HomeMy WebLinkAboutC-4085 - Encroachment Agreement (for 3912 River Avenue)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
RECEIVED
AM 9 1994
CITYCLERK
CITOf
NEWPORT BEACH
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ENCROACHMENT AGREEMENT
THIS AGREEMENT is made and entered into this /-3z ) day of
, L994, by and between Dolly Arnold (hereinafter
WNE! ), 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 I T N E S S E T H:
WHEREAS, OWNER desires to construct certain non-standard
improvements (hereinafter "PERMITTED IMPROVEMENTS") within he
40th Street right-of-way (hereinafter "RIGHT-OF-WAY") that
located adjacent to Lot 7, Block 239, Canal Section, as shown on
a map recorded in Book 4, Page 98 inclusively of Miscellaneous
Maps in the office of the County Recorder of Orange County,
California; also known as 3912 River Avenue, 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
RIGHT-OF-WAY; 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 washed finished "Desert Sand" colored concrete
sidewalk with two (2) 6" steps and appurtenances in the 40th
Street right -of -away 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 incidental thereto,
within a portion of RIGHT-OF-WAY, 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
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 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;
2
(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 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) 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:
Cit
ATTEST:
3
CITY OF NEWPORT BEACH,
a Municipal corporation
By:
City, tanager
OWNER:
By : AO�-eCC
Doaly Arnold
47„,4
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE
On 7
personally appea
personally known
1994, before me, Jell% --tA k k/->°o". %/k1 /1 O/
to me (proved to me on the basis of
to be the rso s) whose(s) are
subscribe o the within instrument and acknowledged to me that
he/ they his executed the same in his/ ei/their authorized
es) , and that by his/ice/thei ignat_ur s) on the
inument the ) or the entity upon behalf of which the
person acted, ex-.uted the instrument.
Watellb
WITNESS C,141.bi and official seal.
AP
NYIri
Notary P : is in and for said State
(This area for official notarial seal)
comm. 1003380
NOTARY PUBLIC IC CALIFORNIA
Orange (kvnty 04)
- My Cornv E'tt Tres Aug. 29, 1997 "
STATE OF CALIFORNIA
SS:
COUNTY OF ORANGE
On
personall appe=red
personall known to me (or proved to 'e
evidence) to be the persorkl whose name (P is/
within instrument and acknowledged to me t-t._,he she/
same in h hi-Ohe'f)al;thorized capacity (ies and tha
his/her eir)signature{S.T on the instri4pent the person
entity pori behalf of which the person
instrument.
WITNS7S my hand-
Notary Public in 'arrfl fors
/.3
B:\AG-940.ENC
EP-94-180
d office seal.
before
CG/'//
me ,Q7-759/&P
the bps of satisfactory
subscribed to the
executed the
or the
CO acted, executed the
Shauna Lyn Oyler;
Comm *1002681 (�
NOTARY PUBLIC CALIFORNIA
ORANGE COUNTY ��`�))))
Comm Exeirss Aug. 22, 1l91 lJ
v
(This area for official notarial seal)
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"CITY OF NEWPORT BEACF-cNCROACHMENT PERMIT
(Please type or print. Press hard - make 3 copies)
Permit #E.P.
Amount Fee Paid 36, (J /so.
Receipt # d 3 ( /7/4,^
APPLICATION FOR: ❑ CURB CUT ❑ SEWER CONNECTION
(CHECK ONE) 0 STREET EXCAVATION 0 WATER CONNECTION
0 UNDERGROUND UTILITIES E- OTHER: Gu A z-K
,p
Sewer Fee Receipt # i
Water Fee Receipt #
Street Permit #
ADDRESS OF WORK: 3 Gf / (Z.,v, iu
APPLICANT'S NAME
ADD z c./5� A..,
PHONE: Ili , 3--5,7G�
OWNER'S NAME: A
t.:50--,r
ADDRESS:
31/2 /Z,c•--,?c‘c A-4c
PHONE:
87 ` 3/CD-3
CQNTRACTOR'S NAME
�2 2 �4- (
ADDRESS:
Office Phone:
Job Site Phone:
CONTRACTOR'S CITY BUSINESS LICENSE NO. 9 D 7 2 STATE LICENSE NO. 4- 4- 5- 7 4-
The pplicant hereby makes application to [.-1 r4 Pa '"F-
> 1.--o er ,= Go P P t y c - O- i t o "7 b ----
3 Yn — / F?O— L •
(SEE ATTACHED PLANS)
SPECIAL CONDITIONS OF APPROVAL REQUIRED BY CITY: EL- N C /2 0,4 L /W N T fit G'- L- En-i c N
JJ
0 Locate and pothole existing City owned uld!ties (ie: water, sewer, or street lighting conduits) to verify locations prior to start of any work. Maintain a
one (1) fool 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)
0 I certify that I have a Certificate of consent to self -insure, or Certificate of Worker's Compensation Insurance or a Certified Copy thereof.
/ 3 7 Z - 9 3 Company: T/47.--E FU /--'1) Expiration Date: / 0 - / - 9 4-
Policy No.: .J 8 4- c.S
❑ Certified Copy hereby furnished
Dale: Applicant: / /-----
(sign ure)
CERTIFICATEMPTION
(Section 3 00 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 Slate Labor Code, I must comply with the provisions of
Section 3700 or this permit shall be deemed revoked.
Applicant:
Date:
(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.
Dale: 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.
Owner Signature:
Date:
«««< 24 HOUR ADVANCE NOTICE IS REQUIRED FOR ALL INSPECTIONS »»»>
CALL (714) 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 and lands said t m and and that he agrees to abide by them.
O ERS R AUTHORIZED AGENTS SIG URE ( ATE)
SPACE BE OWALINE FOR OFFICE USE
DEPARTMENT
APPROVAL REQUIRED
DATE
SIGNATURE - TITLE
`-(�°�^�
PERMIT ISSUED BY:
_,,,_,PP,G-
( 9/ / EXPIRATION DATE OF PERMIT: /o// l9 cr
DATE ISSUED: - -9 ¢-
PFPN/IIT fENIFfl' ,
While - Permit
Pink - Temporary Office Copy
Yellow - Applicant