HomeMy WebLinkAboutC-9062-1 - Encroachment Agreement EPN N98-018 for 3709 Ocean Blvdr/1,
RECORDING REQUESTED AND Recorded in the County of orange, California
WHEN RECORDED RETURN T0: Gary L. Granville, Clerk/Recorder
N .11111111111111111111111 No Fee
Q Public Works Department 19980209634 11:24dm 04/09/98
City of Newport Beach A125724016.00641 18.00 0.00 0.00 0.00 0.00
Post Office Box 1768
3300 Newport Bouleva; d
V Newport Beach, CA 92659-1768
Space above this line for Recorder's use only.
ENCROACHM-ENT AGREEMENT
(EP98-018)
THIS AGREEMENT is made and entered into this 2 L4+1& day of OA"C A ,
1998, by and between Gary Feldman and Florence Feldman (hereinafter "OWNER"), and the IT
City of Newport Beach, California, a municipal corporation organized and existing under and =J
by virtue of its Charter and the Constitution and the laws of the State of California, (hereinafter 1,0
"CITY"), "OWNER" is the owner of property located at 3709 Ocean Boulevard, Newport r
Beach, California and legally described as portion of Block "A", Map of Corona Del Mar, as
shown on a map recorded in Book 3, Pages 41 and 42 inclusively of Miscellaneous Maps in
the office of the County Recorder of Orange County, California;
WITNESSETH:
WHEREAS, OWNER desires to construct and maintain certain non-standard
improvements (hereinafter "PERMITTED IMPROVEMENTS") within the Ocean Boulevard
right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to 3709 Ocean
Boulevard, 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
1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as a
glass railing, brick verner planters, brick verner walls, concrete stairways, landscaping, and
appurtenances in the Ocean Boulevard right -of -away as shown on EXHIBIT "A" attached
hereto and as approved by the City Engineer.
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, ana pay aii costs and expenses incurred in
doing so. In addition, any new and existing trees, shrubs, and landscaping that are on the
adjacent City property shall be maintained at the roof line of the existing structures at all
times. 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
2
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 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 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 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.
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CITY OF NEWPORT BEACH,
a Municipal corporation
APPROVED AS TO FORM:
By: By:
City Attorney Mayor
ATTEST:
OWNER:
�UltiYlt'i i��' �r �� By:
City Clerk
n V 1! , CJ� l�l U(.0 k-
� By.
Florence Fe dman
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On A(Wq 100 1 C}6{ ? 1998, before me, 6hiwA Aa)LA , k-kej U,G
personally appeared C-IA Q-L4 VeLDM A f4 ,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/9?6 subscribed to the within instrument and acknowledged to me
that he/0(6/tl 4y has executed the same in his/Vr/thAr authorized capacity(ies), and that by
his/be!rr/th)24r signature(s) on the instrument the person(s) or the entity upon behalf of which the
person acted, executed the instrument.
WITN SS my hand and official seal. SANDRAARTOLA
_ Commission # 11647Q7
Notary Public - California
Orange County
My comm. Expires Dec 7, 2001
otary ublic in and or said State -12-- — —
(This area for official notarial seal)
STATE OF CALIFORNIA
) ss:
COUNTY OF ORANGE )
On "Paco 10 . 1g12 1998, before me, mllq korp(A.—"
personally appeal "-E- � L-i�YYl8 t'S ,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/lee subscribed to the within instrument and acknowledged to me
that FX/she/thK has executed the same in 04�/her/tl- it authorized capacity(ies), and that by
1�9/her/th,olir signature(s) on the instrument the person(s) or the entity upon behalf of which the
per n acted, executed the instrument.
WI NESS m hand and officials I. snNDRAARTou�
y Commission # 1164707
Z -� Notary Public - California
Orange County
My Comm. Expires Dec 7, 2001
N ry Public in for said State✓
(This area for official notarial seal)
F:\USERS\WP51\GILBERTWG\FELDCDM8.DOC
5
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE )
On CA 0), ` i 1998, before me, Uaw- N�
personally appeared �• V (' `
personally known to me to be the
person(s) whose name(s)are subscribed to the within instrument and acknowledged to me
that1*/fie/they has executed the same in his' A96r/their authorized capacity(ies), and that by
KsVr/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.
CATHY FISHER
Commission # 1174329
4
i .` Notary Public - California
Orange County
Notary Publi n and for said State My Comm. 6pIresFeb 21,2002
(This area for official notarial seal)
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On 1998, before me,
personally appeared
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.
Notary Public in and for said State
F:\USERS\WP51\GILBERTIAG\FELDCOM8.DOC
(This area for official notarial seal)
1
December 14, 1998
Richard K. Natland
9 Windsor
Newport Beach, CA
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
(714) 644-3311
�VA;o- ct to
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,�Amvd 6AWA"'a V"',
Re: Encroachment Permit(s) No(s). EP98-018
Job Address: 3709 Ocean Blvd.
Dear Mr. Natland,
The Public Works Department is attempting to sign off on all permits ready for
final inspections. Our records currently show the permit(s) listed above has not
had a final inspection by our department. The necessary work has probably
been finished for some time now and all we need is a call from you to let us
know that is the case, and we can send out an inspector to do the final
inspection.
If you would be kind enough to phone me at 949-644-3311 regarding the status
of the permit(s) listed above, it would enable me to complete the process and
order final inspections where necessary so that we can file these away as
"Completed".
Thank you for your cooperation,
�1-q" na-e-ho
Shari S. Rooks
Public Works Secretary
Copy of permit(s) attached
F:\Users\PBW\Shared\ENCROACH\L-Old Permits to Final.doc
-31o111
(cajun NOV6-4i ra,j at. j qt,2- .
3300 Newport Boulevard, Newport Beach