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HomeMy WebLinkAboutC-10089-1 - Encroachment Agreement EPN N2025-0390 for 520 Poinsettia Avenue (3)2/24/26, 3:38 PM Batch 20693269 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 $33.00 *$ R 0 0 1 6 0 7 6 2 4 4$ 2026000056167 02:42 pm 02/24/26 90 CR-SC06 Al2 8 0.00 0.00 0.00 0.00 21.00 0.00 0.00 0.00 0.00 0.00 APN 459-222-10 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT (Encroachment Permit Number N2025-0390) THIS ENCROACHMENT AGREEMENT ("Agreement") is made and entered into this 9th day of February, 2026, by and between KRISTI A. DUMONT, TRUSTEE of the KRISTI A. DUMONT TRUST DATED OCTOBER 14, 2022 ("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 520 Poinsettia Avenue, Newport Beach, California, 92625 and legally described as Lot 22, in Block 543 of Corona del Mar, in the City of Newport Beach, County of Orange, State of California, as shown on, a map recorded in Book 3, Pages 41 and 42, of Miscellaneous Maps in the office of the County Recorder of Orange County, County Assessor's Parcel Number 459-222-10 ("Property"); WHEREAS, Owner desires to construct certain non-standard improvements as further described herein ("Permitted Improvements") within the Third Avenue and Poinsettia Avenue right-of-way (hereinafter "Right -of -Way") 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 Right -of -Way; 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: Kristi A. Dumont Trust Encroachment Agreement 1 https://gs.secure-erds.com/Batch/Confirmation/20693269 3/4 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 APN 459-222-10 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT (Encroachment Permit Number N2025-0390) THIS ENCROACHMENT AGREEMENT ("Agreement") is made and entered into this 9th day of February, 2026, by and between KRISTI A. DUMONT, TRUSTEE of the KRISTI A. DUMONT TRUST DATED OCTOBER 14, 2022 ("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 520 Poinsettia Avenue, Newport Beach, California, 92625 and legally described as Lot 22, in Block 543 of Corona del Mar, in the City of Newport Beach, County of Orange, State of California, as shown on a map recorded in Book 3, Pages 41 and 42, of Miscellaneous Maps in the office of the County Recorder of Orange County, County Assessor's Parcel Number 459-222-10 ("Property"); WHEREAS, Owner desires to construct certain non-standard improvements as further described herein ("Permitted Improvements") within the Third Avenue and Poinsettia Avenue right-of-way (hereinafter "Right -of -Way") 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 Right -of -Way; 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: Kristi A. Dumont Trust Encroachment Agreement 1 a. A thirty one foot (31') wide, four foot, six inch (4'6") long walkway constructed of brick pavers encroaching nine feet, six inches (9'6"), into the Poinsettia Avenue Right -of -Way; b. A thirty three inch (33") tall, twenty inch (20") square brick pilaster encroaching seven feet, eight inches (7',8") into the Third Avenue Right -of -Way; C. A twenty four foot (24',4") long by six inch (6") thick planter wall constructed of brick and plaster with a maximum height of thirty inches (30") encroaching up to seven feet, three inches (TY) into the Third Avenue Right -of -Way; d. A three foot (3') tall PVC gate encroaching six feet (6), ten inches (10") into the Third Avenue Right -of -Way; e. A forty seven foot, four inch (47'4") long by variable width walkway constructed of brick and concrete encroaching nine feet, six inches (9'6"), into the Third Avenue Right -of -Way. f. With the foregoing, as approved by the Public Works Department and as shown on Exhibit A, attached hereto and incorporated herein by reference. g. 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 Right -of -Way, 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 A. 