HomeMy WebLinkAboutC-6541 - Encroachment Agreement EPN N2001-089 for 510 Kings RoadRECORDING REQUESTEE .ND
WHEN RECORDED RETURN TO: Recorded in Official Records, County of Orange
r Gary Granville, Clerk -Recorder
Public Works Department 11111111111111111111111111111111111111111111111111111111116,00
City of Newport Beach 2001020214211:48am 04105/01
Post Office Box 1768 109 73 Al2 6
U 3300 Newport Boulevard 0.00 0.00 0.00 0.00 10.00 0.00 0.00 0.00
Newport Beach, CA 92659-1768
Space above this line for Recorder's use only. �/In
ENCROACHMENT AGREEMENT
(EPN2001-089)
THIS AGREEMENT is made and entered into this 3 TA/ day of Ma,
2001, by and between Lenna Tyler Kast; 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 510 Kings Road, Newport Beach, California and
legally described as Tract 1219, Block H, Lot 6 as shown on a map recorded in Book 38,
Pages 26 — 27 inclusively of Miscellaneous Maps in the office of the County Recorder of
Orange County, California; _-2A Q)
WITNESSETH:
WHEREAS, OWNER desires to construct and maintain certain non-standard
improvements (hereinafter "PERMITTED IMPROVEMENTS") within Kings Road right-of-way
(hereinafter "RIGHT-OF-WAY") that is located adjacent to 510 Kings Road, Newport Beach,
California and legally described as Tract 1219, Block H, Lot 6 as shown on a map recorded in
Book 38, Pages 26 — 27 inclusively of Miscellaneous Maps in the office of the County
Recorder of Orange County, California;
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;
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NOW, THEREFORE, .n consideration of the mutual prom, -as, the parties hereto agree
as follows:
1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as an
existing masonry wall on west side of driveway, proposed masonry wall on eastern property
line and appurtenances in Kings Road right -of -away as shown on EXHIBIT "A" attached
hereto and as approved by the City Engineer. Permitted improvements are not to exceed 3
feet in height and must maintain four feet of clearance from back of curb. 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 as 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
or repair any private -owned or CITY -owned pipeline, conduit or cable located in or under said
PERMITTED IMPROVEMENTS, except as otherwise provided herein.
c. If private -owned, 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.
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d. That shoved the CITY be required to enter u, to said RIGHT-OF-WAY to
exercise its primacy 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 commenced with respect to
any term of condition of this Agreement, the prevailing party shall be entitled to reasonable
attorneys fees and costs incurred.
5. 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 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.
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IN WITNESS WHEN EOF, 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:
By: By-
City Attorney City MqKager
ATTEST:
City Clerk
M
:3
STATE OF CALIFORNIA
) ss:
COUNTY OF ORANGE )
On MhW 11 , 2001, before me, 4' 1 w� Iy I L'W I NIZ
personally appeared ST , personally
known to me (or proved to e on the basis of satisfactory evidence) to be the person
whose name(�9/are subscribed to the within instrument and acknowledged to me thelt
h sh /they has executed the same in his/ er heir a thorized capacity-' and that by
his/ a their signature on the instrument the person or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
LEiLANI V. INES
°'" Commission - CaliforniaZ
)l U Z =�� No-ary Public -alifori�
Nota Public in and for said State `` orange County
Notary My Comm. Expires Jan 25,2002
(This area for official notarial seal)
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On hDlAf.(AA E5 , 2001, before me, LEII.Pr/Q) V. IIS
personally appeared .AOMI�IZ L- 8t MLA LAV()/Qrjt W personal)
knownected,
r proved to me on the basis of satisfactory evidence) to be the persor s
whoseis/ re subscribed to the within i rument and acknowled ed to me that
he/shexecuted the same in his/her/ hei uthorized capacit les and that by
his/hesignature s)bn the instrument the perso s) r the entity upon behalf of which the
persoecuted the instrument.
WITNESS my hand and official seal. }�.._: ��^
i LEILANI V. INES
Commission # 1170460
C�� \ zNo'ary Public California
Orcnge County
Notary Public in and for said State My Ccrnm. Expires Jan 25,2002
— — — — f
(This area for official notarial seal)
MIS -1 \SYS\Users\PBW\PArciniega\EP's\EP-2001 \agmt-EP01-089Kast-CH.doc
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CITY ❑F NEWPORT BEACH EXHIBIT rfA l
PUBLIC WDl
OF RKS DEPARTMENT I
SKETCH FOR ENCROACHMENT PERMIT NO. EP- N,700(-
LEGEND,
NZOOI-
LEGEND, 4EOtbA,1- A"ci_"
= TREE Job Address 25-I0 A�(A)6s A2.b. N, 't;`A6C
POWER POLE Owner Z"O'ks-
A= SEWER CLEANOUT
Telephone No. ($!`b)
0 = WATER METER BOX
KIr�L►S R
I
II I nuc. v„ r3
II �%NLl- UNC f7
II ( I
i�
I I _
L.._.._.._.._.._..
777777
Existing Curb and Gutter
�I
"c, P, A P j�a c. l
Gia, i=
Center line of street
Please
make a
sketch of the Immediate
vicinity showing all property lines, dimensions
street
names,
locatlon of trees, light
standards, fire hydrants, parking Meters or
other
existing
Improvements which might
be affected by the proposed encroachments.
(SEE
REVERSE SIDE)
Works
shall be
done according to City
Speciflcotions and Is subject to City inspection.