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Home My WebLink AboutC-6596 - Encroachment Agreement EPN N2004-072 for 412 Via Lido Soud� Snahned Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder '111!IF111 Il 111 PIE! 111!'111'1111111I 1111ill! 111127.00 20040004 2285 09 41 am 05!11104 117 92 Al2 8 0.00 0.00 0.011 0.00 21.00 0.00 0.00 0.00 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT (EPN2004-0072) �,j THIS AGREEMENT is made and entered into this RECORDING REQUESTED AND CWHEN RECORDED RETURN TO 't) Public Works Department I City of Newport Beach California, a Post Office Box 1768 Newport Beach, CA 92659-1768 � Snahned Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder '111!IF111 Il 111 PIE! 111!'111'1111111I 1111ill! 111127.00 20040004 2285 09 41 am 05!11104 117 92 Al2 8 0.00 0.00 0.011 0.00 21.00 0.00 0.00 0.00 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT (EPN2004-0072) �,j THIS AGREEMENT is made and entered into this fh day of r ; 2004, by Leona Aronoff, Trustee of Jack and Leona Aronoff 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 412 Via Lido Soud, Newport Beach, California, 92663 and legally described as Lot 799 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 Piazza Genoa right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to Lot 799 of Tract 907, as shown on a map recorded in Book 28, Pages 25 though 36, inclusively, of Miscellaneous Maps in the office of the County Recorder of Orange County, California; also known as 412 Via Lido Soud, 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 driveway approach with the dimensions of 5 feet by 32 feet made of colored concrete with exposed aggregate, a 6 inch by 32 feet strip made of colored concrete with exposed aggregate, and appurtenances in the Piazza Genoa right-of-way as shown on EXHIBIT "A" and EXHIBIT "B" 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" and Exhibit "B" hereto attached. 2 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 3 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 OWNER' 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 A torne ATTEST: B : / /, Y 4�/dam City Clerk CITY OF NEWPORT BEACH, a Municipal corporation By: Ci Manager OWNER: Jack and Leona Aronoff Trust in 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of "'&/X ,0 Onl&l IeC-14 aa, ;.00'( before me,Z44� Nr.1-0 Af. Date n Name and Title of Officer (e.g., 'Jane Doe, Notary Public") personally appeared ,��p�UA Aeok)o/'r= Name(s) of Signer(s) BRENDA N. BRIGHT Commission # 1411473 M.*CNotary Public - ColifortNa San ft widkio County WW.6WApr IA. $personally known to me D proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) is/ate subscribed to the within instrument and acknowledged to me that he/she4key executed the same in 4j6/her/th4r authorized capacity(ias), and that by 4s/her/t4e4 signature(&) on the instrument the person(s), or the entity upon behalf of which the person(s4 acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Titie(s);: ❑ Partner — ❑ Limited ." General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: V 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 Exhibit A b 0 —tj Y� 1 Oe P-4 ` d M1 9p F ^awr. ♦ f A tot 11 q��y f A s IV �, a `v 4. 1gy,F` G F j Exhibit A /q-LU)D t-00-72.- Exhibit B CITY CLERK'S ACKNOWLEDGMENT State of California County of Orange On t, , 20Qe,, before me, LAVONNE M. HARKLESS, CITY CLERK OF TH� CITY OF NEWPORT BEACH, personally appeared k)- -t\eJ' � . &� c1" , 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 �`\V\day of &rO 2003 CAPACITY OF SIGNER Municipal Corporation Officer 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: # of Pages Document Date:Qr'� Signer(s) other than named: ,2ronec -Aron o T