HomeMy WebLinkAboutC-6490 - Encroachment Agreement EPN N2003-352 for 1324 Estelle Lane,,cal
Recorded in official ReccrdS, Coelnty of of'allge
Tow Dal)/, CI(:rk Recorder
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2003001272544 12,56pm 10/15!03
214 1'10 Al2 7
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Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
(EPN2003-0352)
THIS AGREEMENT is made and entered into this3lt.l day of
I/
2003, by and between James C. Warren and Lisa S. Warren,
(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 1324
Estelle Lane, Newport Beach, California, 92660 and legally described as lot 16, Tract 1645, as
shown on a map recorded in Book 104, Page 50, 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 the Dorothy Lane right-of-way
(hereinafter "RIGHT-OF-WAY") that is located adjacent to lot 16, Tract 1645, as shown on a
map recorded in Book 104, Page 50, inclusively of Miscellaneous Maps in the office of the
County Recorder of Orange County, California; also known as 1324 Estelle Lane, Newport
Beach, California, 92660 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
T
RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
U
Public Works Department
City of Newport Beach
Post Office Box 1768
Newport Beach, CA 92659-1768
,,cal
Recorded in official ReccrdS, Coelnty of of'allge
Tow Dal)/, CI(:rk Recorder
1111111�1'''I!'1 ili!ll 11!1!illi li!! 111!118.00
2003001272544 12,56pm 10/15!03
214 1'10 Al2 7
0 00 0 00 0.00 0 (10 12,00 0 00 0.00 0 00
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
(EPN2003-0352)
THIS AGREEMENT is made and entered into this3lt.l day of
I/
2003, by and between James C. Warren and Lisa S. Warren,
(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 1324
Estelle Lane, Newport Beach, California, 92660 and legally described as lot 16, Tract 1645, as
shown on a map recorded in Book 104, Page 50, 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 the Dorothy Lane right-of-way
(hereinafter "RIGHT-OF-WAY") that is located adjacent to lot 16, Tract 1645, as shown on a
map recorded in Book 104, Page 50, inclusively of Miscellaneous Maps in the office of the
County Recorder of Orange County, California; also known as 1324 Estelle Lane, Newport
Beach, California, 92660 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 a
colored concrete landing (4 -feet by 4 -feet) and appurtenances in the Dorothy Lane right-of-
ways 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.
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
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.
7
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.
APPROVED AS TO FORM:
By: x L- 9 /,-& )
City At. rney
ATI
In
City Clerk
CITY OF NEWPORT BEACH,
a Municipal corporation
OWNERS:
James C. Warren
By:
Lisa S. Warren
4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of
On �^fli��' 2a 2-riU✓ before me, wl �� I�� r r✓/��/
Date Na a d Tit f Officer (e.g. "Jane Doe, Not ry Public")
personally appeared L- �1�� an QYil/�rL1"Gs<,>s
LEILANI I. 8ROWN
Commission # 133-5673
z`Notary Public - California
z Orange County
My Comm. E.Vlhu Ji)ri 25.2006
Name(s) of Signers)
personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the perso s) whose nam(s) is re
subscribed to the within instcwment and
acknowledged to me that he/ hey xecuted
the sa in his/he their author'
capacit (ies and that y his/he eir
signatur s on the instrument the perso s r
the entity upon behalf of which the perso
acted, executed the instrument.
WITNES my^halnd and official seal.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual U
Top of thumb here
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
01999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827
STATE OF CALIFORNIA)
) ss:
COUNTY OF ORANGE )
On 3 , , 2003, before me, erne.'IGI I j
(30
personally appeared and j A,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s)4/are subscribed to the within instrument and acknowledged to me
that -l;@4 /they has executed the same in h4A9-ef/their authorized capacity(ies), and that by
#is�their signature(s) on the instrument the person(s) or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
Ali -C
Notary Public in and�# said State
S TE OF CALIFORNIA)
ss:
COUN Y OF ORANGE )
On
personally appe
, 2003, before me,
PAMMA A. RIGGS
AMGO�on # 12i0M
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MVC+Cmm W 2004
(This area for official notarial
personally known to e (or proved to me on the basis f satisfactory evidence) to be the
person(s) whose name( is/are subscribed to the w' in instrument and acknowledged to me
that he/she/they has execute the same in his/ r/their authorized capacity(ies), and that by
his/her/their signature(s) on the in rument e person(s) or the entity upon behalf of which the
person acted, executed the instrume
WITNESS my hand and officia
Notary PZared\encroach\row
for said State
f:\users\pbw\ agreements\2003\2003-352 1324 Estelle Lane.doc
5
(ThisXea for official notarial seal)
CITY OF NEWPORT BEACH EX1IB�I- �:
PUBLIC WORKS DEPARTMENT
SKETCH FDR ENCROACHMENT PERMIT NO, EP- 1-,,--.yt4let i "//4
LEGEND,
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f = POWER POLE
Owner
= SEWER CLEANOUT Telephone Na. pv%�- �'�� - � �1y� •
Q = WATER METER BOX
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Please rake a sketch of the immediate vicinity shoring ali property lines, dimensions
street naves, location of trees, tight standards, fire hydrants, parking meters or
other existing improvements which might be affected by the proposed encroachments.
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Center line of street
a S CLQ C- La�jC
I . . /� f I I../, r -
A lcant s igna pureatm e —
E X /d 1817' 'A"
Please rake a sketch of the immediate vicinity shoring ali property lines, dimensions
street naves, location of trees, tight standards, fire hydrants, parking meters or
other existing improvements which might be affected by the proposed encroachments.