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Home My WebLink AboutC-5987 - Encroachment Agreement EPN N2000-249 for 835 Via Lido SoudRecorded in Official Records. County of Orange Gary Granville, Clerk -Recorder . ii ;i ni I! lll;i I i i 1 I !EI II � I O FEC 20000411567 01:54pm 08/07100 110 3 Al2 6 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT (EPN2000-249) 5 , �ah THIS AGREEMENT is made and entered into this o day OR_, V of 2000, by and between John R. Qaa4s ( ereinafter "OWNER"), and the City of Newptirt 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 835 Via Lido Soud, Newport Beach, California and legally described as Lot 310 and Lot 311, Tract No. 907, as shown on a map recorded in Book 28, Pages 25 to 36 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; WITNESSETH: WHEREAS, OWNER desires to construct certain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within a portion of an existing 4 -foot public utility easement on Via Lido Soud serving Lot 310 and Lot 311, Tract No 907. (also known as 835 Via Lido Soud, Newport Beach, California) hereinafter "EASEMENT", as shown on a map recorded in Book 28, Pages 25 to 36 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 the Easement; 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: RECORDING REQUESTED AI �-- WHEN RECORDED RETURN TO: co (3— Public Works Department City of Newport Beach I Post Office Box 1768 Cj 3300 Newport Boulevard Newport Beach, CA 92659-1768 Recorded in Official Records. County of Orange Gary Granville, Clerk -Recorder . ii ;i ni I! lll;i I i i 1 I !EI II � I O FEC 20000411567 01:54pm 08/07100 110 3 Al2 6 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT (EPN2000-249) 5 , �ah THIS AGREEMENT is made and entered into this o day OR_, V of 2000, by and between John R. Qaa4s ( ereinafter "OWNER"), and the City of Newptirt 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 835 Via Lido Soud, Newport Beach, California and legally described as Lot 310 and Lot 311, Tract No. 907, as shown on a map recorded in Book 28, Pages 25 to 36 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; WITNESSETH: WHEREAS, OWNER desires to construct certain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within a portion of an existing 4 -foot public utility easement on Via Lido Soud serving Lot 310 and Lot 311, Tract No 907. (also known as 835 Via Lido Soud, Newport Beach, California) hereinafter "EASEMENT", as shown on a map recorded in Book 28, Pages 25 to 36 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 the Easement; 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: 1. It is mutually agrt,_J that PERMITTED IMPROVEMEN . S shall be defined as a grouted 18" X 18" stone pavers driveway approach/walk, grouted 12" X 12" stone pavers carriage walkway, planters, landscaping, and appurtenances as shown on EXHIBIT "A" attached hereto and as approved by the City Engineer. In addition, the proposed PERMITTED IMPROVEMENTS may vary at the time of construction. Hence, any changes must be approved by the City Engineer and shall be on shown on the "As Built" plans. 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 the Easement, 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' written notice, with prior City Council approval, 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 as a result of exercising it's easement rights to maintain, repair, or replace it's sewer line. 4. OWNER and CITY further agree as follows: a. OWNER may, at owner's cost and expenses, 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/or existing landscaping that are within the EASEMENT shall be maintained at a maximum height of 24 -inches. 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 all repairs. d. That should CITY be required to enter onto said Easement to exercise its primary rights associated with said Easement, including but not limited to, the maintenance, removal, repair, renewal, replacement or enlargement of existing or future public facilities or improvements, CITY may remo _ _ portions of the PERMITTED IMPR_ JEMENTS, as required, and in such event: (i) CITY shall reasonably 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, restoration, or replacement of the PERMITTED IMPROVEMENTS. e. This agreement does not extend the OWNERS' any rights to construct any additional improvements at a later time. 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 EASEMENT and remove all or part of the improvements installed by OWNER. Either party that is alleged to have breached any material provision of this agreement shall be given 30 days written notice of the breach and the opportunity to cure with the date of breach and the date of termination, if cure is not made. 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. APPROVED AS TO FORM: By: ity At orney ATTEST: City Clerk CITY OF NEWPORT BEACH, a Municipal corporation By: _ X/• zl�� City M44ager OWNER: B < John F.Y 9svis DAY 1 >=5 STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE ) On Lt'- , 2000, be ore me,00ipeonallyrsappeared O , p (or proved to me on the basis of satisfactory evidence) to'8e the person whose namev) is/are subscribed to the within instrument and acknowledged to me that his l�494;4 aY executed the same in his/ e#Hiejf- authorized capacitylia<and that by his/49dtlaair signature(,$)on the instrument the person or the entity ypon behalf of which the persons.(wKacted, executed the instrument. WITNES my hand and official seal otary Public in an6 for said State STATE OF CALIFORNIA VICKI L. RANCK a COMM. #1242533 V �j OTARYPUBLIC -CALIFORNIA �j CQ ORANGE COUNTY Ca My Comm. Expires Dec. 17, 2003 (This area for official notarial seal) ) ss: COUNTY OF ORANGE ) On , 2000, before e, �1 �� personally appeared nv�; l j jler ally known to me to be the person whose nam (s is re subscribed to the within instrument and acknowledged to me tha is/her he executed the same in his/he thea authorized capacity es ,and that by his/her/ eir ignaturs on the instrument the perso s or the entity upon behalf of which the personsfocted, executed the instrument. WITNESS my hand and official seal. O\j -,A, AA Notary Public in andJar said State CATHY FISHER Commission # 1174329 Z%My Notary Public - California Orange County Comm. fires Feb 21, 2002 J'. bY,�F a Crnr,r !x'329 ' N(' ru t•�ti �l nfC3t iC�� 1. 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