HomeMy WebLinkAboutC-6456 - Encroachment Agreement EPN N2001-024 for 524 Hazel DriveRecorded in Official Records, County of Orange
Gary Granville, Clerk -Recorder
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ENCROACHMENT AGREEMENT CZ
(EPN2001-024)
THIS AGREEMENT is made and entered into this ��,7,74/ day
of IA-aW , 2001, by and between Thomas Q. Nicholson on behalf of F. C. Holdings
Company (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 524 Hazel Drive, Newport Beach, California and legally described as portion of Lot
31, Tract 673, Block B as shown on a map recorded in Book 20, Pages 17 and 18 inclusively
of Miscellaneous Maps in the office of the County Recorder of Orange County, California;
WITNESSETH:
WHEREAS, OWNER desires to construct and maintain certain non-standard
improvements (hereinafter "PERMITTED IMPROVEMENTS") within Hazel Drive right-of-way
(hereinafter "RIGHT-OF-WAY") that is located adjacent to 524 Hazel Drive, Newport Beach,
California and legally described as Lot 31, Tract 673, Block B as shown on a map recorded in
Book 673, Pages 17 and 18 inclusively of Miscellaneous Maps in the office of the County
Recorder of Orange County, California;
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
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;
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RECORDING REQUESTEF ND
_1Jr
WHEN RECORDED RETURN TO:
UJ-'
J
Public Works Department
�o
City of Newport Beach
Post Office Box 1768
U
3300 Newport Boulevard
Newport Beach, CA 92659-1768
Recorded in Official Records, County of Orange
Gary Granville, Clerk -Recorder
11111111111111111111111111111111111111111111111111111111 NO FEE
2001007594411:13am 02109101
111 25 Al2 8
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.
ENCROACHMENT AGREEMENT CZ
(EPN2001-024)
THIS AGREEMENT is made and entered into this ��,7,74/ day
of IA-aW , 2001, by and between Thomas Q. Nicholson on behalf of F. C. Holdings
Company (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 524 Hazel Drive, Newport Beach, California and legally described as portion of Lot
31, Tract 673, Block B as shown on a map recorded in Book 20, Pages 17 and 18 inclusively
of Miscellaneous Maps in the office of the County Recorder of Orange County, California;
WITNESSETH:
WHEREAS, OWNER desires to construct and maintain certain non-standard
improvements (hereinafter "PERMITTED IMPROVEMENTS") within Hazel Drive right-of-way
(hereinafter "RIGHT-OF-WAY") that is located adjacent to 524 Hazel Drive, Newport Beach,
California and legally described as Lot 31, Tract 673, Block B as shown on a map recorded in
Book 673, Pages 17 and 18 inclusively of Miscellaneous Maps in the office of the County
Recorder of Orange County, California;
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
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;
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NOW, THEREFORE, . consideration of the mutual prom s, the parties hereto agree
as follows:
1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as a
P.C.C. driveway and entry way with a scored/washed finish and appurtenances in Hazel Drive
right -of -away as shown on EXHIBIT "A" attached hereto and as approved by the City
Engineer. 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
doing so. However, nothing herein shall be construed to require OWNER to maintain, replace
or repair any private -owned or CITY -owned pipeline, conduit or cable located in or under said
PERMITTED IMPROVEMENTS, except as otherwise provided herein.
c. If private -owned, 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 the 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,
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the maintenance, removal, ,pair, renewal, replacement or enlZ 3ment 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 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 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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the day and year first -above written.
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APPROVED AS TO FORM:
City Attorney
ATTCCT-
City Clerk
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CITY OF NEWPORT BEACH,
a Municipal corporation
OWNER: F. C. Holdings
City,,Manager
FA
?-01 �d ME
orized Agent on behalf of
F. C. Holdings
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On 200`11, before e,
�,� I �Gt V� I V �►
personally appeared �r �, q La V bn rlci 1<SS '- personall
known to me ( lr p1QM d to me o t4 ��� - e atisf. ��-- -�w; to be the person
whose nam is re ubscribed to the within instrument and acknowledged to me that
he/she/ has executed the same in his/herA j) uthorized capacity( and that by
his/her/�ignature(jjj�n the instrument the personr the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
r�iLANI V INES
Commission # 1170960 Z
No -cry Public - Califomi0 y
Z Orange County
My C --nm. Expires Jan 25, 2002
Notary Public in and for said State
(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 name(s) 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)
F:\Users\PBMPArciniega\EP's\EP-2001 \agmt-EP01-024NicholsonConstB-CDM.doc
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Power of Attorney
January 23, 2001
I,;Thomas Q. Nicholson, give James Weber general power of attorney to act in my own best interests and the best
interests of my compamW. This power of attorney will terminate February 1, 2001. However, in the event of my
death prior,a dat, t will remain in effect until all my business affairs are settled and concluded.
Thomas VNicholson
CALIFORNIA
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On January 23, 2001, before me, Sheryl V. Gray, Notary Public, personally appeared Thomas 0.
Nicholson, personally known to me to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity, and that by his signature
on the instrument the person, or the entity upon behalf of which the person acted, executed the
instrument.
WIT hand and offici al.*my
SHERYL V. GRAY
ccCOMM. #1158708 v
/ QNOTARY PUBLIC • CAUFOFMA X
�l (SEAL) ORANGE COUNTY
Signature of Notary Public Conn Sip. Oct. 14, 2wl
OPTIONAL INFORMATION
Though the data below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
X Individual
X Corporate Officer
President, Managing Partner Power of Attorney
Title Title or Type of Document
Partner(s) X Limited
Signer is Representing:
Nicholson Construction Company, Begonia Village, LLC, Old Bridge Estates, Inc., FC Holdings, Inc., ITF, Ltd.
CALIFORNIA
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orang
On January 26, 2001, before me, Sheryl V. Gray, Notary Public, personally appeared James H.
Weber, personally known to me to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity, and that by his
signature on the instrument the person, or the entity upon behalf of which the person acted, executed
the instrument.
WITNESS my hand and official seal. �:.a••.. SHERYL V. GRAY
COMM. #1158708
% 6 m NOTARY PUBLIC - CAUFORNA m
�ji i
ORANGE COUNTY
(SEAL) a .y My C,cmm Exp. Oct 14, ?OOt
L. .'
Signature of Notary Public
OPTIONAL INFORMATION
Though the data below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title
Partner(s) Limited
General
X Attorney -in -Fact
Trustee(s)
Guardian/Conservator
Other:
Signer is Representing:
Encroachment Agreement — 524 Hazel Drive
Title or Type of Document
Number of Pages
Instructions state not to date document
Date of Document
Thomas Q. Nicholson (President of FC Holdings) as Attorney -in -Fact
Name of Person(s) or Entity(ies)
Ex X116 ►T ' A'
NZoo�-ozg
W/-SH9D �tizStr�
HAZEL P RI V E
HAZEL DRIVE HOMES
CORONA DEL MAR NICHOLSON LAND COMPANY
1/8" 1'0" 1/17/01 FRA#2502