HomeMy WebLinkAboutC-6504 - Encroachment Agreement EPN N2003-092 for 519 Santa Ana AvenueRecorded in Official Records, County of Orange
Tom Daly, Clerk -Recorder
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ENCROACHMENT AGREEMENT
(EPN2003-0092)
'} THIS AGREEMENT is made and entered into this ,34) day of
lei Q�� , 2003, by and between Richard C. Browne II (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 519 Santa
Ana Avenue, Newport Beach, California and legally described as Lot 20, Block 31, First
Addition to 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 Santa Ana Avenue right-of-
way (hereinafter "RIGHT-OF-WAY") that is located adjacent to Lot 20, Block 31, First
Addition to 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 519 Santa Ana Avenue, 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
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RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
Public Works Department
City of Newport Beach
Post Office Box 1768
V
3300 Newport Boulevard
Newport Beach, CA 92659-1768
Recorded in Official Records, County of Orange
Tom Daly, Clerk -Recorder
IIIII III IIIII IIIII II I II II IIIII III I VIII VIII VIII VIII IIIII 2a.aa
2003001480772 08:18am 12115/03
212 96 Al2 8
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Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
(EPN2003-0092)
'} THIS AGREEMENT is made and entered into this ,34) day of
lei Q�� , 2003, by and between Richard C. Browne II (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 519 Santa
Ana Avenue, Newport Beach, California and legally described as Lot 20, Block 31, First
Addition to 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 Santa Ana Avenue right-of-
way (hereinafter "RIGHT-OF-WAY") that is located adjacent to Lot 20, Block 31, First
Addition to 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 519 Santa Ana Avenue, 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
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WHEREAS; the part hereto desire to execute an agre ent 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
concrete paver carriage walkway, mailbox, landscaping, and appurtenances in the Santa Ana
Avenue 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. However, nothing herein shall be construed to require OWNER to maintain, replace
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or repair any CITY -owned )eline, conduit or cable located ii 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 cornmenced with respect to
any term of condition of this Agreement, the prevailing party shall be entitled to reasonable
attorneys 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.
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: USM,
City Clerk
CITY OF NEWPORT BEACH,
a Municipal corporation
By:
Manager
OWNER:
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By:q 1 Richard C. Browne II
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STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On / 30 , 2003, before me, G 5:1r xj4ti koyi G personally
appeared R I'C k a rai e • ,8 rro w h /e_ = e (or
proved to me on the basis of satisfactory evidence) to be the personw whose name(81 Woe
subscribed to the within instrument and acknowledged to me that e9 e94 q executed the
same in(Q- authorized capacityfies), and that by(SK-signaturekK) on the
instrument the personal or the entity upon behalf of which the persons(,s'j acted, executed the
instrument.
WITNESS my nd and official seal.
Notary Public in and for said State
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
ANDRAYA STAMENKOVIC
CD
344
U _ NOTARY
111 = ORANGE COUNTY W
My Term Exp. Sept. 17, 2006
(This area for official notarial seal)
On , 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\AG\BR0WNE-519 SANTA ANA AVE-EPN2003-0092NH
(This area for official notarial seal)
5
Browne Residence
519 Santa Ana Avenue
Newport Beach, CA 92663
19 March 2003
Proposed Private Encroachments
Permit Application
14'- 0" setback
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Public Right-ofApy
22'- 0" I
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1 � Site Plan Excerpt -Front Yard with Public Right -of -Way and Proposed Encroachments
SALAZAR DAVIS
Architects
325 West 38th Street
Suite 1405
New York, NY 10018
T 212.244.9375
F 212.244.9376
Existing power pole
Existing 20" Japanese
black pine to remain
Existing parkway trees
(ficus benjamina) to
remain
New galvanized steel
mailbox, 7" x 20" x 11" on
ptd. 44" wood post
TOC Elevation: 90.96'
New 12"x12"and 12"x
24" x 2" th. precast
concrete pavers set in 1
1/4" th. mortar bed on 4" th.
reinforced concrete slab
over 6" compacted gravel
and 8" compacted soil at
walkway
New 6" Japanese black
pine.
Existing Windmill palm to
remain
Curb and gutter
- New 4" curb drain
- Street light and concrete pad
to remain
- Existing parkway trees
(ficus benjamina) to
remain
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CITY CLERK'S ACKNOWLEDGMENT
State of California
County of Orange
On -a)e-c-e.�r\b f, -3 , 2003, before me, LAVONNE M. HARKLESS,
CITY CLERK OF THE CITY OF NEWPORT BEACH, personally appeared
SI-Af0�\ Wf,(--)d , personally known to me to be the
person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity,
and that by his signature on the instrument, the person, or the entity upon
behalf of which the person acted, executed the instrument.
Dated this -3r - day of -1) cc -e Abe v -
CAPACITY OF SIGNER
Municipal Corporation Officer
.Ac-) i /4 nor ' r
SIGNER IS REPRESENTING:
City of Newport Beach
2003.
WITNESS my hand and official seal.
r °do-�M,
LAVONNE M. HARKLESS, CITY CLERK
CITY OF NEWPORT BEACH, CALIFORNIA
DESCRIPTION OF ATTACHED
DOCUMENT: /nl
# of Pages
I
Document Date: /� -0 -D
Signer(s) other than named:
IC hat -j c , ierCu)n le- 0