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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 v 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 1 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. M 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 ' County of ss. On PO a , before me, Date ,� personally appeared (' ha�j j� harm 'y�0d rAOA LEILANI I. BROWN Commission # 1336673 Z a :-t, Z Notary public - California Z Orange County My Comm. Expires Jan 25, 2006 V)i IName nd Title of OI Dvl hti Name(s) of Signer(s) otorq Fqh)1,C" Doe, Notaly Public') -k lis L�personally known to me ❑ proved to me on the basis of satisfactory evidence to be the persons) whose nam s) is/ subscribed to the within instr ant and acknowledged to me that he/ fie xecuted the sa in his/he th author, capacity ie , and that by his/her/ e' signature s n the instrument the perso s or the entity upon behalf of which the person acted, executed the instrument. 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 ® 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.nationainotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE ) On , 2003, before e,'�' /7}-i1�SDUk appeared �"f rV1,xr4 �} • �Y4r (or proved to me on the basis of satisfactory evidence) to be the perso s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/s, y his executed the same in his/leer/tfWir authorized capacity), and that by his/h�Z-r/tf it signature(s) on the instrument the person(s) or the entity upon behalf of which the person acted, executed the instrument. rsonally WIT SS my ha a. o eal. Notary Public in and for said State STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) appeared /� personally know) person whos that e/sheA ey kds/her/tees 2003, before m X9-//'2!5 /� FARID K. MANSOUR m COMM ... 1282506 0 IMO • `�NOTARY PUBLIC -CALIFORNIA 4 ORANGE COUNTY (A) My Term Exp. Nov. 18, 2004 (This area for official notarial sea]) 7::�f "D , /`/ &IY,�2 rsonally to me or proved to me on the basis of satisfactory evidence) to be the namesLe�e' subscribed. �o the w��'thin instrument and acknowledged to me executed the same in SIS/her/iheir authorized capacity ' , and that by tufefsi-> e-i.n-strument the person or the entity upon behalf of which the acted, executed the instru ITNESS mv-harid an Notary Public in and for said State •�. FARID K. MANSOUR IOU (This area for official notarial seal) COMM ... 1282506 �o (D NOTAORANGE COUNTY PUBLIC -CALIFORNIA W My Term Exp. Nov. 18, 2004 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) 41 P/A 770 �R�s`K D iL�v�wA`l Existing Cub and r— 1 C -- —---- Job Address Owner Telephone No, s �v M - _ --- -- - -- ----- �w�- --- --��.\ C K I � 4 � �i� f in LAWT kJjc-% P0 -G P, C P,/ A� oT To E C r, %0 Zdr N \AE\CnWr . 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"