The URL can be used to link to this page

Home My WebLink AboutC-6479 - Encroachment Agreement EPN N2003-287 for 535 Riverside AvenueRecorded in Official Records, County of Orange Tom D,:,ly, Clerk Recorder II1A II!'ILII II'''IUlI�I ll 1111111111! ITTII"Ill NO F F- 00,1001058824 08.27am SKIM 2A IlO Al2 8 OW, 000 000 000 O.OU 0.00 060 0.00 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT (EPN2003-287) (0 THIS AGREEMENT is made and entered into this l hV\ day of 2003, by and between Michael R. Eschbach, (hereinafter "OWNER"), 'y 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 535 Riverside Avenue, Newport Beach, California, 92663 and legally described as lot 16, Block 34 of The First !� Addition to the Newport Heights Tract, as shown on a map recorded in Book 4, Page 94, 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 Riverside Avenue right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to lot 16, Block 34 of The First Addition to the Newport Heights Tract, as shown on a map recorded in Book 4, Page 94, inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; also known as 535 Riverside Avenue, 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 "RIGHT-OF-WAY"; and 1 RECORDING REQUESTED AND WHEN RECORDED RETURN TO: r Public Works Department v City of Newport Beach Post Office Box 1768 Newport Beach, CA 92659-1768 Recorded in Official Records, County of Orange Tom D,:,ly, Clerk Recorder II1A II!'ILII II'''IUlI�I ll 1111111111! ITTII"Ill NO F F- 00,1001058824 08.27am SKIM 2A IlO Al2 8 OW, 000 000 000 O.OU 0.00 060 0.00 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT (EPN2003-287) (0 THIS AGREEMENT is made and entered into this l hV\ day of 2003, by and between Michael R. Eschbach, (hereinafter "OWNER"), 'y 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 535 Riverside Avenue, Newport Beach, California, 92663 and legally described as lot 16, Block 34 of The First !� Addition to the Newport Heights Tract, as shown on a map recorded in Book 4, Page 94, 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 Riverside Avenue right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to lot 16, Block 34 of The First Addition to the Newport Heights Tract, as shown on a map recorded in Book 4, Page 94, inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; also known as 535 Riverside Avenue, 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 "RIGHT-OF-WAY"; and 1 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 9 feet wide concrete carriage walk and 4 feet wide concrete sidewalk overlaid with pavers and gray split face retaining block wall (total height not to exceed 36 inches) and appurtenances in the "RIGHT-OF-WAY" 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 "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 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 2 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 "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, 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 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 attorney's fees and costs incurred. 3 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 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:�wx`fh'l City Attorney ATTEST: B y City Clerk CITY OF NEWPORT BEACH, a Municipal corporation By: City lonager OWNER: Michael R. Eschbach By: Michael R. Eschbach 4 STATE OF CALIFORNIA) ) ss: COUNTY OF ORANGE ) On , 2003, before me, �o •'1 �'� �"�'"` r �'b-�-� +� �� personally appeared "�a–e–Q Z �� O'� (or proved to me on the basis of satisfactory evidence) to be the person whose name is/ re subscribed to the within instrument and acknowledged to me that (Roe/they has executed the same i his er/their authorized capacity(i�i), and that by is/ er/their signature'(.9!) on the instrument the person'o or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. CATHY FISHER roz. Commission # 1341009 z Notary Public - califomia i Orange County My comm. Expires Feb 21, 2006 Notary Public I and for said State (This area for official notarial seal) STATE OF CALIFORNIA) ) ss: COUNTY OF ORANGE On —kM0 , 2003, before me, ,� I�►�1 lr✓✓�I/liil,�lL��1�� `� �/ personally appeared fiVMT �- HIAA(W 40,d W(i'1 III flzrklc✓� personally_ known to me ( vader-►* to be the perso s� hose nam (s)s/are ubscribed to the within instrument and acknowledged to me that he/she the as executed the same in his/herhei authorized capacityles),and that by his/he(/thei signatur(s) n the instrument the persos) r the entity upon behalf of which the person acted, executed the instrument. LEILANI I. BROWN commission # 1336673 Z WITNESS my hand and official seal.Z ... Notary Pubtlo - California ; (orange county my comm. Epirus Jan 25,200.6 Notary Public in and for said State (This area for official notarial seal) f:\users\pbw\shared\encroach\row agreements\2003\2003-287 535 riverside.doc 5 3e�1"1 �1..�13do� rrrQ'l`d 1�tiM >47v'1� x r 0. 11 " J Y r Exhibit A f S -� 11 �; �j II �I - .: �7F:".y,�,. �vifIn I -r- IfA It .2 2 R1 _Sr ro