HomeMy WebLinkAboutC-9071-1 - Encroachment Agreement EPN N99-195 for 717 Jasmine Avenue-- RECORDING REQUESTEC 'ND /✓{
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WHEN RECORDED RETUI.4 TO: Gary L. GranvillUe�yG°f orange caiifor
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1 erk/Recorder nia
Public Works Department iiillillillilllj 27, 00
City of Newport Beach 19990448206 2; 52
Post Office Box 1768 A025816010043 00 21.019 330 0.00 0.000.00pm 06/16/99
� 3300 Newport Boulevard 0.00
Newport Beach, CA 92659-1768
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT � PA<A
(EP99-195)5
r�1
THIS AGREEMENT is made and entered into this �J� day of AV _1 , �}
1999, by and between Michael K. William (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 717 Jasmine Avenue, Newport Beach, California
and legally described as Corona Del Mar Tract, Lot 17, Block F ;..6 (hereinafter "SUBJECT
PROPERTY"), as shown on a map recorded in Book 1, Page 88 inclusively of Miscellaneo!.is
Maps in the office of the C.:;unty Recorder of Orange County, California;
WITNESSETH:
WHEREAS, OWNER desires to construct and maintain certain non-standard
improvements (hereinafter "PERMITTED IMPROVEMENTS") within an existing 10-foot Public
Utility Easement (hereinafter "EASEMENT"), recorded on January 22, 1975 as legally
described in Official Record No. 11327/498 (Book 11327, Page 498) serving of Corona Del
Mar Tract, Lot 17, Block 736, as shown on a map recorded in Book 1, Page 88 inclusively of
Miscellaneous Maps in the office of the County Recorder of Orange County, California; and
WHEREAS, said PERMITTED IMPROVEMENTS may interfere in the future with
CITY'S ability to construct, operate, maintain, and replace CITY an I other public facilities and
improvements within EASEMENT; and
WHEREAS; the pariies hereto desire to execute an agreement providing for fulfillment
of the conditions required by CITY to permit OWNER to construct, reconstruct and maintain
said PERMITTED IMPROVEMENTS;
1
NOW, THEREFOPE j consideration of the mutual prorr. ;s, the parties hereto agree
as follows:
1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as a
structural building and appurtenances in the 10-foot EASEMENT as shown on EXHIBIT "A"
attached hereto and as approved by the City Engineer. In addition, the proposed
PERMITTED IMPROVEMENTS may vary at the time of construction. Hence, any changes
must be approved by the City Engineer and shall be shown on the 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 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. If permitted improvements interfere in the future with CITY's ability to construct,
operate, maintain, and replace CITY and other public facilities and improvements within
EASEMENT, then the 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. OWNEF 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.
2
d. That sh. ,ald CITY be required to enter onto saiu EASEMENT to exercise its
primary rights associated with said 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 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 ret,ewal or restoration of the
PERMITTED IMPROVEMIF NTS.
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
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, unless the breach is
cured within such 10 day period, 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, waive, 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 i -�asonable 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 "EASEMENT" 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 "EASEMENT".
3
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, waive 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 6; surface drainage water
entering the "SUBJECT PROPERTY" from the "EASEMENT".
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.
CITY OF NEWPORT BEACH,
a Municipal corporation
APPROVED AS TO FORM:
By: _ By: �•
City Attorney C Manager
AT'
City Clerk
•
By: z✓
Michael K, Williams
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of �� �o-' ss.
On y - I before
Date Name ali`le of Officer (e.g., "Jane Doe, Notary Pu ")
personally appeared
Name(s) of Signer(s)
CATHY � QSt IER
Commission # 1174329
z5 Notary Public - California
Orange County
j 0 — — — —
My Comm. 50% Feb 21, 2002
Place Notary Seal Above
n n eo_
proved to me on the basis of satisfactory
evidence
to be the person( *- whose name*%)C)/are
subscribed to the wit instrument and
acknowledged to me that4ieahe/they executed
the same in isl�ler/their authorized
capacity(i�*, and that by C §/her/their
signature(s , on the instrument the person(X or
the entity upon behalf of which the person
acted, executed the instrument.
IT. ESS my hand a official seal.
Signa)re o Nolary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: IC�
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
RIGHT THUMBPRINT
OF SIGNER
.p of thurnb here
0 1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827
CALIFORNII&LL-PURPOSE ACKNOWLEDGMENT
State of California
�.(r (
County of t/!`- I`�nlY ss.
On 6•4+( , before me, h) 4' )ncS ,
Date �,I-,,0,� Name and Title of Officer (e.g., "Jane Doe, Notary Public")
personally appeared �7W►� E1MA
Name(s) of Signer(s)
i
LEILANI V. INES
Commission # 1170960 z
Z :F* Notary Public - California
Orange County
My C;xnm. Expires Jan 25, 2002
X personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(* is/aFe
subscribed to the within instrument and
acknowledged to me that hey executed
the same in hislh� authorized
capacity(ie-,-�-, and that by hiss
signature{) on the instrument the person(, or
the entity upon behalf of which the personF&)
acted, executed the instrument.
WITNESS my hand and official seal.
ccf " V . JAMV
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document n-j /{�,
Title or Type of Document: Cir "I
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Officer— Title(s):
❑ Partner — Ll Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
RIGHT THUMBPRINT
OF SIGNER
0 1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827