HomeMy WebLinkAboutC-8959-1 - Encroachment Agreement EPN N2022-0400 for 424 Rivera Terrace10/5/22, 11:58 AM
Batch 14786472 Confirmation
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Attn: City Clerk's Office
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658-8915
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
'11IIII III IIIII ll[ 111 11 1 "111 IIII'l III Jill3 1. 00
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202200032597011:51 am 10/05/22
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Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
(Encroachment Permit Number N2022-0400)
THIS ENCROACHMENT AGREEMENT ("Agreement") is made and entered into this
14th day of September, 2022, by and between Sung-Hee Suh and Peter E. Dolotta, wife and
husband as community property ("Owner"), and the City of Newport Beach, a California
municipal corporation and charter city, organized. and existing under and by virtue of its
Charter and the Constitution, and the laws of the State of California ("City").
RECITALS
WHEREAS, Owner is the vested owner of property located at 424 Rivera Terrace,
Newport Beach (Corona Del Mar Area), California, 92625, Orange County Assessor's Parcel
Number 459-141-20, and as legally described in Exhibit A, attached hereto and incorporated
herein by reference ("Property");
WHEREAS, Owner desires to construct certain non-standard improvements as further
described herein ("Permitted Improvements") within the Rivera Terrace right-of-way
(hereinafter "Right -of -Way") that is located adjacent to Property;
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
WHEREAS, the parties hereto desire to enter into this 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:
City and Owner acknowledge that the above Recitals are true and correct and are
hereby incorporated by reference into this Agreement.
Sung-Hee Suh and Peter E. Dolotta Encroachment Agreement 1
https://gs.secure-recording.com/Batch/Confirmation/l 4786472 1 /2
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Attn: City Clerk's Office
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658-8915
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
(Encroachment Permit Number N2022-0400)
THIS ENCROACHMENT AGREEMENT ("Agreement") is made and entered into this
14th day of September, 2022, by and between Sung-Hee Suh and Peter E. Dolotta, wife and
husband as community property ("Owner"), and the City of Newport Beach, a California
municipal corporation and charter city, organized and existing under and by virtue of its
Charter and the Constitution, and the laws of the State of California ("City").
RECITALS
WHEREAS, Owner is the vested owner of property located at 424 Rivera Terrace,
Newport Beach (Corona Del Mar Area), California, 92625, Orange County Assessor's Parcel
Number 459-141-20, and as legally described in Exhibit A, attached hereto and incorporated
herein by reference ("Property");
WHEREAS, Owner desires to construct certain non-standard improvements as further
described herein ("Permitted Improvements") within the Rivera Terrace right-of-way
(hereinafter "Right -of -Way") that is located adjacent to Property;
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
WHEREAS, the parties hereto desire to enter into this 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:
City and Owner acknowledge that the above Recitals are true and correct and are
hereby incorporated by reference into this Agreement.
Sung-Hee Suh and Peter E. Dolotta Encroachment Agreement 1
2. It is mutually agreed that Permitted Improvements shall be defined as:
a. A 15-foot 7-inch wide driveway approach constructed with decorative
cobblestone encroaching 1-foot 8-inches into the Right -of -Way, as approved
by the Public Works Department and as shown on Exhibit B, attached hereto
and incorporated herein by reference.
b. In addition, if any improvements actually built or installed during the time of
construction vary from 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.
3. 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 City. City will further allow Owner to take all reasonable
measures necessary or convenient in accomplishing the aforesaid activities.
4. Rights granted under this Agreement may be terminated by City with or without cause
and at any time without notice. City shall make good faith efforts to provide sixty (60)
calendar days' notice in advance of termination, 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.
5. 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 City's Public Works Department, and as described on Exhibit B.
b. Owner shall maintain 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 and restoration of these public facilities or improvements to their
condition at the time of entry into this Agreement.
d. 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
Permitted Improvements, as required, and in such event:
Sung-Hee Suh and Peter E. Dolotta Encroachment Agreement 2
(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 Permitted Improvements affected by such work by City.
(iii) City agrees to bear only the cost of any removal of Permitted
Improvements affected by such work by City.
(iv) Owner agrees to pay all costs for the renewal, replacement, or
restoration of Permitted Improvements.
6. 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
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) calendar days'
notice, with the notice specifying the date of termination.
7. In the event of any dispute or legal action arising under this Agreement, the prevailing
party shall not be entitled to attorneys' fees.
8. 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 Permitted Improvements.
9. 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 Owner's interest in the land, whether fee or otherwise; and shall be
recorded in the Office of the County Recorder of Orange County, California.
10. 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, California.
11. 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.
12. 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.
Sung-Hee Suh and Peter E. Dolotta Encroachment Agreement 3
13. 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.
14. 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.
15. 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.
[SIGNATURES ON NEXT PAGE]
Sung-Hee Suh and Peter E. Dolotta Encroachment Agreement 4
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 2 Z
By: his )
A ron C. Harp gjla as t*r
ity Attorney
Date.—
ID 9-. W
Le'il'ani T. B`rjwn
City Clerk
CITY OF NEWPORT BEACH,
a California muni ipal corporation
Date:�_y? 12j)y2
By:
Gr .Leung
Ciff Manager
OWNER(S): Sung-Hee Suh and Peter E.
