HomeMy WebLinkAboutC-9961-1 - Encroachment Agreement EPN N2025-0310 for 4823 Lido Sands Drive8/26/25, 12:02 PM
Batch 19743525 Confirmation
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Attn: City Clerk's Office
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658-8915
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
II I �� III �� I II I II I III II II $39.00
*$ R 0 0 1 5 7 6 3 4 3 7$
202500023595411:15 am 08/26125
90 CR-SC06 Al2 10
0.00 0.00 0.00 0.00 27.00 0.00 0.00 0.00 0.00 0.00
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
(Encroachment Permit Number N2025-0310)
THIS ENCROACHMENT AGREEMENT ("Agreement") is made and entered into this
25th day of August, 2025, by and between James John Cefalia and Cathy Lynn Cefalia,
Trustees of the Cefalia Family Trust, dated May 20, 1986 ("Owner"), and the City of Newport
Beach, a California municipal corporation and charter city, organized and existing under and
by virtue of its Charter and the Constitution, and the laws of the State of California ("City").
RECITALS
WHEREAS, Owner is the vested owner of property located at 4823 Lido Sands Drive,
Newport Beach, California, Orange County, County Assessor's Parcel Number 114-211-06
and as legally described on Exhibit A, attached hereto and incorporated herein by reference
("Property");
WHEREAS, Owner desires to construct certain non-standard improvements as further
described herein ("Permitted Improvements") within the Lido Sands Drive public utility
easement (hereinafter "Public Utility Easement") that is located adjacent to Property;
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 Public Utility Easement; and
WHEREAS, the -parties hereto desire to enter into this Agreement providing for
fulfillment of the conditions required by City to permit Owner to construct and maintain said
Permitted Improvements.
NOW, THEREFORE, in consideration of the mutual promises, the parties hereto
agree as follows:
City and Owner acknowledge that the above Recitals are true and correct and are
hereby incorporated by reference into this Agreement.
2. It is mutually agreed that Permitted Improvements shall be defined as:
Cefalia Family Trust Encroachment Agreement 1
https://gs.secure-erds.com/Batch/Confirmation/l9743525 3/6
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Attn: City Clerk's Office
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658-8915
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
(Encroachment Permit Number N2025-0310)
THIS ENCROACHMENT AGREEMENT ("Agreement") is made and entered into this
25th day of August, 2025, by and between James John Cefalia and Cathy Lynn Cefalia,
Trustees of the Cefalia Family Trust, dated May 20, 1986 ("Owner"), and the City of Newport
Beach, a California municipal corporation and charter city, organized and existing under and
by virtue of its Charter and the Constitution, and the laws of the State of California ("City").
RECITALS
WHEREAS, Owner is the vested owner of property located at 4823 Lido Sands Drive,
Newport Beach, California, Orange County, County Assessor's Parcel Number 114-211-06
and as legally described on Exhibit A, attached hereto and incorporated herein by reference
("Property");
WHEREAS, Owner desires to construct certain non-standard improvements as further
described herein ("Permitted Improvements") within the Lido Sands Drive public utility
easement (hereinafter "Public Utility Easement") that is located adjacent to Property;
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 Public Utility Easement; and
WHEREAS, the parties hereto desire to enter into this Agreement providing for
fulfillment of the conditions required by City to permit Owner to construct and maintain said
Permitted Improvements.
NOW, THEREFORE, in consideration of the mutual promises, the parties hereto
agree as follows:
City and Owner acknowledge that the above Recitals are true and correct and are
hereby incorporated by reference into this Agreement.
2. It is mutually agreed that Permitted Improvements shall be defined as:
Cefalia Family Trust Encroachment Agreement 1
a. A six (6) foot tall wooden fence encroaching up to six (6) feet into the six (6)
foot wide public utility easement; and
b. A forty (40) foot long by variable width brick paver walkway encroaching six (6)
feet into the six (6) foot wide public utility easement,
C. With the foregoing, as approved by the Public Works Department and as shown
on Exhibit B, attached hereto and incorporated herein by reference.
d. In addition, if any improvements actually built or installed during the time of
construction vary from Permitted Improvements approved herein, such
variations or changes must be approved in advance by the Public Works
Department and shall be shown on the "As Built" plans.
