HomeMy WebLinkAboutC-8986-2 - Encroachment Agreement EPN N2000-356 for 1424 Serenade Terrace',.ND
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RECORDING REQUESTED
WHEN RECORDED RETUr..4 TO:
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Recorded in Official Records, County of Orange
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Public Works Department Gary Granville, clerk -Recorder
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City of Newport Beach !ii,i i�i' ii i111!!1 ii!!' 1111 I L!1!1111111!!!1111Ell NO FEE
Post Office Box 1768 20000523766 02.09pm 10102100
3300 Newport Boulevard 106 3 Al2 6
Newport Beach, CA 92659-1768. 0,00 0-00 0.00 0 00 0-00 0.00 0.00 0.00
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
(EP2000-356)�
0
THIS AGREEMENT is made and entered into this , .',)' day of S
2000, by and between Michael R. Spain (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 1424 Serenade Terrace, Newport Beach,
California and legally described as Lot 32, Tract Map 1700 (hereinafter "SUBJECT
PROPERTY"), as shown on a map recorded in Book 52, Pages 7 and 8 inclusively of
Miscellaneous 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 a portion of an existing
10-foot Public Utility Easement (hereinafter "EASEMENT"), as legally described as Lot 32,
Tract Map 1700, as shown on a map recorded in Book 52, Pages 7 and 8 inclusively of
Miscellaneous 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 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 6
foot high fence and appurtenances within the 10-foot EASEMENT as shown on EXHIBIT "A"
attached hereto and as approved by the City Engineer.
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 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. If permitted improvements interfere in the future with CITY's ability to construct,
operate, maintain, and replace CITY and other public facilities and improvements within
EASEMENT, then the 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
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 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
011
improvements, CITY may r( we portions of the PERMITTED It ZOVEMENTS, 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
EASEMENT 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, unless the breach is
cured within such 10 day period, 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, 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 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 "EASEMENT" 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 "EASEMENT".
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
3
"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 "EASEMENT".
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: �V��p _ By. (✓
City Attorney City M ager
City Clerk
OWNER:
BY: /V
Michael R. ain
4
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
0nQSe9,2000, peforg me` � �lCc. �-�/� dle�v-
1.
personally appeared yy� ��� �. \ �'� / personally
known to me 4ase)xecu
roved to me on the basis of atisfactory evidence) to be the person
w ose nameare subscribed to the ithin instrument and acknowledged to me that
he
d the same in(is er/their authorized capacit�), and that by
is er/their signature ) on the instrument the perso� or the entity upon behalf of which the
person acted, execu ed the instrument.
ITNESS my hand and official seal.
C
Notary Public in an f said Statd
STATE OF CALIFORNIA
) ss:
COUNTY OF ORANGE )
�. S-NALYNonce
COMI.IrIISs7on # 1164149 4149
No ary Punic - CaFfornia
Orang C,, :nty
My Comm. Ecp res Dec 5, 2001
(This area for official notarial seal)
On k to-� 000, before me,
personally appeared V-\o U • V-Nv -,�- H : ���1� > > , personally
known to me ( "ati�&fastGFt e. iderree)- to be the perso W-
whose (s) is/ re subscribed to the within i strument and acknowledged to me tha
he/she��heirj'signatur
has executed the same in his/her heir authorized capacit ies , and that by
his/her�s on the instrument the persons r the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
(:
l AA'-�X
Notary Public in a for said State
CATHY FISHER
Commission # 1174329 Z
i Notary Public - Calif0mia y
z Orange County
My Comm. Fplres Feb 21, 2002
(This area for official notarial seal)
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rCC�TI.OFNE W?ORT REACH
CROACHMENT PERMIT,LL BE 08TAINEO
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NOTICE
ISSUANCE OF A BUILDING PERMIT BY T11E
CITY OF NGWPORT REACT{ DOES NOT
l,r,Llsvfi APPLICANT OF LEGAL
REUUIRF:MGNT TO OUS6"L. COVENANT'S,
CO1:UIrWNs ANU It IiS1R1CT10,,S W11IC11
MAY DE RECORDED AG nINST THE
C
PROPERTY Olt Of�MUNITY
TO ORl'AIN
TiLC:)i.T: 0'' APPROVAL GF PLANS. YOU
SII_'1: L1i GO\TACT' YOUR COMMUNI"I'Y
ASSOCIAT'iON PRiOit to COM:.1E\CCA LSIENi
Or ANY CONS I RUC fION TW ZED BY
TNIf 11. 01ll'.
CHAEL aad ELIZABETH SPAIN
. SavWr T—C ,.1 JAu-1kM—!J Tarptor "9.e7)3110
—1,ar 11, 2000
cof Newport Beach
-tion: Planning Department
wham it may —Cann:
e Residents at 1424 Serenatla Terrace and 1407 Sanlanella Term., in Corona del
are putting up a new wood fence on the legal progeny Una. As you are probably
rare, the fenoq'that wrranly runs between the residences was misplaced back in
it has created quite a controversy. This letter is shall be authorization by both
We
noes to put the new fence on the legal property line.
ank you for your attention to this matter
notmy,
24 S S Mary F4' l fla Tar
l24 Senn Mar CA 92 1407 SamI Ms, Terrace
Drone del Mar, CA 92625 Corona dal Mar, CA 92625
ADORESS LEGAL DESCRIPTION
1424 WUNADS TERRAC! I-OT U OF TRACT No. 1700
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