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Home My WebLink AboutC-9060-1 - Encroachment Agreement EPN N97-472 for 412 Carnation Avenue1 RECORDING REQUESTED JD OQ WHEN RECORDED RETURN TO. - Public Works Department City of Newport Beach V Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92659-1768 Recorded in the -ounty of Orange, California Gary L. Granville, Clerk/Recorder II I I I I I I I I II II I I II II I I II II 21.0 0 19980020393 12; 07pm 01/14/98 JAN 2 005 14013718 14 23 Al2 6 6.00 15.00 0.00 0.00 0.00 0.00 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT (EP97-472) �ev '� THIS ,AGREEMENT is made and entered into this day of 1W, by and between Kurt Christiansen (hereinafter "OWNER"), and the City Aewportlgeach, 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 412 Carnation Avenue, Newport Beach, California and legally described as Lot 14, Block 331, Corona Del Mar Tract, 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; WITNESSETH: WHEREAS, OWNER desires to construct certain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within Carnation Avenue public right-of-way serving of lot 14, Block 331, Corona Del Mar Tract hereinafter "RIGHT-OF-WAY", 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 and other public facilities and improvements within the "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 construct, 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 concrete entrance stairway, 3' high retaining wall, raised concrete block planters, and appurtenances within the " R,6HT-OF-WAY" as shown on EXHlb. i "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 "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' written notice, with prior City Council approval, 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 as a result of exercising it's easement rights to maintain, repair, or replace it's sewer line. 4. OWNER and CITY further agree as follows: a. OWNER may, at owner's cost and expenses, 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. 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 all 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: (i) CITY shall reasonably notify OWNER of its intention to accomplish such work, if any emergency situation does not exist. (ii) vWNER shall be responsible for ai i anging 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, restoration, or replacement of the PERMITTED IMPROVEMENTS. e. This agreement does not extend the OWNERS' any rights to construct any additional improvements at a later time. 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. Either party that is alleged to have breached any material provision of this agreement shall be given 30 days written notice of the breach and the opportunity to cure with the date of breach and the date of termination, if cure is not made. 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. IN WITNESS WHERcOF, 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: Lily vtai t� CITY OF NEWPORT BEACH, a Municipal corporation OWNER: By: ity Mraer By: r' � C. Kurt Christiansen 4 STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE ) (:25 lie 7�r� i? personally appeared /03 1997 before me,f4h5 ��! personal y known to me (or proved to me on the basis of satisfactory evidence) to be the personal whose name are subscribed to the within instrument and acknowledged to me thaKs her/they executed the same i (Sher/their authorized capaci�les), and that by�/her/their signature( on the instrument the person) or the entity u, ri behalf of which the persons acted, executed the instrument. WIT SS my hand and official seal. Notary Public in a d for said tate STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) SHAUNA LYN OYLER Commission # 176414 � z Z .P d No cry Public - California > Orange County MY Comm. Expires [kac 5, 2001 (This area for official notarial seal) On d' 1993, before e Y.J 17au4a t4lxw t /el/' personally appeared k 1 an Q(/ e.� tSS, personal) know to me (or proved to me on he basis of satis ctory evidence) to be the perso (s whose name i are subscribed to the within instrument and acknowledged to me that,s/herexecuted the same in his/he eir authorized capacit 'es lr and that by his/her igna re s� on the instrument the perso or the entity upon be -half of which the person s cted, executed the instrument. WITNESS my hand and official seal. Notary Public in and f r aid Stat F:\USERS\PBW\GWONG\WP51 WG\CHICDM7.doc I r .�.n $HAWNA LYN OYLER Commission # 1164149 Z Notary Public - California Orange County (This area for official notarial seal) 5 CL mo d - J < m �' 11 - y y r 1 r z �0 Q c