HomeMy WebLinkAboutC-6398(A) - Encroachment Agreement EPN N2005-160 for 350 Piazza Lido (201 Via Genoa)Z
Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
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Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
(EPN2005-0160)
THIS AGREEMENT is made and entered into this day of
2005, by and between Anthony A. Kinninger, Trustee of The Anthony A.
Ki nger rust dated April 30, 1999, and Linda A. Kinninger, an individual, (hereinafter
"OWNERS"), 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"). OWNERS are the owners of property located at 201 Via
Genoa and 350 Piazza Lido, Newport Beach, California 92663 and legally described as Lots
934 and 935, located in Tract 907, including the abandoned portion of the adjacent street, 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, OWNERS desire to construct certain non-standard improvements
(hereinafter "PERMITTED IMPROVEMENTS") within the Via Genoa and Piazza Lido right-of-
ways (hereinafter "RIGHT-OF-WAY") that are located adjacent to Lots 934 and 935, located in
Tract 907, including the abandoned portion of the adjacent street, inclusively of Miscellaneous
Maps in the office of the County Recorder of Orange County, California; also known as 201
Via Genoa, Newport Beach, California; 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
RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
9
Public Works Department
City of Newport Beach
Post Office Box 1768
Newport Beach, CA 92659-1768
Z
Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
lillllllllllli IIII IIIIIIIIIIIIIIIIIIIIIIIIIIIII II Illllilllllll 11133.00
2005000570609 08:35am 07/25/05
227 92 Al2 10
0.00 0.00 0.00 0.00 27.00 0.00 0.o0 0.00
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
(EPN2005-0160)
THIS AGREEMENT is made and entered into this day of
2005, by and between Anthony A. Kinninger, Trustee of The Anthony A.
Ki nger rust dated April 30, 1999, and Linda A. Kinninger, an individual, (hereinafter
"OWNERS"), 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"). OWNERS are the owners of property located at 201 Via
Genoa and 350 Piazza Lido, Newport Beach, California 92663 and legally described as Lots
934 and 935, located in Tract 907, including the abandoned portion of the adjacent street, 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, OWNERS desire to construct certain non-standard improvements
(hereinafter "PERMITTED IMPROVEMENTS") within the Via Genoa and Piazza Lido right-of-
ways (hereinafter "RIGHT-OF-WAY") that are located adjacent to Lots 934 and 935, located in
Tract 907, including the abandoned portion of the adjacent street, inclusively of Miscellaneous
Maps in the office of the County Recorder of Orange County, California; also known as 201
Via Genoa, Newport Beach, California; 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 OWNERS to construct 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,
stone pavers, landscaping, underground private drains through the curb,and appurtenances in
the Via Genoa and Piazza Lido 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 OWNERS to construct, reconstruct, install, maintain, use,
operate, repair and replace said PERMITTED IMPROVEMENTS and appurtenances
incidental thereto, within a portion of RIGHT-OF-WAY, if in substantial conformance with the
plans and specifications on file in the CITY. CITY will further allow OWNERS 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. OWNERS and CITY further agree as follows:
a. OWNERS may construct and install PERMITTED IMPROVEMENTS and
appurtenances incidental thereto, in substantial conformance with the plans and specifications
on file in the CITY's Public Works Department, and as described on Exhibit "A" attached
hereto.
2
b. OWNERS shall maintain the PERMITTED IMPROVEMENTS in
accordance with generally prevailing standards of maintenance, and pay all costs and
expenses incurred in doing so. However, nothing herein shall be construed to require
OWNERS 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, OWNERS 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 agrees to notify OWNERS in advance of its intention to
accomplish such work, provided that an emergency situation does
not exist.
(ii) OWNERS 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) OWNERS agree to pay all costs for the 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 OWNERS, CITY may enter upon the
RIGHT-OF-WAY and remove all or part of the improvements installed by OWNERS.
Termination because of breach shall be upon a minimum of ten- (10) day 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.
3
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.
