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HomeMy WebLinkAboutC-9067-1 - Encroachment Agreement EPN N99-164 for 206 Driftwood RoadINn 'RECORDING REQUESTEC ND L✓ �— WHEN RECORDED RET(JhiJ TO: Recorded in the county of orange, California Gary L. Granville, Clerk/Recorder C:> Public Works Department IIII III I III I I IIIII IIIIIIII I I IIIII III No Fee City of Newport Beach 19990375995 09 ; 48am 05/21 /99 Post Office Box 1768 005 2017813 02 49 �j 3300 Newport Boulevard Al2 7 6.00 18.00 0.00 0.00 0.00 0.00 Newport Beach, CA 92659-1768 Space above this line for Recorder's use only. �isl PO NCROACHMENT AGREEMENT Gt5 (EP99-164) THIS AGREEMENT is made and entered into this day of ak 1999, by and between Carol Altieri (hereinafter "OWNER"), and the City of Newport 4each, 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 206 Driftwood Road, Newport Beach, California and lega'ly described as Lot 17, Tract 1116, as shown on a map recorded in Book 36, Pages 19 and 20 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; WITNESSETH: WHEREAS, OWNER desires to construct and ma.intr­n certain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") wither, the Driftwood Road right- of-way (hereinafter "RICr'T-OF-WAY") that is located adjacent to 206 Driftwood 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 IMPROVEME:i 4TS shall be defined as a grouted flagstone concrF t 3 driveway/approach, grouted flagstc,--,:: concrete walkway, a,Ad 1 appurtenances in the Drittvv J Road right -of -away as shown on ;HIBIT "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 "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 �.Nill 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 terming lion. CITY shall incur no liability whatsoever in the event of the termination of this Agreemer�' 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. Any landscaping that is within the Ocean Boulevard right-of-way shall be low growing and be maintained at all times to permit a view down to the beach and white water area where possible. The landscape plan shall be reviewed ar!i approved by the Public Works Department. In addition, no landscaping shall obstruct vie�-v to the adjacent residents. However, nothing herein -,hall be construed to require OWNER to r1aintain, replace or rep, -sir 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 2 maintenance, removal, repE renewal, replacement or enlargem : 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 intentio to accomplish such work, if any emergency situation Joes 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, ,;ITY may enter upon the RIGHT-OF-WAY and remove all or part of the improvemen►-3 installed by OWNER. Termination because of t;ieach shall be upon a minimum of ter, t10) 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 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 th(; City of Newport Beach, County of Orange, State of California, as depicted on Exhibit "A" attached hereto, whether naturally or as a result of tree 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 3 "SUBJECT PROPERTY". C NER shall defend, indemnify, wa: 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 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 %-� 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 FORM: By: -- City Attorney ATTEST: City Clerk CITY OF NEWPORT BEACH, a Municipal corporation OWNER: By: Z. Cit Manager r",v ( By: % Carol Altien D.OVERBY comm. #1195005 NOTARY PUBLIC • CALIFORNIA j .. ORANGE COUNTY My Comm. Expires Aug. , 2002 cam, 0 +'pin 0) 11 .,F TV 3 v a 4— NP - V 14 -e - 9 \ i 4 ` Qtoo y 100, s Iri 1 0) .n 10Irl YYIW � /� � •� � , j� ti� �61 � V ,S I,'i I �' if If i ,I 7JV13U N3d 9 r. 3did „ti 71 f 2 I A W-Wbb P Hj, Vo yddV ! I 3VV&O 1SI.X3 WW3M I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of OVan ss. On 5 before me, V�iI �U� i v `► I� Date I_h Name and Title of Officer (e.g., 'Jane Doe, Notary Public") personally appeared g�U�ay Name(s) of Signer(s) +--- LEILANI V. INES Commission # 1170960 z No -cry Puolic - Colifornia Z '` Orange County my Comm. Expires Jan 25, 2002 J( personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(* whose names} is/afa. subscribed to the within instrument and acknowledged to me that hels&I� executed the same in his'"@+r authorized capacity(+ee}- and that by his'heF�t„ei signature(} on the instrument the person(.)., or the entity upon behalf of which the person(.} acted, executed the instrument. WITNESS my hand and official seal. �. v Aqil 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 State of �00ri(9 County of CD,^-4!2tC On t q Y-Y91 before me,hltC , D e jj Name and Title of Offic (e.g., "Jane Doe, Notary P lic") //� personally appeared l a 1-C'1 A I� 1 gri Of Sig no;(s) ❑ personally known to me - OR -proved to me on the basis of atisfactory evidence to be the person(s) whose name(s is re subscribed to the within instrument and acknowledged to me that they executed the same in hiee th& authorized capacity(ioa), and that by he th& signature(s) on the instrument the person(s), DOVERBY or the entity upon behalf of which the person(s) acted, . .- executed the instrument. Of1nM. ff I I V020 NOTARY PUBLIC -CALIFORNIA phi ORANGE COUNTY WITNESS my nd and offi. 'al seal. My Cumm. Expires Aug, 0, 2002 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: - v'-` �l % Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) 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 7MUM-b here Signer's Name: 0 i Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER .p of thumb here 0 1994 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827