
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