HomeMy WebLinkAboutC-4104 - Encroachment Agreement (for 5209 Lido Sands Drive)RECORT)ING REQUESTLIJ AND
WHEN RECORDED RETURN TO:
P L/C wo es 7--
..C1ty Clerk
City of Newport Beach
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659-1768
asr t i . €ems
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
EDTHIS /A�GREEMENT is made and entered into this �� s day of
C�P/%%-e 1993, by and between Jack Milligan (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");
W ITNESSET H:
WHEREAS, OWNER desires to construct certain non-standard
improvements (hereinafter "PERMITTED IMPROVEMENTS") within a
portion of an existing public utility and access easement serving
Lot 71 of Tract No 3162. The 12-foot wide Easement is located
within 6 feet of the southerly portion of Lot 71 of Tract 3162
and 6 feet of the northerly portion of Lot 20 of Tract 3162
(hereinafter "EASEMENT") as shown on a map recorded in Book 95,
Page 17 inclusively of Miscellaneous Maps in the office of the
County Recorder of Orange County, California; also known as 5209
Lido Sands Drive, Newport Beach, 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 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 6'- 8" high wooden fence and appurtenances as
shown on EXHIBIT "A" attached hereto and
Engineer.
as approved by the City
2. CITY will permit OWNER to construct, reconstruct,
install, maintain, use, operate, repair and replace said
PERMITTED IMPROVEMENTS and appurtenances incidental thereto,
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within a portion oL 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' 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.
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.
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5. In the event either party breaches ally 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, 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.
6. OWNER shall 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 agree 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 ORM:
City A orney
CITY OF NEWPORT BEACH,
a Municipal corporation
By:
OWNER:
By:
ack Milligan
3
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE
On __ GP/" �,/ 1993, befo,.,r� m �� �7Gc� /7 eq./L-7
tij/npersonally appearepiCrpfi p`r4edi2,'r 4i-sonally known o me
(or proved to me on the basis cif satisfactory evidence) to be the
person(s) whose name(s) isttin.psubscribed to the ithin
instrument and ackn.wledged to me that his/her ey xecuted the
same in h' -er/authorized capacity(ies), an that by
his/her eir signa ure(s) on the instrument the person(s) or the
entity .ehalf of which the persons(s) acted, executed the
instrument.
WITNES, my hand and officialeal.
Notary Public in arfl for sad State
seal)
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE )
Shauna Lyn Oyler z
Comm #1002881
NOTARY PUBUIC CALIFORNI
ORANGE COUNTY .i
Comm txPirna Aug 22, 1997 -4
(This area for official notarial
On 04:776,8E)g .4 , 1993, before me, 6/ZEN 7q6/K
personally appeared / EGA( !4f/LGf 64i! , personally known to me (or
proved to me on the b sis 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 m:y hand offici l seal.
Notary Public in and for / aid State
seal)
B:\AG-93I.ENC
EP-93-295
OPPICIAL SEAL
ARMEN ASIK
NOTARY PUBLIC - C4"
ORANGE COi..T Y
My Comm. EAnires Aug 4. I S s
(This area for official notarial seal)
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