HomeMy WebLinkAboutC-6536 - Encroachment Agreement EPN N2001-046 for 700 Avocado AvenueRecorded in Officia, Records, County of Orange
Gary Granville, Clerk -Recorder
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ENCROACHMENT AGREEtiIENT
(EPN2001-046)
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THIS AGREEMENT is made and entered into this , (';i �; day
of I
�,�.�.� 2001, by and between Sandra McNeill (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 700 Avocado Avenue, Newport Beach,
California and legally described as Lot 12, Block 682 of the Corona del Mar Tract as shown on
a map recorded in Book 3, Pages 41 - 42 inclusively of Miscellaneous Maps in the office of the
County Recorder of Orange County, California;
WITNESSETH:
WHERE—AS, OWNER desires to construcr. and maintain certain non-standard
improvements (hereinafter "PERMITTED IMPROVEMENTS") within Fourth Street right-of-way,
and Avocado Avenue right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to
700 Avocado Avenue, Newport Beach, California and legally described as Lot 12, Block 682 of
the Corona del Mar Tract, as shown on a map recorded in Book 3, Pages 41 - 42 inclusively of
Miscellaneous Maps in the office of the County Recorder of Orange Count!, 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 CIT`! to permit OWNER, to reconstruct and maintain sai'
PERMITTED IMPROVEMENTS,
1
RECORDING REQUESTFO AND
WHEN RECORDED RET. ,N TO:
Public Works Department
Ln
City of Newport Beach
Post Office Box 1768
I
3300 Newport Boulevard
Newport Beach, CA 92659-1768
Recorded in Officia, Records, County of Orange
Gary Granville, Clerk -Recorder
11111111111111111111111111111111111111111111111111111111116.00
20010143115 01:53pm 03113101
109 73 Al2 6
0.00 0.00 0.00 0.00 10.00 0.00 0.00 0.00
Space above this line for Recorder's use only.
ENCROACHMENT AGREEtiIENT
(EPN2001-046)
I�vf
THIS AGREEMENT is made and entered into this , (';i �; day
of I
�,�.�.� 2001, by and between Sandra McNeill (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 700 Avocado Avenue, Newport Beach,
California and legally described as Lot 12, Block 682 of the Corona del Mar Tract as shown on
a map recorded in Book 3, Pages 41 - 42 inclusively of Miscellaneous Maps in the office of the
County Recorder of Orange County, California;
WITNESSETH:
WHERE—AS, OWNER desires to construcr. and maintain certain non-standard
improvements (hereinafter "PERMITTED IMPROVEMENTS") within Fourth Street right-of-way,
and Avocado Avenue right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to
700 Avocado Avenue, Newport Beach, California and legally described as Lot 12, Block 682 of
the Corona del Mar Tract, as shown on a map recorded in Book 3, Pages 41 - 42 inclusively of
Miscellaneous Maps in the office of the County Recorder of Orange Count!, 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 CIT`! to permit OWNER, to reconstruct and maintain sai'
PERMITTED IMPROVEMENTS,
1
NOW, THEREFORE, , consideration of the mutual prom_ ,s, the parties hereto agree
as follows:
1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as a 6'
high redwood fence built ontop of an existing 2' high wall, trellis structure, brick pavers and
appurtenances in Fourth Avenue right -of -away, and an existing wall and appurtenances in
Avocado 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 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 sho A the CITY be required to enter c. .o 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 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.
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IN WITNESS WHEN _OF, the parties hereto have ca. _ad this Agreement to be
executed on the day and year first -above written.
CITY OF NEWPORT BEACH,
a Municipal corporation
APPROVED AS TO FORM:
6By: By; yzo'� .
City Attorney rCity Ma ager
ATTEST:
1419
City Clerk
OWNER:
F NE1K•
O �.Q By:
Sandra McNeill
RNI^
I
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On Ec? Y u a ru 26 , 2001, before me, o ve
personally appeared I S�>atn.6lra YA- M N`� , per onally
known to me (or roved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/ subscribed to the within instrument and acknowledged to me that
she has executed the same in her t4eir authorized capacity(ies), and that by
her ' 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. D. OVERBY
IIr---comm. #1195005
t l*My
NOTARY PUBLIC - CALIFORNIAORANGE COUNTY
Comm. Expires Aug. 30, 2002
-
Notary Public in and for said St e
(This area for official notarial seal)
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On 9"1,lvl- b2001, before me, Ulklk1 V . WES
personally appeared ! Ow y— L, y3lm )MnM- Z s , personall
known to me or pr ed to me on the basis of satisfactory evidence) to be the perso (s
whose nam (s i��c`uted
he' subscribed to the within i ument and acknowle ed to me that
he/she/ has the same in his/her authorized capacity, and that by
his/h/th r signatur (s on the instrument the perso (s) or the entity upon behalf of which the
person acted, execute the instrument.
WITNESS my hand and official seal.-=�
(This area for official notarial seal)
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_ LULANI V. INES
Commissioner
``�' 1�a; 1170960
� l -at4 � z
z a; r No'cry P,;olic - Californiq
O-wae County
My C .m. moires Jon 25,2W2
Notary Public in and for said State
(This area for official notarial seal)
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