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Home My WebLink AboutC-6471 - Encroachment Agreement EPN N2003-0167 for 2215 Pacific DriveRecorded in Offic Records, County of Orange Tom Daly, Clerk -Recorder 200300071037010:22am 06118103 213 96 Al2 9 0.00 0.00 0.00 0.00 16.00 0.00 0.00 0.00 Space above this line for Recorder's use only. ENCROACHMENT AGREEMEN T (EPN2003-0167) THIS AGREEMENT is made and entered into this 4X day of , 2003, by and between Grant and Christi Bettingen, Trustees of Bettingen 99 Trust (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 2215 Pacific Drive, Newport Beach, California and legally described as Corona del Mar Tract, portion of Block D, and portion of abandoned street Pacific Drive as shown on a map recorded in Book 3, Pages 41 to 42 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 Bayside Drive right-of-way (hereinafter "RIGHT- OF-WAY") that is located adjacent to Corona del Mar Tract, portion of Block D, and portion of abandoned street Pacific Drive, as shown on a map recorded in Book 3, Pages 41 to 42 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; also known as 2215 Pacific Drive, Newport Beach, California; 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 RIGHT-OF-WAY; and WHEREAS; the parties hereto desire to execute an agreerrient providing for fulfillment of the conditions required by CITY to permit OWNER to reconstruct and maintain said PERMITTED IMPROVEMENTS; 1 RECORDING REQUESTED /-xND .� WHEN RECORDED RETURN TO: r Public Works Department City of Newport Beach Post Office Box 1768 3300 Newport Boulevard C) Newport Beach, CA 92659-1768 Recorded in Offic Records, County of Orange Tom Daly, Clerk -Recorder 200300071037010:22am 06118103 213 96 Al2 9 0.00 0.00 0.00 0.00 16.00 0.00 0.00 0.00 Space above this line for Recorder's use only. ENCROACHMENT AGREEMEN T (EPN2003-0167) THIS AGREEMENT is made and entered into this 4X day of , 2003, by and between Grant and Christi Bettingen, Trustees of Bettingen 99 Trust (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 2215 Pacific Drive, Newport Beach, California and legally described as Corona del Mar Tract, portion of Block D, and portion of abandoned street Pacific Drive as shown on a map recorded in Book 3, Pages 41 to 42 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 Bayside Drive right-of-way (hereinafter "RIGHT- OF-WAY") that is located adjacent to Corona del Mar Tract, portion of Block D, and portion of abandoned street Pacific Drive, as shown on a map recorded in Book 3, Pages 41 to 42 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; also known as 2215 Pacific Drive, Newport Beach, California; 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 RIGHT-OF-WAY; and WHEREAS; the parties hereto desire to execute an agreerrient providing for fulfillment of the conditions required by CITY to permit OWNER to reconstruct and maintain said PERMITTED IMPROVEMENTS; 1 NOW, THEREFORE, 3onsideration of the mutual promi; , the parties hereto agree as follows: 1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as a portion of retaining wail, and completion of concrete stairway to 7 -foot wide sidewalk along Bayside Drive right-of-way 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. In addition, all landscaping within the line of sight 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. oil 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 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. 