HomeMy WebLinkAboutC-6978 - Encroachment Agreement EPN N2007-0170 for 5216 River Avenuedo
RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
s
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
IIIIIII illlllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll42.ao
2007000311912 03:43pm 05/14/07
227 186 Al2 13
0.00 0.00 0.00 0.00 36.00 0.00 0.00 0.00
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
(EPN2007-0170)
THIS AGREEMENT is made and entered into this 20 day of
P� C_ 2007, by and between Douglas P. Collier and Wende A. Zomnir,
Trustees on The Collier Family 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 5216 River Avenue, Newport Beach, California 92663 and
legally described as Lot 18 of Tract 3162, as shown on a map recorded in Book 95, Pages 16
through 18 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 River Avenue right-of-way
(hereinafter "RIGHT-OF-WAY") that is located adjacent to the parcel legally described as Lot
18 of Tract 3162, as shown on a map recorded in Book 95, Pages 16 through 18 inclusively of
Miscellaneous Maps in the office of the County Recorder of Orange County, California; also
known as 5216 River Avenue, Newport Beach, California; 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 16 foot wide and a 16 foot wide driveway approach which encroaches up
to ten feet into the public right-of-way, constructed with natural grey
concrete with seashells added for color. 2.) 4 foot wide Carriage walk
constructed with natural grey concrete with seashells added for color
which encroaches up to ten feet into the public right-of-way. 3.)
Landscaping with plants in the line of sight no higher than 30 inches as
approved by General Services 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 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
2
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.
3
(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 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
4
otherwise, and shall be recorded in the Office of the County Recorder of Orange
County, California.
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.
A
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:
4�11 C — ff 41;;�
Aaron Harp, Asst. City Atto
ATTEST:
in
LaVonne Harkless, City Clerk
CITY OF NEWPORT BEACH,
a Municipal corporation
Homer Blud u, City Manager
OWNER: The Collier Family Trust
By:
Trustee, Douglas P. Collier
Trustee, Wende A. Zomnir
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On 0 200 , before me, Q e
personally appeared l�?f personally known to
me (or proved to me on the` asis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they has executed the same
in his/her/their authorized capacity(ies), and that by his/her/their 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. SHELLEYCHRISTENSEN
41�)My
.#1523429
Notary PUbliaCalifornla CALUORANGE COUNTY,noon 0 Comm. Exp. Oct 31, 2008
Notary Public i and for said State
(This area for official notarial seal)
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE )
On ��( I i Q 200-�J, before me, E
personally appeared ALAzo � 1 r personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they has executed the same
in his/her/their authorized capacity(ies), and that by his/her/their 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.
— 1LQWLX)nj6�"AA
Notary Public in and for said State
(This area for official notarial seal)
SHELLEY CHRISTENSEN
• COMM. #1523429
y m Notary PUbHc.Calltomla
UJ ORANGE COUNTY -+
My Comm. Exp. Oct 31, 2008
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NOTE:
THE OWNER UNDERSTANDS THAT THE
CITY HAS THE RIGHT TO REMOVE
TREES AND OTHER PLANTS IN
THE CITY R.O.W. TO CONSTRUCT
SIDEWALKS OR OTHER CITY
IMPROVEMENTS
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CITY CLERK'S ACKNOWLEDGMENT
State of California
County of Orange
On May 7, 2007 , 2007, 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 person acted, executed the instrument.
Dated this 7th day of May 2007.
CAPACITY OF SIGNER
Municipal Corporation Officer
Citv Manager
SIGNER IS REPRESENTING:
City of Newport Beach
WITNESS my hand and official seal.
LAVONNE M. HARKLESS, CITY CLERK
CITY OF NEWPORT BEACH, CALIFORNIA
DESCRIPTION OF ATTACHED
DOCUMENT:
Encroachment Aareement
EPN2007-0170
# of Pages 9
Document Date: 05/20/2007
Signer(s) other than named:
Douglas P. Collier, Wende A. Zomnir
Aaron C. Harp
RECORDING REQUESTED BY
BEST BEST & KRIEGER LLP (SJM)
WHEN RECORDED RETURN TO
Douglas Paul Collier and Wende Anne Zomnir, Trustee
5216 River Avenue
Newport Beach, CA 92663
Recorded in Official Records
orrr Daly,Clerk-Recorder00
Orange County
Illill illli IIIII IIIII Ilill IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
2005000750636 08.22am 0916,
109 D10 1 22/0S
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
QUITCLAIM DEED
THE UNDERSIGNED GRANTOR DECLARES:
Documentary Transfer Tax is $0.
This is a transfer by grantors to a revocable living trust
for the benefit of grantorsfor no consideration,
Parcel Number 1 14-222-10
Commonly known as 5216 River Ave., Newport Beach, CA
FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, Douglas Collier and Wende
Zomnir, husband and wife as community property, hereby REMISE, RELEASE AND FOREVER QUITCLAIM to
Douglas Paul Collier and Wende Anne Zomnir, Trustee of The Collier Family Trust dated September 12, 2005, all
of their interest in and to the following described real property in the County of Orange, State of California:
Lot 18 of Tract 3162, in the City of Newport Beach, County of Orange, State of California, as per
Map recorded in Book 95, Pages 16 to 18, Inclusive of Miscellaneous Maps, in the Office of the
County Recorder of said County.
Dated: September 12, 2005
DO
Dated: September 12, 2005
STATE OF CALIFORNIA
COUNTY OF ORANGE
On September 12, 2005, before me, the undersigned notary public, personally appeared DOUGLAS COLLIER and
WENDE ZOMNIR; proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) mare subscribed to the within instrument and acknowledged to me that he/shethey
executed the same in hi&4w4their authorized capacity(ies), and that by hi0w4their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Votary
MAIL TAX STATEMENTS TO:
Douglas Paul Collier and Wende Anne Zomnir, Trustee
5216 River Avenue
Newport Beach, CA 92663
Ifr1wu I®
Cominm" # 1406W
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RVBUS\BIS\663251.1
PRELIMINARY CHANGE OF OWNERSHIP REPORT
(To be completed by transferee (buyer) prior to transfer of subject property in accordance with Section
480.3 of the Revenue and Taxation Code.) A Preliminary Change of Ownership Report must be filed
with each conveyance in the County Recorder's office for the county where the property is located; this
particular form may be used in all 58 counties of California.
THIS REPORT IS NOT A PUBLIC DOCUMENT
SELLER/TRANSFEROR: Douglas Collier and Wende Zomnir, husband and wife as
community property
BUYER/TRANSFEREE: Douglas Paul Collier and Wende Anne Zomnir, Trustee of
The Collier Family Test dated September 12, 2005
ASSESSOR'S PARCEL NUMBER: 1 14-222-10
PROPERTY ADDRESS/LOCATION: 5216 River Ave., Newport Beach, CA
MAIL TAX INFORMATION TO: Douglas Paul Collier and Wende Anne Zomnir
5216 River Avenue
Newport Beach, CA 92663
FOR RECORDER'S USE ONLY
NOTICE: A lien for property taxes applies to your property on March 1 of each year for the taxes owing in the following fiscal year, July 1
through June 30. One-half of these taxes is due November 1, and one-half is due February 1. The first installment becomes delinquent on
December 10, and the second installment becomes delinquent on April 10. One tax bill is mailed before November 1 to the owner of
record. IF THIS TRANSFER OCCURS AFTER MARCH 1 AND ON OR BEFORE DECEMBER 31, YOU MAY BE RESPONSIBLE FOR
THE SECOND INSTALLMENT OF TAXES DUE FEB 1.
The property which you acquired may be subject to a supplemental assessment in an amount to be determined by the County Assessor.
For further information on your supplemental roll obligation, please call the County Assessor.
PART I: TRANSFER INFORMATION Please answer all questions
YES NO
❑ 0
A.
