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Home My WebLink AboutC-2347(A) - Encroachment Agreement EPN N2002-0126 for 1 Inverness LaneRECORDING REQUESTEE ND WHEN RECORDED RETURN TO: 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 v Darlene Bloom, Interim Clerk -Recorder IIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII16.o0 < N, 2002056279611,56am 07/05/02 10073A126 0.00 0.00 0.00 0.00 10.00 0.00 0.00 0.00 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT (EP2002-0126) THIS AGREEMENT is made and entered into this "14 day of , 20M, by and between Suzanne Stern (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 1 Inverness Lane, Newport Beach, California and legally described as Lot 61, Tract 7638 (hereinafter "SUBJECT PROPERTY"), as shown on a map recorded in Book 306, Pages 1-9 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; WITNESSETH: WHEREAS, OWNER desires to construct and maintain certain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within a portion of an existing 12-foot easement for public utilities (hereinafter "EASEMENT"), serving Lot 61, Tract 7638, as shown on a map recorded in Book 306, Pages 1-9 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 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: 1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as slate driveway, landscaping, 6-foot high plaster wall and appurtenances in the 12-foot EASEMENT 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 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 EASEMENT, 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. If permitted improvements interfere in the future with CITY's ability to construct, operate, maintain, and replace CITY and other public facilities and improvements within EASEMENT, then the 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 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. 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. 2 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, 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 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 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 EASEMENT 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, unless the breach is cured within such 10 day period, 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 attorney's fees and costs incurred. 6. OWNER shall defend, indemnify, waive, 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 shall accept the fact that surface drainage water may enter onto the "SUBJECT PROPERTY" from "EASEMENT" located in the City of Newport Beach, County of Orange, State of California, as depicted on Exhibit "A" attached hereto, whether naturally or as a result of the development or improvement of the "EASEMENT". 3 8. OWNER shall accept and waive any and all liability for any damages to the "SUBJECT PROPERTY" caused by the flow of such surface drainage water onto the "SUBJECT PROPERTY". OWNER shall defend, indemnify, waive 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 to surface drainage water entering the "SUBJECT PROPERTY" from the "EASEMENT". 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 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: By: City Attorney C�VManager ATTEST: By: G �. City Clerk OWNER: By: 1 11 STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE ) On � 4 �999;-before me, personally appeared personal known to me (or ov to asis of atisfactory evidence) to be the 2Esan(s) whose narls)`a�e subscribed to the within instrument and acknowledged to me that he/ /they has executed the same in his/SITOiAheir authorized caAfa7 c( 6s), and that by hif4their sign (s) on the instrument the perso) or the entity upon behalf of which the person acted, e�ed the instrument. �y WITNESS my hand and official eal. Notary Public in and for said State CLAUDE T�ROWE� COMM. #1278526 d NOTARY PUBLIC - CALIFORNIA U rtl ORANGE COUNTY a1 My Comm, expires Oct 25, 2004 STATE OF CALIFORNIA ) (This area is for official notarial seal) ) ss: COUNTY OF ORANGE `�) On , �5 2000, befor me, personally appeare JN\l L - � 1 personal) known to me -Py--ems Ptc-e)--to be the perso (s) whose Warn (s is/ re subscribed to the within rument and acknowle ed to me t at he/she*--,4 has executed the same in his/her their authorized capacityE and that by his/herignatur (s on the instrument the perso (s) r the entity upon alf of which the person a, executed the instrument. WITNESS my hand and official seal. Notary Public in an for said State CATHY FISHER Commission # 1341009 Z y Notary Public - California 3i Z Orange County Arty Comm. Fires Feb 21. J06, (This area is for official notarial seal) F:\USERS\PBW\Shared\ENCROACH\ROWAgreements\2002\2002-0126 1 Inverness-Easmt.doc 5 ,CER PALMATUM 5x f+ is )APANESE MAPLE . 72' BOX MATURE HEIGHT 15 FT- 30 FT MATURE SPREAD 15FT-20 FT - 7 ////111111 A I t �' 'A'Nzcm ow"I ECHIUM FAMOSVM - PRIDE OF MADEIRA . 15 GAL 24' ON CENTER TRiAiNGULAR SPACING - MATURE HEIGHT4' - 6' MATURE SOREAD 4' - 6' X X • A, xx .. 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