Loading...
HomeMy WebLinkAboutC-6629 - Encroachment Agreement EPN N2005-048 for 204 Kings Place0- N RECORDING REQUESTED AND g WHEN RECORDED RETURN TO: Public Works Department V City of Newport Beach Post Office Box 1768 Newport Beach, CA 92659-1768 Recorded in orriciai rKecoras, orange county Tom Daly, Clerk -Recorder 1111 111 1111111 11111111111111111111111111111111111 11I 111111111111124.00 2005000383085 01:37pm 05118105 203 79 Al2 7 0.00 0.00 0.00 0.00 18.00 0.00 0.00 0.00 Space above this fine for Recorder's use only. ENCROACHMENT AGREEMENT (EPN2005-0048) THIS AGREEMENT is made and entered into this r day of - 0, , 2005, by and between Suzanne M. Robinson and Thomas N. Robinson II Trustees(4 the Suzanne M. Robinson 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 204 Kings Place, Newport Beach, California 92663 and legally described as Lot 7 Block D of Tract 1219, as shown on a map recorded in Boot: 38, Pages 26 through 27 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 Kings Place right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to legally described as Lot 7, Block D of Tract 1219, as shown on a map recorded in Book 38, Pages 26 through 27 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; also known as 204 Kings Place, Newport Beach, California; and WHEREAS, said PERMITTED IMPROVEMENTS may interfere in the futur, with CITY'S ability to construct, operate, maintain, and replace CITY and other public facilities and improvements within RIGHT-OF-WAY; and WHEREAS, the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to permit OWNER to construct and maintain said PERMITTED IMPROVEMENTS. 1 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 pair of 2 foot high brick garden walls with two 3 foot high brick pilasters with 30" by 30" bases, Red brick pavers 30 inches in width running the length of the kings road frontage and a 6 foot wide red brick carriage walk in the Kings Piace 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, if in substantial conformance with the 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 -day 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 the plans and specifications on file in the CITY's Public Works Department, and as described on Exhibit "A" attached hereto. b. OWNER shall maintain the PERMI i ED 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 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. FA 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 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 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 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) 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. 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. APPROV D AS TO FORM: By: �^-�_ A5_5 � SUity Attorney ATTEST: BY 4a_1- — DggI City Clerk CITY OF NEWPORT BEACH, a Municipal corporation By: 94/�Z, Ci Manager OWNER: SUZANNE M. ROBINSON TRUST By: I Su anne M. Robinson Thomas N. Robinson II F:\USERS\PBW\Shared\ENCROACH\ROW Agreements\2005\N2005-0048 204 Kings PI. (Robinson).doc 4 STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE ) On �jz' .L- �' , 200 personally appeared personally known to me ( ) to be the person(o whose name(o is/are- - subscribed to the within instrument and acknowledged to me that -he/she/they has executed the same in hts/her/t#eir authorized capacity( �j, and that by hiis/her/04ei 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. DORIS D. SORENSON Commission # 1560069 *,My Notary Public - California Orange County Comm. Expires Mar 15, 2 No-fary Public in and for said State (This area for official notarial seal) STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE ) Ono2-i 200_ before me, V-� personally appeared --i personally known to me ( farts i avidence) to be the personO whose name(e) is/a-re- subscribed to the within instrument and acknowledged to me that he/s-hefthey-.has executed the same in his/f -4r authorized capacity(ies), and that by his/heFfth� signature(s)- on the instrument the person(o or the entity upon behalf of which the person acted, executed the instrument. DORIS D. SMNSON WITNESS my hand and official seal. commission # 1560069 .e Notary Public - California Orange County •�•My Comm. EXPHes Mar 15, 2 Notary Public in and for said State (This area for official notarial seal) F:\USERS\PBW\Shared\ENCROACH\ROW Agreements\2005\N2005-0048 204 Kings PI. (Robinson).docc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California �� County of GJ C � qt p_ ss. Onq, �� before me,_0--�-, h J l J ;� �Z,2LL1 Date Name k0tle of Officer (e.g., "Jane Doe, Notary Public") personally appeared��9� C:."I HY FISHER Cor�rcti.^inn�13d1009 Z z �s Notar;,° Public - Catifomia Coinge County k4y C r -,-1 21, 2006 James) of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(, whose nam6Ais/ re subscribed to the wit .in instrumen and acknowledged to me he/yhe/they executed the same, in is -her (heir authorized capacity(W' and that by his/her/their signature( on the instrument the person(, or the entity upon behalf of which the person(, acted, executed the instrument. DESS m hand and fficial seal. S atur 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: (-\ CA Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Individual Corporate Officer — Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: a\-0 �_^ -�10V` V i Number of Pages: RIGHT THUMBPRINT OF SIGNER © 1999 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 - www.nationainotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 L'r_ PROPERTY LINE s- 204 KINGS PLACE //- DRIVE APPROACH WITH RED BRICK APRON RED BRICK CARRIAGE WALK 2 HIGH RED BRICK GARDEN WALL - 31/ HIGH BRICK PILASTERS WITH 30" BY 30" BASES i CURB LINE NORTH EXHIBIT A