HomeMy WebLinkAboutC-6218 - Encroachment Agreement EPN N2003-055 for 3000 Clay StreetRecorded in official Records, County of Orange
Tom Daly, Clerk -Recorder
illi'I lilt!' , NO FEE ilh
200300048658112:11 pm 04130103
200 92 Al2 6
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ENCR.OACHMI=NT AGREEMENT
(EPN2003-0055)
THIS AGREEMENT is made and entered into this 1t - day of
CL42-y"L , 2003, by and between Jerome A. Goodall Trust (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 3000
Clay Street, Newport Beach, California and legally described as Lot 24, Block 31, First
Addition to Newport Heights Tract, 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;
WITNESSETH:
WHEREAS, OWNER desires to construct certain non-standard improvements
(hereinafter "PERMITTED !MPROVEMENTS") within the Santa Ana Avenue and Clay
Street right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to Lot 24,
Block 31, First Addition to Newport Heights Tract, 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; also known as, 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
1
RECORDING REQUESTED AND
--
WHEN RECORDED RETURN TO:
N
Public Works Department
City of Newport Beach
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659-1768
Recorded in official Records, County of Orange
Tom Daly, Clerk -Recorder
illi'I lilt!' , NO FEE ilh
200300048658112:11 pm 04130103
200 92 Al2 6
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Space above this line for Recorder's use only.
ENCR.OACHMI=NT AGREEMENT
(EPN2003-0055)
THIS AGREEMENT is made and entered into this 1t - day of
CL42-y"L , 2003, by and between Jerome A. Goodall Trust (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 3000
Clay Street, Newport Beach, California and legally described as Lot 24, Block 31, First
Addition to Newport Heights Tract, 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;
WITNESSETH:
WHEREAS, OWNER desires to construct certain non-standard improvements
(hereinafter "PERMITTED !MPROVEMENTS") within the Santa Ana Avenue and Clay
Street right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to Lot 24,
Block 31, First Addition to Newport Heights Tract, 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; also known as, 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
1
WHEREAS; the part' hereto desire to execute an agre ent 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
stamped colored concrete carriage walkway/landing and driveway approach, 30 -inches high
stone/stucco wall, "Limestone" veneer mailbox, landscaping, and appurtenances in the Santa
Ana Avenue and Clay 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
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
oil
or repair any CITY -owned .)eline, conduit or cable located i. )r 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 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.
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: Q � (".r
City Attorney
ATTEST:
By.
City Clerk
CITY OF NEWPORT BEACH,
a Municipal corporation
4
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By:
City M ager
OWNER: Jerome A. Goodall Trust
A
By.Q-
rome A. G od II
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On
personally appeared j CV-UY1'l�_�
personally known to me (or pr
person whose name( /are
t atCghe/they his executed t
hi /her/their signature* on the
person acted, executed the instrument.
oved to me on the basis of satisfactory evidence) to be the
subscribed to the within instrument and acknowledged to me
he same MCs1her/their authorized capacity*), and that by
instrument the person* or the entity upon behalf of which the
WITNESS my hand and official seal.
Notary Public in and for said State
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
TERRY
A
Commission
# 1350304 Z
Notary Public- Caiiromla y
Orange County
Ary Cormn. (Expires Apr 6, 2006
(This area for official notarial seal)
On g l% 2003, before me, LWLAM
personally appeared i' OM L L. EWD" 9, I.
L 1/f'a M5,; M . tZK-(��s
personally known to me (or ,roved to me on the basis of satisfactory evidence) to be the
person0hoge nam (s re ubscribed to the ithin instrument and ackppwledged to me
that he/s� th exe u ed the same in his/her/ eir authorized capaci �(ie�s , and that by
his/her/ hei signatur (s on the instrument the perso s r the entity uponi`CSehalf of which the
persons s) acted, executed the instrument.
WITNESS my hand and official seal.
9�'
&Mll, �- j6m--Y—�
Notary Public in and for said State
F:\WP51\GILBERT\G00DA1-L-3000 CLAY STREET-EPN2003-0055NH
LEILANI I. BROWN
Commission # 1336673 Z
Z .,� Notary Public - California >
Orange County
My Comm, Expires Jan 26, 7006
(This area for official notarial seal)
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