HomeMy WebLinkAboutC-6736(A) - Encroachment Agreement EPN N2000-323 for 317 Goldenrod AvenueRECORDING REQUESTED AN.
WHEN RECORDED RETURN TO: Recorder in Official Records, County of Orange
Gary Granville, Clerk -Recorder
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City of Newport Beach 20000483064 02:21 pm 09116l00
Post Office Box 1768 106 32 Al2 7
3300 Newport Boulevard 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
U Newport Beach, CA 92659-1768
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT �/p
(EPN2000-323)
THIS AGREEMENT is made and entered into this day of & oc ,
2000, by and between Bradford Kuish, 315 Goldenrod L LC (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 317 Goldenrod Avenue, Newport {
Beach, California and legally described as Parcel 2 of Parcel Map No.98-164, as shown on a
map recorded in Book 315, Pages 36 and 37 inclusively of Parcel Maps in the office of the
County Recorder of Orange County, California;
WITNESSETH:
WHEREAS, OWNER desires to construct and maintain certain non-standard
improvements (hereinafter "PERMITTED IMPROVEMENTS") within the Goldenrod Avenue
right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to Parcel 2 of Parcel Map
No.98-164, as shown on a map recorded in Book 315, Pages 36 and 37 inclusively of Parcel
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 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
PERMITTED IMPROVEMENTS;
NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree
as follows:
E�
1. It is mutually agree _. that PERMITTED IMPROVEMEN', shall be defined as a
stamped concrete driveway/approach, 3-feet/variable high stucco block wall with 12-inch cap,
grouted stone entry way, landscaping, and appurtenances in the Goldenrod Avenue 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. In addition, any new and/or existing landscaping that is within the RIGHT-OF-WAY
shall be maintained at a maximum height of 30-inches. 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.
2
d. That should Cl. . be required to enter onto said RIG.. f-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.
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 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".
3
8. OWNER shall acct-,_, and waive any and all liability i,., 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.
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: By:
City Attorney City Marfager
airy uiem
JER: 315 Goldenrod LLC
By: 31- C
Bradford Kuish
4
STATE OF CALIFORNIA
) ss:
COUNTY OF ORANGE ) /
On a 3 2X061
bef a me, aazccc- q 2v�
personally appeared r' S
persona y
known to me (or proved to me on the basis of satisfactory evidence) to be the persons)
whose namts9executed
are subscribed to the (thin instrument and acknowledged to me that
she/they ithe same in er/their authorized capacity, and that by
i er/their signatureon the instrument the person(s) or the entity upon behalf of which the
person acted, execut d the instrument.
WITNESS p3y hand and official seal.
SHAUNA LYN OYLER
;Z r'ou. Commission # 1164149
`z -�' Notary Public - California
=�
Orange County
Notary Public in and for s6iState My Comm.EcpiresDec5,2001
— — f
(This area for official notarial seal)
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On kmt't�T S , 2000, before me, LEII.At (l q. )N�s
personally appeared I�M>� L. utipAtA u LAVpf ► M. personal)
known to me evl enc ) to be the persor>r s
whose nam s 7isa7esubscribed to the within i ment and acknowled ed to me that
he/she the as executed the same in his/her/ eir uthorized capacit ies and that by
his/her/ heir ignature(s) on the instrument the person s� r the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
W- ""'� v - "O'�
Notary Public in and for said State
LEILANI^-
Commission # 1170960 Z
L Notary Public - California �
Orange County
My Comm. Expires Jan 25, 2002
(This area for official notarial seal)
F:\USERSUP51 \GI LBERT\AG\KUISHEPN2000-323CDM.DOC
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MATERIALS LEGEND
1 CONCRETE DRIVEWAY PER ENGINEER
2 STONE PAVING TO BE SELECTED BY OWNER _
3 STONE PAVING W/ b' CONCRETE BAND
4 REPLACE CITY SIDEWALK PER CITY STANDARDS
5 COLORED CONCRETE SAW CUT AT 24" W/ STAMPED
SLATE -FINISH
6 4' WIDE CONCRETE WALKWAY COLOR TO BE
SELECTED W/ ACID WASH FINISH
7 TILE PAVER TO MATCH INTERIOR
8 3'X3' CONCRETE- PAVER COLOR TO BE
SELECTED W/ ACID WASH FINISH
,41�..
9 TILE POT SHELF TILE TO BE SELECTED
10 ARCHITECTURAL POTS TO BE SELECTED BY OWNER
NOTE-' EACH POT SHALL BE PLACED OVER A 3" DRAIN
AND HAVE AUTOMATIC IRRIGATION
11 NATURAL COLOR CONCRETE W/ ACID WASH
PLANT LIST
TREES
Tl HYMENOSPORUM FLAVUM
T2 TRISTANIA CONFERTA
SHRUBS
Sl PHOENIX,ROE'BELENII
S2 AUCUBA JAPONICA VARIEGATA
S3 BOUGAINVILLEA 'LA JOLLA'
S4 BUXUS MICROPHYLLA
S3 CLIVIA MINIATA
S6 HEMEROCALLIS HYBRID PINK
S7 LIGUSTRUM JAPONICUM
S8 LIRIOPE:MUSCARI
59 NANDINA DOMESTICA
510 PHILODENDRON ZANEDUE
Sl l PHORMIUM 'BRONZE BABY'
S12 SYZYGIUM PANICULATUM
513 PELARGONIANUM PELTATUM
SM AZALEA SPECIES
SWEETSHADF
BRISBANE BOX
PYGMY DA i t PALM
GOLD DUST PLANT
DWARF BOUGAINVILLEA
JAPANESE BOXWOOD
KAFFIR LILY
DWARF
PRIVET
BIG BLUE LILY TURF
HEAVENLY BAMBOO
DWARF PHILODENDRON
DWARF NEW ZEALAND FLAX
EUGENIA
IVY GERANIUM
TREE FORM Z F Z
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