HomeMy WebLinkAboutC-6829 - Encroachment Agreement EPN N2008-0467 for 435 Carnation AvenueN
S
RECORDING REQUESTED AND
1
WHEN RECORDED RETURN TO:
Public Works Department
City of Newport Beach
Post Office Box 1768
Newport Beach, CA 92659-1768
Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
114111111111111111 ���� ��� 1111111111 II111111111111111111111111111111130.00
2.009000068149 08:25am 02/17/09
100 211 Al2 9
0.00 0.00 0.00 0.00 24.00 0.00 0.00 0 o0
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
(EPN2008-0467)
THIS AGREEMENT is made and entered into this 22" d day of December, 2008, by and
between Kenny Johnson (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 435 Carnation Avenue, Newport Beach, California 92625 and
legally described as Lot 15 of Block 430 of Corona Del Mar, as shown on a map recorded in
Book 3, Pages 41 through 42 inclusively of Miscellaneous Maps in the office of the County
Recorder of Orange County, California Assessor Parcel Number 459-096-18.
WITNESSETH:
WHEREAS, OWNER desires to construct certain non-standard improvements
(hereinafter "PERMITTED IMPROVEMENTS") within the Carnation Avenue right-of-way
(hereinafter "RIGHT-OF-WAY") that is located adjacent to the parcel legally described as the
Lot 15 of Block 430 of Corona Del Mar, as shown on a map recorded in Book 3, Pages 41
through 42 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange
County, California; also known as 435 Carnation Avenue, Newport Beach, California 92625;
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 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,
(1) A 9-foot wide entry walkway constructed with Sandstone pavers
encroaching 1-foot into the Carnation Avenue public right-of-way;
(2) Various private landscaping not to exceed 30 inches in height and various
private irrigation improvements encroaching up to 10-feet into the
Carnation Avenue public right-of-way;
and appurtenances in the Carnation 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 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 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 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 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.
3
(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 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.
4
8. The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
9. The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
10. This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
11. A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
12. OWNER shall at OWNER'S own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
13. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
5
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:
Aaron Harp, Asst. City Attorney Homer Bluda , City Manager
ATTEST:
CX4�
r
By:
Leilani I. Brown, City Clerk
•0► C
IN
F:\Users\PBW\Shared\ENCROACH\ROW Agreements\2008\N2008-0467-435 Carnation Ave (Johnson).doc
1.9
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
On 15, 20, `- before me, l _fS I LC, Notary Public,
personally appeared
who
proved to me on the basis of satisfactory evidence to be the person(A) whose name(s) is/ara
subscribed to the within instrument and acknowledged to me that he/sfhe/A+iey executed the
same in his/hei,41heir authorized capacity(ies); 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
+rV� IE H
LESIIE N. JAMES
Commission #F 1795S24
(SEAL) Notafy Public - CoNtornlo
of ry Public in an r said State cOrange
w � cW19 2012
OPTIONAL INFORMATION
Title or Type of Document:
Date of Document:
)
BOX TREE`
GRATE
DATED: 8/7/2007 (W.O. 344707-01 )
14747 ARTESIA BLVD., SUITE 1-D, LA MIRADA, CA 90638
PH: 714.521.0169 FAX: 714.E ')179
SOIL BEARING VALUE AT 1800 PSF
5. GRADING QUANTITIES:
300 YARDS TOTAL CUT
300 YARDS TOTAL FILL
150 LINEAR FT: DRAINAGE LINE (4" P.V.C.
SCHEDULE 40, 1 % MIN.
SLOPE) U.N.O.
9 PLANTER DRAINS
0 FLATWORK DRAINS
GENERAL CIVIL NOTES
Q
a
435 Ca(nothw1 Ave
CG(M, CA 92b25
4/
FLOW ONLY
I_
qu
z^
V
Q
l_I_.
U
1. 11- nl yr l i
49. BAY WINDOW
50. ...
SERVICES
51.
ELECTRICAL METER
52.
ELECTRICAL P.O.C.
53.
WATER SERVICE ® BUILDING
54.
WATER METER & P.O.C.
55.
GAS METER
56.
GAS P.O.C.
57.
PHONE J-BOX ® BUILDING
58.
PHONE P.O.C.
59.
CABLE TV J-BOX ® BUILDING
60.
CABLE TV P.O.C.
SPECIALTY
61. BUILDING SET13ACK PLUS 1" TO FOUNDATION FOARMBOARD
62. 30' MINIMUM TO EDGE OF FASCIA
63. BACK FLOW VALVE
64. LAWN AREA
65. GRASSCRETE
66. ...
67. STATUARY
68. LOCATION OF TRASH CANS
69• CONCRETE PATIO w/ SANDSTONE PAVERS
70• PATTERN OF DEVELOPMENT
SITE PLAN KEYNOTES @ I
1.
HARDSCAPE WITH SWALE
PER DETAIL 1/A-1
2.
EARTHEN SWALE
PER DETAIL 2/A-1
3.
3" DIA. PLANTER DRAIN NDS ATRIUM #75
PER DETAIL 3/A-1
4.
4" DIA. DECK DRAIN NDS1212 BRASS
PER DETAIL 4/A-1
5.
BOTTOMLESS CATCH BASIN
PER DETAIL 5/A-1
6.
PERCOLATION PIPE 4" DIA.
PER DETAIL 6/A-1
7.
4" PVC DRAIN SCH.40 1% MINIMUM SLOPE
8.
TRENCH DRAIN
PER -DETAIL 10/A-1
9.
ROOF OR DECK DRAIN TIE-IN
PER DE-TAL ./A-1
10.
RETAINING WALL PERF. PIPE
PER" BML ./A-1
11.
TOP OF SLOPE
12.
TOE OF SLOPE
13.
NATURAL GRADE
14.
CUT/FILL LINE
15.
2% SHEET FLOW
16.
COMPACTED BERM
17.
GRADE BREAK
18.
DRAINAGE FLOW LINE
19.
HIGH POINT
20.
FINE GRADE TO DRAINAGE DEVICE
21. CURB
22. GUTTER
23. ALLEY
24. PARKWAY
�25. SIDEWALK 4 � yv t d ea
26. DRIVE APPROACH & APRON CNB STD. NO.
27. THRU CURB DRAIN CNB STD. N0. 184 L
28. ELECTRIC METER (36" LEVEL PAD IN FRONT)
29. NEW UG SERVICE TO ELECTRICAL METER
30. RETAINING WALL PER DETAIL 10/A-1
31. 1" MAX STEP AT OUTSWING DOOR
032. PLANTER AREA ( •( 30"' heiQ��
33. HARDSCAPE.AREA
34. LAWN AREA
r 35. EXISTING STREET TREE, PROTECT IN PLACE
36. PROVIDE EROSION CONTROL SAND BAGS DURING CONST 2 ROWS
37. V-DITCH
38. BUILDING LINE
39, EXISTING 24" RETAINING WALL AT NORTH PROPERTY
40, STEPS ON GRADE PER DETAIL 7/A-1
41. GAS SERVICE IN UG VAULT
42. GAS SERVICE IN WALL CABINET
43. SEWER COTG PER CITY STD W/ TRAFFIC GRATE
44.
45. ELECTRIC METER (36" CLEAR LEVEL PAD IN FRONT)
46. NEW WATER METER PER CITY STD. W/ TRAFFIC GRATE
47. EXISTING WATER METER, FIELD VERIFY CONDITION & SIZE
48.
49.
50.
Exhibit "A"
Sheet 1 of 1
_ N2oa8 � Oyb�
GRADING PLAN KEY NOTES
I: