HomeMy WebLinkAboutC-9079-1 - Encroachment Agreement EPN N99-262 for 4615 Brighton Road>? FECORDING REQUESTEC ND
WHEN RECORDED RETURN TO: Recorded in the County of orange, California
Gary L. Granville, Clerk/Recorder
Public Works Department
� City of Newport Beach III II I I I I I III I III I 1111111111111111
I II II II 2
VPost Office Box 1768 005 20021630 2199905454@l 3: 3$pm @7/26/99
3300 Newport Boulevard Al2 6 6.00 15.00 0.00 0.00 0.00 0.00
Newport Beach, CA 92659-1768
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT i �F
(EP99-262),,
THIS AGREEMEN F is made and entered into this [51/A day of ]Cr l
1999, by and between Henry Samueli (hereinafter "OWNER"), and the City of Newport each,
California, a municipal corporation organized and existing under and by virtue of its Charier
and the Constitution and the laws of the State of California, (hereinafter "CITY"). "OWNER" is
the owner of property located at 4615 Brighton Road, Newport Beach, California and legally
described as Lot 147, Tract 3357, as shown on a map recorded in Book 107, Pages 1 to 7
inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County,
California; t !
W ITNESSETH:
WHEREAS, OWNER desires to construct and maintain certain non-standard
improvements (hereinafter "PERMITTED IMPROVEMENTS") within the Brighton Road right-
of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to 4615 Brighton Road,
Newport Beach, California;
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 execute an agreement providing for fulfillment
of the conditions required by CITY to permit OWNER to reconstruct 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 a
grouted "Limestone" concrete driveway approach/sidewalk and app 0enances in the Brighton
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Road right -of -away as shop, . on EXHIBIT "A" attached hereto , as approved by the City
Engineer. In addition, the proposed PERMITTED IMPROVEMENT .a may vary at the time of
construction. Hence, any ,�hanges must be approved by the City Engineer 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, 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
therefor on file in the CITY's Public Works Department, and as described on Exhibit "A" hereto
attached.
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. In addition, no landscaping shall obstruct view to the adjacent residents. 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 improvem;) its are damaged by the
installation or presence of PERMITTED IMPROVEMENTS, OWN�::l 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:
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(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 or
restoration of the PERMITTED IMPROVEMENTS affected by such Work by CITY;
(iii) CITY agrees to bear only the cost of any ie noval of the PERMITTED
IMPROVEMENTS affects..' by such work by CITY;
(iv) OWNER agrees to pay all costs for renewal 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) 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.
6. OWNER shall defend, indemnify and hold harmless CH /, its City Council, boards
and commissions, officer- 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 shall accept the fact that surface drainage water may enter onto the
"SUBJECT PROPERTY" from "RIGHT-OF-WAY" located in the City of Newport Beach,
County of Orange, State of California, as depicted on Exhibit "A" attached hereto, whether
naturally or as a result of the development or improvement of the "RIGHT-OF-WAY".
8. OWNER shall accept and waive any and all liability for any damages to the
"SUBJECT PROPERTY" caused by the flow of such surface drainage water onto the
"SUBJECT PROPERTY". OWNER shall defend, indemnify, waivr:. and hold harmless CITY,
its City Council, boards and commissions, officers and employees from and against any and
all loss, damage, liability, Maims, suits, costs and expenses whatsoever, including reasonable
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attorneys' fees (when outsic, attorneys are so utilized), regardle_ of the merit or outcome of
any such claim or suit arising from or in any manner connected to surface drainage water
entering the "SUBJECT PROPERTY" from the "RIGHT-OF-WAY"
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 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 FORiv,:
By: .'
City Attorney
ATTEST:
City Clerk
CITY OF NEWPOP`� BEACH,
a Municipal corporate )n
OWNER:
By: �.
City anager
By:
ryI amueli
S
31-ATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
before me,vt 0.. Lee f ocu«kQ
personally
known to me (o proved tom on the basis of satisfactory evi(A( nc3e to be the person(s)
hose names) I re subscribed to the within instrument and acknowledged to me that
she/they has executed the same i is her/their authorized capacity(ies), and that by
i (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.
VIRGINIA LEE NOWICKI
v, COMM. # 1150829 D
�,� Q �'�� Notary Public California
ORANGE COUNTY
Notary kblic in and for said State My Commission Exp. 8/ 10/01 a
(This area for official notarial seal)
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On i. thj 16
personally appeared
On l t ,;/-
personally appear >
,1999,, before me,
personally
known to me (-&"r-eved--to--rye n-the-basis-of-satisfactary--P-viden-ce)-to be the person(s)
whose name(s) -is/are subscribed to the within instrument and acknowledged to me that
#eF~hey has executed the same in We&rerrfteir authorized capacity(ies), and that by
WR�hAr 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.
"r t
Notary Public in and for said State
S
LEissio V,I117
Commission # 1170960
Z ,P-i No, Public - Califomip
Orange County
My Comm. Expires Jon 25, 2002
(This area for official notarial seal)
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