APPROVED AS TO FORM:
By. X C.,--, C_ N w--
/� 5 S ; s.fa.rr-City Attorney
ATTEST:
A, WIAVYJ
City Clerk
CITY OF NEWPORT BEACH,
a Municipal corporation
By: Lc
City Mana
OWNERS: The Anthony A. Kinninger Trust
and Linda A. Kinninger
By: cj�r, C,
Anthony A. Kinninger, Trustee
B:
inda A. Kinninge , as an individual
\\mis_1\sys\users\pbw\shared\encroach\row agreements\master ea2.doc
4
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE )
Me e - -
personally appearetf L UA, 7- h&gh&&W personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) i are
subscribed tQ the within instrument and acknowledged to me that he/sh /the has executed the same
in his/h /their authorized capacity(ies), and that by his/he their signature(s) on the instrument the
person(s) or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my and and official seal.
Notary Public l a d for said State
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE )
On
, 2005, before me,
VICKI L. RANCK
}�. 4 COMM. #1458809 n
Cm7 NOTARY PUBLIC CALIFORNIA
ORANGECOUNTY O
My Comm. Expires December 26, 2007
(This area for official notarial seal)
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\Shared\ENCROACH\ROW Agreements\350 PIAZZA LIDO-N2005-160.doc
5
EXISTING- TREE TO REMAIN
v
V to F'1�Eh1'g
PLANT LIST
SYM BOTANICAL NAME COMMON NAME
0. TREE
Prvnus creaslFera Purple Leaf Plum
SHRUBS
Abutllon twbrld. Flpwerire Maple
Acorns gramine., 'Ogaon' Acorns
Asparagus 'Myer',' Myer's Aspar.gus
@ L—,9 .japonicus mi,-Pk9fa Lo. afeuo g9—
OEvonymus rnf-ophyllo 'Varlegatus' Boz Lea Euonymus
H.t Hebe [apart. Heb.
byItyarangea macrophylta '1^4Jte' tiyaangea
rr/Qv�,.,S IrL 'Frequent Flyer' irl5
4fi, C Z r normlum '.',hocolate' Chocolate Fla.
pm
PS` J Plttosporurn 'Margorle Channon' Var
ariegated OP-
Mgate
Plttosporum 'Suver 5il— Plt—p.rum
Ice 'Rosa 'Iceberg' Rose
Roemarinus o. 'Ken Taylor' Rosemaru Up Right
VINE
n__ ___ 'Rosa 'Cecil Brunner' C Ilmbinn Rns<.
/QL _
'CsROUNGCOVER
O��� Jv'mer'la rciarltlma 'White' 1^hiite Common 'rhriFt
Notes:
" planting within Y of sidewalk shall be a
Maximum of 21" high.
All rose bushes shall be a minimum 12"
clear from back of sidewalk.
For plant charaCterlStlCS See separate
sheets for each plant.
ZXHlBlT "A"
19 i - (I,-
Exhibit A
V(A Grp
6„ VARIABLE VARIABLE I 2„
F.L. OF PIPE PARKWAY SIDEWALK t�
1/2" ABOVE GUTTER A
FLOW LINE
�- SEE DETAIL "A"
FOR TYPE OF
DRAIN PIPE
1— DRAINS WITH SLOPE GREATER THAN 10% MAY REQUIRE AN ENERGY REDUCER -
2— ALL DRAINS MUST BE INSTALLED 90' TO THE CURB FACE UNLESS APPROVED
BY THE CONSTRUCTION ENGINEER.
INSTALL POLYETHYLENE PLASTIC ELEVATION
JOINT MATERIAL "QUICK—JOINT"
OR EQUAL
1-1/2" MIN. 1-1/2" MIN.
COVER \ COVER
1 J
16(1
D •6'
MIN'.
2" MIN. 6„
Sys
4B
INSTALL POLYETHYLENE
PLASTIC JOINT MATERIAL
"QUICK JOINT" OR EQUAL
2" MIN.
