HomeMy WebLinkAboutC-6648 - Encroachment Agreement EPN N2005-244 for 1501 Miramar DriveRecorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
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ENCROACHMENT AGREEMENT
(EPN2005-0244)
THIS AGREEMENT is made and entered into this day of
2005, by and between Joseph L. Perring and Lynda E. Perring, trustees
of the Perring 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 1501 Miramar Drive, Newport Beach, California, 92661 and legally
described as Lot 46, Block I of Tract 518, as shown on a map recorded in Book 17, Pages 33
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 Miramar Drive, Balboa Boulevard
and G Street right-of-ways (hereinafter "RIGHT-OF-WAY") that is located adjacent to Lot 46
Block I of Tract 518, as shown on a map recorded in Book 17, Pages 33 through 36,
inclusively, of Miscellaneous Maps in the office of the County Recorder of Orange County,
California; also known as 1501 Miramar Drive, Newport Beach, California, 92661 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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RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
Public Works Department
City of Newport Beach
V
Post Office Box 1768
Newport Beach, CA 92659-1768
Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
'I'll" illll IIIII IIIII IIIII IIIII IIIII IIIII IIIII Illi) IIIII IIIII Ilill IIII IIII 24.00
2005000518898 09:09am 07/06/05
211 130 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
(EPN2005-0244)
THIS AGREEMENT is made and entered into this day of
2005, by and between Joseph L. Perring and Lynda E. Perring, trustees
of the Perring 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 1501 Miramar Drive, Newport Beach, California, 92661 and legally
described as Lot 46, Block I of Tract 518, as shown on a map recorded in Book 17, Pages 33
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 Miramar Drive, Balboa Boulevard
and G Street right-of-ways (hereinafter "RIGHT-OF-WAY") that is located adjacent to Lot 46
Block I of Tract 518, as shown on a map recorded in Book 17, Pages 33 through 36,
inclusively, of Miscellaneous Maps in the office of the County Recorder of Orange County,
California; also known as 1501 Miramar Drive, Newport Beach, California, 92661 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
garden wall 36" high, constructed with masonry bricks and extending one foot into the Miramar
Drive, G Street and Balboa Boulevard right-of-ways 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
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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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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.
CITY OF NEWPORT BEACH,
A Municipal corporation
APPROVED AS TO FORM:
By: C -A - C, o t-�— By. 914/�-XA�
SS . S 4.,kN f City Attorney I Cit anager
ATTEST:
By.
City Clerk
OWNER: PERRING TRUST
By:
Joseph L. Perri
Trustee
4
By:
Lrndp E. Perring
us ee
STATE OF CALIFORNIA)
) ss:
COUNTY OF ORANGE )
On June /5- 2005, before me,_G fg �, L • /' r� �
personally appeared To s epi, �, r tyrr, ,� y
personally known to me ( trya eideRsa) 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 ublic in and for sap --S at
STATE OF CALIFORNIA)
) ss:
COUNTY OF ORANGE )
GREGORY L. PERRIN
COMM. fi' 1396483
2r
Notary Public-Callfornia
Riverside County
My Comm. Expires
JANUARY 27 2007
(This area for official notarial seal)
On ;Tai e / �� 2005, before me, 61- ej yr y L . I'l
personally appeared L el zit- /de. „
personally known to me ( e) 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.
WGR"EYGORY L. PERRING
COMM.# 139648'3 fAtary Public-Calffornia�+
Riverside County
Comm. Expires --►
JA UA Rw 2 7
r
(This area for official notarial seal)
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EXNI5I T 'A"
CITY CLERK'S ACKNOWLEDGMENT
State of California
County of Orange
On June 29 , 2005, 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 29th day of June
CAPACITY OF SIGNER
Municipal Corporation Officer
City Manager
SIGNER IS REPRESENTING:
2005.
WITNESS my hand and official seal.
AV NNE M. HARKLESMS, CITY CLERK
CITY OF NEWPORT BEACH, CALIFORNIA
DESCRIPTION OF ATTACHED
DOCUMENT:
Encroachment Aqreement
EPN2005-0244
# of Pages 8
City of Newport Beach Document Date: 06/29/2005
Signer(s) other than named:
Joseph L. and Lynda E. Perring
Aaron C. Harp