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Home My WebLink AboutC-2421 - Encroachment Agreement (for Sewer Line under Ford Road)RECORDING REQUESTED BY AND WHEN RECORDED RETURN T0: City Clerk,�/�;� 1� City of Newport Beach Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92658-8915 addr EXEMPT RECORDING REQUEST PEt% GOVERNMENT CODE 6103 EVs;"`,WT C-a 7 •• Olt -245281 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA -12 05 PM MAY 2 5 '88 c>i"_ a couNry AECORDEN Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT J U N 15 1988 THIS AGREEMENT is made and entered into this 59.day,o� , 1988, by and between LAIDLAW GAS RECOVERY SYSTEMS, wh•at._e) 39899 Balentine Drive, Suite 275, Newark, California, hereinafter referred to as "PERMITTEE", and the CITY OF NEWPORT BEACH, a municipal cor- poration, organized and existing under Constitution and the laws of the State "CITY"; and by virtue of its Charter and the of California, hereinafter referred to W ITNESSET H: as WHEREAS, PERMITTEE desires to construct a private sewer line crossing underneath Ford Road, a public street in the City of Newport Beach (hereafter EASEMENT), approximately 600 feet west of the center line of Newport Hills Drive West; and WHEREAS, said improvements may interfere with CITY's ability to construct, operate, maintain, and replace CITY facilities within EASEMENT; and WHEREAS, CITY desires to condition approval of construction of said non-standard improvements within EASEMENT; and WHEREAS, the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to permit PERMITTER to construct said non-standard improvements; NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree as follows: 1. It is mutually agreed said private sewer line shall be defined as a 6 inch diameter PVC non -pressurized sewer pipe inside a 10 inch diameter sche- dule 80 steel pipe sleeve. 1 of 3 88-245281 2. CITY will allow PERMITTEE to construct, reconstruct, install, maintain, use, operate, repair and replace said non-standard improvements and all facili- ties and appurtenances necessary and incidental thereto, over CITY's facilities, all in substantial conformance with plans and specifications therefor on file in the CITY. City will further allow PERMITTEE to take all reasonable measures necessary or convenient in accomplishing the aforesaid activities. 3. PERMITTEE and CITY further agree as follows: a. PERMITTEE may construct and install non-standard improvements in substantial conformance with plans and specifications therefor on file in the CITY's Public Works Department. b. PERMITTEE shall maintain the aforesaid non-standard improvements and facilities 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 required PERMITTEE to maintain, replace or repair any CITY -owned pipeline, conduit or cable located in or under said non-standard improvements. c. That should CITY be required to enter onto said EASEMENT owned by CITY to exercise its primary rights associated with said EASEMENT, including, but not limited to, the maintenance, removal, repair, renewal, replacement or enlargement of the existing or future facilities, CITY may remove portions of the non-standard improvements, as required, and in such event: (i) CITY shall notify PERMITTEE of its intention to accomplish such work, if an emergency situation does not exist. (ii) PERMITTEE shall be responsible for arranging for any renewal or restoration of the non-standard improvements affected by such work by CITY; (iii) CITY agrees to bear the portion of the costs of any removal of the non-standard improvements. (iv) PERMITTEE agrees to pay all costs for renewal or restoration of the non-standard improvements. d. OWNER shall indemnify and hold harmless CITY, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any 2 of 3 88-245281 such claim or suit arising from or in any manner connected to the construction, use, maintenance or renewal of the non-standard improvements. 4. PERMITTEE 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 PERMITTEE'S interest in the non-standard improvement and that the Agreement 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 City A`itorney ATTEST: STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) CITY OF NEWPORT BEACH, a Municipal, Corparati pn By Mayor PERMITTEE: LAIDLAW GAS RECOVERY SYSTEMS By On N,0,3 , 198d, before me, t - undersigned, in and for the ate, personally appeared .? C.known to me to be the Mayor of the City of Newps.rt Beach an Notary Public , known to me to be the City Clerk of the City of Newport Beach, Qr(wn to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. OFFICIAL SEAL DOROTHY L. PALEN NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Exp. Apr. 5, 1989 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) and official seal. Notary Public n and for said State On MAY 16, , 1988, before me, the undersigned, a Notary Public in and for said State, personally appeared GEORGE R. JANSEN , known to me Lor proved to me on the basis of satisfactory evidence) to be the person(s) whose names) is (are) subscribed to the within instrument and acknowledged that he/she ecutthe same. OFFICIAL SEAL p ANNA CHESTANG G NOTARY PUBUC-CALIFORNIA t ALAMEDA COUNTY My Comm. Expires July 5,1991 Notary`Public in and for said State ANNA CHESTANG 3 of 3 MURRY L. CABLE Director VICKI L. WILSON Assistant Director August 23, 1994 INTEGRATED WASTE MANAGEMENT DEPARTMENT 320 N. Flower Street, Suite 400 Santa Ana, California 92703 (714) 834-4000 FAX (714) 834-4001 Gilbert Wong City of Newport Beach Public Works Department P.O. Box 1768 3300 Newport Boulevard Newport Beach, CA 92659-1768 Dear Mr. Wong: SUBJECT: LAIDLAW ENCROACHMENT AGREEMENT (File: 24-15-170) The County of Orange Integrated Waste Management Department (IWMD) is presently in the process of acquiring rights from Laidlaw Gas Recovery Systems for their private sewer and water lines that lie within The Irvine Company and City of Newport Beach property. IWMD is also working with The Irvine Company to acquire property rights over the lands where the pipe lines are located, per the agreements recorded in documents 89-033573 and 89-033574, in the Office of the County Recorder of Orange County, California. Pursuant to your telephone conversation of August 18, 1994, with Rudy Diaz of my staff, please accept this letter as the official request from the County of Orange to the City of Newport Beach to transfer (or duplicate) the rights given to Laidlaw Gas Recovery Systems by the City of Newport Beach per Encroachment Agreement dated May 20, 1988 (City File No. 88-245281). Thank you very much for your help on this matter. If you have further questions, please contact Rudy Diaz at 834-4193. Sincerely, Charles S. Niederman Engineering Manager RD cc: Frank Enos, Laidlaw Gas Recovery Systems tPrinted on recycled paper RECEIVED AUG 2 41994 PUBLIC WORKS NEWPORT BEACH. CALIF. VC0..3219.1000 ORANGE COUNTY RECYCLES