HomeMy WebLinkAboutC-6307 - Encroachment Agreement EPN N2003-154 for 1600 Kings RoadORecorded in Official Records, County of Orange
Tom Daly, Clerk -Recorder
RECORDING REQUESTED AND Ii11,�11�111111111111111111111111111fl111111� I$ 111111111120.00
1 WHEN RECORDED RETURN TO: 2003000638100 0910am 06102103
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Public Works Department 21396A128
City of Newport Beach 0.00 0.00 0.00 0.00 14.00 0.00 0.00 0.00
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659-1768
Space above this line for Recorder's use only. IT
ENCROACHMENT AGREEMENT
(EPN2003-0154)
THIS AGREEMENT is made and entered into this c4,,/IV day of
�- 2003, by and between Thomas Gyulay Jr. and Lorraine Gyulay
(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 1600 Kings Road, Newport Beach, California and
legally described as Lot 2, Block "F", Tract 1219 (hereinafter "SUBJECT PROPERTY"),
as shown on a map recorded in Book 38, Pages 26 and 27 inclusively of Miscellaneous
Maps in the office of the Couniy Recorder of Orange County, California;
WITNESSETH:
WHEREAS, OWNER desires to construct certain non-standard improvements
(hereinafter "PERMITTED IMPROVEMENTS") within the Kings Road right-of-way
(hereinafter "RIGHT-OF-WAY") that is located adjacent to Lot 2, Block "F", Tract 1219,
as shown on a map recorded in Book 38, Pages 26 and 27 inclusively of Miscellaneous
Maps in the office of the County Recorder of Orange County, California; also known as
1600 Kings 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 and other public
facilities and improvements within RIGHT-OF-WAY; and
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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. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as
grouted brick concrete driveway approach/walkway, grouted brick landing, landscaping, and
appurtenances in the Kings Road right-of-way as shown on EXHIBIT "A" attached hereto. 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. In addition, all improvements/landscaping shall not exceed 2 -feet in height within
the Kings Road right-of-way.
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.
2
b. OWNEF hall maintain the PERMITTED IN :OVEMENTS 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.
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 ; Agreement, the prevailing party all 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 shall accept the fact that surface drainage water may enter onto the
"SUBJECT PROPERTY" from "RIGHT-OF-WAY" located in the City of Newport Beach,
County of Orange, State of California, as depicted on Exhibit "A" attached hereto, whether
naturally or as a result of the development or improvement of the "RIGHT-OF-WAY".
8. OWNER shall accept and waive any and all liability for any damages to the
"SUBJECT PROPERTY" caused by the flow of such surface drainage water onto the
"SUBJECT PROPERTY". OWNER shall defend, indemnify, waive 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 to surface drainage water
entering the "SUBJECT PROPERTY" from the "RIGHT-OF-WAY".
9. 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.
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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:t ��
City Attorney
ATTEST:
By: dan' - _ M,
I ,
City Clerk
CITY OF NEWPORT BEACH,
a Municipal corporation
OWNER:
5
:
BY
J_ City Manager
�Jhlbomasy lay J
Lorraine Gyula
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CaliT�toav
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County of
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On PO a , before me,
Date ,�
personally appeared (' ha�j j�
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rAOA LEILANI I. BROWN
Commission # 1336673 Z
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My Comm. Expires Jan 25, 2006
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WITNE S my hand and official seal.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
RIGHT THUMBPRINT
OF SIGNER
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STATE OF CALIFORNIA
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F:\WP51\GILBERTIAG\GYULAY-EPN2003-0154-1600 KINGS ROAD
ITY OF NEWPORT BEACV
eUBL I C WORKS DEPARTMENT
n2003- 0197"1
SKETCH FOR ENCROACHMENT PERMIT NO, EP-
(SKETCH TO RF nRAWN IN TRIPIILATE)
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Applicant's Signature D e
Please make a sketch of the immediate vicinity showing all property lines, dimensions
street names, location of trees, light standards, fire hydrrants, parking meters or
other existing improvoments which might be affected by the proposed encroachments.
Works shall be done according to City Specifications and Is subject to City Inspection.
,EXHIS /7- 'A"