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Home My WebLink AboutC-6448 - Encroachment Agreement EPN N2001-110 for 405 and 405 1/2 Goldenrod Avenue0 Recorded in l'stsi_ :;i R—Cords, Cu.... of or..rtge Gary Granviiie; Cierk-Recorder 11111 "�11 fill 1!11! � n Vii► 115 67 Al2 7 i.or '.`.i Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT 405 AND 405 Y2 GOLDENROD (EPN2001-110) THIS AGREEMENT is made and enrered into this day of 2001, by and between Eric Welton; 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 405 and 405 Y2 Goldenrod Avenue, Newport Beach, California and legally described as Lot 5, Block 333 of Corona del Mar Tract as shown on a map recorded in Book 3, Pages 41 through 42 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California (hereinafter the "PROPERTY"); WITNESSETH: WHEREAS, OWNER desires to construct and maintain certain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within alley right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to the PROPERTY, to provide alley access to PROPERTY; WHEREAS; the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to permit OWNER to construct and CITY to accept 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 concrete alley extension with grade beams and caissons, metal guardrail with signage, and appurtenances in alley right-of-way as shown on EXHIBIT "A" attached hereto and shall be more specifically described and detailed on the plans and specifications approved by the Public Works Director. The PERMITTED IMPROVEMENTS may vary at the time of f` RZ-CGR.DING REQUESTED AND t ri'lEZ N REC, 7RDED RETURN TO: Public Works Department VCity of Newport Beach Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92658-8915 Recorded in l'stsi_ :;i R—Cords, Cu.... of or..rtge Gary Granviiie; Cierk-Recorder 11111 "�11 fill 1!11! � n Vii► 115 67 Al2 7 i.or '.`.i Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT 405 AND 405 Y2 GOLDENROD (EPN2001-110) THIS AGREEMENT is made and enrered into this day of 2001, by and between Eric Welton; 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 405 and 405 Y2 Goldenrod Avenue, Newport Beach, California and legally described as Lot 5, Block 333 of Corona del Mar Tract as shown on a map recorded in Book 3, Pages 41 through 42 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California (hereinafter the "PROPERTY"); WITNESSETH: WHEREAS, OWNER desires to construct and maintain certain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within alley right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to the PROPERTY, to provide alley access to PROPERTY; WHEREAS; the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to permit OWNER to construct and CITY to accept 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 concrete alley extension with grade beams and caissons, metal guardrail with signage, and appurtenances in alley right-of-way as shown on EXHIBIT "A" attached hereto and shall be more specifically described and detailed on the plans and specifications approved by the Public Works Director. The PERMITTED IMPROVEMENTS may vary at the time of f` construction, provided any changes are determined by the : ublic Works Director to be substantially in conformance with the approved plans and specifications and are shown on the "As Built" plans. 2. Prior to construction of the PERMITTED IMPROVEMENTS OWNER shall: a. Obtain from Public Works Department an Encroachment Permit authorizing work in RIGHT-OF-WAY and comply with all conditions of the Permit. b. Obtain commercial liability, automobile and workers compensation insurance in amounts required by Public Works Department and City's Risk Manager. C. Require contractor to name CITY as an additional insured on commercial liability and automobile insurance policies. d. Provide Performance Bonds and Labor Material Bonds in amounts equal to one hundred percent (100%) of the cost of PERMITTED IMPROVEMENTS. 3. OWNER shall fence any open areas under the alley extension to prevent access to this area and shall provide and maintain landscaping sufficient to cover the fencing. 4. OWNER agrees that upon completion of the PERMITTED IMPROVEMENTS, and acceptance by the CITY, the PERMITTED IMPROVEMENTS shall be open for public use and to provide access to other properties. 5. Upon acceptance of the PERMITTED IMPROVEMENTS by CITY, CITY shall repair and maintain the PERMITTED IMPROVEMENTS and appurtenances incidental thereto, within a portion of RIGHT-OF-WAY, except that OWNER shall repair and maintain all fencing under the alley extension and shall maintain in healthy condition landscaping sufficient to cover the fencing. 6. OWNER and CITY further agree as follows: a. OWNER shall construct PERMITTED IMPROVEMENTS and appurtenances incidental thereto, in substantial conformance with detailed plans and specifications, approved by the Public Works Director and maintained on file in the CITY's Public Works Department, and as described on Exhibit "A". ✓1 05/31/01 b. If CIT) , or other public facilities or improvements are damaged by the construction, of PERMITTED IMPROVEMENTS, OWNER shall be responsible for the cost of repairs. 