SECTION A -A SECTION A -A
RESIDENTIAL COMMERCIAL
NOTE: IF CURB/GUTTER IS REMOVED JOIN TO THE NEAREST JOINT WITHIN TWO' FEET.
r 3" Topsoil 6-1 /4'
4" MAX. OUTER }
DIAMETER _
3" Perf. drain pipe class f
SDR 35 SCH 40 PVC pipe 10"
Crushed Rock 1
3" P.V.C. (SCH. 40)\
PIPE OR EQUAL Filter ClothRECTANGULAR CAST IRON
PIPE, ALHAMBRA FOUNDRY
Lap 6" 10"
A-470 OR EQUAL
DETAIL A SECTION "B -B" ALTERNATE
TO DETAIL A
DRAIN PIPE SECTIONS
* OUTSIDE HUB DIMENSIONS
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PRIVATE DRAINS RCE NO. 36106 LIC WORKS DIRECTOR
Drawn: P. ArcEega Scale: N.T.S.
Date: Janu 2003 F;\USERS\PBW\Sham\CAD PA
�S7D Detai1s\2003 std —
THROUGH CURB DRAWING NO. STD- 184-L
s„ VARIABLE VARIABLE 2"
F.L. OF PIPE PARKWAY SIDEWALK
1 /2" ABOVE GUTTER j� A B
FLOW LINE_ I r
��ji�Il✓I�yI?�?�I
1 I:
�— SEE DETAIL "A"
FOR TYPE OF
DRAIN PIPE
1— DRAINS NTH SLOPE GREATER THAN 10% MAY REQUIRE AN ENERGY REDUCER.
2— ALL DRAINS MUST BE INSTALLED 90' TO THE CURB FACE UNLESS APPROVED
BY THE CONSTRUCTION ENGINEER.
INSTALL POLYETIj,YLENE PLASTIC ELEVATION
JOINT MATERIAL QUICK–JOINT"
OR EQUAL
1-1/2" MIN. 1-1/2" MIN. INSTALL POLYETHYLENE
COVER \ COVER PLASTIC JOINT MATERIAL
l , "QUICK JOINT" OR EQUAL
a6' MIN
9' 6" 9" 6„ —� 2" MIN.
2" MIN.
SECTION A -A
RESIDENTIAL
4" MAX. OUTER
DIAMETER
3" P.V.C. (SCH. 40)\
PIPE OR EQUAL
DETAIL A
* OUTSIDE HUB DIMENSIONS
SECTION A -A
COMMERCIAL
REMOVEDNOTE: IF CURB/GUTTER IS .
Topsoil
3' Perf. drain pipe classL
• • 35 SCH 40 PVC pipe
f•T_ •Y– •Y •T •
Crushed Rock
•Y •Y •Y– •r ;•x
Filter Cloth
.. •
SECTION "B -B"
DRAIN PIPE SECTIONS
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
RECTANGULAR CASTIRON
PIPE, ALHAMBRA FOUNDRY
A-470 OR EQUAL
ALTERNATE
TO DETAIL A
PRIVATE DRAINS RCE N0.36106 -'-p6BLIC WORKS DIRECTOR
Drawn: P. Arciniega Scale: N.T.S.
Date: June 2005/rev RO - STD Dmails\\200i s dD_PI\
THROUGH CURB DRAWMG NO. STD- 184-L
CITY CLERK'S ACKNOWLEDGMENT
State of California
County of Orange
On July 12 , 2005, before me, LAVONNE M. HARKLESS,
CITY CLERK OF THE CITY OF NEWPORT BEACH, personally appeared
David A. Kiff '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 12th day of July 2005.
CAPACITY OF SIGNER
Municipal Corporation Officer
Assistant City Manager
SIGNER IS REPRESENTING:
WITNESS my hand and official seal.
//-�' A��
4VONE M. HARKLESS, CITY CLERK
CITY OF NEWPORT BEACH, CALIFORNIA
DESCRIPTION OF
DOCUMENT.-
Encroachment
OCUMENT:Encroachment Aa
EPN2005-0160
# of Pages 10
ATTACHED
reement
City of Newport Beach Document Date: 07/12/2005
Signer(s) other than named:
Anthony A. and Linda A. Kinninger
Aaron C. Harp