HomeMy WebLinkAboutC-6620 - Encroachment Agreement EPN N2004-443 for 5008 River AvenueRecorded in Official R.. ,rds, Orange County
70cri Daly, Clerk Recorder /
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ENCROACHMENT AGREEMENT
(EPN2004-0443)
THIS AGREEMENT is made and entered into this 0701 //c day of
Mc e , 2004, by and between Judie Collins, Trustee of the Judie K. Collins
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 5008 River Ave, Newport Beach, California, 92663 and legally described as Lot 29
of Tract 3162, as shown on a map recorded in Book 95, Page 16 to 18 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 a 6 foot Utility Easement granted on
Tract Map 3162, Map Book 95 pages 16 to 18 (hereinafter "Easement") that is located
adjacent to Lot 29 of Tract 3162, as shown on a map recorded in Book 95, Pages 16 to 18
Miscellaneous Maps in the office of the County Recorder of Orange County, California; also
known as 5008 River Ave, 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 Utility Easement; and
1
RECORDING REQUESTED AND
�1
WHEN RECORDED RETURN TO:
o�
Public Works Department
City of Newport Beach
U
Post Office Box 1768
Newport Beach, CA 92659-1768
Recorded in Official R.. ,rds, Orange County
70cri Daly, Clerk Recorder /
!'lll!I I!9ij II!i! II!li I!!!! li!!! li!i hill III!I illll IIIII I!III !ill! Ilil III! NO FEE
2605000028488 08.20am 01/11/05
211 130 Al2 10
0 00 0.00 0.0() 0.00 0.00 0.00 0.00 0.00
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
(EPN2004-0443)
THIS AGREEMENT is made and entered into this 0701 //c day of
Mc e , 2004, by and between Judie Collins, Trustee of the Judie K. Collins
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 5008 River Ave, Newport Beach, California, 92663 and legally described as Lot 29
of Tract 3162, as shown on a map recorded in Book 95, Page 16 to 18 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 a 6 foot Utility Easement granted on
Tract Map 3162, Map Book 95 pages 16 to 18 (hereinafter "Easement") that is located
adjacent to Lot 29 of Tract 3162, as shown on a map recorded in Book 95, Pages 16 to 18
Miscellaneous Maps in the office of the County Recorder of Orange County, California; also
known as 5008 River Ave, 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 Utility Easement; 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
WHEREAS, Michael Robert Dominguez has the legal authority to sign and enter into
this Agreement on behalf of the Owner, pursuant to that certain Power of Attorney designated
Exhibit B and incorporated herein by reference.
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
drive approach 18 foot 7 inches wide with a light exposed aggregate finish and appurtenances
in the River Avenue 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 Utility Easement, 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.
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 Utility Easement to
exercise its primary rights associated with said Utility Easement, 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
Utility Easement 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.
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: NJ (
City Attorney
ATTEST:
By U q-,, M, Wr,�
City Clerk
CITY OF NEWPORT BEACH,
A Municipal corporation
By: �.
Cit anager
OWNER: Judie Collins
BY: Michael Robert Dominguez
Pursuant to the Power of Attorney
By:
Michael R( 1Z
Attorney;--in-Fact for Owner
4
STATE OF CALIFORNIA)
) ss:
COUNTY OF ORANGE )
OQ r , 2004, before me,
personally appeared Y77 I ZD r7"
personally known to me (or proved to me on the basis of satisfactory(kvidence) to be the
person hose name Is are subscribed to the within instrument and acknowledged to me
that e/ a/they has executed the same ir�her/their authorized capacity(i , and that by
is er/their signature (,a� on the instrument the person/or the entity upon Kehalf of which the
person acted, execute//d the instrument.
