Loading...
HomeMy WebLinkAboutC-9069-1 - Encroachment Agreement EPN N99-215 for 178 Shorecliff Drive5�J l RECORDING REQUESTEF 'AND �.. WHEN RECORDED RETUi ,A TO: C) Public Works Department �-- City of Newport Beach Post Office Box 1768 U 3300 Newport Boulevard Newport Beach, CA 92659-1768 Recorded in the Cc, ty of Orange, California Gary L. Granville, Clerk/Recorder 1$ 1 III 111 No Fee 19990444275 3:31pm 06/15/99 005 24016138 24 18 Al2 8 6.00 21.00 0.00 0.00 0.00 0.00 Space, above this line for Recorder's use only. ,40,y ENCROACHMENT AGREEMENT PV , l&°�� y'A (EP99-215) �� l THIS AGREEMENT is made and entered into this / ���� day of 1999, by and between Scott Mason and Karin Krogius (hereinafter "OWNER"), and the City of 3%T 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 178 Shorecliff Drive, Newport Beach, California and legally described as Lot 99, Tract 1116, as shown on a map rE.,;orded in Book 36, Pages 19 and 20 inclusively of INJiscellaneous Maps in the office of the County Recorder of Orange County, California; WITNESSETH: WHEREAS, OWNER desires to construct and maintain certain non-standard improvements (hereinafte( "PERMITTED IMPROVEMENTS") within the Shorecliff Drive right- of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to 178 Shorecliff Drive, 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 agreeni( nt providing for fulfillment of the conditions required by CITY to permit OWNER to recor ,struct 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 a!: a grouted flagstone concrete driveway approach/walk and appurtenances in the Shorecliff Drive 1 right -of -away as shown c EXHIBIT "A" attached hereto ai 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 "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 OWNFIR to take all reasonable measures necessary or convenient in accomplishing the aforesaid a•:;tivities. 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 IMPRUJEMENTS in accordance with general prevailing standards of maintenance, and pay all costs and expenses incurred in doing so. In addition, no ;andscaping 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 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: 2 (i) CITY shall notify OWNER of its intentici , 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 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 improvemen.s installed by OWNER. Termination because of breach shall be upon a minimum of ten t,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 CITY, its City Council, boards and commissions, officers and employees from and against any and all loss, damage, liability, claims, suits, costs and :.,xpenses 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 "RGIHT-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, 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 3 attorneys' fees (when outo attorneys are so utilized), regardL -i of the merit or outcome of any such claim or suit arising from or in any manner connected Lo surface drainage water entering the "SUBJECT P"30PERTY" 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 causcid this Agreement to be executed on the day and year first -above written. APPROVED AS TO FORM: By: Citv Attornev City Clerk CITY OF NEWPORT BEACH, a Municipal corporation JER: By: k o. City Manager Scott Karin Krogiu N CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } ss. County of �.r. J U L On e before me, i D ( ►� Date I Name and Title of Officer e.g., 'Jane'Yoe, Notary Publi ") personally appeared UNDA MARTINSON Commission # 121692D Z i Notary Public - Callfomia Orange County MyCarmti 6q�ires Mgy21, 2{l03 Signer(s) personally known to me e�e to be the person(> whose name( is/* subscribed to the within instrument and acknowledged to me that K/she/th* executed the same in */her/t1* authorized capacity(1V1Q1 and that by l"K/her/yr signature(j) on the instrument the person, or the entity upon behalf of which the person(O acted, executed the instrument. WITNESS my hand and official seal. _,a ��� my —;A o�64�� 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 Title or Type of Document: 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 Top of thumb here © 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 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of County of Old eo�'Ve On A;y before me, � �_/y t2cu21,) DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC' personally appeared C�ce,CZ/ "e5 50X_, NAME(S) OF SIGNER(S) PI"Personally known to me - OR - El 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 ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their PAM (UNE signature(s) on the instrument the person(s), :tea,• . COMM. # 1082385 C0 or the entity upon behalf of which the (o NORANotary ORANGE NtoY X person(s) acted, executed the instrument. ORANGE COUNTY �.,a My Gomm Gv�c.-.. �-- --- WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of �'� "�f� ss. On �D before me, Date ` `Name itle of Officer (e.g., "Jane Doe, Notary Public" personally appeared\�VV� �•\��a'� ` �(f V J�'���' Name(s) of Signer(s) personally known to me �f ❑ proved to me on the basis of satisfactory evidence to be the personsl)whose name is/ re cA'"'Y subscribed to the within instr ent and Commission # 1174329 Notary Public - California i Z Orange County My Comm. Bpires Feb 21, 2002 W N ESS my hand and off i ial seal. Place Notary Seal Above Signa Notary Public acknowledged to me that he/ the executed the same in his/he their author d capacity and that by his/her their signaturd(�), n the instrument the perso �(s , or the entity upon behalf of which the perso 1(s acted, executed the instrument. 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 D cument Title or Type of Document:' �' ( J�"��' 4 Document Date: ` Number of Pages: 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: RIGHT THUMBPRINT OF SIGNER © 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