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HomeMy WebLinkAboutC-6474 - Encroachment Agreement EPN N2003-070 for 222 Old Newport BoulevardRECORDING REQUES I ED AND Recorded in ofiir.ic�i—ecords, county of Grange 1 -ora Daly, Clerk -Recorder WHEN RECORDED RETURN TO: y i li —�-- SII; I Ihi! ILII 'd II IIl:! Ilii 11111 !�I I PER! II 118.010 Public Works Department 2003000836706 08,27zam 07/16/03 City of Newport Beach 214 6 X112 f 9 Post Office Box 1768 '')O 0 00 0,00 0 00 12-00 OM 0 0o 6 00 U 3300 Newport Boulevard Newport Beach, CA 92659-1768 Space above this line for Recorder's use only. 1P ENCROACHMENT AGREEMENT (EPN2003-0070) THIS AGREEMENT is made and entered into thisday of 2003, by and between William E. Glynn and Etta Glynn (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 222 Old Newport Boulevard, Newport Beach, California and legally described as Lot 23, Tract 444, as shown on a map recorded in Book 19, Page 29 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, Caiifornia; WITNESSETH: WHEREAS, OWNER desires to construct certain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within the La Jolla Drive right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to Lot 23, Tract 444, as shown on a map recorded in Book 19, Page 29 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; also known as, Newport Beach, California; and WHEREAS, said PERMITTED IMn^OVEME^!TS 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. In addition the wooden gate shall be open able to allow the CITY to have access to maintain the storm system; and 1 WHEREAS; the par ; hereto desire to execute an agr( lent providing for fulfillment of the conditions required by CITY to permit OWNER to 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 3 -feet high wooden fence, and appurtenances in the La Jolla 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 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 2 or ;epair any CITY -owned feline, conduit or cable located )r 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 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. 6. OWNER shall i 3mnify and hold harmless CITY, , 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: City Attorney ATTEST: By:(2VNX/14_M,y, City Clerk CITY OF NEWPORT BEACH, a Municipal corporation By:, Rt�anager OWNER: i. �s William i By: 14 44,4 n tta lynn 91 STATE'OF CALIFORNIA ; ) ss: COUNTY OF ORANGE ) On _ personally appeared ' 2003, � before me, x'11,4 J. .,A/ personally known to me (or preved to m on the basis of satieactory evidence) to be the person *whose name*, is/aro subscribed to the within instrument and acknowledged to me that he/she/tf%y his executed the same in his/herltti'reir authorized capacity(fea), and that by his/her/their 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. otary Public in and for saidate STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) �, DANNY L. AYE COMM. #125 Not 9668 D �RANGPublic Calitomia x ssion M CommiOUNTY XP=4/2$/04 K (This area for official notarial seal) On —d-3 2003, 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 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 persons(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State F:\WP51\GILBERT\GLYNN-EPN2003-0070-222 OLD NEWPORT BLVD -NH (This area for official notarial seal) 5 r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of (1) N� V } ss. On AV61 Nj XD before me, WI bo -1 f rDWh� Ivy ►1 Date �j Nam`e� nd Title of Off'ic/�r (e.g., "Jane personally appeared Pf r Vjo, ►"' Name(s) of Signer(s) �LEiLANI I. BROWN Commission # 1336673 Z i -� Notary Public - California i Orange County My Comrn. E.Vires Jan 26, 2onj Apersonally known to me ❑ proved to me on the evidence Ocl_ basis of satisfactory to be the perso (s whose nam is/ re subscribed to the within instrument and acknowledged to me that he/ the executed the sa r t in his/hehe' authori d capacit (ies and that by his/he the' signature on the instrument the perso s the entity upon behalf of which the perso (s) acted, executed the instrument. WITNESS my ha and official seal. Place Notary Seal Above 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER © 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 DEMti= -L.S. 4653 'A _IAM &LqN-J Ni:,,,j?, � ax'-v�. KE F �_R E S T DRIVE #409 N��J �fl�; BFA �) cA .ILLS,. CA 92653 SET NAIL -2n4 Easterly of Lot 23, Tr -343$, Fax r ATE. 3-05-2002 T SPIKE / 1 ♦ 9Q O ♦ `O�,°�G�a — SET SPIKE MAN HOLE 001 0 22.CD CD Cu 1 1 0iN 23 1c:> 24 Z � r