The URL can be used to link to this page

Home My WebLink AboutC-9025-1 - Encroachment Agreement EPN N99-274 for 4300 Von Karman Avenue(J 1� RECORDING REQUESTEC ND Recorded in the anty of Orange, California � WHEN RECORDED RETURiv TO: 11 Clerk/Recorder Illrlll II Ilr ll II I11111 II I I IlNOCee O Public Works Department 19990681602 1; 57pm 09/23/99 City of Newport Beach 008 16021505 16 73 Post Office Box 1768 Al2 6 6.00 15.00 0.00 0.00 0.00 0.00 �-1 3300 Newport Boulevard Newport Beach, CA 92659-1768 Space above this line for Recorder's use only. � T P� /( ENCROACHMENT AGREEMENT (EP99-274) &I THIS AGREEMENT is made and entered into this day of SJm brr , 1999, by and between Yasuo Matsuki (hereinafter "OWNER"), and the City of 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"), ?i "OWNER" is the owner of property located at 4300 Von Karman Avenue, Newport Beach, California and legally described as Parcel 1 of Resubdivision No. 439as shown on Parcel Map recorded in Book 60, Page 14 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; f WITNESSETH: WHEREAS, OWNER desires to construct certain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within a portion of an existing 15-foot storm drain easement serving -As Parcel 1 of Resubdivision No. 43, (,�Iso known as 4300 Von Karman Avenue, Newport Beach, California) hereinafter "EASEMENT", recorded on April 5, 1974 as legally described in Official Record No. 11112/1401 (Book 11112, Page 1401) 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 EASEMENT; 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 1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as a 7-inch thick concrete patio with railing and appurtenances as shown on EXHIBIT "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 on 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 the EASEMENT, 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 EASEMENT to exercise its primary rights associated with said EASEMENT, including but not limited to, the maintenance, removal, repair, renewal, replacement or enlargement of existing or future public facilities or o improvements, CITY may rE )ve portions of the PERMITTED IN ZOVEMENTS, as required, and in such event: 0) CITY shall reasonably notify OWNER of its intention to accomplish such work, if any emergency situation does not exist. (ii) OWNER shall be responsible for arwnging 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 EASEMENT 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 "tne 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. 3 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 AT' City Clerk CITY OF NEWPORT BEACH, a Municipal corporation OWNER: By: City Mana er By: Yasuo Matsuki 51 STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) On 6nj, N , 1999, before me, personally appeared -06 p Viwoy-I (or proved to me on the basis of satisfactory evidence) to be the personf4 whose nameo is/ae subscribed to the within instrument and acknowledged to me that his/Wr/tb,6y executed the same in his/h6r/�Otir authorized capacity(), and that by his/hXr/thAir signature(, on the instrument the person"") or the entity upon behalf of which the persons(A) acted, executed the instrument. WITNESS my hand and official seal. M �4mjwe-;) Notary Pu c in and for aid State (This area for official notarial seal) NANCY N. SA!'.` GUCNI Aft fp, Commission #f M4190 4' Notary Public —California Orange County MyC(W)m. Expires Dee .7, 2(}02 STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) On 6V-PT '-O , 1999, before me, W*ill 4, Wi;�s personally appeared 164L RMAO 4, 1•690* M - k ActL14VSs , personally known to me to be the person(s) whose name(s)+s/are subscribed to the within instrument and acknowledged to me that they executed the same in hisAter/their authorized capacity(ies), and that by e/their signature(s) on the instrument the person(s) or the entity upon behalf of which the persons(s) acted, executed the instrument. WITNESS my hand and official seal Notary Public in and for said State F:\WP51 \G I LB E RT\AG\MTK EP99-274-KOTOR ESTAU RANT. D OC LEILANI V. INES Commission # 1170960 Notary Public - California F Orange County my C:xnm. Expires Jan 25, 2002 (This area for official notarial seal) n C' El— LANK GARDEN �( � V) { I --- WDON TO BE RCRnCED J r f _ 611� 05� EXIST H WITH NEW DOOR Lrd '� i : I r .. . , i T (NO LATH/ LOCK DURBG BUSI7tESS HOURS) 1 i EXIST COCKTAIL LOUNGE / _.— h- -r . I - - � EXIST R- g-. (675,12) EziST EXIST BAR COUNTER PRIVATE FDIN14G / -WAITING AREA I .i .8) \� -24.75 EXIST - . PP - T- ,. a2.-E.5) IU;� EXIST (Ni�-719 (ZU..t 25) 1 T V�EXIST SUSHI BAR LOWER DINING � DB.-7.5J,-� V ` >kCn �I,-2oo EXIST LANN GARDEN 1 I - EXIST KITCHEN I� j -IL RAi� n(. (.AyC, a H _WEST EEEVAI iJN N.''V. S .