HomeMy WebLinkAboutC-4087 - Encroachment Agreement (for 1539 Priscilla Lane)RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659-1768
'
- i—JUL-1994 Oi ai a P
M
Recorded in Official Record:
of f . m e Cc.inty. California
Lee ha Branch? Ccginty Recorder
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Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
THIS AGREEMENT is made and entered into this
day of
, 1994, by and between Scott Flamson (hereinafter
"OWNS "), 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");
WITNESSET H:
WHEREAS, OWNER desires to construct certain non-standard
improvements (hereinafter "PERMITTED IMPROVEMENTS") within a
portion of an existing 5-foot public utility easement serving lot
30, Tract 1763 (hereinafter "EASEMENT"), as
recorded in Book 52, Page 11 inclusively of
the office of the County Recorder of Orange
shown on a map
Miscellaneous Maps in
County, California;
also known as 1539 Priscilla Lane, 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 6' high wood fence and appurtenances as shown on
EXHIBIT "A" attached hereto and as approved by the City Engineer.
2. CITY will permit OWNER to construct, reconstruct,
install, maintain, use, operate, repair and replace said
PERMITTED IMPROVEMENTS and appurtenances
within a portion of the Easement, all in
with plans and specifications on file in
incidental thereto,
substantial conformance
the CITY. CITY will
further allow OWNER to take all reasonable measures necessary or
convenient in accomplishing the aforesaid activities.
1
3. Rights granted under this Agreement ,..ay 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.
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,
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terminate this Agreement, and, in the event t—t 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 FORM:
By:
ATTEST:
CITY OF NEWPORT BEACH,
a Municipal corporation
By:
OWNER:
By:
3
STATE OF CALIFORNIA
ss:
COUNTY OF ORANGE
, 1994, before me, Ip .cAp. %A. 1uurvint.pg.orpr."h
personally appEred 4=vsnin— p .clLA..M�� , personally known to me ) 11-Alsi-sc
(or proved to me on the basis of satisfactory evidence) to be the
person( whose name(A) are subscribed to the within
instrument and acknowledged to me that I her/they executed the
same in i /her/their authorized capacity(i*s), and that by
her eir signature(`) on the instrument the person( or the
entity upon behalf of which the persons( acted, executed the
instrument.
On t
WITNESS my hand and official seal.
Notary Public in and for said Sate
seal)
PATRICiA H. HUNDLEY
r:1 COMM.." 967631
Notary Public -California
ORANGE COUNTY
!Ay corm. expires JUN 10,1996
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE
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(This area for official notarial
On .i / , 1994, b fo e me /%&UI'IO' C�-(/!% (( P/-11e7 f
personally app red -/�i%% OT', . ai a Orsonally know ���rr„,,,jjjjj to m (6r P !<<`
proved to me on the basis o tisfactory evidence) to be the
persorv'(C fwhose nani i ar subscribed to the within instrument and
acknowledged to me that his/her executed the same in
his/her ,i4 '� authorized capacit , and that by his/he eir)
signatur on the i trument the person( or the entity upon behalf
of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public i and fA'� said State
seal)
B:\AG-94S.ENC
EP-94-204
0
Shauna Lyn Oyler
z .►�..� Comm #1002681 (�
NOTARY PUBLIC CAI IFORNII�"
4C1; ORANGE COUNTY
. Comm Expires Aug 22 -1997
(This area for official notarial seal)
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STATE OF CALIFORNIA )ss.
COUNTY OF ORANGE
On / 1994 before me, Shauna Lyn Oyler
perso ly .,.'peared Kevin Murphy and Wanda E. Racrgio
perso ally known to me (or proved to me on the basis of
satisfactory evidence) to be the persons whose names are subscribed
to the within instrument and acknowledged to me that they executed
the same in their authorized capacities, and that by their
signatures on the instrument the persons or the entity upon behalf
of which the personW acted, executed the instrument.
WITNESS my hand and official seal.