WITNESS my hand and official se
Notary Public in and for -laid Sta
STATE OF CALIFORNIA)
) ss:
COUNTY OF ORANGE )
On
personally appeared
2004, before me
SHAUNA LYf~� ( ER
Comm"aiion # 13.31209 Z
a Notary Public - Califomia
7 Orange County
ray Cern-r,:. Expiry s3 M 5, 2005
(This area for official notarial seal)
personally known to me (or proved to me on the basis of sXisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within i rument and acknowledged to me
that he/she/they has executed the same in his/her/the' authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the
person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said S
s) or the entity upon behalf of which the
(This area for official notarial seal)
f:\users\pbw\shared\encroach\row agreements\2004\2004-0443 5008 River Ave(Collins).doc
5
Permit No. N2oc4-44-3
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CITY OF NEWPORT BEACH
ADDRESS r,
ENCROACHMENT PERMIT
PERMITTEE
OWNER
DESCRIPTION OF WORK
Permit No. N2oc4-44-3
0
Exhibit "B"
Recording requested by and mail documents and
tax statements, if applicable, to:
Name: .........................................................
Address: ....................................................................
City/State/Zip: ............................................................
POA131 mk
Nevada Legal Forms & Books, Inc. (702) 870-8977
www.legalformsrus.com
GENERAL POWER OF ATTORNEY
with Durable Provision pursuant to NRS 111.460
KNOW ALL MEN BY THESE PRESENTS:
That ju IJP !6 ` fl in 5 , the undersigned Grantor,
who currently resides at the street address of il9w s'
in the City of U S F 5 in the County of Cj Aj2 k
State of 1X/ , has made, constituted and appointed, and by these presents
do make, constitute and appoint 61 JCM1; L 9 D OMI r)Gv6 Z , the undersigned Appointee,
who currently resides at the!U
street address of SDOR 6 yet. A e
in the City ofh1Q&Li20'L' State of CIA
as my true and lawful l ttorney-in-Fact for me and in my name, place and stead and for my use and
benefit to:
(a) To transact business of any kind or class and as my act to ask for, demand, sue, recover,
collect and receive each and every sum of money, debt, account, legacy, bequest, interest, dividend,
annuity and demand (which now is or hereafter shall become due, owing, payable) belonging to or
claimed by me, and to use and take any lawful means for the recovery thereof by legal process or
otherwise, in my name for the recovery thereof, by attachments, arrests, distress or otherwise, to
execute and deliver a satisfaction or release therefor, together with the right and power to
compromise or compound any claim or demand and agree for the same, and acquittance, or other
sufficient discharges for the same, for me, and in my name, to make, seal and deliver; to bargain,
contract, agree for, purchase, receive, and take lands, tenements, hereditament and accept the
seizing and possession of all lands and all deeds and other assurances in the law therefor, and to
lease, let, demise, bargain, sell, remise, release, convey, mortgage and hypothecate lands,
tenements and hereditament, upon such terms and conditions, and under such covenants, as my
Appointee shall deem fit and proper.
(b) To exercise any or all'of the following powers as to real property, any interest therein and/or
any building thereon. To contract for, bargain and agree for, sign, seal, execute, deliver and
acknowledge such deeds, buy, purchase, receive and take possession thereof and of evidence of title
General Power of Attorney
Page 1 of 3
thereto, to lease the same for any term or purpose. to lease, assignments of leases, covenants,
indentures, mortgages, satisfaction of mortgages, leases for business, residence, and oil and/or
mineral development, to sell, exchange, grant or convey the same with or without warranty, and to
mortgage, transfer in trust, or otherwise encumber or hypothecate the same to secure payment of a
negotiable or non-negotiable note or performance of any obligation or agreement.
(c) To exercise any or all of the following powers as to all kinds of personal property and goods,
in any and every way and manner deal in acid with goods, wares and merchandise, chooses in action
and other property in possession or in action. To contract for, buy, sell, exchange, transfer, make,
do, and transact all and every kind of business of whatever nature or kind, bills of lading, bills, bonds,
notes, stock certificates, drafts and checks, receipts, evidence of debts, releases, judgements and
other debts, and such other instruments in writing of whatever kind and nature as may be necessary
or proper in the premises, any legal manner, deal in and with the same, in my name and as my act
and deed.
(d) To borrow money and to execute and deliver negotiable or non-negotiable notes therefor with
or without security, and to loan money and receive negotiable or non-negotiable notes therefor with
such security as my Appointee shall deem fit and proper.