7. 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 with one exception. That one exception shall be the CITY cannot permanently deny vehicular access to the subject property. 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. 8. 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 with the design or construction of the PERMITTED IMPROVEMENTS. 9. OWNER agrees that during construction of the PERMITTED IMPROVEMENTS OWNER shall indemnify and hold harmless adjoining property owners from any and all damage to structures on property adjoining RIGHT-OF-WAY caused by the construction of the PERMITTED IMPROVEMENTS. 10. 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 against the PROPERTY in the Official Records of the County Recorder of Orange County, California. 11. OWNER agrees that this Agreement shall always be prior and superior to and shall be recorded prior to any mortgage, deed of trust or any other hypothecation for security hereafter placed on the PROPERTY. OWNER agrees to execute and deliver to CITY any instrument that may be deemed necessary to effect subordination to this Agreement of any mortgage or deed of trust or other hypothecation already recorded against the PROPERTY, such that the covenants, conditions and restrictions in this Agreement shall be binding upon 3 05/31/01 and effective. against any ob,ner whose title is derived through ii eclosure or trustee's sale or otherwise. 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 AS TO FORM: By: By: rid City kforney City Manage, City Clerk RLC:ml f: \u sers\cat\shared\e ncroach ment\ag bra ndt405g olden rodfina I. doc MANN": By: Eric Welton 4 05/31/01 STATE OF CALIFORNIA) ) ss: COUNTY OF ORANGE) ) On c�� 2001, be re me;;�J4��aPersonall a ea d /'/c .2p y pp � perso ally known to me h(or roved to me on the basis of satisfactory evidence) to be the person.(sy ose name; sf 6%hre subscribed to the %,vit.hin instrument and acknowledged to me that X he/they has executed the same in is er/their authorized capacity( 91,and that by er/their signature,() on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. 7� ESS y ha an fficial seal. _ SHAUNA LYN OYLER commission # 1164149 Notary Public - California Zz Orange County Notary Public in and ors id State MyComm.Expires Dec 5,2WI (This area for official notarial seal) STATE OF CALIFORNIA) ) ss: COUNTY OF ORANGE) On 2001, before me, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) is,/are subscribed to the within instrument, and acknowledged to me that he/she/they has executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State (This area for official notarial seal) 1.1 STATE OF CALIFORNIA) ) ss: COUNTY OF ORANGE) On �� personally appeap6d a17 2001,, befgre perso ally known to me (or roved to me on the basis of satisfactory evidence) to be the person(s) Ro, se riai-ne� ,6j ara subscribes; to tl ie v!thin instrumcit and ucl<no..,r!edged to me that he/they has executed the same in fl s er/their authorized capacity(! , and that by er/their signature,(s) on the instrument the per sonX or the entity upo ehalf of which the person acted, executed the instrument. 7 ESS y ha an fficial seal. rAo�� t 5HAUNA L)N 0YLER Com�ssion # 116A14z Z ,s Notary Public.: California > Orange County Notary Public in and ors id State MyComm.ExpiresDec�;2001 (This area for official notarial seal) STATE OF CALIFORNIA) ) ss: COUNTY OF ORANGE) ` 1 On , 2001, before me, personally appear d aYV Ct L E)V1 MU , LAI DVl Vli/ M.('S —, personal) known to me ( asls of sates ac ory ) to be the person)' whose n (s` is/are ubscribed to the within in trurn�ent' and acknowle ed to me that he/she/Wced, as exec ted the same in his/her/ ei uthorized capaci (ies and that by his/her/gnaturel'si n the instrument the person s) r the entity upon behalf of which the personexecutedthe instrument. WITNESS my hand and official seal. _ ` _ ` "J LEILANI V. INES Commission # 1170960 No`aryPublic- California Orange County �/VI/L� VVV - My C -n m. Expires Jan 25, 2002 Ij Notary Public in and for said State (This area for official notarial seal) LEILANI V. INES Commission # 1170960 No`ary Public - California) Orange County My Cc mm. Expires Jan 25, 2002 16' EXISTING DUPLEX 2710 1 CAROL —•—•—•-----•—•- j LOT -------------- LOT 7 407 GOLDENROD -------------------------------- LOT 5 PROPOSED ALLEY 405 GOLDENROD EXTENSION PER ENCROACHMENT PERMIT N12000-254 CAISSON & CONCRETE CARPORT AREA BEAM BELOW CONCRETE SLAB ---------------------------- I--------------------- I , EXISTING -------------------- EXISTING STEPS IN ALLEY RIGHT OF WAY 4-1 ISI 2720 BAYSIDE ----------------- ".— ------------------------------- ALLEY EXTENSION PROPOSED PLAN 111=20' EXHIBIT A GOETZ & ASSOCIATES ARCHITECTURE, PLANNING, ENGINEERING 250 NEWPORT CENTER DRIVE SUITE 102 (949) 644-9319 NEWPORT BEACH, CA. 92660 FAX (949) 644-9317