Shauna Lyn Oyler r
Comm. *1002691
NOTARY
RNI
Notary Public in /nd f o j said State Comm. Ex�n i$ All 22, ,say -+
ORANGE COUNTY
,
• • CITY OF NEWPORT BE;-,,,H ENCROACHMENT PERMIT
(Please type or print. Press hard - make 3 copies)
Permit #E.P. J�
Amount Fee Paid $
Receipt # K)
APPLICATION FOR: 0 CURB CUT 0 SEWER CONNECTION
(CHECK ONE) 0 STREET EXCAVATION 0 WATER CONNECTION
0 UNDERGROUND UTILITIES 0 OTHER: .
Sewer Fee Receipt #
Water Fee Receipt #
ADDRESS OF WORK \Gj -5 ( ` e..\ ,\ \ a Uc '-. c
Street Permit #
PPLICANT'S N ME
ADDRESS: E VJ<a.\ E -
PHONE:
OWNER'S NAME:
ADDRESS: P,? %s c , \\ „ t`. r-i
,�c-i
PHONE:
T as--6\-t
CONTRACTOR'S NAME. ADDRESS: ` C-�v c.I.-G. N-e- s
0- f . 1 a r .'7 t C3,, , e Ne. 5 CG :'N- 4: Yncs c< ( (X
Office Phone: to ` lG'- - c>'.7 '%,
Job Site Phone: -7 as - \ 7. y 1
CONTRACTOR'S CITY BUSINESS LICENSE NO.
V 3-6) STATE LICENSE NO. LA Z� _-� 0-3
The applicant hereby makes application to f tyC c . G 4 w. z 4..i 4- i +Nr is C c: -,nr•'E- W k- s.
CONST set- .'C-- (o' b- C-9 \ �0QD FarzC—
(SEE ATTACHED PLANS)
SPECIAL CONDITIONS OF APPROVAL
REQUIRED BY CITY: --- YJ L YL o r. - t-1 Y\., E r._D T I. C Yt_ E� r."„i tJ T
42` - I ,ns -o
GM $i
0 Locate 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 (714) 644-3011. In addition, 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
WORKERS COMPENSATION INSURANCE
CERTIFICATE OF INSURANCE
(Section 3800 Labor Code)
❑ I certify that I have a Certificate of consent to self -insure, or Certificate of Worker's Compensation Insurance or a Certified Copy thereof.
Policy No.: Company: LY 'T4' \ oniF-sc.1 C:7 Expiration Date: � / S C9
❑ Certified Copy hereby furnished 1 `) ,,� c g
Date. � �� 9 yApplicanf.
(signature)
CERTIFICATE OF EXEMPTION
(Section 3800 Labor Code)
0 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 Worker's Compensation Laws of California.
If, after signing 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: Applicant:
(signature)
CONTRACTOR LICENSE EXEMPTION
❑ I am exempt from hiring a Contractor as I am the OWNER of the property and am personally performing all work within the Public right-of-way.
Date. Applicant:
(signature)
ENCROACHMENT STATEMENT
❑ I understand that I am locating minor encroachments within the City right-of-way/easement. It is my responsibility as the property owner to maintain the
encroachments. I will be responsible for replacing the improvements if the City removes them for maintenance of utilities or other public need; and I, the
property owner shall indemnify and hold the City harmless for any liability associated with the minor encroachments.
Date: Owner Signature:
«««< 24 HOUR
The terms and conditions of this
and understands said to ms and
ADVANCE NOTICE IS REQUIRED FOR ALL INSPECTIONS »»»>
CALL (714) 644-3311
permit are printed on both sides of this form, Applicant hereby acknowledges that he has read
nditions and that he agrees to abide by them.
lbOW-------------L----9
(A_
NERS OR AUTHORIZED AGENTS SIGNATU' - 'iginil' (DATE)
SPACE BELOW MP INE FOR OFFICE USE
DEPARTMENT
REQUIRED
DATE
NATU�RA-- TITTLE
0--. . CS
, 1nAPPROVAL
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CO` O44j b \' ,,
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PERMIT ISSUED BY: e- le- . Gam/
DATE ISSUED: 7 //9 ¢ "EXPIRATION DATE OF PERMIT: It-/// .9-5-
PERMIT DENIED:
White - Permit
Pink - Temporary Office Copy
Yellow - Applicant