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HomeMy WebLinkAboutC-6577 - Encroachment Agreement EPN N2003-380 for 1900 Port Carlow PlaceF_ RECORDING REQUESTED AND II-" WHEN RECORDED RETURN TO: Public Works Department City of Newport Beach ( Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92659-1768 Recorded in Official R,ords, County of Orange Tom Daly, Clerk -Recorder IIII!i!!!li ����� ilei I'I ill!! IN!I ll'li ll�!I Ilil 11 11 ! l �' I. N� FEE 200400009036109:11 am 02/05/04 117 92 Al2 11 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 THIS AGREEMENT is made and entered into this day of 200y by and between Robert Attyah, President (Authorized Signature) on behalf of the f ewport Hills Community Association, (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 1900 Port Carlow Place, Newport Beach, California and legally described as Parcel "B' of Parcel Map of Resubdivision No.299, as shown on a map recorded in Book 35, Page 9 inclusively of Parcel Maps in the office of the County Recorder of Orange County, California; WITNESSETH: WHEREAS, OWNER desires to construct certain improvements, (hereinafter "PERMITTED IMPROVEMENTS") located within the City property (also known as Buffalo Hills Park) Parcel "A" (hereinafter "RIGHT-OF-WAY") that is located adjacent to 1900 Port Carlow Place, Newport Beach, California and legally described as Parcel "A" of Parcel Map of Resubdivision No.299, as shown on a map recorded in Book 35, Page 9 inclusively of Parcel 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; 1 -3 V11, 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 landscape improvements, irrigation, drainage improvements, concrete stairway, concrete landing, and appurtenances within City property (also known as Buffalo Hills Park) Parcel "A" "RIGHT-OF-WAY" as shown on EXHIBIT "A" attached hereto and as approved by the City Engineer. Any decorative lighting and electricity shall be low voltage. 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, the OWNER shall pay the cost of electricity for both the decorative lighting and the irrigation controller. The OWNER shall maintain all non-standard improvements, landscaping, drainage improvements, and irrigation. 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. 2 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 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 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. 3 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: City Attorney ATTEST: BY ��yy� ' (� / I ' Vic City Clerk 1r-4� CITY OF NEWPORT BEACH, a Municipal corporation By: _ 54L 'e, z City Ma ger OWNER: Newport Hills Community Association By: Robert Attyah, President Authorized Signature STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE ) On DfrvQ � �� 3, before me, OWNni T''1G��-�Ne ^'fpr'` QUB�IL personally appeared �` k»cn-te- (or proved to me on the basis of satisfactory evidence) to be the person(4) whose name,) is/2ro subscribed to the within instrument and acknowledged to me that he/saey has executed the same in his/fir authorized capacity(ta,), and that by his/heir 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. for said State (This area for official notarial seal) DENNIS MARTINEZ Commission #-1414008 wi Notary PublIc - CagfornIq Orange County My Come• E0es May 24, 2007 STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE ) On 2003, 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) F:\USERS\PBW\GWONG\WP51WG\NEWPORT HILLS COMMUNITY ASSOC IATION-2003.DOC rqm ,S Von= Tm" / I. EXISTING SIDEWALK - PROTECT IN PLACE 2. EX -INC POOL DECK - PROTECT IN PLACE 3. EXISTING TRASH BIN RAMP - PROTECT IN PL/ -,,CE Iq 4. EXISTING CURB AND GUTTER - PROTECT IN PLACE 5. EXISTING WALL AND FENCE - PROTECT IN PLACE 6. EXISTING WROUGHT IRON FENCE - REPAIR ANY DEFECTS AND PAINT WITH I GOAT OF PRIMER AND TWO GOATS OF PAINT. PAINT COLOR TO BE APPROVED BY LANDSCAPE ARCHITECT 1. EXISTING MASONRY PILASTERS - RE -PLASTER TO MATCH COLOR AND TEXTURE, PROTECT IN PLACE EXISTING GAP. D. EXISTING TURF - MODIFY AS NECESSARY TO ACCOMMODATE NEW CONSTRUCTION. CONTRACTOR SHALL BE RESPONSIBLE TO MODIFY EXISTING IRRIGATION SYSTEMS TO PROVIDE IOOY GOVERAGE. CONTRACTOR SHALL CONTACT CITY OF NEWPORT BEACH PARKS DEPARTMENT TO COORDINATE ANY MODIFICATIONS PRIOR TO ANY DEMOLITION OR -6" HIGH CONSTRUCTION. 'ASONRY PILASTER L iYMBOL TYPICAL) L-1.2 `I• EXISTING TREE -PROTECT IN PLACE` 10. ARCHITECTURAL COLOMN - REFER TO ARCHITEGT'S PLANS. II. REFER TO CIVIL ENGINEER'S PLANS FOR ALL GRADING AND DRAINAGE INFORMATION. CONSTRUCT ALL HARDSGAPE SWALES ACCORDING TO ELEVATIONS SHOWN ON CIVIL ENGINEER'S PLANS. 12. INSTALL DECK DRAIN PER CIVIL ENGINEER'S PLANS E 13. NEW GRAY CONCRETE SIDEWALKS TO MATCH L-1.2 EXISTING. SUB -BASE, PRE -SATURATION, STEEL RE-ENFORGING, EXPANSION JOINTS,GONGRETE THICKNESS AND INFORMATION PERTAINING TO CONCRETE INSTALLATION PER CIVIL ENGINEER'S PLANS. 14. COLORED CONCRETE PAVING. FINISH, COLOR AND JOINTS TO MATCH EXISTING. SUB -BASE, PRE -SATURATION, STEEL RE-ENFORGING, EXPANSION JOINTS, CONCRETE THICKNESS AND INFORMATION PERTAINING TO CONCRETE INSTALLATION PER CIVIL ENGINEER'S PLANS. 15. NATURAL COLOR CONCRETE PAVING. SUB -BASE, PRE -SATURATION, STEEL RE-ENFORGING, EXPANSION JOINTS,GONGRETE THICKNESS AND INFORMATION PERTAINING TO CONCRETE INSTALLATION PER CIVIL ENGINEER'S PLANS. 16. COLORED, ACID WASH FINISH CONCRETE PAVING. TOOLED SCORE LINES g 4'-0" O.G. SET AT 45 DEG.. SUB -BASE, PRE -SATURATION, STEEL RE-ENFORGING, EXPANSION JOINTS,GONGRETE THICKNESS AND INFORMATION PERTAINING TO CONCRETE INSTALLATION PER CIVIL ENGINEER'S PLANS. I-7. INSTALL "GRASS ROADS", PLASTIC PAVERS AND SUB -BASE PER MANUFACTURER'S RECOMMENDATIONS. I8. LANDSCAPE AREA TO BE MAINTAINED BY NHCA. Iq. LANDSCAPE AREA TO BE MAINTAINED BY CITY OF NEWPORT BEACH PARKS DEPARTMENT. t: 20. HANDICAP RAMP PER CIVIL ENGINEERS PLANS. OM r\ i Date: 08/ Drawn: Project 03 No.: Sheet No: L—i 0 "V3 $3998 JaGaA 1 mod"m And..... ...-...—.-,.�...r;�....... ...... Nd Nfi7d:�JYBiij 8S!]U)i91d73 St7IH dBDd&8N ... nV SIU INDJUNs cu�,gw I to U. 0 41 H H pq H s aA is mss® �.� « • s �: CITY CLERK'S ACKNOWLEDGMENT State of California County of Orange On u�� c� c �� , 2004, before me, LAVONNE M. HARKLESS, CITY CLERK OF THE ITY OF NEWPORT BEACH, personally appeared 9©'('\e(— L- ���(a , 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 ae \day of .�Z q r\v a f4- 2004. CAPACITY OF SIGNER Municipal Corporation Officer 0"l�'-e ngc✓ t SIGNER IS REPRESENTING: City of Newport Beach WITNESS my hand and official seal. LAVONNE M. HARKLESS, CITY CLERK CITY OF NEWPORT BEACH, CALIFORNIA DESCRIPTION OF ATTACHED DOCUMENT: C ;-oa c� m rA c e eem 1 # of Pages Document Date: Signer(s) other than named: