HomeMy WebLinkAboutC-6476 - Encroachment Agreement EPN N2003-277 for 2300 Laurel Place✓ ji/
Recorded in Official Records, County of Orange
1'ortii Daly, Clerk -Recorder
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ENCROACHMENT AGREEMENT
(EPN2003-277) /
/� THIS AGREEMENT is made and entered into this t day of
r�JGOS_�_ , 2003, by and between Paul D. and Sandra J. Beauchamp, (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 Laurel
Place, Newport Beach, California, 92663 and legally described as lot 11, of Tract 1188, as
shown on a map recorded in Book 37, Page 20, 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 5 feet Public Utility Easement
(hereinafter "EASEMENT") that is located in the rear of lot 11, of Tract 1188, as shown on a
map recorded in Book 37, Page 20, inclusively of Miscellaneous Maps in the office of the
County Recorder of Orange County, California; also known as 2300 Laurel Place, Newport
Beach, California, 92663 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 "EASEMENT"; and
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RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
Public Works Department
City of Newport Beach
U
Post Office Box 1768
Newport Beach, CA 92659-1768
✓ ji/
Recorded in Official Records, County of Orange
1'ortii Daly, Clerk -Recorder
1111111111111 "11; 11111111111111VIIINlliIlli!III1I111NO FEE
200300100702910.40am 08120/03
1-1 110 Al2 6
0.6171 000 0.00 000 0.00 000 0.(?G 0.00
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
(EPN2003-277) /
/� THIS AGREEMENT is made and entered into this t day of
r�JGOS_�_ , 2003, by and between Paul D. and Sandra J. Beauchamp, (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 Laurel
Place, Newport Beach, California, 92663 and legally described as lot 11, of Tract 1188, as
shown on a map recorded in Book 37, Page 20, 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 5 feet Public Utility Easement
(hereinafter "EASEMENT") that is located in the rear of lot 11, of Tract 1188, as shown on a
map recorded in Book 37, Page 20, inclusively of Miscellaneous Maps in the office of the
County Recorder of Orange County, California; also known as 2300 Laurel Place, Newport
Beach, California, 92663 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 "EASEMENT"; and
1
I 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.
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
wood fence installed on top of existing block wall (total height not to exceed 6 feet) and
appurtenances in the "EASEtJIENT" as shown; on EXHIBIT "A" attached hereto and as
approved by the Public Works Department. In addition, the proposed PERMITTED
IMPROVEMENTS may vary at the time of construction. Hence, any changes must be
approved by the Public Works Department 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 "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' 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 CIT Y.
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
therefore 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
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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 repairs.
d. That should CITY be required to enter onto said RIGHT -OF --WAY 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 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,
replacement, 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, replacement, or
restoration of the PERMITTED I",4PROVEMENTS.
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. 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 attorney's fees
and costs incurred.
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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.
I. 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:
By: �xx� r Gce
City Attorn
-1
City Clerk
CITY OF NEWPORT BEACH,
a Municipal corporation
OWNER�u�D. an"andra J. BeaVthamp
Paul D. Beauchamp
By:
l/l
Y
Sandra J. eauchamp
4
STATE OF CALIFORNIA)
) ss:
COUNTY OF ORANGE )
On- \ 2003, before me,
personally appeared :G�
(or proved to me
evidence) to be the perso s) hose nam(s is re ubscribed
� , i\jo
on the basis of satisfactory
to the within instrument and
acknowledged to me that he/she they as executed the same in his/her/(heir authorized
capacity les) and that by his/he their ignatur (s n the instrument the personDsr 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
STATE OF CALIFORNIA)
) ss:
COUNTY OF ORANGE )
17,
personally
2003, before me,
CATHYFISHER `
J Commission # 1341009
z Notary Public - California
Orange County
My Comm. Expires Feb 21, 2006
(This area for official notarial seal)
personally known to me (or proved to me on the basis o satisfactory evidence) to be the
persons) hose nam (s) is/ re ubscribed to the within instrument and acknowledged to me
that he/shPignature((js
has executed the same in his/her/ ei authorized capacityoies,and that by
/
his/her theon the instrument the perso (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
f:\users\pbw\shared\encroach\row agreements\2003\2003-277 2300 laurel plr.doc
LEILANI I. BROWN
Commission * 1336673 Z
Z y Notary Public - California i
Orange County
My Comm, Expires Jan 2a, 2006
(This area for official notarial seal)
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