3. 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 Public Utility Easement, if in substantial conformance with the plans
and specifications on file in City. City will further allow Owner to take all reasonable
measures necessary or convenient in accomplishing the aforesaid activities.
4. Rights granted under this Agreement may be terminated by City with or without cause
and at any time without notice. City shall make good faith efforts to provide sixty (60)
calendar days' notice in advance of termination, 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.
5. Owner and City further agree as follows:
a. Owner may construct and install Permitted Improvements and appurtenances
incidental thereto in substantial conformance with the plans and specifications
on file in City's Public Works Department, and as described on Exhibit B.
b. Owner shall maintain Permitted Improvements in accordance with generally
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 and restoration of these public facilities or improvements to their
condition at the time of entry into this Agreement.
d. Should City be required to enter onto said Public Utility Easement to exercise
its primary rights associated with said Public Utility Easement, 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 Permitted Improvements, as required, and in such event:
Cefalia Family Trust Encroachment Agreement 2
(i) City shall notify Owner in advance of its intention to accomplish such
work, provided that an emergency situation does not exist.
(ii) Owner shall be responsible for arranging for any renewal, replacement,
or restoration of Permitted Improvements affected by such work by City.
(iii) City agrees to bear only the cost of any removal of Permitted
Improvements affected by such work by City.
(iv) Owner agrees to pay all costs for the renewal, replacement, or
restoration of Permitted Improvements.
6. 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
Public Utility Easement and remove all or part of the improvements installed by Owner.
Termination because of breach shall be upon a minimum of ten (10) calendar days'
notice, with the notice specifying the date of termination.
7. In the event of any dispute or legal action arising under this Agreement, the prevailing
party shall not be entitled to attorneys' fees.
8. 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 Permitted Improvements.
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 Owner's interest in the land, whether fee or otherwise; and shall be
recorded in the Office of the County Recorder of Orange County, California.
10. The laws of the State of California shall govern this Agreement and all matters relating
to it and any action brought relating to this Agreement shall be adjudicated in a court
of competent jurisdiction in the County of Orange, California.
11. The terms of this Agreement shall be construed in accordance with the meaning of
the language used and shall not be construed for or against either party by reason of
the authorship of the Agreement or any other rule of construction which might
otherwise apply.
12. This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement
or implied covenant shall be held to vary the provisions herein.
Cefalia Family Trust Encroachment Agreement 3
13. A waiver by either party of any breach, of any term, covenant or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or
any other term, covenant or condition contained herein, whether of the same or a
different character.
14. Owner shall, at Owner's own cost and expense, comply with all statutes, ordinances,
regulations and requirements of all governmental entities, including federal, state,
county or municipal, whether now in force or hereinafter enacted.
15. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
[SIGNATURES ON NEXT PAGE]
Cefalia Family Trust Encroachment Agreement 4
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: T/7 0.17 oz S
CITY OF NEWPORT BEACH,
a Californi municipal corporation
Date: ?-�
By: i By:
Aa n C. Harp 9 Gr ce . Leung
City Attorney i anager
ATTEST: , , �
Date: f )S-s Z0Z41)
in
Molly Perry '
Interim City Cie
;V-WP0
A
OWNER(S): James John Cefalia and
Cathy Lynn Cefalia, Trustees of the
Cefalia Family Trust, dated May 20,
1986
Date: Ib� UPS
By:
ohn Ce
rustee
Date: P 1 b?&-a S
By'. 0 Crdkd �, G
Cathy Lyn efali
Trustee
[END OF SIGNATURES]
Owners must sign in the presence of notary public
ATTACHMENTS: Exhibit A — Legal Description of Property
Exhibit B — Permitted Improvements Plan as Approved by
Public Works
Cefalia Family Trust Encroachment Agreement 5
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of n-ra3 C,& } ss.