Is this a transfer solely between husband and wife? (Addition of a spouse, death, divorce, settlement, etc.?)
❑ 0
B.
Is this transaction only a correction of the name(s) of the person(s) holding title to the property?
❑ 0
C.
Is this document recorded to create, terminate, or reconvey a lender's interest in the property?
❑ 0
D.
Is this transaction recorded only to create, terminate or reconvey a security interest?
❑ 0
E.
Is this document recorded to substitute a trustee under a deed of trust, mortgage or other similar document?
❑ 0
F.
Did this transfer result in the creation of a joint tenancy in which the transferor remains as one of the joint tenants?
❑ 0
G.
Does this transfer return the property to the person who created the joint tenancy (original transferor)?
H. Is this transfer of property:
0 ❑ 1. to a trust for the benefit of the grantor, or grantor's spouse?
0 ❑ 2. to a trust revocable by the transferor?
❑ 0 3. to a trust from which the property reverts to the grantor within 12 years?
❑ 0 I. If this property is subject to a lease, is the remaining lease term 35 years or more including written options?
❑ 0 J. Is this transfer from parents to children or from children to parents?
❑ 0 K. Is this transaction to replace a principal residence in by a person 55 years of age or older?
❑ 0 L.. Is this transaction to replace a principal residence by a person who is severely disabled as defined by Revenue
and Taxation Code Section 69.5?
If you checked yes to j, k or I, an applicable claim form must be filed with the County Assessor.
Please provide any other information that would help the Assessor to understand the nature. of the transfer.
IF YOU HAVE ANSWERED "YES" TO ANY OF THE ABOVE QUESTIONS, EXCEPT J, K OR L, PCEASE S,Ir,N AND DATE,
OTHERWISE COMPLETE THE BALANCE OF THE FORM.
PART II: OTHER TRANSFER INFORMATION
A. Date of transfer if other than recording date
B. Type of transfer. Please check appropriate box.
❑ Purchase ❑ Foreclosure ❑ Gift ❑ Trade or Exchange
❑ Contract of Sale - Date of Contract
❑ Inheritance - Date of Death •❑ Other: Please Explain:
❑Creation of Lease ❑ Assignment of Lease ❑ Termination of Lease
Date Lease Began:
Original Term in Years (including written options):
Remaining Term in Years (including written options):
C. Was only partial interest in the property transferred? ❑ Yes ❑ No
If yes, indicate the percentage transferred %
PRELIMINARY CHANGE OF OWNERSHIP REPORT
Please answer, to the best of your knowledge, all applicable questions, sign and date. If a question does not apply, indicate with "N/A."
PART III: PURCHASE PRICE & TERMS OF SALE
A. CASH DOWN PAYMENT or Value of Trade or Exchange (excluding closing cost)Amount $
B. FIRST DEED OF TRUST @ % interest for years. Pymts/Mo = $ (prin & int only) Amount $
❑ FHA ❑ Fixed Rate ❑ New Loan
❑ Conventional ❑ Variable Rate ❑ Assumed Existing Loan Balance
❑ VA ❑ All Inclusive D.T. ($ Wrapped) ❑ Bank of Savings & Loan
❑ Cal -Vet ❑ Loan Carried by Seller ❑ Finance Company
Balloon Payment ❑ Yes ❑ No Due Date Amount $
C. SECOND DEED OF TRUST @ % interest for years. Pymts/Mo = $ (prin & int only) Amount $
❑ Bank or Savings & Loan ❑ Fixed Rate ❑ New Loan
❑ Loan Carried by Seller ❑ Variable Rate ❑ Assumed Existing Loan Balance
Balloon Payment ❑ Yes ❑ No Due Date Amount $
D. OTHER FINANCING: Is other financing involved not covered in (b) or (c) above? • Yes • No
❑ Bank or Savings & Loan El Fixed Rate ❑ New Loan
❑ Loan Carried by Seller ❑ Variable Rate ❑Assumed Existing Loan Balance
Balloon Payment ❑ Yes ❑ No Due Date Amount $
E. IMPROVEMENT BOND ❑ Yes ❑ No
Outstanding Balance: Amount $
F. TOTAL PURCHASE PRICE (or acquisition price, if traded or exchanged, include real estate commission if paid.) $
TOTAL ITEMS A THROUGH E $
G. PROPERTY PURCHASED ❑ Through a broker ❑ Direct from seller ❑ From a family member ❑ Other(explain) _
If purchased through a broker, provide broker's name and phone number:
Please explain any special terms, seller concessions, or financing information that would help the Assessor understand the
purchase price and terms of sale.
