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HomeMy WebLinkAboutC-9119-1 - Encroachment Agreement EPN N2005-0338 for 3000 Broad Street✓yJ� ` Recorded in Official Records, Orange County J RECORDING REQUESTED AND Tom Daly, Clelklil�lllllllll��l��llll�l�lll������������27.a5 WHEN RECORDED RETURN TO: I��II� � 2505000876473 09:55am 11101105 Public Works Department p 211 109 Al2 8 V City of Newport Beach 0.00 0.00 0.00 0.00 21.00 0.00 0.00 0.00 Post Office Box 1768 Newport Beach, CA 92659-1768 Space above this line for Recorder's use only. ENCROACHMEITAOREEMENT 1� (EPN2005-0338) THIS AGREEMENT is made and entered into this LO'b day of Or_ -I 06f e- , 2005, by and between August A. Iacono and Robin N. Iacono (hereinafter "OWNERS"), 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"). OWNERS are the owners of property located at 3000 Broad Street, Newport Beach, California 92663 and legally described as the southwesterly 62-feet of Lot 4 and the southwesterly 62-feet of lot 5 including a portion of the 10-foot of Broad Street vacation, Block 21 of The First Addition to Newport Heights, as shown on a map recorded in Book 4, Page 94 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California. WITNESSETH: WHEREAS, OWNERS desires to construct certain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within the Broad Street and Santa Ana Avenue right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to the parcel legally described as the southwesterly 62-feet of Lot 4 and the southwesterly 62-feet of lot 5 including a portion of the 10-foot of Broad Street vacation, Block 21 of The First Addition to Newport Heights, as shown on a map recorded in Book 4, Page 94 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; also known as 3000 Broad Street, 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 OWNERS to construct 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 follows: (a) In the Broad Street right-of-way: a 16-foot wide driveway approach in a diagonal cut pattern with a random stone border; and (b) in the Santa Ana Avenue right-of-way: a stone masonry mailbox, five 30-inch high masonry pilasters with stone veneers, a 2-foot high garden wall with a stone veneer, and a flagstone carriage walk and related appurtenances as shown on EXHIBIT "A" attached hereto and as approved by the Public Works Department. In addition, if any of the PERMITTED IMPROVEMENTS actually built or installed during the time of construction vary from the PERMITTED IMPROVEMENTS approved herein, such variations or changes must be approved in advance by the Public Works Department and shall be shown on the "As Built" plans. 2. CITY will permit OWNERS to construct, reconstruct, install, maintain, use, operate, repair and replace said PERMITTED IMPROVEMENTS and appurtenances incidental thereto, within a portion of RIGHT-OF-WAY, if in substantial conformance with the plans and specifications on file in the CITY. CITY will further allow OWNERS 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-day 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. OWNERS and CITY further agree as follows: a. OWNERS may construct and install PERMITTED IMPROVEMENTS and appurtenances incidental thereto, in substantial conformance with the plans and specifications on file in the CITY's Public Works Department, and as described on Exhibit "A" attached hereto. b. OWNERS shall maintain the PERMITTED IMPROVEMENTS in accordance with generally prevailing standards of maintenance, and pay all costs and expenses incurred in doing so. However, nothing herein shall be construed to require ON OWNERS 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, OWNERS 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 OWNERS in advance of its intention to accomplish such work, provided that an emergency situation does not exist. (ii) OWNERS shall be responsible for arranging for any renewal, replacement, 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) OWNERS agree to pay all costs for the renewal, replacement, 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 OWNERS, CITY may enter upon the RIGHT-OF-WAY and remove all or part of the improvements installed by OWNERS. Termination because of breach shall be upon a minimum of ten- (10) day 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. OWNERS shall defend, indemnify and hold harmless CITY, its City Council, boards and commissions, officers and employees from and against any and all loss, damage, K, 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. CITY OF NEWPORT BEACH, a Municipal corporation APPROVED AS TO FORM: By: Cam_ C By: .