(e) To create, amend, supplement and terminate any trust and to instruct and advice the trustee
of any trust wherein I am or may be trustor or beneficiary, to represent and vote stock, exercise stock
rights, accept and deal with any dividend, distribution or bonus, join in any corporate financing,
reorganization, merger, liquidation, consolidation or other action and the extension, compromise,
conversion, adjustment, enforcement or foreclosure, singularly or in conjunction with others of any
corporate stock, bond, note, debenture or other security, to compound, compromise, adjust, settle
and satisfy any obligation, secured or unsecured, owing by or to me and to give or accept any
property and/or money whether or not equal to or less in value than the amount owing in payment,
settlement or satisfaction thereof.
GIVING AND GRANTING unto my said attorney full power and authority to do and perform all and
every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully
to all intents and purposes as I might or could do if personally present, with full power of substitution
or revocation, hereby ratifying and confirming all that my said attorney, or any substitute or substitutes
that my Attorney may choose, shall lawfully do or cause to be done by virtue of these presents. The
powers and authority hereby conferred upon my said Attorney shall be applicable to all real and
personal property or interests therein now owned or hereafter acquired by me and whatever situated.
WARNING: THIS IS AN IMPORTANT LEGAL DOCUMENT AND MUST BE RECORDED WITH
THE COUNTY RECORDERS OFFICE PURSUANT TO NRS 111.450. TO REVOKE THIS POWER
OF ATTORNEY THE REVOCATION MUST BE RECORDED IN THE COUNTY RECORDERS
OFFICE. Before executing this document: (a) Read this document very carefully. (b) This document
may provide the person you designate as your attorney in fact with broad powers to administer,
manage, dispose,. sell, transmit and convey your real and personal property and to borrow money
using your property as security for the loan. (c) These powers will exist for an indefinite period of time
unless you limit their duration in this document. (d) These powers will continue to exist
General Power of Attorney Page 2 of 3 Initial
notwithstanding your subsequent disability or incapacity. (e) You have the right to revoke or terminate
this power of attorney. (f) If there is anything about this form that you do not understand, we urge you
to seek competent legal advice.
DURABLE CLAUSE NRS 111.460: (YOU MUST INITIAL ONE OF THE CLAUSES STATED
BELOW)
"THIS POWER OF ATTORNEY IS NOT AFFECTED BY THE DISABILITY OF THE
PSR
INCIPAL" -- OR --
"THIS POWER OF ATTORNEY BECOMES EFFECTIVE UPON THE DISABILITY
OF THE PRINCIPAL" and remains in effect only during such time periods as I may be mentally or
physically incapacitated and unable to care for my own needs or to make competent decisions as are
necessary to protect my interests or conduct my affairs.
Grantor's signature must be notarized
ESS, my hand day C7�� / 20
,i Z
ittle of Gr*tor Signature of Appointee/Attorney-in-fact
A�iVP16 K. C/ou►/ NS
or type name Print or type name
STATE OF�/C'C�)
COUNTY OF �-f)
On this —D- day of 20 personally appeared
before me, a Notary Public C ��
personally known to me t#the son(s) whose name(e) is subscribed to the above instrument
who acknowledged that She_ executed this instrument. Witness my hand and official seal.
No a Public
M & ommission expires: r�
Consult an attorney if you doubt this forms fitness for
Notary Public - State of Nevada
County of Clark
LYNDA G DILLON
My Appointment Expires
No: 97-0919 1 ,lune 81 9008 .
Vl
General Power of Attorney Page 3 of 3 Initials
CITY CLERK'S ACKNOWLEDGMENT
State of California
County of Orange
On December 22 , 2004, 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 22nd day of December
CAPACITY OF SIGNER
Municipal Corporation Officer
City Manager
SIGNER IS REPRESENTING:
City of Newport Beach
2004.
WITNESS my hand and official seal.
AVONNE M. HARKLESS, CITY CLERK
CITY OF NEWPORT BEACH, CALIFORNIA
DESCRIPTION OF ATTACHED
DOCUMENT:
Encroachment Agreement
EPN2004-0443
# of Pages 7
Document Date: 12/15/2004
Signer(s) other than named.-
Michael
amed:
Michael Robert Dominguez
Robin Clauson