HomeMy WebLinkAboutC-9188-1 - Encroachment Agreement EPN N2002-038 for 220 Marguerite Avenue1
00
CO
C—
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. County of Orange
Darlene Bloom, Irterim Clerk Recorder
III!II!!Ili IIIII IIIII!IIII Illil IIIII!4111'1!1111IIIII 18.00
2002�,3231932 0831ai1030102
100 73 Al2 h
0.00 0.00 0.00 0.00 If.00 0.00 0.00 0.00
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
(EPN2002-038)
THIS AGREEMENT is made and entered into this day of
YVLGIr� , 2002, by and between Scott Weinbrandt (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 220 Marguerite Avenue,
Newport Beach, California 92625 and legally described as Lot 18, block 139 and NELY '/2 of
lot 16 block 139, re -subdivision of Corona Del Mar , as shown on a map recorded in Book 4,
Page 67, 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 Marguerite Avenue right-of-way
(hereinafter "RIGHT-OF-WAY") that is located adjacent to, Lot 18, block 139 and NELY '/2 of
lot 16 block 139, re -subdivision of Corona Del Mar , as shown on a map recorded in Book 4,
Page 67, inclusively of Miscellaneous Maps in the office of the County Recorder of Orange
County, California; also known as 220 Marguerite Avenue 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 OWNER to reconstruct 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, 45 feet wide Carriage walk overlaid with stamped colored concrete and appurtenances in
the Marguerite Avenue right-of-way as shown on EXHIBIT "A" attached hereto and as
approved by the Public Works Department. In addition, the proposed PERMITTED
IMPROVEMENTS may vary at the time of construction. Hence, any changes must be
approved 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, 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.
2. 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
therefore 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
2
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 of its intention to accomplish such work,
if any 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 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) 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
3
(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: VO-1-- —
Citv AttnrnPv
AT'
City Clerk
CITY OF NEWPORT BEACH,
a Municipal corporation
By:5�s//�Z,
City Vanager
By. -
/11 Scott Weinbrandt
4
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On rebrVV1(;-� , 2002, before me, .�L )a r)I I • r�'gW✓1, �*r� F140) (G
personally appeared *iV))DYGiVN ppers6rraiiy
kRevffrio-ire (or proved to me on the basis of satisfactory evidence) to be the person(*
whose name(-) is/afe subscribed to the within instrument and acknowledged to me that
he/s.beA#ey has executed the same in his/her/their authorized capacity{L�, and that by
his/her/thursignature(s) 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 Public in and for said State
LEILANI 1. BROW
Commission * 1336673 Z
Z y Notary Public - California
Orange CoZn
My Comm. Expires 5, 2W6
(This area for official notarial seal)
On , 2002,_before me, �'1 v�� t_►�tv�
personally appeared r-�t� �� & V'�CA personally
known to me .14 e_� to be the person
whose namEosa subscribed to the within instrument and acknowledged to me that
he/she/ he has executed the same in his/her heir uthorized capacity(R)and that by
his/her/ heir ignatur (s) n the instrument the perso s) r the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in arVfor said State
..a
CATHY FISHER `
Commission* 1341009 [
i •a; Notary Public - California i
Orange County
My Comm. Expires Feb 21, 2006
PM
(This area for official notarial seal)
F:\Users\PBW\Shared\ENCROACH\ROW Agreements\2002\2002_ 038 220 marguerite.doc
5
LEGEND,
= TREE
= POWER POLE
CITY OF NEWP❑RT BEACH
PUBLIC WORKS DEPARTMENT
SKETCH FOR ENCROACHMENT PERMIT NO. d zoo Z— O 3 6
Job Address Z Za t A n t �-Q r iT 4—,
Owner S �Je-i n bran C I
= SEWER CLEANOUT
= WATER METER BOX
Telephone No.
EXHIBIT A
I
I �
i
i
i
i
_.._.._ _.._.._.._.. .._.._.._.._i._� _
N
_ �-tl- �z_
Existing Curb and Gutter
�X. Trec Co/ored
To re,nali n
Center line of street ------- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
4pp rcana e
Please
make a
sketch of the Immediate
vicinity showing all property lines, dimensions
street
names,
location of trees, light
standards, fire hydrants, parking meters or
other
existing
Improvements which might
be affected by the proposed encroachments.
(SEE
Works
REVERSE SIDE)
shall be done according to City
Specifications and Is subject to City inspection.