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Home My WebLink AboutC-9108-1 - Encroachment Agreement EPN N2001-0302 for 224 Evening Canyon RoadRECORDING REQU—STED AND WHEN RECORDED RETURN TO: co Public Works Department City of Newport Beach Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92659-1768 Recorded in Official Records, County of Orange Gary Granville, Clerk -Recorder 1111111111111111111111111I1111111111111ill 11111111111111116, 00 20010684062 02:34pm 09/27/01 109 73 Al2 6 0.00 0.00 0.00 0.00 10.00 0.00 0.00 0.00 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT (EPN2001-0302) THIS AGREEMENT is made and entered into this lq&xl day of i 2001, by and between Clifford and Sandra Ronnenburg. (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"), "OWNER" is the owner of property located at 224 Evening Canyon Road, Newport Beach, California 92625 and legally described as Lot 53, Tract 1116, as shown on a map recorded in Book 36, Page 19 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; and WI T NESSETH: WHEREAS, OWNER desires to construct certain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within the Evening Canyon Road right- of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to Lot 53, Tract 1116, as shown on a map recorded in Book 36, Page 19 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; also known as 224 Evening Canyon 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 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 1 PERMITTED IMPR( =MENTS; 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 flower bed 5 feet wide enclosed with 24-inch high concrete block wall with flag stone facing, in which no plants shall be planted to exceed 36" height above the top of curb elevation, concrete drive approach, steps and carriage walk overlaid with flag stone pavers and appurtenances in the Evening Canyon Road right-of-way 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 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, 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, and pay all costs and expenses incurred in doing so. However, nothing herein shall be construed to require OWNER to maintain, replace 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 any term of condition of this Agreement, the prevailing party shall be entitled to reasonable attorneys fees and costs incurred. 3 6. OWNER shy indemnify and hold harmless Cl'. , 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 agree 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 S TO FORM: By: City Attorney AT1 Is City Clerk CITY OF NEWPORT BEACH, a Municipal corporation By: City nager OWNER: in and D-A-I�orifienburg 0 STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) On "7-- 6 , 2001, b personally appeared personally known to me (eF P to be the person(s) whose name(s)-ie✓are subscribed to the within instrument and acknowledged to me that heishe they4iis executed the same in hisih r/their authorized capacity(ies), and that by "their signature(s) on the instrument the person(s) or the entity upon behalf of which the person acted, executed the instrument. UNDA ROSN[Y UDRIS WITNESS my hand and official seal. Commission#1232001 I Notary Public - California Orange County • My Comm. Eames Au916. �'J03 Notary Public in a or said State (This area for official notarial seal) STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) On k �� , 2001, before me, -� -- personally appeared U �Juv,,v\e- persona ly known to m _(ems _, ved tome on the basisofsatisfactory evidence) to be the perso (s�)whg_ nam(s)�is repsubscribed to the i�thin instrument and ack Qwledged to me that he/ h_v he) execs ed the same in his/her�eir uthorized capacity ies) and that by his/her/ r gnature�(,$)/Ion the instrument the perso (s , r the entity upon behalf of which the person s cted, executed the instrument. j WITNESS my hand and official seal. CATHY FISHER Cammision # 117432P V - � e'r _ ifarnio Orange County MyCoM.E;WftFeb21,2= Notary Public in for said State 5 I - �— GENTERL I NE , 1 �rn Pa ✓v�v � (- EX15T. � s O 1 y , 25.0' , 1 15.0' '111 Fla)v�— /o� v�✓S a ✓ar �'r ICo•�c rr �� n :mot I / 1 fix. �r6 hG•�tii rtc� -moo cK� TYP. I ni L (HEl(-i1AT VARIE51 \q