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Home My WebLink AboutC-6588 - Encroachment Agreeement EPN N2004-161 for 2315 Pacific Drive00 RECORDING REQUESTED AND of WHEN RECORDED RETURN TO: t V Public Works Department City of Newport Beach Post Office Box 1768 Newport Beach, CA 92659-1768 sca [ Jvt ed yr Recorded in Official Records, Orange County Tore Daly, Clerk -Recorder (1I111 27.00 200400052023410-47am 00109/04 211 128 Al2 8 0.00 0 00 0 00 0.00 21.00 0.00 0 00 0.00 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT (EPN2004-0161) HIS AGREEMENT is made and entered into this /S�l day of 2004, by and between James Glabman Trustee of James Glabman 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 2315 Pacific Drive, Newport Beach, California, 92663 and legally described as Corona Del Mar portion of block D and portion of abandon street (Pacific Drive) as shown on a map recorded in Book 3, Pages 41 and 42, inclusively of Miscellaneous Maps and Official Record No. 20000414992, respectively 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 Pacific Drive right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to Corona Del Mar portion of block D and portion of abandon street (Pacific Drive) as shown on a map recorded in Book 3, Pages 41 and 42, inclusively of Miscellaneous Maps and Official Record No. 20000414992, respectively in the office of the County Recorder of Orange County, California; also known as 2315 Pacific Drive, 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 8 foot wide carriage walk and drive approach and appurtenances in the Pacific Drive 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 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. 2 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. 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 3 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: Dwltk City Attorney ATTEST: By: �U6-n�„� al , City Clerk 4 CITY OF NEWPORT BEACH, a Municipal corporation By: c�— �� City Manager • 1 ► James Glabman, rustee STATE OF CALIFORNIA ss: COUNTY OF O NGE On , 2004, before me, iau pa personally appea d ��%PS �� d y�� personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose nameIs/,ire subscri �d to the within instrument and acknowledged to me tha0/she/they has executed the same i�)/her/their authorized capacity(ie ,-and that bynnier/their signature on the instrument the person(Wor the entity upon behalf of which the person acted, executed the instrument. TNES . my hand and official seal. Notary Public in and fors Id State 6e—�— STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) On , 2004, bore me, personally appeared known to me (or proved to me on the basis of s name(s) is/are subscribed to the within instrument SNAUNA LYN OYLER Commission ## 1331209 Notary Public - California y Orange County Ai'fComm. Expiros Cec5, 2005 (This area for official notarial seal) personally factory evidence) to be the person(s) whose acknowledged to me that he/she/they has executed the same in his/her/their authorized capacity(ies), d that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the p rson acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State (This area for official notrial seal) f:\users\pbw\shared\encroach\row agreements\2004\2004-0161 2315 pacific.doc CHAMFER EDGE 1/4" TYP EXP. JOINT STONE STEPS SLOB �� STONE PILLAR STONE SNEER TO MATCH RE51DENCE ,TONE PAVING GNW AND REINFORCING -4 RE 18" O.G. Eli. GONG. FOOTING YV 4-k4 BAR CONTINUOUS O MATCH RESIDENCE WAVING MORTAR BED ,fG BAR LAB 12" O.G EN GONG.SAND BED ,TED SUBGRADE L-3 IEXH/8/7- "A" Z of Z TO MATCH NGE FAV ING ND )RCING 3AR 18" N. FOOTING W/ 4-^4 BAR CONTINUOUS CITY CLERK'S ACKNOWLEDGMENT State of California County of Orange On �r�� , 2004, before me, LAVONNE M. HARKLESS, CITY CLERK OF THE CITY OF NEWPORT BEACH, personally appeared S%A�- o r\ W o'o4 , 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 � day of^J �vv-e— CAPACITY OF SIGNER Municipal Corporation Officer As -:5v, a'L (�\"q�,e – SIGNER IS REPRESENTING: City of Newport Beach 2004. WITNESS my hand and official seal. LAVONNE M. HARKLESS, CITY CLERK CITY OF NEWPORT BEACH, CALIFORNIA DESCRIPTION OF ATTACHED D CUMENT: Octe rermen� C iy �o �A # of Pages 9 Document Date: –, ur'e Signer(s) other than named: a cfv(S \a� qNa r\