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HomeMy WebLinkAboutC-6463 - Encroachment Agreement EPN N2002-232 for 2300 Ford RoadRecorded in Official Records, County of Orange Tom Daly, Clerk -Recorder 1111111111111111111111111111111111111111111! 1111111 1111111111 NO FEE 200300011617103:03pm 01130103 102 80 Al2 7 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 (EPN2002-0232) THIS AGREEMENT is made and entered into this m , day of Ive by and between Stephen C. Scarlett, President (Authorized Signature) on behalf of hurch of St. Matthew By -The -Sea, a California nonprofit Corporation (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 2300 Ford Road, Newport Beach, California and legally described as Lot 9 and Letter Lots EE, FF, and GG of Tract 15317, as shown on a map recorded in Book 752, Pages 1 to 11 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 Ford Road right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to 2300 Ford Road, Newport Beach, California and legally described as as Lot 9 and Letter Lots E'-, FF, and GG of Tract 15317, as shown on a map recorded in Book 752, Pages 1 to 11 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; 1 ;ZECORDING REQUESTEL ND WHEN RECORDED RETURN TO: �\ Public Works Department " City of Newport Beach ti 200 Post Office Box 1768 V 3300 Newport Boulevard Newport Beach, CA 92659-1768 Recorded in Official Records, County of Orange Tom Daly, Clerk -Recorder 1111111111111111111111111111111111111111111! 1111111 1111111111 NO FEE 200300011617103:03pm 01130103 102 80 Al2 7 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 (EPN2002-0232) THIS AGREEMENT is made and entered into this m , day of Ive by and between Stephen C. Scarlett, President (Authorized Signature) on behalf of hurch of St. Matthew By -The -Sea, a California nonprofit Corporation (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 2300 Ford Road, Newport Beach, California and legally described as Lot 9 and Letter Lots EE, FF, and GG of Tract 15317, as shown on a map recorded in Book 752, Pages 1 to 11 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 Ford Road right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to 2300 Ford Road, Newport Beach, California and legally described as as Lot 9 and Letter Lots E'-, FF, and GG of Tract 15317, as shown on a map recorded in Book 752, Pages 1 to 11 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; 1 NOW, THEREFORE, ,o consideration of the mutual promiz�ds, the parties hereto agree as follows: 1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as a monument sign (4' high and 9' long) and appurtenances in Ford Road 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, 2 the maintenance, removal, it -,pair, renewal, replacement or enlaiyement 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 frorn 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. 3 APPROVED AS TO FORM: By: 0 �� City Attorney ATTEST: City Clerk T. CITY OF NEWPORT BEACH, a Municipal corporation OWNER: Church Of St. Matthew By -The -Sea, A California Nonprofit Corporation By: );4v ( tep en C. Scarlett, President Aurthorized signature STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) On �� , 2002 b fore me, personally appeared P 4 a e --mm (or proved to me person whose name(,sl is/�e subscribed that he/UtVey has executed the same in his/hE /AhVir signature(O on the instrument tl person acted, executed the instrument. WITNESS my hand and official seal. N to Public in and for aid State STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) l/G on the basis of satisfactory evidence) to be the to the witI� in instrument and acknowledged to me hisft} r/tKeir authorized capacity(i99j, and that by ie person(sI) or the entity upon behalf of which the eS. WASHINGTON COMM -1 n 314900 m NOTARY PUBUGCAUFORNIA l [p ORANGE COUNTY W My Tenn Exp. August 22, 2005 (This area for official notarial seal) On efore me, personally appeared v\ -Q^ L . ,- L %—i'� 6 personall known to me_ to be the perso s) hoe nam (s is are subscribed to the w' +- instrument and ack wledged to me that he/s, hey as executed the same in his/her their uthorized capacit ies ,and that by his/he the' s' nature s) n the instrument the perso s) or the entity upon behalf of which the person acted, execute the instrument. WITNESS my hand and official seal. CATHY FISHER commissions 1341 Dog zNotary Public - California Orange County OMYCornm.Eapims Feb 21,2006 J �■era Notary Public ' nd for said State (This area for official notarial seal) F:\USERS\PBW\GWONG\WP51\AG\CJIRCJ ST ,ATTJEW-EPN2002-032-SIGN2. DOC 5 aa• A 7" • d O I n c n FE a LA Q' D N N 5 1 TE FAN EXH/B/T 'A" l 6 F 2 St. Matthew's Cht„ch / Bid Document Sign Type 2.00 - Secondary Church Identification Monument Sign One-sided masonry monument sign with precast concrete cap and slate tile cladding to match church. Letters and logo to be applied cut out aluminum custom painted to match oxidized bronze sample color. Illumination via ground mounted light fixtures by others. General Specifications A. 1/2" thick flat cut out painted aluminum letters mounted to masonry monument via non-corrossive metal studs and silicone adhesive. B. 1/2" thick waterjet cut out painted aluminum logo mounted to masonry monument via non-corrossive metal studs and silicone adhesive. C. 12" x 12" slate file to match church. Tile color and configuration to be reviewed and approved by owner prior to installation. D. 2 1/2" thick pre -cost concrete masonry cap. E. Cast -in-place concrete footing with steel reinforcement*. * Dimensions and quantity to be determined by licensed engineer. Color Specifications 1. Painted Bronze color to match sample. 2. Concrete color to match existing project wall. 3. ,fisting project wall. © $0,11EV"T ---• — 7---- — — ,--------------------- ft 0 8'-5 8'-0 O 23/8" N 4" 3/8 �. 4" 3/8 I\1 IWC/1All 1k 2 1/8.1 4 5/8W " -1------ -------------- 9'-0 e 0 0 GERALD STAMM DESIGN, LLC 5" _ � ----I5 1/2.. := 131/2 M Suite 410 Santa Ana, California, 92701 714.550.9981 Fax: 714.550.9982 F12 "i 4'-0" Date: 5.31.02 Sheet: Scale: 1/4" = 1'-0" 2 Revised: &rX f.//BIT "/-I " 2.01