HomeMy WebLinkAboutC-8880-1 - Encroachment Agreement EP97-360 for 1010 Kings Road0 RECORDING REQUESTED. .4D �
WHEN RECORDED RETURN TO: Recorded in the County of Orange, California
W Gary L. Granville, Clerk/Recorder
� Public Works Department III II I I II I II II II II III I II II 24.00
� Post of office Box Beach
005 25007187 2599$@@@4497 4; @4pm 01/05/98
59
Al2 7 6.00 18.00 0.00 0.00 0.00 0.00
3300 Newport Boulevard
Newport Beach, CA 92659-1768
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT �( j
(EP97-360)
THIS AGREEMENT is made and entered into this day of --
D lie m l` , 1997, by and between Bruce D'eliscu and Allyson D'eliscu (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"),
WITNESSETH:
WHEREAS, OWNER desires to construct certain non-standard improvements
(hereinafter "PERMITTED IMPROVEMENTS") within the Kings Road right-of-way (hereinafter
"RIGHT-OF-WAY") that is located adjacent to Lot 7, Block G, Tract 1219 Cliff Haven, as
shown on a map recorded in Book 38, Pages 26 and 27 inclusively of Miscellaneous Maps in
the office of the County Recorder of Orange County, California; also known as 1010 Kings
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
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 a
grouted "El Dorado" stone verner block wall and appurtenances in the Kings Road right -of -
away as shown on EXHIBIT "A" attached hereto and as approved by the City Engineer.
1
2. CITY will permit G,,JNER 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
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.
E
(ii) .,VVNER shall be responsible for ar.anging 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 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 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
executed on the day and year first -above written.
hereto have caused this Agreement to be
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CITY OF NEWPOi . BEACH,
a Municipal corporation
APPROVED AS TO FORM:
By:
City Attorney
ATTEST:
City Clerk
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OWNERS:
By:
Bruce D'eliscu
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By:
AN son D'eliscu
STATE OF CALIFORNIA )
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COUNTY OF ORANGE )
On OCTOBER 21, 1997 , 1997, before me,_ JANA MAHONEY,NOTARY PUBLIC
personally appeared ALLYSON D'ELISCU------------------------------- ,
personally known to me (or-praued-#o---rye--on-the-b tery-evidene&) to be the
personrs
whose name(.&k /aye subscribed to the within instrument and acknowledged to me
that - /" has executed the same in /he /t#efir authorized capacity(•E94, and that by
h�s�hej'tfieir signature(.&) on the instrument the personW or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
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STATE OF CALIFORNIA )
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COUNTY OF ORANGE )
On OCTOBER 21, 1997 , 1997, before me, JANA MAHONEY, NOTARY PUBLIC
personally appeared BRUCE D'ELISCU----------------------------------------
personally known to me to be the
persons} whose name(s) is aye subscribed to the within instrument and acknowledged to me
that &she/tfae-y has executed the same in 61P.heF4he4r authorized capacity(+es), and that by
Is/har4tfte-ir signature(6+on the instrument the person(.&) or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal. -�
JANA MAHONEY
Commis^ion # 1106599 z
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Orange County
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STATE OF CALIFORNIA )sso
COUNTY OF ORANGE )
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me (or proved to me on the bads of satisfactory evidence)
name i re subscribed to the within instrument and
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his/her ei signaturd&on the instrument the person(s) c
which the person acted, executed the instrument.
WITNESS my hand and official seal.
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