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Home My WebLink AboutC-6404 - Encroachment Agreement EPN N2003-053 for 2420 Cliff DriveRECORDING REQUESTE-i AND 7' WHEN RECORDED RETURN TO: Recorded in Official Records, County of Orange J Tom Daly, Clerk -Recorder Public Works Department IllllilllllllllllllllllllllllflillllllllllllllllllllllllllllillllllNO FEE V City of Newport Beach Post Office Box 1768 200300065344109.24am 06105103 3300 Newport Boulevard 213 96 Al2 9 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Newport Beach, CA 92659-1768 Space above this line for Recorder's use only. (}� ENCROACHMENT AGREEMENT (EPN2003-0053) THIS AGREEMENT is made and entered into this Z l�day of Y , 2003, by and between Warren H. James and Karen K. James (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 2420 Cliff Drive, Newport Beach, California and legally described as Lot 1, Block 3, Tract No.919, as shown on a map recorded in Book 29, Pages 31 to 34 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 IMPROVEMENTS") within the Cliff Drive and EI Modena Avenue right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to Lot 1, Block 3, Tract No.919, as shown on a map recorded in Book 29, Pages 31 to 34 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; also known as 2420 Cliff Drive, Newport Beach, California; and WHEREAS, said PERMITTED iMPR.OVEMENTS 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; 1 NOW, THEREFOR 'n consideration of the mutual pro es, the parties hereto agree as follows: 1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as 30 - inch maximum high Ledgerstone wall with cap, Ledgerstone pilasters with concrete cap and 24 -inches high low voltage light fixtures, grouted Flagstone paving over 4 -inch concrete landing/entry way with concrete steps, 24" X 24" concrete stepping stones, concrete mow strip, landscaping, and appurtenances in the Cliff Drive and EI Modena Avenue right-of-way as shown on EXHIBIT "A" attached hereto and as approved by the City Engineer. Within the line of sight area/cone at the corner of El Modena Avenue and Cliff Drive shall be maintained a maximum height of 24 -inches for all landscaping and 30 -inches for all walls above the top of curb. 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. 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 I doing so. , In addition, z .3ndscaping within the line of sic area shall be maintained a maximum height of 24 -inches above the top of curb. 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 termination. In the event of litigat 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 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. CITY OF NEWPORT BEACH, a Municipal corporation APPROVED O FORM: By: 1` By: /. City Attorney Ci Manager City Glerk OWNERS: By:�G�-z STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE ) On 2003, before me,��(�-.� 1 �,° ou-'I'3uc 4— personally appeared :T —, , - .kRewfl- t -rte or proved to me on a basis of satisfactory evidence) to be the perso s whose m s) is are subscribed to the within44pument and acknowledged to me that he/sh /the has e u ed the same in his/herauthorized capacit les and that by his/her/ eir ignatur (s on the instrument the persor (s or the entity upon be- alf of which the person a ed, executed the instrument. WITNESS my hand and official seal. CATHY Commission # 1341009 Notary Public - California Zz orange County Notary Public in