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 Kristi A. Dumont Trust Encroachment Agreement 2 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 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 Permitted Improvements, as required, and in such event: (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 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) 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. Kristi A. Dumont Trust Encroachment Agreement 3 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 Agreementshall-be-const-rued-in-ac��r-dance with the-mea-ni-ng-�af 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. 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] Kristi A. Dumont 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: 21517 L By: `0v Aa n C. Harp 0..�'' City Attorney CITY OF NEWPORT BEACH, a California 7M.71ill corporation Date: Z By. Seimone Jurjis City Manager ATTEST: OWNER(S): KRISTI A. DUMONT TRUST Date: 02 �g 26 DATED OCTOBER 14, 2022 Date: 2 1 2120Z(y By: By: Lena Shumway Kristi Anna Elleboubf Dumont City Clerk Trustee [END OF SIGNATURES] Owners must sign in the presence of notary public ATTACHMENTS: Exhibit A — Permitted Improvements Plan as Approved by Public Works Kristi A. Dumont Trust Encroachment Agreement 5 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who attached, and not the truthfulness, accuracy, or validity of that document. State of California County of %Aye— --)SS. On Fe.br LW �A 1 , 20 20 before me,Ca_n AMyQ IAacukS, Notary Public, personally appeared e1iehouAt nvmOvv� who proved to me on the basis of satisfactory evidence to be the person{b�whose name( is/are-subscribed to the within instrument and acknowledged to me that #e/she/they executed the same in hmie/her/their authorized capacityo.b&), and that by 4Wher/their signatures(b+on the instrument the person{:, or the entity upon behalf of which the person44 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. c,SSANor:ANAwKs Notary Public . California 1 Orange County Commission k 2462273 ■ hty Comm. Expires Soo S, 2027 Signature (seal) iv 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 } ss. On 20 before me, Notary Public, personally appeared , 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. Signature (seal) Kristi A. Dumont Trust Encroachment Agreement 6 EXHIBIT A PERMITTED IMPROVEMENTS PLAN Kristi A. Dumont Trust Encroachment Agreement A-1 - - - - P e*4 E-T- T-A -V-E. - - o A 0 G. GONCURB (E) STREET TREE I — 6 GUTTER PROTECT iPLACE (FJ yN BRICK RAVERS (E) TREE WELL TO REMAIN'. JnN (E) TRUNCATED DOME _ _____ __ DETECTABLE WARNING _fix.__ '' - I I 4' GONG 51DEWALK BRICK CK H. '- WALL .. - ?>�; AREA OF TRAFFIC SAFETY VISIBILITY ® ®_ PROPERTY LINE 50 1 HIGH BRICK I GRASS ,_ z,-3„ TO REMAIN. LIGHT LL I D °� TO TO REMOVE -` _ BRICK PAVERS (RE,g15EDH (E) 30" HIGH > Ory BRICK - _ - PVG FENCE TO I - --_- PLANTER - REMOVE ' --- (TO REMAIN) -_ (E) 30" HIGH � 3-_ �© BRICK WALL TO REMAIN. © (E) LANDSCAPE AREA TO REMOVE (E) 3' H. PVC - GATE WALK TO REMAIN z I EXISTING 1 STY- RESIDENCE a=_= 9%6"=_ (E) GRA55 LAWN r "I (1,120 SF) _- Q� _ d) 15-0 v I -_: _ - I EXI5TIN6 6' HIGH I CMU WALL TO REM IN LINE OF EXIST'S = DECK ABOVE 1 TO REMAIN r® (E)TREE LINE OF1. - EXI5TIN6 - PROTECT IN 2nd FLR. PATIO - PLACE ABOVE 1 AREA (E) GONG. STAIRS. TO REMAIN S5qq M<15TIN6 WOOD 1 . ID 57AIR5 TO I REMAIN (E) LAUNDRY CL. EXISTING -'-'-'-' - --" TO REMAIN 403 S.F. GARAGE I ADU Q N LINE OF wx. CONVERSION (E) TREE EXISTIN6 2nd FLR. I0. I PROTECT IN ABOVE PLACE (E) GAS I METERS A(E) �' I I NEW 100 u 5EWER ADU ADDITION LATERAL I ONEW b' PVG FENCE WITH 36" Z2 •• ._._.:.:;•:,. j WlN• J•'.`..... N ry . I : 36'�X 36" X 4" THK. CONC- j WIDE PVC &ATE-.:t-,. (E) UTILITY 1 PO �) <.' ,- PROPERTY LINE 30' OR LANDING W/ ®12" O.L. EA. WAY BARS Q I �- WATER INSTALL SEWER GLEAN -OUT PER CITY 5TD. 406 (IF REO'D)) ) I METER REMOVE EXISTIN6 DRIVEWAY —�� -�-� — — — — APRON AND PROVIDE NEW 4" GONG. SLAB ON 6RADE W/ #4 BARS b 16" O.G. EA. WAY NEW GONG: TO MATCH EXISTIN6 — — ALLEY FLAW LINE I Q •; I