HomeMy WebLinkAboutC-6461 - Encroachment Agreement EPN N2001-230 for 404 Via Lido NordRecorded in Official Records, County of Orange
Gary Granville, Clerk -Recorder
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ENCROACHMENT AGREEMENT
(EPN2001-230)
THIS AGREEMENT is made and entered into this day
of t,(kl.�, 2001, by and between Jill Suzanne Golden (hereinafter "OWNER"), and the
City Q 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 404 Via Lido Nord, Newport Beach,
California and legally described as Lot 475, Tract No. 907, as shown on a map recorded in
Book 28, Pages 25 to 36 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 a portion of an existing 4 -foot public
utility easement on Via Lido Nord serving Lot 475, Tract No. 907 (also known as 404 Via Lido
Nord, Newport Beach, California) hereinafter "EASEMENT", as shown on a map recorded in
Book 28, Pages 25 to 36 inclusively of Miscellaneous Maps in the office of the County
Recorder of Orange County, CalifOrnla; 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 the Easement; and
WHEREAS; the partes hereto desire to execute an agreement providing for fulfillment
of the conditions required by CITY to permit OWNER to construct, reconstruct and maintain
said PERMITTED IMPROVEMENTS;
NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree
as follows:
RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
Public Works Department
City of Newport Beach
V
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659-1768
Recorded in Official Records, County of Orange
Gary Granville, Clerk -Recorder
11111111111111111111111111111111111111111111111111111111116, 00
20010494014 09:47am 07/23/01
109 73 Al2 6
0.00 0.00 0.00 0.00 10.00 0.00 0.00 0.00
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
(EPN2001-230)
THIS AGREEMENT is made and entered into this day
of t,(kl.�, 2001, by and between Jill Suzanne Golden (hereinafter "OWNER"), and the
City Q 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 404 Via Lido Nord, Newport Beach,
California and legally described as Lot 475, Tract No. 907, as shown on a map recorded in
Book 28, Pages 25 to 36 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 a portion of an existing 4 -foot public
utility easement on Via Lido Nord serving Lot 475, Tract No. 907 (also known as 404 Via Lido
Nord, Newport Beach, California) hereinafter "EASEMENT", as shown on a map recorded in
Book 28, Pages 25 to 36 inclusively of Miscellaneous Maps in the office of the County
Recorder of Orange County, CalifOrnla; 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 the Easement; and
WHEREAS; the partes hereto desire to execute an agreement providing for fulfillment
of the conditions required by CITY to permit OWNER to construct, 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 a
grouted stone driveway approach, trench drain, and appurtenances 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 the Easement, 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' written notice, with prior City Council approval, 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 as a result of exercising it's
easement rights to maintain, repair, or replace it's sewer line.
4. OWNER and CITY further agree as follows:
a. OWNER may, at owner's cost and expenses, 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 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 all repairs.
d. That should CITY be required to enter onto said Easement to exercise its
primary rights associated with said Easement, including but not limited to, the maintenance,
removal, repair, renewal, replacement or enlargement of existing or future public facilities or
2
improvements, CITY may remove portions of the PERMITTED IMPROVEMENTS, as required,
and in such event:
(i) CITY shall reasonably 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
IMPROVEMrNTS affected by such work by CITY;
(iv) OWNER agrees to pay all costs for renewal, restoration, or
replacement of the PERMITTED IMPROVEMENTS.
e. This agreement does not extend the OWNERS' any rights to construct any
additional improvements at a later time.
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
EASEMENT and remove all or part of the improvements installed by OWNER. Either party
that is alleged to have breached any material provision of this agreement shall be given 30
days written notice of the breach and the opportunity to cure with the date of breach and the
date of termination, if cure is not made. 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 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.
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:
0
City Attorney
CITY OF NEWPORT BEACH,
a Municipal corporation
City Clerk
NNER:
By: ,
City Ma ager
Jill Geanne • •-
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
OndGt let , 2001, be e me X444-10 � 4'le`-
personally app red 2C co,'J
personall known to me or pr tome on the basis of satisfactory evidence) to be the
person whose name s/ re subscribed to the within instrument and acknowledged to me
that jzi �ey exe ute the same in hi�/their authorized capacity(, and that by
hi their signature�,a'f on the instrument the person(s) or the entity upon behalf of which the
persons( acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in an for said ttate
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On �V1� "L_ , 2001, before me, � Ll
personally appdared �V� _
NomySHAUNA LYN OYLER
Commission# 1164149
Notary Public CaliforniaOrange County
Comm. Expires Dec 5, 2001
(This area for official notarial seal)
15
person known to me oved tori on the -basis of-satisfetotry-evider�e) to be the
person(s) hW name s) is ar subscribed to the within instrument and ackncyvledged to me
that his the , execed t e same in his/her heir uthorized capacityles and that by
his/her/ i
signature
s) n the instrument the perso (s 'or the entity upon behalf of which the
personcted. executed the instrument.
WITNESS my hand and official seal
_ C I
Notary'Public in and for said State
FAW P51\GILBERTWG\GOLDENEPN2001-230LI.DOC
5
LEILANI V. INES
Commission # 1170960 z
No'ary Public - Colifornio y
Z Orange County
�r My Ccrnm. "Expires Jan 25, 2002
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