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Home My WebLink AboutC-1852 - Encroachment Agreement (for 4809 Seashore Drive)RECORDING REQUESTED 1D WHEN RECORDED RETUR,. TO: Public Works Department City of Newport Beach Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92659-1768 Recorded in thr 'ounty of Orange, California Grat lle, Clerk/Recorder Gary L. III II I I I II WI I I I III III I I II No Fee 19960590884 4:27pm 11/22/96 005 12015847 12 22 Al2 6 7.00 15.00 0.00 0.00 0.00 0.00 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT THIS AGREEMENT is made and entered into this ^ .r.e/ day of dC Toff , 1996, by and between Dwright Manley (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 4809 Seashore Drive, Newport Beach, California and legally described as Lot 4, block 48, Ocean Front Tract; as shown on a map recorded in Book 4, Pages 12, 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 Seashore Drive right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to 4809 Seashore Drive, 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 mutt.11y agreed that PERMITTED _..PROVEMENTS shall be defined as a 30' x 2.5' slate driveway approach and sidewalk over 6" of concrete within the public right of way, and appurtenances in the Seashore Drive 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 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. 2 d. That _.nould CITY be required to ,._iter 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: (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 agree 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. APPROVED AS TO FORM: By: City Attorney ATTEST: City Clerk CITY OF NEWPORT BEACH, a Municipal corporation By: OWNER: By: Dwrigh Manley 4 STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE On , 1996, efgre me,C4 sin ,t 2 �/' ,>,/„__ personally appeared( ) ei.h• Afi ✓ 476' - , personally known to me (or`Proved to me 6n the _basis of satisfactory evie) to be the person (a) whose name (')are subscribed to the within instrum nt and acknowledged to me that ' she*they has executed t e\ same in 1h4 r/them authorized capacity (ies) , and that by is/he-hadsignature(x) on the instrument the person(1) or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. No`Public in a said State (This area for official notarial seal) SUSAN A. BROWN COMM, # 1023103 Notary Public — California D ORANGE COUNTY My Comm. Expires MAY 6, 1998 STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE On /F Y personally appeared personally known to me evidence) to be the perso within instrument and ac , 1996, before me, IRENE BUTLER roedGto me on the basis of satisfactory is/ subscribe ledged to me that he she hey ha the same in_ /her/ he' authorized capacit (ies , a hat by his/herjheiignatur s on the instrument the perso(sor the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. 1 whose name Notary Public in and for said State to the executed (This area for official notarial seal) F:\W51\GILBERT\AG\DWIGHT96.DOC U v Comm. #1008878 TARY PUBLIC CALIFORN ORANGE COUNTY Comm. Expires Nov. 11, 1997 i 5 ,ITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SKETCH FOR ENCROACHMENT PERMIT NO. EP- -.96 - 3 707- LEGEND: = TREE $ = POWER POLE = SEWER CLEANOUT = WATER METER BOX R _ _ (Sketch to be drawn in triplicate) P Esawi Existing Curb --and Gutter Job Address Owner Telephone No. `79-7- 93�s R_ /✓/7 /a`;rA �,C � oi✓ 7-:11 a 7 CGG✓lf �� Center line of street— 3.2 45,ec- ? 'As Rppl %- //-; 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 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.