Loading...
HomeMy WebLinkAboutN2000-0367O 9— Nc �/� �c7 t Ai _ 13c- XHIBIT "A" White - Permit Pink - Temporary Office Copy Yellow - Applicant CITY OF NEWPORT BEACH ENCROACHMENT PERIK (Please type or print legible. Press hard - makes 3 copies) \ [1] APPLICATION FOR: Cl CURB CUT ❑ SEWER CONNECTION Pe mrd E.P. RDO- 3 6Z (CHECK ONE) ❑ STREET EXCAVATION ❑ WATER CONNECTION Amount Fee Paid $ ¢ b • -7 O ❑ UNDERGROUND UTILITIES L�OTHER: RStN(I OZ Receipt# 2- / 02-0' [2] ADDRESS OF WORK: -9q06, Z;t o ,- q LII, [3] APPLICANT'S NAME :ADDRESS: /y :AREA CODE: �i y Peb,ecccy, t -e CI lcef ; c2`10b Ste( -%`h ULSIC11:PHONE: iP3(-5_35o [4] OWNER'S NAME:�� ADDRESS `te 5 M Q �P 2 Yv� :PHONE.ODE: C L �= I_ _ C.__- _ _ [5] CONTRACTOR'S NAME: (ADDRESS: l iOffice Phone: 1 Job Site Phone: [6] APPLICANT HEREBY MAKES APPLICATION TO: Cc 1-3,5 C� C -t L--'.) c o C� r N rv'cG- tta rr, 3 t.-_ s 0 0- _P's (SEE ATTACHED PLANS) SPECIAL CONDITIONS OF APPROVAL REQUIRED BY CITY: — 1 -7V -1-1110a ❑ Locale and pothole existing City owned utilities (ie: water, sewer, or street lighting conduits) to verify locations prior to start of any work. Maintain a one (1) foot clearance over or under existing City owned utilities. To arrange for inspection of all connections to City Utilities or if a conflict should occur please contact of the Utilities Department, 48 hours prior to start of any work at (949) 644-3011. In add when a sewer cleanout is required, V.C.P. or P.V.C. SDR35 shall be used with a 4TT box over the cleanout riser. ** ALL UNDERGROUND WORK SHALL BE PERFORMED BY A LICENSED CONTRACTOR** CONTACT "UNDERGROUND SERVICE ALERT" AT LEAST 48 HOURS IN ADVANCE OF ANY EXCAVATION AT 1-800-422-4133 [7] CONTRACTOR'S CITY BUSINESS LICENSE NO. [8] STATE LICENSE NO. [9] WORKERS COMPENSATION INSURANCE CERTIFICATE OF INSURANCE (Section 3800 Labor Code) ❑ 1 certify that I have a Certificate of consent to self -insure, or Certificate of Workers Compensation Insurance or a Certified Copy thereof. Policy No.: Company: Expiration Date: Date: Applicant (signature) 10] CERTIFICATE OF EXEMPTION (Section 3800 Labor Code) I'I certify that in the performance of the work for which this permit is issued, I shall not employ any person in any manner so as to become subject to the Workers Compensation laws of California. If, aIf, after signing this this certificate I become subject to the Worker's Compensation provisions of the State Labor Code, I must comply with the provisions of Section 3700, or this permit shall be deemed revoked. Date: G- CC) Applicant: -,Al ..n 12 a - (signature) [li] CONTRACTOR LICENSE EXEMPTION Mpersodllawithin the Public nghtof-way. ELl am exempt from hiring a Contractor as I amhOWNA =wd Date9�-Applicant: - (signature) 12] HOLD HARMLESS STATEMENT ❑ 1 understand that I am locating minor encroachments within the City right-0f-wayleasement. It is my responsibility as the property owner to maintain the encroachments. I will be responsible for replacing the improvements if the Cry removes hem for maintenance of utilities or other public need; and 1, the property owner shall indemnity and hold the City harmless for any liability associated with the minor encroachments. Data Owner signature: 131 «««< 24 HOUR ADVANCE NOTICE IS REQUIRED FOR ALL INSPECTIONS »»»> CALL(949)644-3311 The terms and conditions of this permit are printed on both sides of this form. Applicant hereby acknowledges that he has read and understands said terms and conditions and that he agrees to abide by them. b6441.n l�G— ![T-"aL--r0 _ OWNERS OR AUTHORIZED AGENTS SIGNATURE (DATE) 14] * * * * * TREES WITHIN THE CITY'S RIGHT-OF-WAY * 'k * * * NO TREES WITHIN THE CITY'S RIGHT-OF-WAY SHALL BE PLANTED, REMOVED OR RELOCATED WITHOUT PRIOR APPROVAL FROM THE GENERAL SERVICES DEPARTMENT SPACE BELOW THIS LINE FOR OFFICE USE DEPARTMENT APPROVAL REQUIRED DATE SIGNATURE - TITLE PERMIT ISSUED Y: 4. DATE ISSUED: EXPIRATION DATE OF PERMIT: PERMIT DENIED: White - Permit Pink - Temporary Office Copy Yellow - Applicant 6 P.J•E - -� - - rrO IN -�o5TS �a I� I S S.D• EPSKmffKt1 y�� C 2- ta6(56 RECORDING REQUESTED AND 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 Gary Granville, Clerk -Recorder 111111111111111111111111111111111111111111111 NO FEE 20000557897 01:09pm 10118100 los 11 Al2 7 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT (EPN2000-367) j THIS AGREEMENT is made and entered into this day of 000, by and between Rebecca Tedder (hereinafter "OWNER"), and the City of ewport 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, 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 6 -foot public utility easement and 5 -foot storm drain easement serving Lot 11, Tract No. 1801 (also known as 2406 Sierra Vista, 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; 1 17) 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 6 -foot high wooden fence 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, 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. 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. 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 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. 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. 3 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: City Attorney City Clerk In VNER: By: !I!! - City Man ger / 'Rebecca -..- STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) On 2000, before me,� /�,1-0-) , g= personally appeared personally known to me (or proved to me on the asis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that his/her/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the persons(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for (This area for official notarial seal) DIANE B. PATTON "< Commission R 1154978 z Notary Public -California > G. - Orange County My Comm. Eores Sep 11,2001 STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE ) O 2000, before me, personally appeared o�J-� , personally known to me (or 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 his/her/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the persons(S) acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State (This area for official notarial seal) .. - DIANE B. PATfON Commission # 1154978 Notary Public - California p z ys Orange County F:\WP51\GILBERR4GITEDDEREPN2000-367HHLDEASMENT.DOC My Comm. Expires Sep 1 L 1 5 6 o o2 -S09 F-2A-� A- 5 �-e r ra c, y�(o a- LrX H®A J r �� 00 P t ` 10 A L rage Requested Inspect Date: Tuesda , July 16, 2002 Assigned To: Inspection Type: ENCROACH Inspection Area: PW Site Address:2406 SIERRA VISTA A/P/D Information Activity: N2000-0367 Type: ENCROACH Sub Type: NEW Status: APPROVED Const Type: Occupancy: Phone: 949 631-5350 Insp Area: PW Applicant: REBECCA TEDDER Description: CONSTRUCT V HIGH FENCE Reauested Inspectionls Item: 10250 FINAL - PW Requested Time: 08:15 AM Requestor: Shari - Close out Phone: Comments: Final EnteredBy: SROOKS K Assigned : y Action: Time Exp: Inspector: Date: ����—n� Time: Comments: a AM PM REPT131 - __ - Run Id: 36B