� . City Attorney City Wfanager ATTEST: OWNER: By' l / / By: City Clerk August A. Iacono R bin N. Iacono 4 STATE OF CALIFORNIA ) SS: COUNTY OF ORANGE ) On 1pm -1 personally appeared 200 before me, V1�� I- epwol N�q personally known to me to be the person{e4 whose name(-s4 is/a-e subscribed to the within instrument and acknowledged to me that he/&haAI4ay has executed the same in his/"��,�, authorized ca acit p y(ias-)-, and that by his/hre4tk►e+r signature�4 on the instrument the person(e} 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 STATE OF CALIFORNIA ) Ss: COUNTY OF ORANGE ) On 4��A personally appeared r" LEILANI I. BROWN Z.7ommission 1336673 z Z Notary Public - Califomia y Orange County My Comm. Expirm Jan 26, 20M (This area for official notarial seal) 200-'5� before me, tliJN t C ��—e �Q A of A661, f /t -'Zhu^[ 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. '"' STEPHANIE L. RECORD f ` COMM. #1347467 n "m NOTARY PUBLIC-CALIFORNIA --- —. —U RIVERSIDE COUNTY N .r My Comm. Exp. Mar. 19, 2006 Notary Publo in and for sai tate (This area for official notarial seal) F:\USERS\PBW\Shared\ENCROACH\ROW Agreements\1-MASTER EA -USE ME.doc '3" VNV b1NVS � 9 �s o � sa 00 � e= • , C+ c: 1,���� � �. � ►�a��l��l11� • r�` .•a. j 011y� d .� G N; Construction Legend 1. Concrete banding, 12 " wide, Yasvr^FTV-- $F�,N by Davis , smooth trowel finish. 2. Random Stone paving, over .4" thick concrete, # 4 re- bar @ 18" o.c.e.w. spacing over 2" thick masonry sand base. Stone to be Ct Wt lMA Qaw random stone from Valley Building Materials, contact Jim Sime ph. (949) 2$3- 8512. 3. Colored concrete cantilevered bullnose concrete step, 2" thick, smooth trowel finish. Provide low voltage step lighting by SPJ Lighting. 4. Random Stone paving, stone to accent house stucco color 5. Masonry pilaster, 2' sq. x 2-67, high: stgno veneer; to be . pre cast concrete cap # PC 950, colored•Yo_ii,atch ,.* G�By Pacific Stone Design, contact Paul ph. (714) 836-5757 . Provide low voltage recessed light fixture, by SPJ lighting model 1703-A Bronze face plate. Provide drip irrigation and drainage for pottery. 6. Concrete driveway, 8" thick . Saw cut diag. pattern, smooth trowel banding 18" wide over concrete sub base. # 4 bars at 18" O.C., 2" sand base. Random stone insets. 7. 2' high garden wall, Stacked stone veneer, precast concrete cap # WC 950 S, Colored f8 to match concrete. 8. New Wood gate. 9. Side yard concrete paving,-�-9-MTT15- f;F"ia. 4" thick with # 4 re -bar at 18" O:C. . 10. Spa equipment location. Install double wood doors. 11. Raised spa with tumbled travertine tile (cream)at sheer decent spillway..Double bullnose raised coping Spa to have `Pebble sheen- Tahoe Blue' finish, waterline tile to be C-30, Deco Pietra Azul, by National Pool Tile Group (714) 630 —2216 . Jandy Aqualink RS 4 computer control. • 12. 2'sq. x 3" high stacked stone pilaster at spa. Concrete cap # WC 950, provide drain and drip irrigation for deco urns. 13. Concrete paving,,(WWr«. Op* by Davis, sand finish, diag. Saw -cut pattern. 4" thick ,# 4 re- bar @ 18" o.c.e.w. spacing over 2" thick masonry sand.base. 14. B.B.Q. counter, Stucco vertical walls to match house stucco, provide gas and 120 v. electrical circuit, tumbled cream tile counter top. Provide drain inside structure. B.B.Q. unit to be DCS stainless grill, model # BGA36-BQAR, double 18" x 21" 15. Provide expansion joints every:10' each way at concrete decks, provide 3/8" thick x 4" wide felt expansion joints along house and all structures, and between step and }4 patio deck. Concrete paving to be 4" thick with # 4 re -bar at 18" spacing each way. 16. Concrete paving finish grade set.2" min. below house stucco weep screed and to slope 2%. away from house to drains. Include 2" masonry sand base. 17. Provide court yard hose bib. 18. Existiniz masonry wall.. 19. 4 14AW - OYC l,AUN 9WO,.. _ 20. 5' high masonry wall to match house plaster. 21. 2' sq. x 5' high pilaster, stack stone veneer, per cast concrete cap. 22. City approved street tree Agonis Flexuosa 48" box. With root barriers 23. City Approved street tree Calodendrum Capense 48" box. With root barriers J r- CITY CLERK'S ACKNOWLEDGMENT State of California ) County of Orange ) On October 24 , 2005, before me, LAVONNE M. HARKLESS, CITY CLERK OF THE CITY OF NEWPORT BEACH, personally appeared Homer L. Bludau personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. Dated this 24th day of October 2005. CAPACITY OF SIGNER Municipal Corporation Officer City Manager SIGNER IS REPRESENTING: WITNESS my hand and official seal. LA,VbNNE M. HARKLESS, CITY CLERK CITY OF NEWPORT BEACH, CALIFORNIA DESCRIPTION OF ATTACHED DOCUMENT: Encroachment Agreement EPN2005-0338 # of Pages 8 City of Newport Beach Document Date: 10/24/2005 