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Home My WebLink AboutC-4917 - Encroachment Agreement EP98-143 for 453 Tustin AvenueRECORDING REQ',JE.TEL ,ND JVHEN RECORDED RETURN TO: Public Works Departm'ant City of Newport Beach Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92659-1768 Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder \\IIIIIIIIIIIIIIIIIII Eli 111\ IIIIIIIIIIIIIII \II\ No Fee 19980478252 1:43pm 07/24/98 005 29006862 29 57 Al2 6 6.00 15.00 0.00 0.00 0.00 0.00 Space above this line for Rt uuei 5 use only. ) f,1,;) ENCROACHMENT AGREEMENT 5( (EP98-143) THIS AGREEMENT is made and entered into this /7 day of __ _ , 1998, by and betwae i Adam Springel (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"), "OWNER" is the owner of property located at 453 Tustin Avenue, Newport Beach, California and legally described as Lot 27, Block 1, Tract 919 (hereinafter "SUBJECT PROPERTY"), as shown on a map recorded in Book 1, Page 88 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; WITNESSETH: WHEREAS, OWNER desires to construct and maintain certain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within the Tustin Avenue right- of-way (hereinafter 'RIGHT-OF-WAY") serving of Lot 27, Block 1, Tract 919, as shown on a map recorded in L: c ok 1, Page 88, 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 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 recor,slruct and maintain said PERMITTED IMPROVEMENTS; NOW, THEREIORE, in consideration of the mutual promises, the parties hereto agree as follows: 1 1. It is mutually .,reed that PERMITTED IMPROVE .1NTS shall be defined as brick entry landing, and appurtenances in the Tustin Avenue 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 CTTY'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. In addition, any new and existing trees, shrubs, and landscaping that are on the adjacent City property shall be maintained at the roof line of the existing structures at all times. 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: 2 (I) CITY shall notify OWNER of its intention to accomplish such work, if any emergen;,y 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, 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 defend, indemnify, waive, and hold harmless CITY, its City Council, boards and commissions, officers and employees from and against ;:kny and all Toss, 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 any manner connected with the design, construction, maintenance, or continued existence, of the PERMITTED IMPROVEMENTS. 7. OWNER :shall accept the fact that surface drainage water may enter onto the "SUBJECT PROPERTY" from "RIGHT-OF-WAY" located in the City of Newport Beach, County of Orange, State of California, as depicted on Exhibit "A" attached hereto, whether naturally or as a result of the development or improvement of the "RIGHT-OF-WAY". 8. OWNER shall accept and waive any and all liability for any damages to the "SUBJECT PROPERTY" caused by the flow of such surface dkninage water onto the "SUBJECT PROPERTY". OWNER shall defend, indemnify, waive 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 3 attorneys' fees (when outsic, attorneys are so utilized), regardle. , of the merit or outcome of any such claim or suit arising from or in any manner connected to surface drainage water entering the "SUBJECT PROPERTY" from the "RIGHT-OF-WAY". 9. OWNER agrees that this Agreement shall remain in full force and effect from execution thereof; shall run with the land; shall be binding upon thi; 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 'V'/HEREOF, the parties hereto have caused this Agreement to be executed on the dai and year first -above written. APPROVED AS TO FORM: By: ATTEST: City AttorneytvlAk CITY OF NEWPORT BEACH, a Municipal corporation OWNER: City Clerk STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) Bv: By: 4 On May lilt Iq , 1998, before me A6tArc b4' NNE OR1Z, NDT7424 personally appeared Abycdt/‘ 1k.51'teNeet. ('Uf?u personally known to me (or proved to me on the basis of satisfactory evidence) to be the person($) whose nar•,e(I) is/eie subscribed to the within instrument and acknowledged to me that he/chc/thcy has executed the same in hisfhefitheiir authorized capacity(iee), and that by his/her/their signature on the instrument the person(e) or the entity upon behalf of which the person a -d, execs itsd the instrument. WITNfficial seal. blicid State (This area for official notarial seal) ■ i�"� LISHA ANNE ORTIZ `'ri 33 COMM. #1034813 NOTARY P �r' ORANGE COUNTY ,,,RA �uLt MY Comm. E y). Aug. 4,1998 STATE OF CALIF;►=':NIA ) ) ss: COUNTY OF ORANGE ) On 1,\°1°I2 , 1998, before me,ck-ss-1-j )4„-e^4-• personally a eared S \� personally known to me {-or proved-to-me--on-the-basis of satisfactory_ev-i-dence) to be the person( whose name( is re subscribed to the within instrument and acknowledged to me that e/she/they has executed the same in0/her/their authorized capacity( ), and that by /her/their signature(,) on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public ih end for said State CATHY FISHER Commission # 1174329 z Notary Public - Califomia Orange County My Comm. EFeb21,2002 (This area for official notarial seal) F:\Users/Pbw/Mly/Ep_ag/98-143SPRI.doc ITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT EXHIBIT 'B' 1 OF 2 SKETCH FOR ENCROACHMENT PERMIT NO. EP- 13 - 143 LEGEND: = TREE __0__ = POWER POLE n = SEWER CLEANOUT = WATER METER BOX I II II II II II II II II t"-61" •it I I II II it Existing Curb and Gutter Center line of' street Job Address .53 11 7L,J AVE Owner Telephone No, 5-74 - 453 T 4ftn reve // A/ 1 / � . Re61 Gt e.At G� /2/ / 5.Qope=4C70 15 " vuedr ' " 3q� -6 ifa55^�.� F 3 (A eAKAc LAt..DtNE7 X1-1-1b17 "A „ Applicant's Signature Tate Please make a sketch of the Immediate vicinity showing all property lines, dimensions street names, location of' trees, light standards, fire hydrants, parking meters or other existing Improvements which might be affected by the proposed encroachments. (SEE REVERSE SIDE) Works shall be done according to City Specifications and is subject to City Inspection.