The URL can be used to link to this page

Home My WebLink AboutC-8766-2 - Encroachment Agreement EP98-240 for 2301 Holly LaneRECORDING REQUESTED ID WHEN RECORDED RETURiv TO: Public Works Department City of Newport Beach Post Office Box 1768 3300 Newport Boulevard U Newport Beach, CA 92659-1768 Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder 11111 111I1 ljjI 1111 No Fee 19980478250 1:43pm 07/24/98 005 29006862 29 57 Al2 6 6.00 15.00 0.00 0.00 0.00 0.00 4,/ Space above this line fc 0T1 ENCROACHMENT AGREEMENT �t5 yp �a (EP98-240) THIS AGREEMENT is made and entered into this 7 day of NsZX, 1998, by and between Chris Ann Alessi (hereinafter "OWNER"), and the City of Nwport 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 2301 Holly Lane, Newport Beach, California and legally described as Lot 15, Tract 1702 (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 Holly Lane right-of- way (hereinafter "RIGHT-OF-WAY") serving of Lot 15, Tract 1702, 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; 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 construct, reconstruct and maintain said PERMITTED IMPROVEMENTS; NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree as follows: Z 1. It is mutually � :ed that PERMITTED IMPROVED ITS shall be defined as 4' wide concrete with brick ribbon landing located in the parkway, and appurtenances in the Holly Lane 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. If permitted improvements 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, then the 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. 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 2 maintenance, removal, rep , renewal, replacement or enlarc fent 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, 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, unless the breach is cured within such 10 day period, 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 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 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 drainage water onto the 3 "SUBJECT PROPERTY". O SER shall defend, indemnify, waiv( id hold harmless CITY, its City Council, boards and commissions, officers and employees from and against any and all loss, damage, liability, clams, 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 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 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. CITY OF NEWPORT BEACH, a Municipal corporation APPROVED AS TO FORM: By: By: City Attor y or ATTEST: City Clerk 4 OWNER: L. By: --L Chris Ann Alessi STATE OF CALIFORNIA ) )ss.. COUNTY OF ORANGE ) OnQ7 98„ bef e m �LC`lQ Z drI5 / personally appear d personally known to me (or proved to me on the basis of satisfactory evidence) to be the person( hose namgs is re subscribed tot within instrument and acknowledged to me that e/ e/they has executed the same in hi(oje-rAeir authorized capacity i�e and that by hi e eir signaturen the instrument the person ,(s)-tr the entity uponeb half of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for A_,' STATE OF CALIFORNIA ) )ss.. COUNTY OF ORANGE ) Me (This area for official notarial seal) SHAUNA LYN OYLFR Commission # 1164149No?ory Public-Coliforniay OrangeCounty Comm. Fxpires Dec 5, 2001 i0my 1998 before me � >.� � � n rpersonally appe4ed � h J �r� "> C 6 i �'�. � (rL' �,personally known to me \ter to be the perso (s) ho e nam (s is/ re,subscribed to the win instrument and ack ledged to me that he/s e/ eyehas ex cutedihe same in his/her heir uthorized capacity ies) 'and that by his/her heir signatur s) n the instrument the perso (s) r the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. A7FiY 'IStCommissioi 7A329Norary Pu.";cz �..� CNa qac "' ''vNotary Public dor said State Xr'(This area for official notarial seal) FAGroups/Pubworks/Encroach/ROWagmts/98/98-240ALES.doc 5 -ITY OF NEWPORT BEACH EXHIBIT ' PUBLIC WORKS DEPARTMENT 1 OF 2 SKETCH FOR ENCROACHMENT PERMIT NO, EP- -rig -2 4 O LEGEND; = TREE Job Address x30( & GL`1 Lt ) = POWER POLE Owner CA 0J. AL>✓�� t A= SEWER CLEANOUT Telephone No. O = WATER METER BOX f I � ii ii ii j I ii ii i I i _' L�._. _.._ ._.._.._.. _. _.._.. _�._...._...� .._t._PL _ `- Existing Curb and Gutter b Fp4A4 Center line of street -� _ _ _ _ _ _ _ _1_. E -X (-I I E) � -T kX /\ I ' Applicant's Signature ate 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.