and for said State ^�'n Fxpi^esFeb 21'2°°s (This area for official notarial seal) Stft � (� + n V- ) ,SS. j �I, PajOn003, before"me, i��i �tT�J''Ol6(i {r , /l(� personally ppeared VYor ) Vl GS` , personally known to meAQproved to me on the basis of satisfactory evidence) to be the person(s) whose n (s /®reubscribed to the within instrument and acknowled d to me that he/she/W., e/she/ has executed the same in his/her/ eir uthorized capacity( es and that by his/her/ ei signature s) n the instrument the persozf the entity upon behalf of which the person acted, executed the instrument. 7. WITNESS my hand and official seal. 71"[7,L.Ag1I IaR0WN mis-Rion it 1336673 Z 'cuiry Public - California Z 7 Orange County _ u r moires Jan 25, 2006 Notary Public in and for said State (This area for official notarial seal) LEILANI 1. BROWN Commission # 1336673 Z wIi Notary Public - California Orange County My Comm. Expires Jan 25, 2006 F:\WP51\GILBERT\AG\JAMES-EPN2003-0053-2420 CLIFF DRIVENH 5 xLii lot`s �t -pale lof y CONSTRUCTION LEGEND S'M//Y• L N44V SIDEWIALK ' CURS TO REMAH4 2. b" THICK RA"DC" FLAG6TO+E DR vtwAY WIT14 12, U)IDE St IOOTi + W TROWELED CONCRETE BARIC: (COLOR TO BE SELECTED BY OlA�ERi - - - A4 F4354R AT 24' OIG. BOTH DIRECTIONS lDM VEUiAY 0. ig . j 3. (2) CONCF; :TE 67-0% DoiN 4. (2) COhCpETE STEM UP W 5• LEDCE STONE P4LASTER W111 H CONCRETE CAP AND L444TflXMfe' ("464VVtxJa6Ft_'� zit�•s�6rf> (MATERIAL TO BE SELECTED BY OWNED Zf rjf�`n H b• I -OW GlOUNDCOVER AREAS. C* 7:4/QF J �. SODDED TURF - MARATHON it. a.((2 - 9L Fa" UWE x 6' HIGH CONCRETE MOW CURS UATI- & IOOTH TROWE -ED FINI15=1, POURED IN PLACE. kV NxZt ATE STEPPING STONE. rr .• Il_ 1-EDGERST.JPE U!i.LL APPR'DX!1"IATELY 24" FI,'rsF.' WITH CONCRETE CAP. 12. LEDCsER5TCNE WALL APPROXIMATELY 18' H1G}4 UitTl-i CGNGREi= CAP. rPE1d1�� O.P/Y� 01s��tte� L3. LEDGERSTCNE UJALL *Aq-YW- ArXC 30'Zf& 4eeW-71n- ac a my W,77f c,4o RETAii`4M CONDITION ALOVCz CL" tMvE. -S G �+ EG 14. EXIST W-5 PEfZT*_TER WALL TO F-E-MAINL A-P-,enX, 20 4,c 5. 4" THICK NATURAL- GREY COLOR COTE PAVING AT SIDE YARD UATN BRC C "I RNISLI, FL,4GSTONE PAVITi ON 4' THICK CONCRETE BASE. LLnr,4 12' WADE CONCRETE 5A D, SMOOTH TROWELED FINISH STONE TO BE SELECTED BY OUkeR I'- WALL FOUNTAIN TO BE CONSTleJCTED BY OWNER I8. 6• 1 11G1 BLOCK WALL MATERIAL TO BE SELECTED BY OUtAER WITH WOOD GATE. USE 3 HEAVY DUTY HIIraE.5 Aso LOCKABLE LATCH. PRIME AND PAINT TO MATCH HOUSE COLOR (2 COATS). I% LEDGERSTONE BUILT -N 5,�OUE WITH TILE COUNTER. 2®. 21. EXISTING PIKS a LI4UIDA M5AR TREES TO REMAAv (5) TOTAL 22_ NEW TREES AND LARGE St -S BY OWNER NOTES. I- NSTALL 2' LAYER OF SHRMDDE /r.MCYCLED BARK IN ALL SHRM/ GROUNDCOYER PLANTMG AREAS. 2. CONTRACTOR TO VEpir-Y ALL UTILITIES AND EXISTINGa CONDiT10NS IN FIELD PRIOR TO CONSTRUCT oR 3. ALL PL ANTWx AREAS TO BE IRRIGATEL' WI TW LOW V0LUN4E SMAY HEADS, DRIP EMITTERS, AND/ OR BUBBLERS TIED TO AN AUTOMATIC (REMOTE CONTROL VALVE AND CONN r_TED TO A CE'dTRAL. AUTOMATIC IRRIGATION C 74TI IOLLER 4. INSTALL DEEP ROOT BARRIER By DEEP ROOT OR ECIIIAL ON ALL 1 8 (EXCEPT PALMS) WM14IN 8' OF HARDSGAPE ELISIENTS, iAL WALLS, PAVMG, ETC. 5 $/gFw.ta/�r /-S' iYmT .F�Gi.Pt� AtevYG E'c n�ooEiY.4 /9YF' 8 IM�4i ct/ V� A A— S'M//Y• Lu ll Z W QRSR c �c ( z 1W 57E9O wiT7iIN W CFS --i i 0 o J W A A— pcx- Pi� t i9Gcc�5' ,Pi4NiF �, vgFarEs 30 �itx-------------------------- G �— �xl,,,-ILT4 -po,5e -EcFq W'D Date z Q Date C- Yki !moi I- A i u , O LLI i u , O �Wdo q, tL r� emu ve• im "m r`