Dolotta
Date:
By: '��2
Sung-Hee Suh
Owner
Date: 9//,6�� ?
By.
Peter E. Dolotta
Owner
[END OF SIGNATURES]
Owners must sign in the presence of notary public
ATTACHMENTS: Exhibit A — Legal Description of Property
Exhibit B — Permitted Improvements Plan as Approved by
Public Works
Sung-Hee Suh and Peter E. Dolotta Encroachment Agreement 5
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California,
County of U SS.
On I 22 2022- before me, A1ck Notary
Public, personallyl appeared _ ee— ` who proved to
me on the basis of satisfactory evidence to be the ersonXwhose nameW is/subscribed to the within
instrument and acknowledged to me that jhd/she/tJ�6y executed the same in J�/her/tWr authorized
capacity({t), and that by �r s/her/ter signatures,(3`j on the instrument the person; or the entity upon
behalf of which the personCX 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 oeicial:;'seal.
t
Signature
ALEJANDRO LOPEZ
Notary Public - Califorlb
nia
Orange County_
Commission M 2309741
*.y Comm. Expires Oct 13, 2023
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of ss.
On 20 22 before me,
Public, personally appeared 2�: ey- �� ��, IDJ
(seal)
Notary
proved to me on
the basis of satisfactory evidence to be the personko whose namejz) is/subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(iX, and that by his/ r/tkf�ir signaturesW on the instrument the person' or the entity upon
behalf of which the persons 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.
0
WITNESS my hand official seal. Not ryJPubDRoCO►EoZnia ■
Orange County l
Commission M 2308741
y Comm. Expires Oct 13, 2023
Signature (seal)
Sung-Hee Suh and Peter E. Dolotta Encroachment Agreement 6
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
For AP LFLs ell s 459-141-20
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
PARCELI:
UOT 156 OF TRACT 1237, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA AS SHOWN ON A MAP RECORDS IN BOOK d , PAGE 20 OF MISCELLANEOUS
M6RS. IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, EXCEPT THAT PORTION
MORE PARTICULARLY DESCRIEED AS FOLLOW&
BEGINNING AT THE MOST NORTHERLY CORNER. OF SAID LOT 156; THENCE SOUTH 701, Sr 2D"
WEST ALONG THE NORTHWESTERLY LINE OF SAID LOT 156,70.00 FEET TO THE MOST
SOUTHERLY CORNER OF LOT 158 OF TRACT 1237, THENCE SOUTHEASTERLY IN A DIREGT
POINT BEING 44.00 FEET NORTHEASTERLY OF THE COMMON CORNER OF LOTS 160. 155 AND
156 OF SAID TRACT 1237, AS MEASURED ALONG THE SAID SOUTHEASTERLY LINE OF SAID LOT
156, THENCE NORTH 4r 3Z EAST 66.12 FEEL` TO THE MOST EASTERLY CORNER OF SAID LOT
156; THENCE NORTHERLY ALONG THE NORTHEASTERLY LINE OF LOT 156, 31.00 FEET TO THE
MOST NORTHERLY CORNER THEREOF AND THE POINT OF BEGINNINi3.
PARCERL Z
A PORTION OF LOT 165 OF TRACT 1237, AS SHOWN ON A MAP RECORDED 1N BOOK 40. PAGE 20
CF MISCELLANEQU-5 MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, EXCEPT THAT
PORTION MORE PARTIGUIM— DESCFUBED AS FOLLOWS,
BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 155; THENCE NORTH 43' 3? EAST
ALONG THE NORTHWESTERLY LINE OF MD LOT 155, 44.OD FEET; THENCE SOUTHEASTERLY IN
A DIRECT LIRE 52.42 FEET TO A FAINT 1N THE SOUTHERLY LINE OF SAID LOT 155, ;SAID POINT
BEING 31.42 FEET NORTHEAASTeRLY OF THE COMMON CORNER OF LOT 150 AND 156 OF
RIVERA TERRACE AS MEASURED ALONG THE SAID SOiJTE ERL.Y LINE OF SAID LOT 156,THENCE
SOUTHWESTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 155, 31A2 FEET TO SAID
COMMON CORNI=R OF LOT 150 AND 165; THENCE NORTH 53° 56, W WEST ALONG THE
$OUTHWESTERLY LINE OF SAID LOT 40.00 FEET TO THE WESTERLY CORNER THEREOF AND
THE POINT OF BEGINNING.
Sung-Hee Suh and Peter E. Dolotta Encroachment Agreement A-1
EXHIBIT B
PERMITTED IMPROVEMENTS PLAN
Sung-Hee Suh and Peter E. Dolotta Encroachment Agreement B-2
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RIVERA TERRACE
ARCHITECTURAL COBBLE PER LANDSAPE PLAN. AN
EG ENCROACHMENT PERMIT AND ENCROACHMENT
22G.42 TRC / AGREEMENT IS REQUIRED FOR ALL NONSTANDARD 2I..�J3 FL IMPROVEMENTS WITHIN THE PUBLIC RIGHT-OF-WAY. ALL
NONSTANDARD IMPROVEMENTS SHALL COMPLY WITH
/ CITY COUNCIL POLICY L-6.
229,22
N2022-0400 "Exhibit B"
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