HomeMy WebLinkAboutC-6563 - Encroachment Agreement EPN N2004-285 for 419 Goldenrod AvenueRecorded in official K_-ords, Orange County
Tom Daly, Clerk -Recorder
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ENCROACHMENT AGREEMENT
(EPN2004-0285)
THIS AGREEMENT is made and entered into this 9 ►b1 day of
A[ K4( 2004, by and between Elizabeth A. Aguerre, Trustee of The Elizabeth A.
Aguerre 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 419 Goldenrod Ave, Corona Del Mar, California, 92625 and legally described as Lot
19, Block 333 of Map of Corona Del Mar, as shown on a map recorded in Book 3, Pages 41
through 42, 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 First Street and Goldenrod Avenue
rights-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to Lot 19, Block 333 of
The Map of Corona Del Mar as shown on a map recorded in Book 3, Pages 41 through 42,
inclusively, of Miscellaneous Maps in the office of the County Recorder of Orange County,
California; also known as 419 Goldenrod Ave, Corona Del Mar, California, 92625 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
RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
U
Public Works Department
City of Newport Beach
Post Office Box 1768
Newport Beach, CA 92659-1768
Recorded in official K_-ords, Orange County
Tom Daly, Clerk -Recorder
(IIIII illlllll'� il!il I!I!I lil!I IIIIIIII!I!lil! il!II IV!I Illli IIIII►IIIIIii 24.00
2004000783691 10:39am 08130104
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Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
(EPN2004-0285)
THIS AGREEMENT is made and entered into this 9 ►b1 day of
A[ K4( 2004, by and between Elizabeth A. Aguerre, Trustee of The Elizabeth A.
Aguerre 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 419 Goldenrod Ave, Corona Del Mar, California, 92625 and legally described as Lot
19, Block 333 of Map of Corona Del Mar, as shown on a map recorded in Book 3, Pages 41
through 42, 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 First Street and Goldenrod Avenue
rights-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to Lot 19, Block 333 of
The Map of Corona Del Mar as shown on a map recorded in Book 3, Pages 41 through 42,
inclusively, of Miscellaneous Maps in the office of the County Recorder of Orange County,
California; also known as 419 Goldenrod Ave, Corona Del Mar, California, 92625 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
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
landscaping as shown on Exhibit "A" and an existing 5' by 8' area paved with brick, and
appurtenances in the First Street and Goldenrod Avenue rights-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 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
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.
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:
City Attorney
ATTEST:
City Clerk
CITY OF NEWPORT BEACH,
a Municipal corporation
By:
City V6nager
A
By:
Eliz beth A. Aguer e, Trustee
STATE OF CALIFORNIA)
) ss:
COUNTY OF ORANGE )
On 8 - 3 , 2004, before me,
personally appeared
v
(or proved to me on the basis of satisfactory evidence)
to be the person(s� whose name(4is aFe subscribed to the within instrument and
acknowledged to me that he she fiTey has executed the same in er heir authorized
capacity(ies-), and that by hi JEOthsir signature(g) on the instrument the person(6) or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal. MARY E. BUTTS
COMM. #1358345 It
�jNOTARY PUBLIC • CALIFORNIA
CAONMy
ORANGE COUNTY
CoC
vv em. Expires Jun. 23, 2008
Notary P and for said State
STATE OF CALIFORNIA)
) ss:
COUNTY OF ORANGE )
On
2004, before me
personally appeared
personally kn
to be the person(s) whose
acknowledged to me that he/sh
(This area for official notarial seal)
me (or proved to me on the basis of satisfactory evidence)
:pe(s) is/are subscribed to the within instrument and
capacity(ies), and that by his/her/their
entity upon behalf of which the person
WITNESS my hand and official seal.
Notary Public in and for said State
2004-0285 419 Goldenrod Ave (Aguerre).doc
has executed the same in his/her/their authorized
nature(s) on the instrument the person(s) or the
executed the instrument.
(This area fo)`official notarial seal)
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CITY CLERK'S ACKNOWLEDGMENT
State of California
County of Orange
On _ ai ql w s t 5 , 2004, before me, LAVONNE M. HARKLESS,
CITY CL RK OF THE CITY OF NEWPORT BEACH, personally appeared
�m 'r L. �E�Zwq c( 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 S",
day of 4u qa s 2004.
WITNESS my hand and official seal.
CAPACITY OF SIGNER
Municipal Corporation Officer
SIGNER IS REPRESENTING:
City of Newport Beach
LAVONNE M. HARKLESS, CITY CLERK
CITY OF NEWPORT BEACH, CALIFORNIA
DESCRIPTION OF ATTACHED
DOCUMENT.:
# of Pages
Document Date:
Signer(s) other than named: