HomeMy WebLinkAboutC-6552 - Encroachment Agreement EPN N2004-331 for 506 Signal RoadRECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
Public Works Department
City of Newport Beach
V Post Office Box 1768
Newport Beach, CA 92659-1768
Recorded in Official Records, Orange County
Toni Daly, Clerk -Recorder
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ENCROACHMENT AGREEMENT
(EPN2004-0331)
THIS AGREEMENT SUPERCEDES ENCROACHMENT AGREEMENT EPN2004-0154
executed on June 3, 2004 and recorded on June 22, 2004 as OR 2004000564607 in the
Office of the County Recorder of Orange County, California. THIS AGREEMENT is made and
entered into this L4 day of o _14-e , 2004, by and between Joseph M.
Flanagan and Maura S. Flanagan, (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 506 Signal Road, Newport Beach, California, 92663 and
legally described as Lot 73, of Tract 1218, as shown on a map recorded in Book 37, Pages 47
through 49, 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 Signal Road right-of-way (hereinafter
"RIGHT-OF-WAY") that is located adjacent to Lot 73, of Tract 1218, as shown on a map
recorded in Book 37, Pages 47 through 49, inclusively, of Miscellaneous Maps in the office of
the County Recorder of Orange County, California; also known as 506 Signal Road, Newport
Beach, California, 92663 and
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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 a
17 -foot wide drive approach constructed using brick pavers, 8 -foot high wooden trellis with a
3 --foot high gate, a brick paved walkway, low landscaping, and appurtenances in the Signal
Road right-of-way as shown on EXHIBIT "A" attached hereto and as approved by the Public
Works Department. If the PERMITTED IMPROVEMENTS actually built or installed vary from
the PERMITTED IMPROVEMENTS approved herein, such variations or changes must be
approved in advance 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
2
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.
Cl
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: 6,/�
City Attorney
ATTEST:
CITY OF NEWPORT BEACH,
a Municipal corporation
By:
City anager
OWNER:
By �1 I ' i By:
City Clerk
4
SEP .FLANAGAN
MAURA S. FLANAGAN
STATE OF CALIFORNIA)
) ss:
COUNTY OF ORANGE )
On"t,- a9 , 2004, before me, tC.k: J ��^- �p
personally appeared �os-e r (� Lira Cpm,
personally known to me ( ce) to be the
person(,') whose name(A) is/,we subscribed to the within instrument and acknowledged to me
that he/s#e/hey has executed the same in his/fir authorized capacity(4,$), and that by
his'4e4#TR, 6ignature(s) on the instrument the person) 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
STATE OF CALIFORNIA)
� VIGOR. =1lNYr
cAmmWion N 14336630
N01MV C4111111101111111110
01&W COU*
1O.MYCOMLIBONSIP191R00
(This area for official notarial seal)
) ss:
COUNTY OF ORANGE )
On , 2004, before me, 1�(a7To
personally appeared v'(� Ca �0. CA -V\-
personally
1personally 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 has 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
person acted, executed the instrument.
WITNESS my hand and official seal.
0jrjA— (QJJC
Notary'Publ
in and for said State
r` '
(This area for official notarial seal)
F:\USERS\PBW\Shared\ENCROACH\ROW Agreements\2004\2004-0331 506 Signal RD (Flanagan).doc
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Exhibit A
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SHEET.
TITLE,
Encroachment Permit Sketch
JOB NO:
02-0773-001
Bryant Palmer Soto Inc.
Jac -1 K. Rryant ENaMHS9S / W Stanton PermARCKT�
PROJECT:
Flanagan Residence
Dwn. by:
STC
2ea D. &A I T-T-ce, CA
512 S . ignal Fd
Chkd. By:
Date:
2/23/04
MNewport
FAr (=) M-45-OVI
Beach, Ca
/ T "A
SHF_ 7- 1 6F2_
J T "A SHEET 2 OFZ
CITY CLERK'S ACKNOWLEDGMENT
State of California
County of Orange
On October 19 , 2004, before me, LAVONNE M. HARKLESS,
CITY CLERK OF THE CITY OF NEWPORT BEACH, personally appeared
Homer L. Bludau , 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 19th day of October
2004.
WITNESS my hand and official seal.
e„#as r LAVONNE M. HARKLESS CITY CLERK
Llf° CITY OF NEWPORT BEACH, CALIFORNIA
CAPACITY OF SIGNER
Municipal Corporation Officer
City Manager
SIGNER IS REPRESENTING:
City of Newport Beach
DESCRIPTION OF ATTACHED
DOCUMENT:
Encroachment Agreement
EPN2004-0331
# of Pages 8
Document Date: 10/19/2004
Signer(s) other than named:
Joseph M. and Maura S. Flanagan,
Robin Clauson