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HomeMy WebLinkAboutC-6481 - Encroachment Agreement EPN N2003-138 for 110 Via XantheRecorded in Official K"ords, County of Orange Tom Daly, Clerk -Recorder II!!!I!Ilil 1111! IIIII lilll III.' 111111111! IIII! ill!I illll II!II CIII 16.00 s D 200300111295610,24am 09/11103 117 110 Al2 6 0.00 0.00 0.00 0.00 10.00 0.00 0.00 0.00 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT (EPN2003-0138) _ THIS AGREEMENT is made and entered into this 134- k ,_ day of , 2003, by and between Steven David Johnson and Caroline Lyon Johnson, Trustees 4 Johnson Family 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 110 Via Xanthe, Newport Beach, California and legally described as Lot 368, Tract No. 907, as shown on a map recorded in Book 28, Pages 25 to 36 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 Strada Xanthe right-of-way and a portion of an existing 4 -foot public utility easement on Via Xanthe serving Lot 368, Tract No. 907 (also known as 110 Via Xanthe, Newport Beach, California) hereinafter "EASEMENT", as shown on a map recorded in Book 28, Pages 25 to 36 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, 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 the Easement; and WHEREAS; the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to permit OWNER, to construct, reconstruct and maintain said PERMITTED IMPROVEMENTS; NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree as follows: RLrORDING REQUESTEr ND co c WHEN RECORDED RETURN TO 9 Public Works Department City of Newport Beach Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92659-1768 Recorded in Official K"ords, County of Orange Tom Daly, Clerk -Recorder II!!!I!Ilil 1111! IIIII lilll III.' 111111111! IIII! ill!I illll II!II CIII 16.00 s D 200300111295610,24am 09/11103 117 110 Al2 6 0.00 0.00 0.00 0.00 10.00 0.00 0.00 0.00 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT (EPN2003-0138) _ THIS AGREEMENT is made and entered into this 134- k ,_ day of , 2003, by and between Steven David Johnson and Caroline Lyon Johnson, Trustees 4 Johnson Family 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 110 Via Xanthe, Newport Beach, California and legally described as Lot 368, Tract No. 907, as shown on a map recorded in Book 28, Pages 25 to 36 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 Strada Xanthe right-of-way and a portion of an existing 4 -foot public utility easement on Via Xanthe serving Lot 368, Tract No. 907 (also known as 110 Via Xanthe, Newport Beach, California) hereinafter "EASEMENT", as shown on a map recorded in Book 28, Pages 25 to 36 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, 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 the Easement; and WHEREAS; the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to permit OWNER, to construct, reconstruct and maintain said PERMITTED IMPROVEMENTS; NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree as follows: d. That shop,.,, CITY be required to enter onto - d Easement 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 reasonably 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, restoration, or replacement of the PERMITTED IMPROVEMENTS. e. This agreement does not extend the OWNERS' any rights to construct any additional improvements at a later time. 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. Either party that is alleged to have breached any material provision of this agreement shall be given 30 days written notice of the breach and the opportunity to cure with the date of breach and the date of termination, if cure is not made. 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 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. 3 7. OWNER shall ,;cept the fact that surface draina-water may enter onto the "SUBJECT PROPERTY" from " EASEMENT " located in the City of Newport Beach, County of Orange, State of California, as depicted on Exhibit "A" attached hereto, whether naturally or as a result of the development or improvement of the " EASEMENT ". 8. OWNER shall accept and waive any and all liability for any damages to the "SUBJECT PROPERTY" caused by the flow of such surface drainage water onto the "SUBJECT PROPERTY". OWNER shall defend, indemnify, waive, 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 to surface drainage water entering the "SUBJECT PROPERTY" from the " EASEMENT ". 9. 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. CITY OF NEWPORT BEACH, a Municipal corporation APPROVED AS TO FORM: i By: By: �. City Attorne City anager ATTEST: City Clerk OWNER: Johnson Family Trust 4 Steven Davi Johnson, Trustee Caroline Lyon Johnson, Trustee STATE OF CALIFORNIA ; ) ss: COUNTY OF ORANGE ) On 5--,Z,5 , 2003, before me, personally appeared)�7eG;'d 0-l2 �� n)�e)rV 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 his/her/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. v�" � '; � tar Public in and for said State (This area for official notarial seal) GM PANZARELLA CommMon # 1396066 z j Notary Pubpc - CaMomfa 5 Oran a County My Comm. E>K b t Jan 26, 2007 STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) On �� , 2003, before me, (�, /� /'k ll -' ,q_f� P llk personally appeared . �Ilc� 12/9�V)4 �c . j <f#RPb4, ),ke,v personally known to me (or proved to me on the basis of satisfactoryevidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that his/her/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. ar Public in an for said State (This area for official notarial seal) GINO PANZARELLA CommbWn # 1396066 • Notary POW - Calitornla OKWW County My Comm. b Pk a Jan 26, 2007 F:\WP51\GILBERT\AG\J0HNS0N-110 VIA XANTHE-EPN2003-0138 LI.DOC 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California T�� County of 0 ss. On (9, � 031, before me, �✓� X+^ 3", , l) O" P�4 Date NaLk and Title of Officer (e.g., "Jane Doe, Nota ublic") personally appeared CNV --an L 1\, a 4- L&A)0 Name(s) of Signer(s) Cr i HY FISHER L'omrnission # 1341009 z mai Notary Public - Califomia i Grange County ASN Certxn. Expires Feb 21, 2006 'Vpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the persor s@ whose namE is/ re subscribed to the within instrument and acknowledged to me that he/she/(Rexecuted the sam in his/her their author ed capacity(e and that y his/he their signatur son the instrument the perso s or the entity upon behalf of which the perso (s acted, executed the instrument. W ESS my hand and official seal. Place Notary Seal Aboveign lure 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 ocument Title or Type of Document: Gr'c G Document Date: 9 - 19 - c) --,) 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: Up-) a OJ 3 _U 13 RIGHT THUMBPRINT OF SIGNER .. of thumb here © 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 A us Ir zNL 141,. �t�dM3p�s - do-Nv1s � �n V