PART IV: PROPERTY INFORMATION
A. IS PERSONAL PROPERTY INCLUDED IN THE PURCHASE PRICE?
(Other than a manufactured home subject to local property tax)? ❑ Yes ❑ No
If yes, enter the value of the personal property included in the purchase price $ (Attach itemized list of
personal property)
B. IS THIS PROPERTY INTENDED AS YOUR PRINCIPAL RESIDENCE? ❑• Yes ❑ No
If yes, enter date of occupancy: (month) /(day) , 19
or intended occupancy: (month) /(day) 19
C. TYPE OF PROPERTY TRANSFERRED:
❑ Single-family residence ❑ Agricultural ❑ Timeshare
❑ Multiple -family residence (No. of units ) ❑ Co-op/Own-your-own ❑ Mobilehome
❑ Commercial/Industrial ❑ Condominium ❑ Unimproved lot
❑ Other
(Description):
D. DOES THE PROPERTY PRODUCE INCOME? ❑ Yes ❑ No If yes, is the income from:
❑ Lease/Rent ❑ Contract ❑Mineral Rights ❑ Other— Explain:
E. WHAT WAS THE CONDITION OF THE PROPERTY AT THE TIME OF SALE?
❑ Good ❑ Average ❑ Fair ❑ Poor
Enter here, or on an attached sheet, any other information that would assist the Assessor in determining the value of the property such as
the physical condition of the property, restrictions, etc.
I certify that th fo egoing is true, correct and complet s t of my knowledge and belief.
Signed:jr Date:
*`NtsW Owner/Corporate Officer 4-161 ' 1
Please Print Name of New Owner e'O icer: Douglas Paul Collier and Wende Anne Zomnir, Trustee
Phone Number where you are available from 8:00 a.m. to 5:00 p.m.: Soo J. Myland, Esq. (951) 686-1450
(NOTE: The Assessor may contact you for further information)
If a document evidencing a change of ownership is presented to the recorder for recordation without the concurrent filing of a preliminary
change of ownership report, the recorder may charge an additional recording fee of twenty dollars ($20)
Page 1 of 2
Assessor Parcel Number: 114 222 10
Site Address: 5216 RIVER AVE
NEWPORT BEACH, CA 92663
Year Built: 1959 Number of Units: 0
Owner: COLLIER FAMILY TRUST
CoOwner:
Mailing Address: 5216 RIVER AVE
NEWPORT BEACH, CA 92663
Transfer Date: 9/22/2005
Price: $0
Land Use: 122 RESSINGLE FAMILY RESIDENTIAL
Legal Descr: N TR 3162 LOT 18
Year Built: 1959
Lot SgFt: 4,120
Land Value: $482,365
Structure Value: $57,927
Other Value: $0
Total Value: $540,292
Number of Units: 0
Bldg SgFt: 1,176
Tax Rate Area: 07023 05-06 Taxes: $5,713
City Tax Percentage: 0.1701879 City Portion: $996.06
Secured Assessor_ Information for 114 2.22 10_
Land Value: $492,012 -
Improvement Value: $100,258
Other Improvement Value: $0
Personal Property Value: $0
Gross Value: $592,270
Exempt Amount: ($7,000)
Total Net Value: $585,270
http://www6. city.newport-beach. ca.us/website/EmployeeSiteReportlAssessorinfo. asp?U... 04/09/2007