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Home My WebLink AboutC-4905 - Encroachment Agreement EP97-236 for 504 Hazel Drivef RECORDING REQUESTET ,ND WHEN RECORDED RETURN TO: Public Works Department City of Newport Beach Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92659-1768 Recorded in the Cou,...y of Orange, California Gary L. Granville, Clerk/Recorder III 11 I I II II II II IIII I I II II No Fee 005 24008038 219970444620 3:18pm 09/11/97 25 Al2 7 6.00 18.00 0.00 0.00 0.00 0.00 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT (EP97-236) THIS AGREEMENT is made and entered into this �/\. day of (LL(ej,„cl: , 1997, by and between Allen Berry (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 504 Hazel Dr., Newport Beach, California and legally described as Lot 36, Block B, Tract 673; 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; W I T N E S S E T H: WHEREAS, OWNER desires to construct/maintain certain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within the Hazel Dr. right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to 504 Hazel Dr., Newport Beach, California; 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 1. It is mute. _Lly agreed that PERMITTED _ .PROVEMENTS shall be defined as concrete panels with brick perimeter in the parkway, and appurtenances in the Hazel Dr. right -of -away as shown on EXHIBIT attached hereto and as approved by the City Engineer. "A" 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- 2 WAY, including but it limited to, the mainten. .ce, 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, 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. 3 7. OWNER agrt that this Agreement shal 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: City Attorney ATTEST: 6-Yurvt rVar-i-6-1, 2/(1 City Clerk CITY OF NEWPORT BEACH, a Municipal corporation By: 4 STATE OF CALIFORNI: ) ss: COUNTY OF GRANGE On a/ , 1.97, --:•re mdeeg /°',--' - persona ap ared / - ,•/ -1'"` , persona y known to me (or proved to me on t basis.. satisfactory evidence) to be the person%5 whose name s)"is are subscribed to the within instr ent and acknowledged to me tha (� she/they has executed same in is her/their authorized capacity( s), and that by her/thei signature,) on the instrument. he person(4.1 or the entity u on behalf of �ihich the person acted, executed the instrument. WITNESyy hand and official seal. Notary Public in and r said State STATE OF CALIFORNIA COUNTY OF ORANGE ss: (This area for official notarial seal) U ,, ?• Comm. #1002681 rA 'NOTARY PUBLIC CALIFORNIA^ 2 r . ORANGE COUNTY rr , P Comm. Expues Aug 22, 1997 /-. v v v v v v v. v. • Shauna Lyn Oyler On lix,er t3, , 1997, before me, `iiv ' nicer A _ Vn_r i h personally peared S_ , Wadoi , personally known to me (or proved o me on the basis of satisfactory evidence) to be the person( -Err whose name,(M is/,ire subscribed to the within instrument and acknowledged to me that ]e/she/may has executed the same in -s/her/the+ authorized capacityci.effr, and that by bi-s'/her/tl 1 signature,(gr on the instrument the person.(sj or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. • Notary Public in and for said State `�..� OFFICIAL SEAL • VIRGINIA A. VARIN NOTARY PUBLIC - CAUFORNIA — COMMISSION M 1143264 C ORANGE COUNTY My Commisabn Exp. July 20, 2001 _ t (This area for official notarial seal) f:\users\pwb\mly\ep_ag\ep97236.doc 5 STATE OF CALIFORNIA )ss. COUNTY OF ORANGE ) %% On �G( 6/ /3 1997, before me, /% (f� _/j (1/ /s' personal) a eare•' �:5 y pp Ct CO),�!/j?� � 4 `' C�P r personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name :Ore subscribed to the within instrument and acknowledged to me that he ' ey executed the same in hi&/their authorized capacity , and that by hisheir signature on the instrument the person or the a upon behalf of which the person acted, i executed the instrument. WITNESS my hand and official seal. Notary Public in and for aid Stat Shauna y p' yje r '�� ' Comm. #1002681 r N07ARY PUBLIC CALIFORNIf Grp ORANGE COUNTY ( J fi•J: _ Comm Expires Aug. 22, 1997 -' CITY OFNEWPORT., BEACH. PUBLIC WORKS DEPARTMENT SKETCH FOR ENCRORCHIENT PERMIT NO. EP- `I - .2 3 to ' lB1T"B" LEGEND: -4- = = TREE POWER POLE SEWER CLERNOUT WRIER METER BOX artc� )k r 6-0. r L (Sketch to be drawn in triplicate) Job Address Owner ,- ) Iet ?e cad Telephone No. -111/-76v —6?2-9 Cr,erefe ec• R_ I11. )a/ tr- 1 1`1. 1-1-1- t-1.._]_TLTfl --� W .-3• Existing Curb and Gutter Center line of street-� Z L, r i` v 2_ Rpplica ignature Date 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 _ rr__k _J L... onrrnarkMentS.