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Home My WebLink AboutC-3343 - Encroachment Agreement EPN N2006-0298 for 5801 Seashore Drive7 0.1 WHEN RECORDED RETURN TO: c ) RECORDING REQUESTED AND Public Works Department City of Newport Beach Post Office Box 1768 Newport Beach, CA 92659-1768 Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder III Li!II!IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII21.00 2006000476972 10:58am 07118/06 212 50 Al2 6 0.00 0.00 0.00 0.00 15.00 0.00 0.00 0.00 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT (EPN2006-0298) r THIS AGREEMENT is made and entered into this 02e-i day of J U h e , 2006, by and between James R. and L. Coleen Fiebiger, trustees of the Fiebiger Estate Trust (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 5801 Seashore Drive, Newport Beach, California 92663 and legally described as Lot 1 of Block 58 of the Ocean Front Tract, as shown on a map recorded in Book 4, Pages 12 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 Seashore Drive right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to the parcel legally described as Lot 1 of Block 58 of the Ocean Front Tract, as shown on a map recorded in Book 4, Pages 12 of. Miscellaneous Maps in the office of the County Recorder of Orange County, California; also known as 5801 Seashore Drive, Newport Beach, California 92663; 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 construct 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 30 feet in length and 4 feet 4 inches in width tan colored concrete sidewalk in the Seashore Drive right-of-way as shown on EXHIBIT "A" attached hereto and as approved by the Public Works Department. In addition, if any of the PERMITTED IMPROVEMENTS actually built or installed during the time of construction vary from the 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. 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, if in substantial conformance with the 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-day 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 the plans and specifications on file in the CITY's Public Works Department, and as described on Exhibit "A" attached hereto. b. OWNER shall maintain the 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, 2 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. 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 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 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 the 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) day 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. 3 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. CITY OF NEWPORT BEACH, a Municipal corporation APPROVED AS TO FORM: By: C Ye.,--- By: Aaron Harp, Asst. City Attorney Homer Blud u, City Manager ATTEST: OWNER: By: b a yL -' V By: LaVonne Harkless, City Clerk James R. Fiebiger Trustee, Fiebiger Estate Trust OWNER: By: L. Coleen. ' 'ebi Trustee, Fiebiger Estate Trust F:\Users\PBW\Shared\ENCROACH\ROW Agreements\2006\N2006-0298-5801 Seashore Drive (Fiebiger).doc 4 STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE On ! ag personally appeared 200 (,2, before me, U tti • ka J /Y PLJ&_- 1?. F(L 4Q 2 , perso Ily known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged to me that he/sh the has executed the same in his/he authorized capacity(ies), and that by his/her 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. Notary Public in and for said State STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE ) on , 200b, before me, personally appeared fp)Y►I r L . OI Ud ace A -A—A. AAA 1\ A. A. A VICKI L. RANCK F COMM. #1458809 n NOTARY PUBLIC CALIFORNIA ORANGE COUNTY 0 My Comm. Expires December 26, 2007 PQY v .. Y V V" ' YYY (This area for official notarial seal) vilki I �YouJn»ofry publio , personally known to me (provsd--to-me.-ox be b sj . of satisfactory evidence) to be the person( -whose name(s)- is/are subscribed to the within instrument and acknowledged to me that he/s1iieIth y has executed the same in his/t ei+_authorized capacity(ies), and that by his/f e.ir, signature(4 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. Notary Public in and for said State UMW. BROWN Commission # 1633477 Notary Public - California Orange County My Comm. Expkes Jon 25.201 (This area for official notarial seal) 5 • REVISIONS BY 10-17-05 ISoUE Drainage 4-18-0 6 — 4' PVC SOR 35 perforated pipe30 4- — 30 LF. 4" PVC SDR 35 perforated drain tine Y ' 4- do '11%t 1 I 131 min 1% 4-- See Detail "D" 4" brass grates over bottomless trench drain See detail "E" CONC. CARPORT FLOOR (sump in garage floor for secondary drainage) See Detail "D" dope pipe 1 % typ ex'g sidewalk 30 L.F. 4' PVC SDR35 perforated drain tine I� I � I � N4'4" ex'g sidewalk 58th Street irxen of 2% or 1 /4" per ft AR paved areas must slope to drain pipes most drain at a minimum of 1/2%or 1/16' per ft M planter beds and paving are to slope and drain away from r Newport Beach slunidpal Code (NBMC). • dust pa4iathe.. 30 PM MONDAY through FRIDAY; 8:00 AM to 6:00 PM 3I4XCAYS per Section 10-28 of the NBMC. Abe controlled per Section 10-28 of the NBMC. r on the job site at al thnes. x locating and protecting utilities. from al bul:bg and slope areas. removable erosion control devices on -site at the appropriate don site cleanup deposit ether residue shall be allowed to enter streets, curbs, gutters e removed from the site. % MC 17.32.020 control measures shall be in place at the end of each working exceeds 30 percent. During the remainder of the year, they r, whenever the day rainfall probability exceeds S0 percent. g structures ( Fences, Retaining Wails, Gazebo, Patio cover, 6ENFRA! CONSTRUCTION NOTES• 1. All dimensions are taken from face of bolding or centerline unless otherwise noted on plans. The dimensions are shown for approximate Pane and al constructed radii and curves are to have continuous and smooth transitions without abrupt changes or bends. 2. Contractor shall verify Ioption of al utilities prior to consVuction and shall notify Landscape Architect of any discrepancies. Contractor shal be held liable for all damages incurred. 3. Contractor shall coordinate with Landscape Installer to provide irrigation sieeving and conduit for km voltage fighting, Including provision of stubs for drip Irrigation to pots if indicated on plan. 4. Contractor must check all dimensions and site conitios before starting work. Landscape Architect shall be notified Immediately of any discrepancies or possible deficiencies. - 5. M proposed surfaces shall meet existing surfaces with smooth and continuous transition and be flush along entire edge. 6. All fences and watts align with pilaster or posts at centedne, unless otherwise Indicated. 7. Area drains shown are for coordination purposes, and may be adjusted In location as necessary. Contractor shall be responsible for krdudng all connectlons to underground drainage system, I ckdng existing roof gutter downspouts. 8. M work shall be performed .'.u,rding to state and local ordnanc s and codes. Exhibit "A" Sheet 1 of 1 Edson h.h. ex'g curb and gutter (rolled curb) new ton conc. with it. broom finish 0 07 0 O in as d sewer c.o. x'g curb and gutter (rolled curb) Drainage 5-30-0 6 W In Z 0� ® d v) O U W tin CC DCN ai W a— m E Op W LL °� Z mestre design group landscape architecture 27612 el Ina rd. lagura niguel . taelwwee • 92677 619.349-C681 kense /2710' DRAWN ES CHECKED JM PLOT DATE 9-27-05 SCALE 1/4"=1.-0" SHEET L-4 OF SHEETS