Signer(s) other than named: August A. and Robin N. Iacono Aaron C. Harp RECORDING REQUESTED AND WHEN RECORDED RETURN TO: Public Works Department City of Newport Beach Post Office Box 1768 Newport Beach, CA 92659-1768 Recorded in Official Records, Grange County Torn Daly, Clerk -Recorder I�II`I i�':iillllli ����� II!II IIIII IIIII Illli III IlIII IIIII Illli ���� ���� 21.00 2005000909434 04:15pm 11/10/05 212 143 Al2 6 0.00 0.00 0.00 0.00 15.00 0.00 0.00 0.00 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT (EPN2005-0422) THIS AGREEMENT is made and entered into this .2_G- ;I/ day of 2005, by and between Grant Dietz (hereinafter "OWNER"), and the City 1 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"). OWNER is the owner of property located at 107 27th Street, Newport Beach, California 92663 and legally described as Lot 34, Block 27, of the Newport Beach Tract, as shown on a map recorded in Book 3, Page 26 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 27th Street right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to the parcel legally described as Lot 34, Block 27, of the Newport Beach Tract, as shown on a map recorded in Book 3, Page 26 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; also Known as 107 21 Street, Corona Del Mar, 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 construct 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, non-standard stone veneer block wall in the 27t" Street right-of-way as shown on EXHIBIT "A" attached hereto and as approved by the Public Works Department. In addition, if any of the PERMITTED IMPROVEMENTS actually built or installed during the time of construction vary from the PERMITTED IMPROVEMENTS approved herein, such variations or changes must be approved in advance by the Public Works Department 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, if in substantial conformance with the 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-day 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 the plans and specifications on file in the CITY's Public Works Department, and as described on Exhibit "A" attached hereto. b. OWNER shall maintain the PERMITTED IMPROVEMENTS in accordance with generally 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, 2 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 in advance of its intention to accomplish such work, provided that an emergency situation does not exist. (ii) OWNER shall be responsible for arranging for any renewal, replacement, 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 the renewal, replacement, 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) day 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. 3 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. APPROVED AS TO FORM: By: A;S i City Attorney ATTEST: City Clerk CITY OF NEWPORT BEACH, a Municipal corporation By: City Manager OWNER: By: Z ©s� r ietz 4 STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) A ` ,' On 0 b� a (v 2005, before me, � � �1.5�� /� Pu4, U-e- personally appeared LD c 0-'i-A b'2- � Z In;& (or proved to me on the basis of satisfactory evidence) to be the person(, whose name)4Qare subscribed to the within instrument and acknowledged to me that e/ he/they has executed the same in his er/their authorized capacity(i&A, and that by his er/their signatureo on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Publi and for said State STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) On 2005, before me, CATHY FISHER Commission # 1341009 ? Not" Public - Cafffomia Orange County QMyCornm.ExPlre*Feb21.21Ml1 (This area for official notarial seal) 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 (This area for official notarial seal) F:\USERS\PBW\Shared\ENCROACH\ROW Agreements\2005\N2005-0422 107 27`h Street (Dietz).doc 5 7 Z 7 7-A,/ S',77,Et6Z- 7- A/ ,V-4Y 9Z6a3 69 72 3 - 0 Y,q3 /Z-c c cl�l -7 N9, so, T"o 7-1-1,AVAMl EY� IQ zz N07- PC., 36"WIC-Iq AWO/- 7- 0 M L Y O,c -�=-4 4J /=/C O/V 7 6%z i/L/ EXHIBIT "A" CITY CLERK'S ACKNOWLEDGMENT State of California County of Orange On November 3 , 2005, before me, LAVONNE M. HARKLESS, CITY CLERK OF THE CITY OF NEWPORT BEACH, personally appeared Sharon Wood personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. Dated this 3rd day of November 2005. CAPACITY OF SIGNER Municipal Corporation Officer Assistant City Manager SIGNER IS REPRESENTING: WITNESS my hand and official seal. 1110 ( �? - Ll" '/ 6 - LAVONNE M. HARKLESS, CITY CLERK CITY OF NEWPORT BEACH, CALIFORNIA DESCRIPTION OF ATTACHED DOCUMENT: Encroachment Agreement EPN2005-0422 # of Pages 7 City of Newport Beach Document Date: 10/26/2005 Signer(s) other than named. - Grant Dietz Aaron C. Harp