HomeMy WebLinkAboutC-6585 - Encroachment Agreement EPN N2004-157 for 618 Marguerite Avenue0
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RECORDING REQUESTED AND
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WHEN RECORDED RETURN TO:
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-Record,r
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Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
(EPN2004-0157)
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THIS AGREEMENT is made and entered into this day of
Jj PJ , 2004, by and between Kenneth W. Fuller, Steve E. Strickler and Clare T.
Strickler, (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 618 MARGUERITE AVENUE, Corona Del Mar, California, 92625 and legally
described as Lot 20, Block 639 of Corona Del Mar, as shown on a map recorded in Book 3,
Pages 41 through 42, 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 Marguerite Avenue right-of-way
(hereinafter "RIGHT-OF-WAY") that is located adjacent to Lot 20, Block 639 of Corona Del
Mar, as shown on a map recorded in Book 3, Pages 41 through 42, inclusively, of
Miscellaneous Maps in the office of the County Recorder of Orange County, California; also
known as 618 Marguerite 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
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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 wide south of a city street tree and 42 inches wide north of the city street
tree with a strip of concrete 3 feet wide adjacent to the city sidewalk connecting the two
carriage walks and appurtenances in the MARGUERITE AVENUE right-of-way as shown on
EXHIBIT "A" attached hereto and as approved by the Public Works Department. In addition,
the proposed PERMITTED IMPROVEMENTS may vary at the time of construction. Hence,
any changes must be approved 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
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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.
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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:
B l9xa+c�
City At rney
ATTEST:
y
City Clerk
CITY OF NEWPORT BEACH,
a Municipal corporation
By:
City anager
OWNER:
in
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Steve E. Strickler
Clare T. Strickler
9Y 5n°Ye- /47-7o,41V& y 1N Ft}c r
By: �.
Kenneth W. Fuller
STATE OF CALIFORNIA)
) ss:
COUNTY OF ORANGE )
On c 2004, before me,
personally appeared keak1(=Ul 1i)
p'e.rsonally-known to me -(or proved to me on the basis of satisfactory evidence) to be the
person(*'whose name(40a,rKsubscribed to the within instrument and acknowledged to me
that 6)sbs/ff� has executed the same in etrauthorized capacity(iX), and that by
(14signature on the instrument the person,() or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
v
Notary Public in and for said State
STATE OF CALIFORNIA)
) ss:
COUNTY OF ORANGE )
VICKI FAGEL
Commission # 1385646 Z
Notary Public.= California z
D
Z ' Orange County
oMy Comm. Expires Dec 12, 2006
(This area for official notarial seal)
On �— 2004, before me,
personally appeared %'.0f__� (V 1 C__ f:: 6:1 L -
perse nown-to_r &--(or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s)/are subscribed to the within instrument and acknowledged to me
that h-e�/they has executed the same in his/he-r/their authorized capacity(ies), and that by
hisg4ef/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 blic in and for said State
VICKI FAGEL
Commission # 1385646
a .=�
Z (.� � .v • . � Notary Public- California _
JA
Orange County
My Comm. Expires Dec 12, 2006
::e,~`atm ��•°- •�,.��
(This area for official notarial seal)
F:\USERS\PBW\Shared\ENCROACH\ROW Agreements\2004\2004-0157 618 MARGUERITE (FULLER).doc
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TWO CUSTOM DWELLING UNITS FOR:
KEN FULLER STEVE & CLARE STRICKLER
P.O. BOX 463
CORONA DEL MAR., CA 92625
618 MARGUERITE AVENUE
CORONA DEL MAR, CA
FESTUCA GLAUCA, COMMON BLUE FESCUE C@ 12. O.C.FROM FLATS
PROVIDE AUTOMATIC IRRIGATION
SITE/GRADING PLAN KEYNOTES
1. Area of residence.
2. Area ofgarag..
3. 4" (hick standard concrete driveway with broom finish.
4. P enter area.
5. Low concrete block wall with slate veneer finish and smcco cap
6. "'(hick concrete walkway with broom finish.
7. 4 , thick stamped and textured concrete walkway with scored lin
at T-0" O.C.
8. 4" thick concrete patio with broom finish.
9. 4" thick stamped and textured concrete patio with scored lines
at 3'-0" o.c.
10. 4" thick stamped and textured concrete landing with scared line!
at 3'-0" o.c.
ll. LandseapeJh:rf cress.
12. Existing concrete curb and gutter.
13. Existing concrete sidewalk.
14. Drain through curb per city standard STD -184-L. Encronchnrent
required from Public Works. 4" round polyethylene catch basin
15. 9" x 9" polyethylene catch basin with 9" x 9" grate.
16. 4" din. drain pipe - Class SDR 35, Sch. 40 PVC pipe.
17. Colored gravel with weed banner.
18. Existing wood fence.
19. Existing 3'-0" high masonry wall.
20. Provide erosion control sandbags - 1 row, 2 bags high.
21. 3" round polyethylene drain grate.
LEGEND
TC
- TOP OF CURB
NG
- NATURAL GRADE
FG
- FINISH GRADE
FS
-FINISH SURFACE
FL
-FLOW LINE
TW
-TOP OF WALL
TD-
TOP OF DRAIN
BW
-BACK OF WALK
TP
- TOP OF PILASTER
INV
-INVERT
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'goddlkhooleff
& A S S 0 C I A T E S, I N C
Architects • Planners • Builders
301 East 1711) Street • Suite 204• Costa Mesa, CA • 92627
949 6468805 • FAX 949 6468862
Exhibit A
151 C It
CITY CLERK'S ACKNOWLEDGMENT
State of California
County of Orange
r
r)n �_%(In ')nnn h -f- -- I A\/(IAIAIC RA UADVI CCC
CITY CLERK OF THE CITY OF NEWPORT BEACH, personally appeared
0��� . �3(u�✓4 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 & f h day of �7 u n e— 2004.
CAPACITY OF SIGNER
Municipal Corporation Officer
SIGNER IS REPRESENTING:
WITNESS my hand and official seal.
LAVONNE M. HARKLESS, CITY CLERK
CITY OF NEWPORT BEACH, CALIFORNIA
DESCRIPTION OF ATTACHED
D CUMENT:
OachrnPrtt
6:pN aooq--ols
# of Pages
City of Newport Beach Document Date: 6-7-0
Signer(s) other than named:
S ecle- r_ kl,r,