HomeMy WebLinkAboutC-6463(A) - Encroachment Agreement EPN N2002-0232 for 2300 Ford Road111%
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RECORDING REQUESTED
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WHEN RECORDED RETURN I O:
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Public Works Department
City of Newport Beach
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Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659-1768
Recorded in Official Reco County of Orange
Darlene Bloom, Clerk-Recumder
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ENCROACHMENT AGREEMEN'."
(EPN2002-0232)
THIS AGREEMENT is made and entered into this 5th day
of aCApy , 2002, by and between Stephen C. Scarlett, President (Authorized Signature)
on behalf of Church of St. Matthew By -The -Sea, a California nonprofit Corporation (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 2300 Ford Road,
Newport Beach, California and legally described as Lot 9 and Letter Lots EE, FF, and GG of
Tract 15317, as shown on a map recorded in Book 752, Pages 1 to 11 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 Bonita Canyon Road
right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to 2300 Ford Road,
Newport Beach, California and legally described as as Lot 9 and Letter Lots EE, FF, and GG
of Tract 15317, as shown on a map recorded in Book 752, Pages 1 to 11 inclusively of
Miscellaneous Maps in the office of the County Recorder of Orange County, California;
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;
VU
Y
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NOW, THEREFORE, onsideration of the mutual promis the parties hereto agree
as follows:
1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as a
monument sign (6'-4" high and 14' long) and appurtenances in Bonita Canyon Road right -of -
away 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 on 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
or repair any private -owned or CITY -owned pipeline, conduit or cable located in or under said
PERMITTED IMPROVEMENTS, except as otherwise provided herein.
c. If private -owned, 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 the 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,
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the maintenance, removal, r; ir, renewal, replacement or enlart lent 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 !MPROVEMENTS 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 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.
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CITY OF NEWPORT BEACH,
a Municipal corporation
APPROVED AS TO FORM:
By: By:.
City Attorney City Man er
ATTEST:
City Clerk
OWNER: Church Of St. Matthew By -The -Sea,
A California Nonprofit Corporation
By: 4Ao
)zAltllifiLl
Step en C. Sc rlett, President
Aurthorized signature
0
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On acT, I-rl , 2002, before me, Z.4c�c.42} (—,
personally appeared S-r�oNr=- - C-. 5 c w o-c T-T--
(or proved to me on the basis of satisfactory evidence) to be the
person(,$') whose name(') is/4I'e subscribed to the within instrument and acknowledged to me
that he/sWe/th4 has executed the same in his/her/Wir authorized capacity(X, and that by
his/ter/ttMir signatureK on the instrument the personJsj or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
ZACHARY T. GRAVESm
�� COMM,..1304764
UU NOTARY PUBLIC-CALIFORNIA —{
(� ORANGE COUNTY (�
My Term Ezp. May 17, 2005
otary F6&ic in and for said State
(This area for official notarial seal)
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On �� , 2002, before me,
personally appeared -j ci-
person known to me ( d tea--ora- ttae-basis of -satisfactory evidence) to be the
person s�w Warn (s) is re subscribed to the within instrument and acknowledged to me
that he/s a Pehas execute the same in his/her hei authorized capacityies 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. -
�-
CATHY FISHER
Commission # 1341009
ti Notary Public - California i
e f' Orange County
Notary Public in a for 'Said State �hrC �4�resFeb21,2006
(This area for official notarial seal)
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St. Matthew's Church / Prehionary Planning & Design
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sign Type 1.00 - Primary Church Identification Monument Sign
Two-sided masonry monument sign with precast concrete coa and 12" x 12" slate tile face to
match church, Letters and logo to be 1/2" thick applied cut out aluminum painted to match
aged bronze,
Illumination via ground mounted light fixtures by others.
14'-0"
19 0 e 206 West Fourth Street, Date: 2.23.02 Sheet:
Suite 410 Scale: 1/4" = 1'-0"
Santa Ana, California, 92701 Z O F Z
GERALD S T A M M DESI G N, LLC 714.550.9981 fax: 714.550.9982 Revised: 6.19.02 �5X HIB /T 'A" 1.01