HomeMy WebLinkAboutC-6538 - Encroachment Agreement EPN N2000-313 for 3329 Ocean BlvdRecorded in Official Records, County of Orange
Gary Granville, Clerk -Recorder
1111111 IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII NO FEE
20010160464 02:32pm 03/20101
109 73 Al2 10
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Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
(EPN2000-313)
THIS AGREEMENT is made and entered into this -6- day of�
2001, by and between George McNamee and Sharlee McNamee; 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 3329 Ocean Blvd., Newport
Beach, California and legally described as Lot 3, Tract 1257 as shown on a map recorded in
Book 38, Page 25 inclusively of Miscellaneous Maps in the office of the County Recorder of
Orange County, California;
WITNESSETH:
WHEREAS, OWNER desires to construct and maintain certain non-standard
improvements (hereinafter "PERMITTED IMPROVEMENTS") within 3329 Ocean Blvd. right-
of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to 3329 Ocean Blvd., Newport
Beach, California and legally described as Lot 3, Tract 1257 as shown on a map recorded in
Book 38, Page 25 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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RECORDING REQUESTEE ND
WHEN RECORDED RETURN TO:
to
Public Works Department
City of Newport Beach
I
Post Office Box 1768
V
3300 Newport Boulevard
Newport Beach, CA 92659-1768
Recorded in Official Records, County of Orange
Gary Granville, Clerk -Recorder
1111111 IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII NO FEE
20010160464 02:32pm 03/20101
109 73 Al2 10
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
(EPN2000-313)
THIS AGREEMENT is made and entered into this -6- day of�
2001, by and between George McNamee and Sharlee McNamee; 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 3329 Ocean Blvd., Newport
Beach, California and legally described as Lot 3, Tract 1257 as shown on a map recorded in
Book 38, Page 25 inclusively of Miscellaneous Maps in the office of the County Recorder of
Orange County, California;
WITNESSETH:
WHEREAS, OWNER desires to construct and maintain certain non-standard
improvements (hereinafter "PERMITTED IMPROVEMENTS") within 3329 Ocean Blvd. right-
of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to 3329 Ocean Blvd., Newport
Beach, California and legally described as Lot 3, Tract 1257 as shown on a map recorded in
Book 38, Page 25 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;
11
NOW, THEREFORE, consideration of the mutual promi_ s, the parties hereto agree
as follows:
1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as the
planting of three box shrubs, slope landscaping, retaining wall, irrigation system, and
appurtenances in Ocean Blvd. right -of -away as shown on pages 1, 2, 3, and 4 of EXHIBIT "A"
attached hereto and as approved by the City Engineer. New and existing plant materials to be
maintained at a height not to exceed eight (8) feet above the current grade and no higher than
the top of curb/top of roof line so that no landscaping shall obstruct blue water ocean view to
the adjacent residents, residents across Ocean Boulevard (Northerly of Ocean Boulevard),
and residents/non-residents along the street/sidewalk of Ocean Boulevard. 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. In addition, no landscaping shall obstruct blue water ocean view to the adjacent
residents, residents across Ocean Boulevard (Northerly of Ocean Boulevard), and
residents/non-residents along the street/sidewalk of Ocean Boulevard. However, nothing
herein shall be construed to require OWNER to maintain, replace or repair any private -owned
E
or CITY -owned pipeline, „onduit or cable located in or ander 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.
d. That should the 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. Cost of
removal shall be at owner's expense. 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, 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
3
or suit arising from or in any manner connected with the u,�sign, construction, repair,
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:
:J
CITY OF NEWPORT BEACH,
a Municipal corporation
ATTEST:
OWNER:
� I of
City Clerk
T �
0
By: .
City Mana6er
By: z 42et, 7 /i1---
STATE OF CALIFORNIA )
)ss -
COUNTY
ss:COUNTY OF ORANGE )
On March 5
2001, before me, Milagros C. Lugo, Notary Public
personally appeared George M. McNamee
known to me )
whose
personally
to be the person{sj
namer&) 1s/,a;e subscribed to the within instrument and acknowledged to me that
heiGheAhe has executed the same in his'",^,,4the4 authorized capacity(4&), and that by
his signature(&) on the instrument the person(4or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
MILAGROS C. UKiO
C011"I bn i 1251513,
Notary mft - ccon 1r0
Notary Pub 1 in and for sai State b 14bCarrmB0wrsb21.=4
(This area for official notarial seal)
STATE OF CALIFORNIA
) ss:
COUNTY OF ORANGE )
On March 5 2001, before me, Milagros C. Lugo, Notary Public
personally appeared Sharlee McNamee , personally
known to me ( to be the person(4s4
whose nameH isMre subscribed to the within instrument and acknowledged to me that
#e/sheA" has executed the same in 4is/her/#heir authorized capacity0es}, and that by
4ra6/herA4eir signature* on the instrument the persor?*or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
1 � a-q,(tMC? \U-00
Notary Public 4 and for said 175*
(This area for official notarial seal)
MILAGROS C. LUDO
CommWon 01251513
Nolay PWk - Cdkmo
cmrw County
%v0jC0Mm.B0=Fieb21.=4,j
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STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
le—
On 2001, before me,-LaA,,A
personally appeared _L J v1At- \J L6 (W4;ersonall
known to m6e,, to be the perso (s)
whose i are subscribed to the within i 'rum' and acknowled ed to me that
he/she the has executed the same in his/her their authorized ca acit ies and that b
p ) Y
his/her t eir ignatur (s) n the instrument the perso (s r the entity upon be alf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
a4" : "-e14—
Notary
Public nd for said State
(This area for official notarial seal)
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
CATHY FIR
Commission # 11743291Z
Z Notary Public - California
Z Orange County
MyComm. rimes Feb 21, 2002
On 2001, 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 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.
Notary Public in and for said State
(This area for official notarial seal)
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