HomeMy WebLinkAboutC-3719(B) - Encroachment Agreement EPN N2001-018 for 2406 Sierra Vistaco RECORDING REQUESTEL ,ND
WHEN RECORDED RETURN TO:
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Public Works Department
City of Newport Beach
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659-1768
Recorded in Official Records, County of Orange
Gary Granville, Clerk -Recorder
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ENCROACHMENT AGREEMENT
(EPN2001-018)
- -,��i THIS AGREEMENT is made and entered into this (.7i%,-/ day of
�000, by and between Rebecca Tedder (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 2406 Sierra Vista Street, Newport Beach,
California and legally described as Lot 11, Tract No. 1801, as shown on a map recorded in
Book 53, Page 7 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 a portion of an existing 5-foot storm drain
easement, and 6-foot utility easement serving Lot 11 Tract No. 1801 (also known as 2406
Sierra Vista Street, Newport Beach, California) hereinafter "EASEMENT", as shown on a map
recorded in Book 53, Page 7 inclusively of Miscellaneous Maps in the office of the County
Recorder of Orange County, 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 the Easement; and
WHEREAS; the parties hereto desire to execute an agreement providing for fulfillment
of the conditions required by CITY to permit OWNER to construct, reconstruct and maintain
said PERMITTED IMPROVEMENTS;
NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree
as follows:
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1. It is mutually a;, .:ed that PERMITTED IMPROVEML TS shall be defined as 2' x
8' concrete pad, pool equipment, electrical conduit, gas line conduit and appurtenances 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 the Easement, no trees within the 4' utility easement will be allowed, 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' written notice, with prior City Council approval, 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 as a result of exercising it's
easement rights to maintain, repair, or replace it's sewer line.
4. OWNER and CITY further agree as follows:
a. OWNER may, at owner's cost and expenses, 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. In addition, any new and existing landscaping in the easement shall be maintained
at or below the maximum height of 36-inches. 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 all repairs.
d. That should CITY be required to enter onto said Easement to exercise its
primary rights associated with said Easement, including but not limited to, the maintenance,
2
removal, repair, renewal, re, . cement or enlargement of existin,, Jr future public facilities or
improvements, CITY may remove portions of the PERMITTED IMPROVEMENTS, as required,
and in such event:
(i) CITY shall reasonably 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 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, restoration, or
replacement of the PERMITTED IMPROVEMENTS.
e. This agreement does not extend the OWNERS' any rights to construct any
additional improvements at a later time.
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
EASEMENT and remove all or part of the improvements installed by OWNER. Either party
that is alleged to have breached any material provision of this agreement shall be given 30
days written notice of the breach and the opportunity to cure with the date of breach and the
date of termination, if cure is not made. 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
3
assigns of OWNERS' inter6_ . in the land whether fee or otherw. _ .;, 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:
City Attorney
ATTEST:
(k)-1,/tu- /(ia,604
City Clerk
CITY OF NEWPORT BEACH,
a Municipal corporation
OWNER:
By:
By:
Rebecca Tedder
4
ss.
001, before me, y 76tN personally appeared
, personally knon to me (or proved to me on
the basis of satisfactory evidence) to be the person whose name( are subscribed to the
within instrument and acknowledged to me that his they executed the same in his/her/their
authorized capacity), and that by his/her/their signature.(s`) on the instrument the person(s)
or the entity upon
STATE OF CALIFORNIA )
COUNTY OF ORANGE
On n7afr t
ehalf of which the persons(s) acted, executed the instrument.
WITNESS my hand and official s
otary Public in and f: said S "ate
z
SHAUNA LYN OYLER Commission # 1164149
aM Notary Public - California
r Orange County
My Comm. Expires Dec 5, 2001
(This area for official notarial seal)
1-6I6ivi \I. 1116
�►rnPir 1-.13Im40 I4\Jor1viv , personally known to
the basis of satisfactory evidence) to be the persor3whose nam
within instrument and acknowledged to me that his/her-xecuted
authorized capacityles , and that by his/her hei ignatureon the
or the entity upon behalf of which the person
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On 'IAarr,\ tie , 2001, before me
WITNESS my hand and official seal.
kamk GO/VQ
Notary Public in and for said State
personally appeared
me or proved to me on
subscribed to t
the same in his/her,
instrument the person
acted, executed the instrument.
LEILANI V. INES
Commission # 1170960 Z
No:cry Puolic - California
Orange County
My Ccrnm. Expires Jan 25, 2002
(This area for official notarial seal)
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