HomeMy WebLinkAboutC-6513 - Encroachment Agreement EPN N2004-459 for 222 Goldenrod AvenueRecorded in official Records, orange County
Tom Daly, Clerk -Recorder
1111 111 III II IIIIllillll Illi III 1111111111 11111111111111111111111124.00
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ENCROACHMENT AGREEMENT
(EPN2004-0459)
THIS AGREEMENT is made and entered into this _�13 day of
0 V? 61bw4--,"2004, by and between Michael J. Lamp, Trustee of the Michael J. Lamp
Trust, (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 222 Goldenrod Avenue, Corona Del Mar, California, 92625 and legally described as
Parcel 2 of Parcel Map in the City of Newport Beach, Resubdivision number 507, as shown on
a map recorded in Book 83, Pages 45 through 46, 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 Goldenrod Avenue right-of-way
(hereinafter "RIGHT-OF-WAY") that is located adjacent Parcel 2 of Parcel Map in the City of
Newport Beach, Resubdivision number 507, as shown on a map recorded in Book 83, Pages
45 through 46, inclusively, of Miscellaneous Maps in the office of the County Recorder of
Orange County, California; also known as 222 Goldenrod Avenue, Corona Del Mar, California,
92625 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
V�_
RECORDING REQUESTED AND
In
WHEN RECORDED RETURN TO:
Public Works Department
V
City of Newport Beach
Post Office Box 1768
Newport Beach, CA 92659-1768
Recorded in official Records, orange County
Tom Daly, Clerk -Recorder
1111 111 III II IIIIllillll Illi III 1111111111 11111111111111111111111124.00
2004001128763 08:18am 12121104
120 79 Al2 7
0.00 0.00 0.00 0.00 18.00 0.00 0.00 0.00
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
(EPN2004-0459)
THIS AGREEMENT is made and entered into this _�13 day of
0 V? 61bw4--,"2004, by and between Michael J. Lamp, Trustee of the Michael J. Lamp
Trust, (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 222 Goldenrod Avenue, Corona Del Mar, California, 92625 and legally described as
Parcel 2 of Parcel Map in the City of Newport Beach, Resubdivision number 507, as shown on
a map recorded in Book 83, Pages 45 through 46, 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 Goldenrod Avenue right-of-way
(hereinafter "RIGHT-OF-WAY") that is located adjacent Parcel 2 of Parcel Map in the City of
Newport Beach, Resubdivision number 507, as shown on a map recorded in Book 83, Pages
45 through 46, inclusively, of Miscellaneous Maps in the office of the County Recorder of
Orange County, California; also known as 222 Goldenrod Avenue, Corona Del Mar, California,
92625 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
V�_
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
Carriage walk 5 feet 6 inches wide, constructed of paving stones, a mow strip 12 inches wide,
constructed of paving stones, 36 inch high wall with two pilasters and appurtenances in the
Goldenrod Avenue 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.
b. OWNER shall maintain the PERMITTED IMPROVEMENTS in accordance
with general prevailing standards of maintenance, and pay all costs and expenses incurred in
2
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
any term of condition of this Agreement, the prevailing party shall be entitled to reasonable
attorneys fees and costs incurred.
3
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:
By (2;1City Clerk �� �•��`
CITY OF NEWPORT BEACH,
a Municipal corporation
B S� ,
By:
City anager
4
MichaelIX Lamp, Trustee
STATE OF CALIFORNIA)
) ss:
COUNTY OOCM�(
AF OR NGE )
On 9�J , 2004, before me,
personally appeared JRRI j -
ro F'a�/! iG
personally known to me (or proved to me on the basis°`of satisfactory evidence) to be the
1
personwhose name is bre subscribed to the_kin instrument and acknowledged to me
that �he)he/they has executed the same Pthe
her/their authorized capacit s), and that by
Chi)sher/their signatur s) on the instrumeriersol1 or the entity upon behalf of which the
person acted, executed the instrument.
LEILANI. BROWN
Commission 0 1336673 Z
WITNESS my hand and icial seal.
Z y Notary Public - California
Orange County
4 My Com, Fires Jan 25, 2006
Notary PujXc in and for said State
(This area for official notarial seal)
STATE OF CALIFORNIA)
) ss:
COUNTY OF ORANGE )
On 6*( 49-),2004, before me, � a�. I , kd*'�Noim pvto), L
personally appeared kAtJi� r l J,-- k
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person( whose name )(Ire subscribed to the within instrument and acknowledged to me
that hes a/they has executed the same i hisher/their authorized capacity), and that by
his ( her/their signatureon the instrument the person
K)'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
LEILANI I. BROWN
Commission # 1336673
Z �y Notary Public- California
Orange County
My Comm, Fires Jan 25, 2006
(This area for official notarial seal)
F:\USERS\PBW\Shared\ENCROACH\ROW Agreements\2004\2004-0459 222 Goldenrod Ave (Lamp).doc
5
12" TREAD'
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SEAT WALL
NEW STONE SEAT
- STONE TA5LE O +Ib" 118.00
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52x 15"
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REMOVE EXISTIN& WALL
GAP 4 REPLACE WITH NEW
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*** 510 OPTION. STUCCO ENTIRE
LOW P.L. WALL 4 OMIT CAP 4 RAILIN&
115.0(
PROJECT: 222 GOLDENROD, GdM SCALE: I/8"=1'
DRAWIN6:5ITE PLAN DATE: 11.18.04
N2004- 0451 v
CITY CLERK'S ACKNOWLEDGMENT
State of California
County of Orange
On December 2 , 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 2nd day of December
CAPACITY OF SIGNER
Municipal Corporation Officer
City Manager
SIGNER IS REPRESENTING:
2004.
WITNESS my hand and official seal.
LAVONNE M. HARKLESS, CITY CLERK
CITY OF NEWPORT BEACH, CALIFORNIA
DESCRIPTION OF ATTACHED
DOCUMENT:
Encroachment Agreement
EPN2004-0459
# of Pages 7
City of Newport Beach Document Date: 11/23/2004
Signer(s) other than named:
Michael J. Lamp
Robin Clauson