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HomeMy WebLinkAboutC-9052-1 - Encroachment Agreement Epn N99-028 for 810 Kings RoadN fl RECORDING REQUESTED AND WHEN RECORDED RETURN TO U Public Works Department City of Newport Beach Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92659-1768 Recorded in tli,a County of Orange, California Gary L . Gran v.i 1 l , Clerk /Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIII'!��IIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIII 27.00 02� 17i99 19990113790 3 ; 50pm 005 170123B2 17 16 R12 8 6.00 21.00 0.00 0.00 0.00 0.00 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT (EP99-028) THIS AGREEMENT is made and entered into this oe d2 day of Q Uri 1999, by and between Vincent Roman (hereinafter "OWNER"), and the City of Ne port 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 810 Kings Road, Newport Beach, California and legally described as Lot 12, Block "G", Tract 1219 (hereinafter "SUBJECT PROPERTY"), as shown on a map recorded in Book 38, Pages 26 and 27 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 the Kings Road right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to Lot 12, Block "G", Tract 1219, as shown on a map recorded in Book 38, Pages 26 and 27 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; also known as 810 Kings Road, Newport Beach, 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 RIGHT-OF-WAY; and 1 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 IMPROVEMENTS shall be defined as colored concrete carriage walkway/landing with grouted stone ribbons, concrete mow strip, landscaping, and appurtenances in the Kings Road right-of-way as shown on EXHIBIT "A" attached hereto and as approved by the City Engineer. In addition, all improvements/landscaping shall not exceed 3-feet in height in the Kings Road right-of-way. 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. 2 b. OWNER )all maintain the PERMITTED IMF OVEMENTS 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. 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 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 3 any term of condition of tP Agreement, the prevailing party F II be entitled to reasonable attorneys fees and costs incurred. 6. OWNER shall 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 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 "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 "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 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 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. W 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: ee City Attorney ATTEST: By: City Clerk CITY OF NEWPORT BEACH, a Municipal corporation OWNER: By. )Uv;auv�� Vincent Roman 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of 6r a 9 a 61 On o?,2_9 before me, Q_:� xu D to N e and Title personally appeared e eliTl d ❑ personally known to me 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 shAuNn LYN OYLER acknowledged to me that he/she/they executed Commission # 1164149 the same in his/her/their authorized wrr NotaryPublic- California capacity(ies), and that by his/her/their Orange County signature(s) on the instrument the person(s), or MyC°mm.50resDec5.2001 the entity upon behalf of which the person(s) acted, executed the instrument. WITN y hand official se Place Notary Seal Above Signature ofN ry 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 docu t. Description of Attached Document 6P y9 _� Title or Type of Document: e Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 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 California County of mNC/ I ss On before me, L,6 IAN V' I VIe—�, Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") VII personally appeared ✓ �' D� Name(s) of Signer(s) LEILANI V. INES tx Commission # 1170960 z Z r No-ary Puolic - California Orange County My Comm. Expires Jan 25, 2002 4 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s4 whose name( is/=rre subscribed to the within instrument and acknowledged to me that he/&he/they executed the same in his4-ier/their authorized capacity(-ie ; and that by hisiher/their signature( 3) on the instrument the person(, or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 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 — E. Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER .. 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 ------ - -- - - b N� O.C.' W/ DINa� �co "biN, / 2i' W s/gVF �;• 41' fry°�vt ztv� IN cac. CWC 1s 8-- eras PZ-Ocr. WAtJ- —oE<-7IC i� n '3 �h/E Ft�CE'n /2 7iE #p 437L�Act(/� �u(�!r 6410 07',Z--m l GY1/2B I 8W W4•LL o &" Agx/E s . -1 peco G; �, �jucco oc/j� FAcE ~ I o LEVtL op pp cF cyRp y` COL •G ' avc• W/B���iYrs - --- ,. � \ AS -#,SaWN, /2^ W sroNE ■ ■ y ■ ■ � ` A4vo/Nc� 'l. 1 v • , e �� Q • ■ � �� .� .� �_ ;III � cn IL 911 �-v-I rY✓Y-_ G,AQ j -5TQ`lE F>YE; 36z 1 T f�4 �l�TjQARc- CgtiC PAV/N6 LL i E INC 77C,- Aciyl`� P4riQ- ccx.. CoN f ' XHIS TA