HomeMy WebLinkAboutC-6632 - Encroachment Agreement EPN N2005-050 for 336 Snug HarborN RECORDING REQUESTED AND
VO
WHEN RECORDED RETURN TO
Public Works Department
City of Newport Beach
V
Post Office Box 1768
Newport Beach, CA 92659-1768
Recorded in Official Recoi Orange County
Tom Daly, Clerk -Recorder
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ENCROACHMENT AGREEMENT
(EPN2005-0050
THIS AGREEMENT is made and entered into this NG day of
2005, by and between Neil Longman and Barbara Longman (hereinafter
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"OWNE , 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 336 Snug Harbor
Road, Newport Beach, California, 92663 and legally described as Lot 121, of Tract 1218, as
shown on a map recorded in Book 37, Pages 47 through 49, 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 Snug Harbor Road right-of-way
(hereinafter "RIGHT-OF-WAY") that is located adjacent to Lot 121, of Tract 1218, as shown on
a map recorded in Book 37, Pages 47 through 49, inclusively, of Miscellaneous Maps in the
office of the County Recorder of Orange County, California; also known as 336 Snug Harbor
Road, 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
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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
driveway approach 23.5 foot wide with two 3 -foot side panels, constructed using 12" by 12"
flagstone pavers with a thickness of 3 inches, set in place with 4 inches of concrete and
installed at grade, (color will be "Tumbled Stone Country Cottage") and appurtenances in the
Snug Harbor Road right-of-way 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.
ON
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 agrees to notify OWNER in advance of its intention to
accomplish such work, provided that an 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.
APPROVED AS TO FORM:
By: C.
A S $;& A,4&4City Attorney
ATTEST:
Cit Jerk V
4
CITY OF NEWPORT BEACH,
A Municipal corporation
By:
—W
City nager
OWNER:
By:
Neil L gman
STATE OF CALIFORNIA)
) ss:
COUNTY OF ORANGE )
On /� rl� �X2005, before me, bei laoll I. polvoo 0 -MN rabi,
personally appeared / Ci ���j'�G11'�il�i'�1 �c���G�i7lG�✓?
personally known to me (or proved to me on the basis of slatidfactory evidence) to be the
perso 119whose namE(S:))S Gare subscribed to the within instrument and acknowledged to me
that he/she the has executed the same in his/her heir uthorized capacity6l , and that by
his/her hei ignature�on the instrument the perso 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
LEILANI I. BROWN
Commission # 1336673
Z °a Notary Public - California Z
a
Orange County
MY comm. Expires Jan 25, 2006
(This area for official notarial seal)
STATE OF CALIFORNIA)
) ss:
COUNTY OF ORANGE )
On �, 2005, before me, Le-([aVj Ywn "tv Pabb,
personally appeared H01VIff-
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
erson whose name
p () is/,-, re subscribed to the within instrument and acknowledged to me
tha h
(t
e/they has executed the same in(his er/their authorized capacity i ), and that by
hi /her/their signature ) on the instrument the person or the entity upon behalf of which the
person acted, executed he instrument.
LEILANI I. BROWN
Commission # 1336673LE3 Z
WITNESS my hand and official seal. Z Notaryora�Expan
unty California
My Comm, 25, 2006
1 �
Notaryublic in and for said State
(This area for official notarial seal)
F:\USERS\PBW\Shared\ENCROACH\ROW Agreements\2005\N2005-0050 336 Snug Harbor (Longman).doc
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CURB LINE --i-
NORTH
336 SNUG
HARBOR ROAD
PROPERTY LINE
12" BY 12" FLAGSTONE
PAVERS, 3" THICK SET IN
PLACE WITH 4" OF
CONCRETE, COLOR -
TUMBLED STONE COUNTY
COTTAGE
EXHIBIT A