HomeMy WebLinkAboutC-4898 - Encroachment Agreement (for 1220 Seacrest Drive)RECORDING REQUESTE_. AND
WHEN RECORDED RETURN TO:
Public Works Department
City of Newport Beach
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659-1768
Space above this line for Recorder's use only.
Recorded in the County of Orange, California
Gary L. Granville, Clerk/Recorder
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005 7004141 079970328909 12:19pm 07/11/97
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ENCROACHMENT AGREEMENT
THIS AGREEMENT is made and entered into this ,-7gcrNeki day of
1997, by and between Martha Jones; 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 1220 Seacrest Drive, Newport Beach, California and legally
described as Lot 88, Tract 6152 ; as shown on a map recorded in Book 260, Page 27
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 Seacrest Drive right-of-
way (hereinafter "RIGHT-OF-WAY") that is located adjacent to 1220 Seacrest Drive,
respectively, 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. It is mutually agreed that PERMITTED IMPROVLMJIENTS shall be defined as
grouted brick over concrete along the parkway and appurtenances in 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 private -owned or 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 the 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:
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(i) CITY shall notify OWNER of its otention 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 defend, 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 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.
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CITY OF NEWF .-2T BEACH,
a Municipal corporation
APPROVED AS TO FORM:
By:
City Attorney
ATTEST: OWNER:
41:64‘,-)%t_
City Clerk
0
By:
By: 71tcc�i/.►�
Marth Jones
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STATE OF CALIFORNIA ,
) ss:
COUNTY OF ORANGE )
On / / ( (ci , 1997 before me, //I koa. (# i
personally known to me or proved to me on the basis of satisfactory evidence) to be the
perso s) whose name re subscribed to the within instrument and acknow dged to me
that h- hey has executed the same in his their authorized capacity s), and that by
his "' it signature(4on the instrument the person/� or the entity upon behalf of which the
person acted, executed the instrument.
�1
WITNESS my hand and official seal.
personally app red
Notary Public in and for said'State
(This area for official notarial seal)
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
,,,� ;•. Shauna Lyn Oyler
02681
,rt ` l}:,� Comm IC CALJF
V � '� ,NOTARY PUBLIC CALIFORNIA�
% ORANGE COUNTY
Comm Expires Aug. 22, 1997 -Av v � v v- v Jv- v v a v
On .J `.2 3- 1997, befor me, JUNE aU TLER
personally appeared dr ?�i - 7ii • A,/a.e%��
person3atly known to ne (or proved to The on the asis of satisfactory evidence) to be the
��per os n(s whos riame(s:Pis(—.)subscribed to the within instrument and acknowledged to me
mat e/shey has executed the same in his/her ttbb authorized adi ljs=), and that by
his/hersig ature on the instrument theers ) 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
F:\USERS\WP51\GILBERT\AG\JONESCDM7.DOC
EP97-152
(This area for official notarial seal)
COMM. 01008878
• ARY MINX CALIFORNG
ORANGE COUNTY
Cava. EON* Nov. 11, 1997
•
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SKETCH FOR ENCROACHMENT PERMIT NO. EP- 9 % — /. 1
1BIT. '
OF '1
LEGEND:
= TREE
= POWER POLE
= SEWER CLEANOUT
a = WATER MEItR BOX
L__
(Sketch to be drawn in triplicate)
Job Address /2 2 o S Eq C/LES7
Owner
Telephone No.
Existing Curb and Gutte r
Center line of street--
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S E4 CiF_S 7
Applicant's Signature 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
other existing improvements which might be affected by the proposed encroachments.
Works shall be done according to City Specifications and is subject to City inspection.
FxN/R/T
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