On Auat-&bk :01 20QS before me,'�Q�,.��4.'�G�cY�G Notary
Public, p sonally appeared Ca L Cr-A-%'c,, who proved to
me on the basis of satisfactory evidencelto be t1he person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. *my
JEANNE BARRENA
Notary Public - California`Orange County
Commission N 2387259
Comm. Expires Dec 17, 2025
anature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of O-C SS.
On AtaGt� �� 20DIS before me,:3 Notary
Public, p sonally appeared S0.,nno.`-7 52'0 n C-4-4 a\i as proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
*my
JEANNE BARRENA
Notary Public - California
Orange CountyCommission # 2387259
Comm. Expires Dec 17, 2025
(seal) I i s�w�eer••— -
Signature ( )
Cefalia Family Trust Encroachment Agreement 6
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Cefalia Family Trust Encroachment Agreement A-
1. TI IE ESTATE OR INTF-REST IN 3'1-IE LAND 19rR1"INAFTER DESCRIBI"D OR REFERRER TO
CoveRED By THIS REPORT IS:
AFEE
2, TITLE TO SAID ESTATE OR INTEREST AT THE DATE 14EREOF IS VESTED IN:
JEFFREY RONALD OEFALIA, SUBJECT TO ITEM NO, 8 OF SCHEDULE 8
3, THE LAND REFERRW To HtnEliq MSITUATED IN THE COUNTY or ORANGE, STATE OF
CAUrORNIAi AND IS DESCRIBED AS FOLLOWS.,
LOT 51. OF. TRACT NO. 3162, IN T.Hr-. CITY OF NEWPORT BEACH, COUNTY OF ORAW'S,
STATE. OF CALIFORNIA, AS.SHOWN ON A MAP RECORDED IN SOOK 95, PAGES 16,17 AND is
OF MISCELLANEOUS MAPS, IN THE OFFICE of THE COUNTY RECORDER OF ORANGE
COUNTY,
EXCEPT THEREFROM ALL MINERAL$. OIL, GAS OR HYDROCARBON SUBSTANcr-s, BUT
W".OUT ANY RIGHT OF ENTRY ON THE SURFACE OF SAID LAND. As RESERVED IN THE
DEED FROM SECURITY FIRST NATIONAL SANK AND OTHERS, RCCORDED JULY X 1967 IN
BOK 6321, PAGE ,922 OF OrFICIAL RECORDS, AND AS GRANTED TO MOBILE OIL
CORPORATION, A Ntr'N- YORK CORPORATION AND ARMSTRONG PETROLEUM
CORPORATION, A CALIFORMA ORPORATION, EACH AS TO AN UNDIVIDED '/, INTC.REST
PER GRAW OECD RECORDEO OCTOBER 27, 1983, IN III a-MUMpt4*( No' 1.9e3-474333 OF
OFFICIAL RCCORDS,
ASSESS011'S PARCEL NUMBER: 114-211.06
PAGE' 2
EXHIBIT B
PERMITTED IMPROVEMENTS PLAN
Cefalia Family Trust Encroachment Agreement B-
6 p I�yjy xo G
V 77 C
t
qq
O
mom
rrw.
y LuMP ��
t 90-LLZ-47LL-NdV
£99Z6VD HC)b'38I?JOdMBN
'8(1 SG N`dS 00 1] 9Z817C�E
3:)N3CIIS32I VWHJNI8
3A I a
C7
N
II
1iM,>
M 110£`80o" N
a
1
a
N lD
to M d W
r-
'
Oz
R
z
h Q
Il
z
L =�
U
" a
000&
Q a
1
i
w
p z
Q cx Q
skD
w
Uzmz
r
uL9u
Q
o io 4001
M n££1947*L9 N
Wd LS£Z�£SZD7_/IiJL 31gp 10'ld NW�h9 p3tlVd3tld ONIMVtla