3 6. OWNER shall def 1, indemnify and hold harmless C ', 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. APPROVED AS TO FORM: By: (�22/jvu C City Attorney ATTEST: /'r /Y" City Clerk CITY OF NEWPORT BEACH, a Municipal corporation By... City anager OWNERS: Grant and Christi Bettingen Trustees of "ingen 99 Trust s By: Christi B ttingen Tri 0 By tF CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California D�Q } County of � J ss. On �"' �� , before me, �e�Ia�i �• b(dt o, No*q PWI(i Date f (' �j Wood a Name1a0d Title of Offic g., Jane Do Notary Public") personally appeared v' `�`�O� ' "�ovl % �G Von✓�L M. Name(s) of Signers) ' LEILANI I. BROWN Commission # 1336673 Z z '=ea I ` Notary Public - California > Orange County Icy Comm. iras ,Ian 25, 20 Place Notary Seal Above personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person whose name is/6) subscribed to the within instr ent and acknowledged to me that he/s a executed the sam in his/her/ eir authori capacityles and that y his/her/ eir signatures n the instrument the person the entity upon behalf of which the perso (s) acted, executed the instrument. WITNESS my hand and official seal. DVAA,. , GP Bmv)%� Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ElIndividual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) On Aq 13 , 2003, before me, 0_ personally appeared�... , personally •k-Dawn--to--me (or roved to me on the basis of satisfactory evidence) to be the personX whose name(( is re subscribed to the with* instrument and acknowledged to me that hes /hey has executed the same in his/ e� r their authorized capacity(, , and that by his er heir signature(( on the instrument the person(0or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. CATHY FISHER Commission # 1341009 re;z' Notary Public - California Z Orange County My Comm. Expires Feb 21,2006 Notary Publid"A Public"'and for said State (This area for official notarial seal) On r tt / 2003, before me - personally appeared /„ ter 14e- known to me (or proved to me on the basi, whose name(s) is/ate subscribed to the wit he/she/th,ay has executed the same in his/I his/Iyer/thjrr signature(s-) on the instrument the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State personally f satisfactory evidence) to be the person) iin instrument and acknowledged to me that jar/their authorized capacity(ierg), and that by person(s)- or the entity upon behalf of which the (This area for official notarial seal) (LIMA L. HIRAHARA Commission # 1307388 Z Z Notary Public - California y j Orange County My Comm. Expires Jun 3, 2005 F:\USERS\PBW\Shared\ENCROACH\ROW Agreements\®2003\•2,003 0167 221 Pacific Dr.doc Buyer CoOwner Title Lender Loan Loan$ Rate Bettingen Grant Tr JLJ -___---------------- -------------- Price Xfered Loc # :798296 Deed Vest % Owned :100 $/SgFt Transfer History Buyer : Bettingen Grant Price CoOwner Xfered :11/19/1999 Title : Title Land Doc # :802338 Lender Deed : Grant Deed Loan Vest Loan$ % Owned :100 Rate $/SgFt Buyer : Bettingen Grant Price : $700,000 CoOwner : Bettingen Christi Xfered :12/23/1987 Title Doc # :706596 Lender Deed Loan Vest Loan$ % Owned :100 Rate $/SgFt :$748.66 Buyer CoOwner Title Lender Loan Loan$ Rate Bettingen Grant Tr JLJ -___---------------- -------------- Price Xfered Loc # :798296 Deed Vest % Owned :100 $/SgFt *--=----------------------- MetroScan / Orange O47rer, - : Bettingen Grant CoOwner . Site :2215 Pacific Dr Corona Del Mar 92625 Mail :2215 Pacific Dr Corona Del Mar Ca 92625 Xfered :11/19/1999 Doc # :802338 Price Deed :Grant Deed LoanAmt Loan VestTyp IntTy Lender LandUse :122 Res,Single Family Residential Legal :CORONA DEL MAR BLK D POR OF BLK AND :POR ABAND STR (PACIFIC DRIVE) Census :Tract:627.01 Block:l ............. ............. Bedrooms :3 Bldg SgFt :935 Bathrooms :2.50 Stories :1 Total Rms :7 Fireplace :1 Air Cond :No Garage Type :Attached Heating Pool :No 1 otv S � --------------------------* Parcel :052 011 14 Land :$786,625 Struct :$120,365 Other Total :$906,990 Exempt Type % Impry :13 % Owned :100 TaxArea :07001 02-03 Tx :$9,292.80 Phone :949-675-8456 MapGrid :919 E2 YearBuilt :1951 Lot Acres :.08 Lot SgFt :3,300 Units Spa Information compiled from various sources. Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report.