HomeMy WebLinkAboutC-6519 - Encroachment Agreement EPN N2004-412 for 217 Via QuitoRecorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
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ENCROACHMENT AGREEMENT �C.,
(EPN2004-0412) cb
THIS AGREEMENT is made and entered into this Qa14 day of
-N(50C M 6 V , 2004, by and between Robert L. Bass (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 217 Via Quito, Newport Beach,
California, 92663 and legally described as Lot 125 and the SWLY 20 FT of Lot 124, of Tract
907, as shown on a map recorded in Book 28, Pages 25 through 36, 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 Via Quito right-of-way and the Strada
Palermo right -of way (hereinafter "RIGHT-OF-WAY") that is located adjacent to Lot 125 and
the SWLY 20 FT of Lot 124 of Tract 907 as shown on a map recorded in Book 28, Pages 25
through 36, inclusively, of Miscellaneous Maps in the office of the County Recorder of Orange
County, California; also known as 217 Via Quito, Newport Beach, California, 92663 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
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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 Records, Orange County
Tom Daly, Clerk -Recorder
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Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT �C.,
(EPN2004-0412) cb
THIS AGREEMENT is made and entered into this Qa14 day of
-N(50C M 6 V , 2004, by and between Robert L. Bass (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 217 Via Quito, Newport Beach,
California, 92663 and legally described as Lot 125 and the SWLY 20 FT of Lot 124, of Tract
907, as shown on a map recorded in Book 28, Pages 25 through 36, 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 Via Quito right-of-way and the Strada
Palermo right -of way (hereinafter "RIGHT-OF-WAY") that is located adjacent to Lot 125 and
the SWLY 20 FT of Lot 124 of Tract 907 as shown on a map recorded in Book 28, Pages 25
through 36, inclusively, of Miscellaneous Maps in the office of the County Recorder of Orange
County, California; also known as 217 Via Quito, Newport Beach, California, 92663 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
1
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
17.5 foot wide Drive Approach constructed with tan colored stone pavers set in concrete
formed to meet Newport Beach Std -164-L for Residential Drive Approach Type 3, a 14 inch
high planter box 18 feet long and extending 18 inches into the 4 foot wide Public Utility
Easement and appurtenances adjacent to Via Quito right-of-way, and a stucco wall 30 inches
high and appurtenances in the Strada Palermo right -of way, as shown on EXHIBIT "A"
attached hereto and as approved by the Public Works Department. In addition, if any of the
PERMITTED IMPROVEMENTS actually built or installed during the time of construction 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
therefore on file in the CITY's Public Works Department, and as described on Exhibit "A"
hereto attached.
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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
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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:
B:
db-,��ffl , \,/ [ - &
City Clerk
CITY OF NEWPORT BEACH,
a Municipal corporation
By: ,& .
Cit Manager
OWNER:
By:
Robert L. Bass
4
STATE OF CALIFORNIA)
R \ v ERS I ,ss:
COUNTY OF ORA+46E )
On � O ` k"� , 2004, before me, 1 t, L • W��
personally appeared Rom `t L-• SSS
personally known to mer /p� +�.►„e enn tha h^cie of gaelsfa e^cr�^yi-de ) to be the
person(, whose name is t—subscribed to the within instrument and acknowledged to me
that e sT tf*i has executed the same i is >ltl -authorized capacity(i�4, and that by
Is /tt}
signatureotl on the instrument the person(Qor the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.���� DEBBIE L. WOODCommission # 1341769 Z
Z ..o Notary Public - Califomia i
Riverside County
My Comm. Expims Feb 28, 2006
Notary Public in ar said State
(This area for official notarial seal)
STATE OF CALIFORNIA)
) ss:
COUNTY ORANGE )
On \ , 2004, before me
personally appeared
personally known to me (o roved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are ubscribed to the within instrument and acknowledged to me
that he/she/they has executed the s e in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrumen he 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 officiallhQtarial seal)
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A
CITY CLERK'S ACKNOWLEDGMENT
State of California
County of Orange
On November 22 , 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 22nd day of November
CAPACITY OF SIGNER
Municipal Corporation Officer
City Manager
SIGNER IS REPRESENTING:
City of Newport Beach
2004.
WITNESS my hand and official seal.
U
LAVONNE M. HARKLESS, CITY CLERK
CITY OF NEWPORT BEACH, CALIFORNIA
DESCRIPTION OF ATTACHED
DOCUMENT:
Encroachment Aareement
EPN2004-0412
# of Pages 8
Document Date: 11/22/2004
Signer(s) other than named:
Robert L. Bass
Robin Clauson